Coaching and Services Agreement

 

 

Upon purchasing and making use of the Coaching and Services, you are accepting the Coaching and Services Agreement. The agreement is made between the person (customer/client) purchasing and utilising the Coaching and Services

 And:

 Adele Grobler of Bold Existence Pty Ltd ABN 60 623 634 873 (“Coach”)

 

 

1. PURPOSE OF THIS AGREEMENT

 

 

1. The purpose of this document is to formalize agreement for the Services to be provided as listed in the Schedule on the terms set out in this Agreement (‘the Terms’).
2. The Client will be providing certain Confidential Information which is proprietary to the owner to enable the Coach to provide the Services, which the Coach agrees to keep confidential.
3. The Client agrees to make payment for the Services in accordance with and as agreed in the Schedule.
4. Any intellectual property which may be developed, written, designed, or provided during the performance of the Services will remain at all times with the Coach as proprietary property.
5. The terms of this Agreement outline and govern the parties’ arrangement for these Services as follows:

 

 

2. Definitions:

 

 

2.1 “Confidential Information” means any written or oral information that is provided by or disclosed directly or indirectly through any means that is not already in the public domain, and may include information about business structures, methods, procedures and personal information.

2.2“Services” means the services described in Item 1 of the Schedule.

2.3 “Materials” means newsletters, reports, advertising, audio promotional, literature, written documents, questionnaires, videos, specifications or other material which may be required to assist and enable the Services to be performed.

 

What is Coaching?

 

Coaching is a respectful guided process of interaction and self-discovery over a period of time that encourages and expands your ability to make changes, move forward in new areas and create more of what you desire in your life. Coaching services are not to be construed as, or a replacement for, psychotherapy, legal, financial or medical advice.

 

As your coach, I will endeavour to:

 

• Help create an honest, open, collaborative coaching relationship.
• Be a partner and help you to bring out the best in you.
• Provide a safe, supportive environment for you.
• Respect your confidentiality.
• Promote discovery of new possibilities and insights for you.
• Give you input, honest feedback and operate as a sounding board.
• Listen carefully to what you say and ask questions to help expand your awareness.
• Be a resource for you to use to help you to accomplish your goals.

 

As the Client in this coaching relationship, you agree to:

 

• Try to cultivate an honest, self-aware relationship with yourself.
• Commit to goals that are truly meaningful and significant to you and that we agree will help you with your progress and successful outcome.
• Explore new approaches and experiment with helpful actions and behaviours.
• Provide ongoing feedback on whether coaching is valuable and meeting your needs.
• Be open to hearing our feedback and letting us know whether it fits your expectations of yourself.
• Acknowledge and take ownership for your progress, any setbacks and accomplishments.

 

 

3. SERVICES:

 

 

3.1 The Client appoints the Coach for the Services as specified in the Schedule to this Agreement. The Client accepts the Services and is bound by these Terms when the Client instructs the Coach to proceed, by making a payment, or by confirming acceptance via email or other written means.

3.2 The Coach agrees to provide the Services described in Item 1 of the Schedule in accordance with the Terms in this Agreement. The Coach agrees to provide these Services in a professional manner and in accordance with generally accepted industry practice and standards and will ensure any contractors or coaches or representatives that the Coach may employ from time to time will have the relevant qualifications and are under the same standards requirements.

3.3 Any specific terms and requirements relating to the Services required by the Client will be agreed in writing and notified to the Coach in advance.

3.4 Services may be provided through online courses, booklets, face-to-face, via web-based means (such as Skype, Google hangout or similar) or as otherwise agreed in the Schedule.

 

 

4. WARRANTIES AND REFUNDS

 

 

4.1 Legislation may confer certain rights, warranties and guarantees and remedies relating to the provision of the Services which cannot be excluded, restricted or modified, including but not limited to the Australian Consumer Law (‘ACL’). At no time are these statutory rights sought to be excluded.

