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4Front Pharmacy Solutions

Pharmacist Academy ABCDE Programme
Employee-Sponsored Agreement 

4Front is deeply committed to assisting pharmacist-led teams to transform their impact, at the heart of your community, through Continuous Professional Development (CPD) using ‘The Coach Approach’, so that pharmacists are recognised as the healthcare professional of choice for medicines, health and wellness products, services and advice.

CPD Facilitator using ‘The Coach Approach’

Inspired by 4Front’s 6Ps of Professional Excellence Model and STEPS™ Leadership Coaching Framework, 4Front’s goal is to support the Employee Client to work towards meaningful personal, professional and business leadership goals, in order to continually develop the knowledge, skills, attitudes and capabilities to move towards ever more transformational  leadership and patient outcomes. 

The CPD Facilitator does this by co-creating each CPD engagement WITH the Employee Client, cognisant of their context, skills, goals and aspirations.  4Front Pharmacy Solutions Ltd is uniquely placed to empower Employee Client’s Professional Development journey, drawing on experience, qualifications and expertise to integrate Pharmacist, Coaching & Wellbeing Core Competencies, referenced below.

Click here to reference PSI Core Competency Framework for Irish Pharmacists

Click here to reference ICF Core Competency Framework for Coaches

Click here to reference EMCC Core Competency Framework for Mentors

Click here to reference EMCC Core Competency Framework for Super-Visors

Click here to reference NBHWC Core Competency Framework for Health and Wellness Coaches

STANDARD TERMS OF BUSINESS

1. Interpretation

1.1 The definitions and rules of interpretation in this clause apply to these Terms.

Agreement: The agreement by and between professional service provider [enter name] of 4Front Pharmacy Ltd (hereinafter referred to as ‘CPD Facilitator’) and [enter employee or team name] a Company Employee or Company Team, who is the client of the CPD Facilitator’, as approved by the Company (hereinafter ‘Employee Client’ for the supply of Services in accordance with these Terms.

In the case of team coaching, the Employee Client is ‘The Team’.  The Team is collectively responsible, as a unit, for honouring this agreement.  The Team can agree to nominate a team member to sign this agreement on The Team’s behalf and understands that each member of The Team has joint and severable responsibility to ensure The Team as a whole honours the commitments herein.

Services:  the services that we are providing to you on these Terms.

Terms: the terms and conditions set out in this document.

Writing or written: includes email.

Intellectual Property Rights: patents, rights to inventions, copyright and related rights, moral rights, trademarks, trade names and domain names, rights in get-up, rights in goodwill or to sue for passing off, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which may now or in the future subsist in any part of the world.

1.2   The headings do not affect the interpretation of these Terms.

1.3   A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.

1.4   Unless the context otherwise requires, words in the singular include the plural and in the plural include the singular.

2. Basis of Agreement

Whereas, the Company desires to retain the services of 4Front Pharmacy Solutions to provide professional services to those employees of the Company as the Company may select from time to time during the course of this Agreement; 

Whereas, the CPD Facilitator provides such professional services on behalf of 4Front Pharmacy Solutions Ltd to the Company’s employees and/or teams as directed and contracted between 4Front Pharmacy Solutions Ltd and the Company; 

Whereas, the parties each acknowledge and agree that the CPD Facilitator, in performing the professional services under contract with the Company and for the benefit of the Company’s employees or teams, is bound to comply with the codes of ethics named in this agreement at all times during the term of this Agreement and while the professional service relationship is in effect. 

Wherefore, the parties each agree to be bound by the following terms and conditions of the relationship:

CPD Facilitation using ‘The Coach Approach’ and the CPD Facilitator-Client Relationship 

• At all times during the performance of professional services under this Agreement the CPD Facilitator agrees to adhere to and abide by the ethical standards of behaviour and conduct established by the professional bodies to which the CPD Facilitator is accountable. (Refer to the Ethics Section of this Agreement for links to access the relevant Codes of Conduct and Codes of Ethics applicable in this agreement).  It is strongly recommended that both the Company Client and the Employee Client each read and become familiar with these Codes of Ethics and the applicable standards of conduct and behaviour that apply to the CPD Facilitator.

