Coaching Agreement Terms and Conditions
1 PURPOSE OF THIS AGREEMENT:
- The purpose of this document is to formalize agreement for the erotic psyche practice, relationship and intimacy Services to be provided as listed in the Schedule on the terms set out in this Agreement (‘the Terms’).
- 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.
- The Client agrees to make payment for the Services in accordance with and as agreed in the Schedule.
- The terms of this Agreement outline and govern our arrangement for these Services as follows:
- “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.
- “Services” means the services described in Item 1 of the Schedule.
- “Materials” means any content, literature, written documents, questionnaires, email content, or other materials from time to time which may be required to assist and enable the Services to be performed.
- “Program” may include recommendations for intimacy plans, stress reduction, lifestyle changes, goals, mentoring and other relevant materials to assist Client progress.
What is Coaching?
Coaching is a respectful guided process of interaction, support 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 and mentoring services are not to be construed as, or a replacement for, psychological, financial, medical or other health related 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 and mentoring relationship, you agree that the Coach’s role is not to replace health, psychological, medical or other advice from relevant professional providers but rather to provide education and techniques to help support you and assist with your personal well-being and to help manage your situation. As part of this process, 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 the 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.
- You, the Client appoint 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.
- 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.
- 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.
- Services may be provided by the telephone, email, via web-based means (such as Zoom, Google hangout or similar) or as otherwise agreed in the Schedule. You need to familiarize yourself with any service and any third party service terms we may agree to use. We are at no time responsible for any third party services, including but not limited to unavailability, privacy, confidentiality, breaches, or any direct or indirect activities or outcomes from your use of the third party service.
- All sessions must be scheduled and agreed in advance by the Coach including any sessions which are rescheduled due to unavailability of either party.
- In the event that a Client is unable to attend or wishes to reschedule their appointment, a minimum of twenty four (24) hours notice is required to permit the Coach to offer this session time to another Client. Any sessions that are not notified to the Coach for cancellation or rescheduling prior to this twenty four (24) hour requirement may be forfeited and may not be rescheduled.
- All rescheduled sessions must be reschedule and attended within and prior to the nominated Final End Date in the Schedule.
- In the event the Coach is required to cancel any session or appointment, the Coach will either reschedule at a time convenient to the Client, the session will be transferred to another date or the fee will be refunded depending on the circumstances appropriate and available to both parties.
- We ask that you consider signing up to our Services for the recommended term to ensure you have the time and opportunity to receive the full benefit of our coaching services.
- Recording of Sessions:
- From time to time the Coach may record Client sessions for the Client’s own use or to provide for supervision purposes. The Coach will advise prior of they are intending to record the session. If the Client does not wish to have their session recorded at any time, they must notify the Coach in writing of their request;
- If the Client is provided with a copy of any recording, it is for their own personal use and not to be shared with any third party, including but not limited to any social media. It may be shared with the Client’s partner only with the consent of the Coach; and
- At no time can the Client make any recording of any Session without written consent from the Coach.
3.11 From time to time the Coach may use some of the materials from sessions as de-identified case studies in the Coach’s writings, blog or educational articles. At no time will the Client be identifiable and no personal information will be included. The Coach understands that Client confidentiality is paramount in all sessions and will ensure this at all times maintained.
4 WARRANTIES AND REFUNDS
- 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.
- 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.
- 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 or any particular outcome or result; and
- You agree that some of our Services may involve health, wellbeing or other personal, self-awareness and self-management discussions. The Services and information should not replace discussions with qualified suitable professionals where relevant and should not be used to replace any financial, health or other professional advice. In engaging our Services, you agree you are at all times responsible for your own personal situation and we are only providing coaching and mentoring services. Any reliance on any educational information we may provide in our services is not to be taken as advice nor to replace any advice of any trained therapists or other professionals.
- 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.
- 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.
- 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.
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
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 and remain in place 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
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.
- From time to time, the Coach may be provided with confidential information about or from one partner during a session. They will not, nor are they responsible for disclosing any confidential information to the other partner or any third party unless there is a fear of self-harm, injury, or an illegal or otherwise similar act, in which case, the Coach will only disclose to a party who is under the same duty of confidentiality or subject to a regulatory or legal requirement. The Coach is at no time responsible for any outcome, result, loss, injury, damage or otherwise as a result of this requirement and disclosure.
- 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
- Services will only be provided once payment has been made and received by the Coach.
- 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.
- In the event that the Coach fails to receive payment of any invoices or program fees, or if the Client does not perform their obligations under this Agreement, the Coach may refuse to continue to provide the Services and may terminate this Agreement immediately without notice in their sole discretion.
- 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.
- Refunds: Due to the nature of our Services, and as we believe that your full commitment is important to fully experience and benefit from our Services, we do not offer part or full refunds at any time after the Services have been performed so please consider this carefully prior to signing up to our Services.
- 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.
10 TERMINATION AND CANCELLATION
- 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.
- The Coach may, in their sole discretion, decide to stop the Services for any reason including 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.
- 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 unless otherwise agreed by the Coach.
10.4 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
- The Coach and their representatives are in no way liable for any loss or damages whether direct, indirect or consequential which the Client may suffer in reliance directly or indirectly on all or any part of the Services. The Client shall indemnify and hold harmless the Coach from and against any and all actions, claims, liabilities, proceedings or demands which may be brought against them in respect of any loss, death, injury, illness or damage (whether personal or property and including reasonable legal fees and expenses).
- The liability of the Coach is governed solely by the ACL and these Terms. Any other conditions and warranties which may be implied by custom, law or statute are expressly excluded.
- The Client acknowledges and agrees that they use the Services at their own risk. In engaging the Services, the Client agrees they are liable for and agree to indemnify and hold the Coach harmless for and against any and all claims, liabilities, actions and expenses which may result either directly or indirectly from a breach of these Terms, misuse of the Services or in connection with any of the Services, including but not limited to any third party claims.
- The Client agrees that some Services may involve health, relationship, finances or other personal and well-being management discussions. The Services and information should not replace discussions with qualified suitable professionals including but not limited to any qualified therapists, where relevant and should not be used to replace any professional advice. The Client agrees and acknowledges that any reliance on any information, discussions or recommendations that may arise during the sessions, is done at their own risk. The Client should always seek the advice of a relevant professional when making any decisions affecting financial, legal, medical or other specialist opinions or where requiring advice.
- In any case, the Coach’s liability is limited at all times to amount of the last invoice or program fees paid by the Client.
12 GOVERNING LAW
This Agreement is governed by the laws from time to time in force in the state of Victoria. Both parties agree to unconditionally submit to the non-exclusive jurisdiction of the Courts of Victoria for determining any dispute concerning this Agreement.
Item 1: Services to be Provided
Coaching/mentoring to assist with sexual intimacy and personal relationships including personal development practices, tools and recommendations, resources, guidance and provision of techniques to manage and maintain personal and sexual wellbeing and a healthy partner relationship