4.2 The Coach represents and warrants:

• in providing the Services, they will comply with all law and industry standards;
• the work performed to provide the Services will be done to a high standard in accordance with best practice; and
• the scope of the Services will be limited to the description provided in the Schedule unless otherwise agreed in writing from time to time. Similar or equivalent Services may be substituted from time to time if, in the sole opinion of the Coach, it would benefit the Client or be required to meet the terms of this Agreement.

4.3 The Client represent and warrants:

• they will provide all relevant information required for the Coach to carry out the Services in a timely manner; and
• they hold the relevant and required current insurances to protect the Coach (where relevant) including against any third party claims.

4.4 The Client acknowledges and agrees that:

• results of Services vary from individual to individual. For this reason, performance, progress and success of any particular part of the Services is reliant on the Client and individual to meet their own requirements. The Coach cannot and does not guarantee any particular or any results and the Client is solely responsible for their own progress. If any time during the Services the Client feels their progress is not as expected, it is the responsibility of the Client to advise the Coach immediately of any concerns in order to give the Coach an opportunity to address and assist. The Coach will use reasonable efforts to resolve the concerns, however at no time does the Coach guarantee or warrant any increase or altered progress or performance;
• as the Coach has blocked out specific time periods to provide the Services to the Client, any cancellation or termination and refund of Services would be to the detriment of the Coach. For this reason, there are no refunds for change of mind or similar. Refunds are granted in very limited circumstances and in the sole discretion of the Coach;
• the Coach may, from time to time or as part of the Services, recommend products, food, diet regimes or treatments in the course of or as part of their Services. If the Client has or suspects they may have allergies or medical issues which may be affected by certain foods, or, after taking any course of action recommended by the Coach, find they may have or are experiencing side effects which are uncomfortable or concerning, they should promptly contact their professional health care provider. Any statements either on the website or made by the Coach regarding diet, food or treatments are to be used at the Client’s discretion and are intended to diagnose, treat, cure or prevent any disease;
• in addition, any delay or late attendance to any scheduled sessions by the Client will finish at the nominated and agreed original time in order to not disadvantage other Clients that may be scheduled after the Client session. All sessions must finish on time at the originally scheduled time unless otherwise agreed by the Client and Coach.
• they undertake the Services at their own risk and any session recommendations are not a substitute for medical attention, treatment, examination, advice, treatment of existing conditions or diagnosis and is not intended to take the place of a proper medical advice from a fully qualified medical practitioner; and
• they are responsible for consulting a suitable medical professional before using any of the information or materials provided by any Services or before trying any exercise, technique or taking any course of action that may directly or indirectly affect your health or well-being.

 

 

5. DISPUTES

 

 

5.1 If at any time any aspect of the Services are not reasonably acceptable to the Client, or both parties disagree on the quality, substance, or the parties disagree for any reason on the Services, the Client will immediately notify the Coach of any such reason, the specifics and will give a reasonable opportunity for the Coach to respond and address any concerns. Feedback and discussion are important to the sessions and provision of the Services and it is up to the Client to provide such feedback in order to give the Coach an opportunity to resolve any issue quickly and effectively.

5.2 If a dispute arises, both parties agree that confidentiality is paramount to the reputation of both the Client and the Coach. At no time will any communications or discussions be made public, this includes but is not limited to any social media websites of either party. Any public discussion or comments about either party are considered defamatory, negative or otherwise damaging and will be the subject of compensation in any mediation or litigation claim.

5.3 In the event of any dispute on the work, quality or ownership that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each of us agrees to pay our own costs.

 

 

6. Relationship

 

 

The relationship under this Agreement is that of principal and independent contractor.  This Agreement does not make either party a joint venturer, partner, employee or agent of the other.  No act or omission of either party is to bind the other party except as expressly set out in this Agreement.

 

 

7. TERM AND OWNERSHIP OF INTELLECTUAL PROPERTY

 

 

7.1   Term:
This Agreement is for the period set out in Item 2 of the Schedule. All Services must be provided between the Commencement Date and the Final Date as set out and agreed in the Schedule. In the event not all Services have been provided before the Final Date, the remainder will be forfeited by the Client unless otherwise agreed in writing. It is up to the Client to ensure they arrange and are available for all sessions and for the Services to be provided in full.