• At all times during the rendering of professional services by the CPD Facilitator and receipt of the same by the Employee Client, the Employee Client shall be solely responsible for creating and implementing their own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the professional relationship between the CPD Facilitator and the Employee Client. The Company Client retaining the services of the CPD Facilitator and the Employee Client each acknowledge and agree that the Coach shall not be liable or responsible for any action or inaction, or for any direct or indirect result of the professional services provided by the CPD Facilitator.

• The Company Client and the Employee Client both acknowledge that CPD Facilitation using ‘The Coach Approach’ is a comprehensive, systemic process that may involves different areas of the Employee Client’s life, including (but not limited to) their work with the Employer, finances, health, relationships, education, professional development and recreation. The Employee Client agrees that the decision as to how to handle or address these issues and the incorporation of coaching principles into those areas and the implementation of choices rests solely and exclusively with the Employee Client and not the CPD Facilitator.

• The Company Client and the Employee Client acknowledge that the professional services provided under this agreement do not involve the diagnosis or treatment of diseases or disorders as described by the current International Classification of Diseases (ICD) and that these services are not to be used as a substitute for legal advice, professional advice by licensed healthcare professionals, mental health professionals such as counsellors, psychotherapists or other qualified professionals. It is the Employee Client’s exclusive responsibility to seek such independent professional guidance and advice as needed. If the Employee Client is currently under the care of a mental health professional, it is strongly recommended that he/she promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed to by the Company Client, Employee Client and the CPD Facilitator.  

• The Employee Client understands and agrees that in order to enhance and maximise the coaching relationship with their CPD Facilitator, they must communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the relationship. Similarly, the Company Client and Employee Client understand and agree that the Employee Client must be provided with the necessary privacy and ability to communicate freely and confidentially with the CPD Facilitator without pressure or fear of being expected or compelled to disclose the substance of their coaching meetings to the Company Client.

• The Company Client further agrees that it shall at all times accept and honour the CPD Facilitator’s obligations of confidentiality to the Employee Client and shall not compel or pressure the CPD Facilitator into disclosing or revealing the substance of the CPD Facilitator’s meetings, with the Employee Client, (including assessments or other client materials) without a specific written agreement by the client before the commencement of the services. In the event of any such demand or pressure on the part of the Company Client the CPD Facilitator and 4FrontPharmacy Solutions Ltd shall be free to terminate the relationship with the Company Client immediately and shall be compensated in full by the Company Client for services rendered through the date of termination of the relationship.

• The Employee Client acknowledges that it is their responsibility to clarify and agree expectations with the Company Client regarding any terms and conditions of sponsorship of their Continuous Professional Development through ‘The Coach Approach’, such as expected outcomes, areas of strengths and development, measures of success, alignment with Company, professional and personal mission, vision, values, goals, performance metrics, professional/career/leadership development pathways, disclosure expectations etc. Furthermore, the Employee Client acknowledges that it is their responsibility to share relevant aspects of this agreement with their CPD Facilitator, in service of their quest towards their goals, growth and development.
  

Both the Company Client and the Employee Client hereby acknowledge their understanding that Coaching and CPD Facilitation are not therapy, nor are they a substitute for therapy. Coaching nor CPD Facilitation do not prevent, cure nor should it be deemed treatment for any mental disorder or medical disease.

Guarantee:

CPD Facilitation applying ‘The Coach Approach’ holds that The Client has capacity to be and is responsible for creating their own decisions and results.  Both Company Client and Employee Client, enter into this Agreement with the full understanding that they are responsible for creating their own results, and that results are not guaranteed. 

The Company Client acknowledges that the Employee’s success is significantly influenced by the quality of the workplace culture provided by the Company Client.  The Employee Client acknowledges that, as and when required, they will use the professional services provided to help them develop the skills to discern between what is within their control, what they can influence (and how), what is the reality they need to accept and given the reality of their sphere of influence, respond accordingly.

This programme provides support for the Employee Client to take positive action to develop a powerful foundation on which to simplify and optimise their personal and professional life.  If they participate fully, 4Front has repeatedly seen Clients achieve results that they had hardly dared to imagine possible only 6 months previously.    In Rachel’s personal experience (over 2,500 hours of coaching individuals and teams), she has not yet seen any Client who commits fully to themselves, the coaching process and their vision and goals not make significant progress towards the results they seek to achieve and the person they seek to become. 

However, there is no guarantee that 4Front (or anyone else) can offer that this WILL happen for any Client, within the expected timeframe.  

The only guarantee 4Front can offer, is that if a Client does NOT

• prioritise themself in their own life (intentionally creating regular time to have the mental space to discover and express their frustrations, needs, wants and desires in a confidential space e.g. coaching sessions),
• commit to moving towards their personal, professional and team vision and goals,
• commit to a strategy and process for achieving it (such as coaching, mentoring, super-vision, the Positive Intelligence Programme or other reflective practices),
• have support  (such as coaching, effective line manager, positive workplace culture etc.) through the ups and downs of their journey towards their personal, professional and team vision and goals,
• have a system in place to support them to follow through on their commitments to themself (such as coaching, employer supports, family supports etc.),

at best, they will remain stuck in the status quo.  At worst, sticking to old habits, beliefs and behaviours that are no longer serving them can cause a vicious downward spiral in health, wealth, relationships and/or happiness., resulting in negative workplace culture, chronic stress, illness and/or burnout, dysfunctional personal and/or workplace relationships, disengagement and under-performance.

3. The Services

3.1 Term and Scope of Services 

This Agreement shall take effect as of [enter date] and remain in effect until terminated by a party or parties pursuant to Section 9 of this Agreement.

3.2    We shall provide the following Services to you as detailed on your professional services page located here.

• delivered weekly/monthly to the Employee Client through the following methods (in-person, internet video conference, telephone meetings, etc.).
• The CPD Facilitator will also make themself available to the Employee Client via the private client portal, e-mail and/or text message for communications between scheduled meetings as agreed to by and between the CPD Facilitator and the Employee Client.

• Any expansion or alteration of the scope of professional services provided by the CPD Facilitator or 4Front Pharmacy Solutions Ltd must be confirmed in writing and signed by authorised representatives of all parties involved in the process, including 4Front Pharmacy Solutions, the CPD Facilitator, Company Client and Employee Client.

3.3   4Front Pharmacy Solutions Ltd shall provide the Services with all due care, skill and ability and shall use our reasonable endeavours to meet any timescales set out, but these dates are estimates only and if we fail to meet these dates you shall not have any legal rights in relation to this.

3.4   Any samples, drawings, descriptive matter or advertising issued by us, and any descriptions or illustrations contained in our catalogues or brochures do not form part of the Contract and are for illustration purposes only.

4. Fees.

4.1  The charges for the Services are €3500. Whether the programme is sponsored wholly or in part with the Company Employee, the entire fee will be paid in full by the Company Client.

• [enter #] of meetings or calls per month, between the CPD Facilitator and the Employee Client in the provision of professional services shall be for [enter #] minutes each, unless otherwise agreed and confirmed in writing.

5. Scheduling and Changes

5.1 Scheduling

• The agreed default times and locations of meetings with the Employee Client or the date and time of the telephone or video conference meeting will be determined and agreed by the CPD Facilitator and the Employee Client at the beginning of the engagement.

• In the event of telephone or video conference meetings, the Employee Client shall be responsible for initiating the telephone or video conference meetings.

• In the case of calls requiring an internet connection, the CPD Facilitator and Employee Client will coordinate in good faith to ensure the internet connection has sufficient stability and bandwidth for the call.