 

7.2     The confidentiality provisions survive the termination of this
Agreement remain until the Confidential Information becomes part of the public domain.

 

7.3     Ownership of Intellectual Property and Confidential Information: Materials and work may be provided to the Client from time to time during and to enable the provision of the Services. All materials and work are provided without warranties of any kind, both express and implied. Any designs, materials, analyses, processes, discussions and other intellectual property, both tangible and intangible, which is provided or may be developed as a result of or during the Services is and will remain the property of the Coach at all times. No materials may be reproduced or used for any purpose other than the personal private use of the Client. At no time may it be reproduced and provided to third parties without the express written permission of the Coach.

 

 

8. INFORMATION PROVIDED TO PERFORM THE SERVICES

 

 

8.1. Confidentiality:

 

The Coach agrees that they will:

 

• keep confidential and secure;
• not use directly or indirectly; and
• not disclose directly or indirectly,

 

this Agreement and all personal information relating to, arising under or acquired under or as a consequence of this Agreement and the Services, except:

 

(i) as required by law or any regulatory authority; or

 

(ii) with the Client’s express written consent.

 

8.2. The Coach will not at any time disclose or allow access by any person or third party to any of the Confidential Information unless required to perform the Services in which case, the Coach will ensure they are under the same duty of confidentiality as the Coach is under this Agreement.

 

 

9. PAYMENT, PRIVACY AND REFUND

 

 

9.1 Services will only be provided once payment has been made and received by the Coach. Any refunds are in the sole discretion of the Coach.

9.2 In the event of any late, overdue or unpaid invoice amounts, they will incur interest at a rate determined in accordance with the Penalty Interest Rates Act 1983.

9.3 In the event that the Client fails to pay any invoices, fails to make any payments in accordance with the terms of the Agreement or does not perform its obligations under this Agreement, the Coach may refuse to continue to provide the Services and may terminate this Agreement immediately without notice. We may also commence proceedings to collect any outstanding debts owed.

9.4 All payment and personal information will be kept in a secure manner in accordance with Australian privacy requirements. Please refer to the Coach’s Privacy Policy for details on how Client information will be kept secure.

9.5 By providing the Coach with your payment and credit card details, the Client authorizes payment for Services. In the event the Client has chosen payments to be made on a recurring basis, the Client hereby authorizes such payments to be deducted by the Coach until the full payment has been made under the Terms and in accordance with this Agreement.

9.6 Default: Failure to make a required payment when due under this Agreement shall constitute a material default under this Agreement.

9.7 All sessions or Services are non-transferrable. In addition, no sessions may include or be attended by any other person or third party unless agreed in advance by both Client and Coach.

9.8 Refund: Refunds are not normally granted as the Services have, at the time of payment, been provided, however we at all time comply with Australian Consumer Law (‘ACL’) in relation to any refunds or replacement of services.

 

 

10. TERMINATION AND CANCELLATION

 

 

10.1 For any breach of any of the obligations of this Agreement, the person who has committed the breach will immediately remedy or rectify the breach promptly.

10.2 Termination may occur if the Coach believes that the working relationship has broken down including a loss of confidence and trust; or for any other reason outside their control which has the effect of compromising their ability to perform the Services. In the event of such termination by the Coach, payment must be made up to the date of the last Services and any other monies paid in advance will be refunded to the Client.

10.3 For any group courses or programs that may be offered from time to time, the Coach reserves the right to cancel the course or program in the event that less than four (4) clients are registered. All monies and fees will be refunded in full.

10.4 In the event of any termination by the Client, payment for the full terms of the Services as agreed and nominated in the Schedule becomes immediately due and payable.

10.5 Confidentiality survives and continues in the event of any dispute or termination and, in any event, after the delivery of the Services.

 

 

11. LIMITATION OF LIABILITY AND INDEMNITY

 

 

11.1 The Coach and their representatives are in no way liable for any loss or damages whether direct, indirect or consequential which