• In the case of telephone meetings, or in the case of internet connection difficulties, the CPD Facilitator and Employee Client will coordinate in good faith to ensure that each has a viable and working telephone number so as to reach the other at the scheduled time and date.

5.2 Changes

• If either party needs to reschedule a session, please give at least 2 weeks notice. Both parties will do everything possible to reschedule a mutually agreeable time. 
• Without this prior arrangement, a missed session will be counted as a completed session and billed accordingly. 
• As the default schedule is pre-agreed for the entire duration of this agreement (e.g. 6-months or 12 months), the Company and the Employe Client has ample opportunity to ensure that annual leave, other training days and staff cover issues do not interfere with attendance.  Therefore, rescheduling is not anticipated and would only be required in exceptional circumstances.    
• If the Company Client or Employee Client needs to slow down the rate at which content is released or services are delivered, monthly payments will continue as agreed.  Extension of professional service beyond the initially agreed time-frame is not included.
• Any additional services provided during any ‘catch up’ month(s), will only be provided if separately re-negotiated and agreed by all parties in writing.
• If an Employee Client reschedules 2 or more sessions, requests 2 or more ‘catch up’ months, or does not achieve key performance measures such as session attendance or timely completion of mutually agreed work between sessions, all parties to this agreement agree to schedule a meeting to review our agreement together.

5.3 Problem

• In order for a problem to be resolved, all parties need to know that a problem exists and then apply problem-solving strategies to address it. The Company Client, Client Employee, CPD Facilitator and 4Front Pharmacy Solutions Ltd acknowledge their responsibility to immediately name any concern or discomfort they have with the way of working between themself and any other party.  For the work to have optimum outcomes, all parties recognise the importance of being honest and open. 

5.4 Dispute Resolution.

• If a dispute arises out of this Agreement that cannot be resolved by mutual consent, the CPD Facilitator and the Company and/or Employee Clients agree to attempt to mediate in good faith for up to 30 days after notice is given. If the dispute is not so resolved, and in the event of legal action, the prevailing party shall be entitled to recover legal fees and court costs from the other party.

6. Confidentiality and Ethical Conduct

Confidential Information and Our Materials

6.1 4Front represents, warrants and agrees as follows:

All information provided by the Company Client to 4Front during the course of the professional relationship will be deemed “Confidential Information” and kept strictly confidential unless otherwise agreed in writing.  4Front will not disclose any communications, either verbal or written, that have taken place either between 4Front and the Company Client or with regard to this Agreement without the prior written consent of the Company Client and, where applicable the Employee Client.

This confidentiality restriction also applies to testimonials and references, which 4Front and/or the CPD Facilitator may use for promotional reasons only with the explicit consent of the Company Client and the Employee Client.  The Company Client and/or Employee Client may request anonymity in connection with any testimonials to be used.  Neither 4Front nor the CPD Facilitator will disclose the Company or Employee Client’s name as a reference without the Client’s explicit consent.

Furthermore, 4Front commits to providing the Company Client with  aggregate, anonymised feedback about themes emerging from work with either individual Employee Client or Team Client work only where individual’s anonymity can be maintained.

Limits of Confidentiality

Notwithstanding the above, “Confidential Information” does not include information that is:

• previously known to 4Front or the CPD Facilitator prior to discussions regarding this Agreement, free from any obligation to keep it confidential, or
• generally known to the public or in the Company Client’s Industry
• publicly disclosed by the Company Client and/or Employee Client either prior to or subsequent to the receipt by 4Front and/or the CPD Facilitator of such information, or
• independently developed by 4Front and/or the CPD Facilitator without any access to Confidential Information, or
• rightfully obtained by 4Front from a third party lawfully in possession of Confidential Information who is not bound by confidentiality obligations to the Client.

Disclosure of Confidential Information

4Front and/or the CPD Facilitator may be required to disclose Confidential Information in the following contexts

• 4Front and/or CPD Facilitator is required by law, statute, lawfully issued subpoena or by court order to disclose Confidential Information.  
• Confidential Information is disclosed to the CPD Facilitator by the Employee Client and as a result of such disclosure the CPD Facilitator reasonably believes there to be an imminent or likely risk of danger or harm to the Employee Client or others
• Confidential Information disclosed involves illegal or criminal activity.

In such cases, 4Front, where reasonably practicable, and to the extent legally permissible, will provide the Company Client and/or the Employee Client with prior written notice of the required disclosure. 

Release of Information for Credentialing Purposes

• The parties to this Agreement acknowledge and agree that the CPD Facilitator is or may be engaged in training and continuing education pursuing and/or maintaining professional credentials. That process requires the names and contact information of Coach/Mentor/Super-Vision/Team clients for verification by the credentialing body.

• By signing this Agreement, both the Company Client and the Employee Client consent to the disclosure by the CPD Facilitator of only the Company Client and Employee Client names, contact information (usually email) and start and end dates of the professional services to the relevant professional body, only for purposes of verifying the professional relationship. No personal notes or other personal information will be shared.

Record Retention

• The Company Client and the Employee Client acknowledge that 4Front and/or CPD Facilitator has disclosed that certain confidential records are required to be kept for legal, insurance, revenue purposes etc.
• The Company Client and the Employee Client acknowledge that 4Front and/or CPD Facilitator has disclosed their record retention policy with respect to documents, information and data acquired or shared during the term of this Agreement. Such records will be maintained by 4Front and/or the CPD Facilitator in a format of their choice (print or digital/electronic) for a period of not less than 8 years. 
• At the Company Client’s written request, 4Front will delete all copies of any Confidential Information in its possession or control, which is not subject to the record retention policy, upon termination of this Agreement.

Confidentiality and Ethical Conduct Duties and Responsibilities of the Parties.

4Front Pharmacists and CPD Facilitators are bound to honour the following codes of conduct or ethics, as applicable to their professional membership bodies.

• Pharmaceutical Society of Ireland Code of Conduct and/or the ICF and/or Global Code of Ethics for Coaches, Mentors and Super-Visors. 

• International Coach Federation Code of Ethics and
• European Mentoring and Coaching Council Global Code of Ethics.
• National Board of Health and Wellness Coaches (NBHWC) Code of Ethics

Company Client and Employee Clients are bound by ______________Codes of Conduct and/or Codes of Ethics.

Credential and Professional Membership Declarations of Rachel Dungan

Please note that this is a CPD Facilitation  Agreement.  The provision of pharmacy care, in a pharmacist-patient relationship is outside the scope of this agreement.

• Each party to this Agreement acknowledges its complete understanding and agreement that the CPD Facilitator, while retained and compensated directly by the Company Client (either as a contractor/consultant or through 4Front Pharmacy Solutions Ltd) for the purpose of providing professional services to Company selected employees or teams, has continuing and overriding professional duties and obligations as set forth herein to both the Company Client and the Employee Client.

• The CPD Facilitator/Client relationship, in this instance between the CPD Facilitator and the Employee Client, as well as all information, both oral and in writing, that the Employee Client shares with the CPD Facilitator as part of the CPD relationship contemplated by this Agreement is bound by the principles of confidentiality as set forth in the ICF and Global Codes of Ethics. The parties hereto recognise that the CPD Facilitator-Client relationship is not considered a legally privileged confidential relationship (such as with one’s physician or attorney) and thus communications are not subject to the protection of any legally recognised privilege. The absence of any such legally recognised principle of confidentiality shall not impair or restrict the CPD Facilitator’s duty of confidentiality as set forth in the ICF and Global Codes of Ethics.

• The Company Client and Employee Client acknowledge their continuing duty to raise any confidentiality questions or concerns with 4Front and/or the CPD Facilitator in a timely manner.

• If any party to this Agreement has an ethical query, or potential conflict of interest, they commit to naming that with one another in the first instance.  If a concern still persists, they commit to discussing that with each other.  If it remains unresolved, each party retain the rights/responsibilities to follow the professional bodies codes of ethics/conduct guidelines. 

Under the ICF and Global Code of Ethics for Coaches, Mentors and Super-Visors, these continuing duties imposed upon the CPD Facilitator, who is a member of ICF and/or EMCC include, but are not limited to:

1. To conduct themself in a manner consistent with these Codes of Ethics in all client interactions;
2. To accurately identify the CPD Facilitator’s qualifications, expertise, experience, training, certifications and credentials;
3. To at all times strive to recognise personal issues that may impair, conflict with or interfere with their professional performance or their professional coaching relationships;
4. To recognise that the Codes of Ethics applies to the CPD Facilitator’s relationship with coaching clients, students, mentees and supervisees;
5. Maintain, store and dispose of any records, including electronic files and communications, created during the engagement in a manner that promotes confidentiality, security and privacy and complies with all applicable laws, agreements and regulations;
6. To seek to be conscious of real or perceived conflicts of interest and to openly and fully disclose any such real or perceived conflict, including offering to remove themself when a conflict arises;
7. To clarify roles for internal coaches, set boundaries and review stakeholder conflicts of interest that may emerge between CPD, coaching and other role functions;
8. To disclose to Employee Clients and Company Client any/all anticipated compensation that the CPD Facilitator receives from third parties;
9. To carefully explain and strive to ensure that, prior to or at the initial meeting, the Employee Client and Company Sponsor understand the nature of CPD Facilitation using ‘The Coach Approach’, the nature and limits of privacy, confidentiality, financial arrangements, and any other terms of the agreement and relationship;
10. To respect the Employee Client’s right to terminate the CPD facilitation relationship at any point during the process, subject to the provisions of any service agreement in place;
11. To maintain the strictest levels of privacy with all client information and confidentiality with all Employee Clients and Company Sponsor information, unless release is required by law;
12. To have a clear understanding and agreement as to how information may or may not be exchanged among the CPD facilitator, Employee Client and Company Sponsor including with regard to privacy;
13. To clearly disclose to the employee client and company sponsor the conditions under which confidentiality and privacy may not be maintained (e.g. illegal activity, pursuant to a valid court order or subpoena, imminent or likely risk of danger to self or others, etc.) and to ensure that all parties understand and agree in writing to that limit of confidentiality.

• Both the Company Client and the Employee Client acknowledge and agree to honour and not interfere with or restrict the CPD Facilitator’s recognised duties and obligations under the ICF and Global Codes of Ethics, including the service provider’s obligation to maintain the confidentiality and privacy of content revealed and discussed by Employee Client with the CPD facilitator during coaching meetings.

• The Company Client further acknowledges and agrees that the CPD Facilitator cannot and will not be required or asked by the Company Client to divulge the substance of his/her meetings with the Employee Client without a full and voluntarily signed waiver of confidentiality and privacy on the part of the Employee Client.

7. Data Protection

7.1   You consent to our holding and processing data relating to you for legal, personnel, administrative, management and marketing purposes.

7.2   You consent to our making such information available to those who provide products or services to us such as advisers, regulatory authorities, governmental or quasi-governmental organisations and potential purchasers of us or any part of our business.

7.3 You consent to the transfer of such information to our business contacts (such as server hosts) outside the European Economic Area.

7.4 In connection with any infringement by the CPD Facilitator of applicable privacy/data protection legislation requirements, including a security breach, concerning personal data/personal identifiable information in relation to the Employee Client, 4Front’s entire liability under this Agreement and the Employee Client’s exclusive remedy shall be limited to the amount actually paid by the Employee Client or Company Client to 4Front under this Agreement for all professional services rendered through and including the termination date.

Data Privacy Policy

By accepting this Agreement, you acknowledge you have reviewed and accepted the terms provided in our Privacy Policy as well. CLICK HERE to open a separate window to read the Privacy Policy which includes important information such as:

• the data we collect
• how we use, store, transfer and protect it
• how your data might be shared
• how long the data will be retained for
• your legal data protection rights
  

8. Intellectual Property

© 2024 4Front Pharmacy Solutions and Rachel Dungan MPSI  All rights reserved

Copyright and IP for 4Front ABCDE Pharmacy Excellence Programme belongs to Rachel Dungan and 4Front Pharmacy Solutions Ltd. 4Front is free to use content in other contexts and for other purposes in part or in full.

4Front and Rachel Dungan shall retain copyright and other intellectual property rights for any content or process created or developed by 4Front under this Agreement. 

No part of the 4Front Pharmacy Solution’s programmes or processes, may be reproduced or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without prior written permission of 4Front Pharmacy Solutions and Rachel Dungan MPSI.

The owners of the copyright licensed by 4Front Pharmacy Solutions to deliver services reserve the rights to their copyright e.g. Positive Intelligence Mental Fitness Program, Everything DiSC Profiles, 4Front Pharmacy Online etc. 

Any programme access is granted, under contract, to paid up clients only.  Unauthorised access is a breach of contract.  

9. Termination

9.1   Subject to the provisions of clause 2, either of us may terminate this Contract on 1 months’ notice for any reason with no liability to the other (apart from liabilities that had already accrued and been incurred).

9.2   You may terminate this Contract if we commit any serious or repeated breach or non-observance of any of the provisions of this Contract and such breach is not remedied within 14 days of notification of breach.

9.3   Notwithstanding the provisions of clause 2 or clause 9.1, we may terminate this Contract with immediate effect with no liability to provide any further services to you if at any time:

(a)    you fail to make a payment when due and payable under this Contract;

(b)    you commit any gross misconduct affecting our business;

(c)     you commit any serious or repeated breach or non-observance of any of the provisions of this Contract;

(d)    you are convicted of any criminal offence (other than an offence under any road traffic legislation in the Republic of Ireland or elsewhere for which a fine or non-custodial penalty is imposed);

(e)    you commit any fraud or dishonesty or carry out business or otherwise act in any manner which in our opinion brings or is likely to bring us into disrepute or is materially adverse to our interests.

(f)     an order is made or a resolution is passed for your winding up;

(g)    an order is made for the appointment of an administrator to manage your affairs, business and property;

(h)    a receiver is appointed of any of your assets or undertaking; or

(i)      you make any arrangement or composition with your creditors or become bankrupt; or

(j)      you cease, or threaten to cease, to trade.

9.4 Our rights under this clause 9 are without prejudice to any other rights that we might have at law to terminate the Contract. Any delay by us in exercising our rights to terminate shall not constitute a waiver of these rights.

9.5 We shall not be obliged to retain documents and information relating to you after termination of this Contract.

10. Obligations on Termination

On termination of this Contract you shall immediately pay to us any unpaid fees or other sums payable under this Contract. Termination will not affect either of our outstanding rights or duties, including our right to recover from you any money you owe us under these Terms. 

11. Status

Our relationship to you will be that of independent contractor and nothing in these Terms shall make us your employee, worker, agent or partner.

Nothing in these Terms shall prevent 4Front from being involved in any way in any other business as long as that does not cause us to breach any of our obligations under these Terms.

4Front is an Independent Company providing CPD using ‘The Coach Approach’

Neither 4Front nor its staff or contractors is, or shall be deemed, Client's employees. In 4Front’s capacity as an independent company, 4Front and the Company Client agree, as follows:

(a) 4Front has the right to perform services for others during the term of this Agreement

(b) 4Front has the right to perform the services required by this Agreement at any place or location and at such times as agreed by 4Front, the Company Client and the Employee Client

(c) 4Front will furnish all equipment used to provide the services required by this Agreement, except for the following: the venue, food and drinks provided to Company Client’s employees during the provision of in-person services, access to Pharmacy TV with cable to connect with lap-top (or projector & projector screen), table & chairs for each participant.

(d) The services required by this Agreement shall be performed by 4Front, or its staff, and Company Client shall not be required to hire, supervise or pay any assistants to deliver professional services.

(e) 4Front is responsible for paying all ordinary and necessary expenses of its staff, including travel expenses, telephone, online, postage and courier services, printing and reproduction, computer services, and other material expenses resulting from the work performed under this Agreement. 

(f) Neither 4Front nor its staff shall receive any training from the Company Client in the professional skills necessary to perform the services required by this Agreement.

(g) Neither 4Front nor its staff shall be required to devote full-time to the performance of the services required by this Agreement.

(h) The Company Client shall not withhold from 4Front’s compensation any amount that would normally be withheld from an employee's pay.

(i) 4Front shall provide its own insurance.  As superintendent pharmacist, to demonstrate “due diligence” it will be useful for you to have on record 4Front Pharmacists’, training & coaching qualifications, professional membership and insurance details.  

12. Limitation on Liability

12.1 Limited Liability.

• Except as expressly provided in this Agreement, the Coach makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the coaching services negotiated, agreed upon and rendered. In no event shall the Coach be liable to the Company Client or the Employee Client for any indirect, consequential or special damages. 1  Other than (i) liability for death or personal injury to any person caused by our negligence, (ii) liability for any fraud or fraudulent misrepresentation made by us or (iii) liability for any other matter which we may not legally exclude or limit, we exclude all liability for any loss or damage suffered by you resulting from the Contract (including all consequential loss or damage howsoever caused and whether or not this was in your or our reasonable contemplation and including any loss or damage suffered by you as a result of advice or opinions given by us or by any of our employees, agents, consultants or subcontractors).

12.2  In the event that we are found liable to you for any loss or damage, this liability shall be limited to the amount of any fees you paid to us in accordance with these Terms in the 12 months preceding the date on which any claim is made.

12.3 If we are prevented from or delayed in performing our obligations by your act or omission or by any circumstance outside of our control, we shall not be liable for any costs, charges or losses incurred by you that arise from such prevention or delay.

12.4 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Terms.

12.5 Notwithstanding any damages that the Company Client or the Employee Client may incur, 4Front’s entire liability under this Agreement, and the Company Client and/or Employee Clients’ exclusive remedy shall be limited to the amount actually paid by the Company Client or Employee Client to 4Front under this Agreement for all professional services rendered through and including the termination date.

12.6 This clause 12 shall survive termination of the Contract.

13. Notices

All notices sent by you to us must be sent to Rachel Dungan, 14 Castle Court, Lismore Co. Waterford P51 HK84 or by email to racheldungan@racheldungan.com. We may give notice to you at either the e-mail or postal address you provided to us. Notice will be deemed received and properly served 24 hours after an e-mail is sent or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that the e-mail was sent to the specified e-mail address of the addressee.

14. Assignment and Subcontracting

14.1 We may at any time assign, transfer, subcontract or deal in any other manner with all or any of our rights under these Terms.

14.2 You shall not, without our prior written consent, assign, transfer, subcontract or deal in any other manner with all or any of your rights or obligations under these Terms. 

15. General

15.1 Severability: If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, that term will (to that extent only) be ‘severed’ from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

15.2 Waiver: If we delay in exercising any rights under these Terms or by law, that shall not constitute a waiver of such right or prevent us from exercising that right at a later date

15.3 Variation: We may vary these Terms at any time (other than in relation to the fee to be charged)

15.4 Binding Effect: This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns.

15.5 Applicable law: These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by Irish law and we both agree to the exclusive jurisdiction of the Irish court.

15.6 Entire Agreement: This document reflects the entire agreement between 4Front and the CPD Facilitator and the Company Client and the Employee Client and reflects a complete understanding of the parties with respect to the subject matter. This Agreement supersedes all prior written and oral representations. The Agreement may not be amended, altered or supplemented except in writing signed by the 4Front, CPD Facilitator, Company Client and Employee Client. 

When you purchase this product, you affirm "I Agree” , and that  you have read, understood and agree to abide by the above. You will immediately receive an email providing you with your login details to your private client portal.   Let’s get started!