Terms of Service & Agreement

The Life & Work Transformation

RECITALS

  1. The Client has agreed to engage the Coach to provide the services described in the schedule together with all related services for the period set out in the schedule on the terms and conditions set out in this agreement.

  2. The Coach has represented that she is qualified and experienced in the supply of such services.

3. Interpretation

This agreement is governed by the laws of New South Wales and the parties submit to the non- exclusive jurisdiction of the courts of that State.

In the interpretation of this agreement:

References to legislation or provisions of legislation include changes or re-enactments of the legislation and statutory instruments and regulations issued under the legislation;

Words denoting the singular include the plural and vice versa, words denoting individuals or persons include bodies corporate and vice versa, words denoting one gender include all genders and references to documents or agreements also mean those documents or agreements as changed, novated or replaced;

Grammatical forms of defined words or phrases have corresponding meanings;

Parties must perform their obligations on the dates and times fixed by reference to the capital city of New South Wales;

Reference to an amount of money is a reference to the amount that can be paid in any currency but has to convert to equal the amount in the lawful currency of the Commonwealth of Australia;

Coaching is a creative convergence of the Coach and the Client to inspire the creative process

to maximize personal and professional potential. It is designed to facilitate the

creation/development of personal, professional or business goals and to develop and carry

out a strategy/plan for achieving those goals.

If the day on or by which anything is to be done is a Saturday, a Sunday or a public holiday in the place in which it is to be done, then it must be done on the next business day;

References to a party are intended to bind their heirs, executors, administrators, successors and assigns; and

Obligations under this agreement affecting more than one party bind them jointly and each of them severally.

2. Appointment

In consideration of the Client paying the Coach in accordance with rates of pay set out in the schedule, the Coach agrees to provide the services during the contract term in accordance with the provisions of this agreement. The Client acknowledges and agrees that the Coach may employ its own staff.

3. Services

The course will be online over Zoom for ten weeks with a combination of teaching and group coaching. The clients should be on all ten calls and there will be some interaction between clients, during group coaching days.

Course content:

  • WEEK 1 - Design Your Ideal Life:

  • WEEK 2 - Values:

  • WEEK 3 - Find Your Purpose:

  • WEEK 4 - Boundaries:

  • WEEK 5 - Group Coaching & Integration:

  • WEEK 6 - Self-Compassion & Harsh Inner Critic:

  • WEEK 7 - Mind-Body Connection:

  • WEEK 8: Health Non-Negotiables & Rest:

  • WEEK 9 - Group Coaching & Integration:

  • WEEK 10 - Goal Setting, Action & Celebration:

  • Courage days: three dedicated days to take action on your purpose statement (could be putting in a boundary, asking for a salary increase, starting a website etc).

  • Bonus section on entrepreneurship (researching your potential business idea, creating your ideal client, nailing down your offer).

    The parties agree that the Coach must:
    Exercise all due care, skill and attention in providing the services;

Do all things necessary to ensure that the services are provided to the reasonable satisfaction of the Client;

Ensure that the services are rendered in compliance with any relevant codes, standards and regulations;

Maintain a safe environment for customers, guests and staff;

Ensure that the services are carried out in a proficient manner by professionally trained and qualified staff;

Ensure an appropriate range of equipment, staff and services as set out in the schedule are operating at all times;

Comply with all legal requirements as may from time to time apply to the provision of the services; and

Perform the key service responsibilities set out in the schedule. Procedure when providing services:

Duration of contract term

The parties agree that the Coach must carry out and perform the services during the days and at the times set out in the schedule. The scope of the services required may change with changes in the Client’s operations and the contract scope may be varied using the agreed rates of pay within this agreement.

5. Payment and invoicing

Subject to the Coach performing the services in accordance with the terms of this agreement, the Client shall pay the Coach in accordance with the rates of pay set out in the schedule in the manner and at the times provided for in this agreement.

Where the Coach is entitled to invoice the Client for all or part of the amount owed to the Coach, such invoices must be paid by the Client within 30 days of receipt of invoice.

There are no refunds for any monies paid for services rendered. However, if the monies have been paid in advance and the Client validly terminates the Agreement, then any unused portion of the money will be returned to the client.

Invoices will be issued every month upfront for services rendered.

The Client reserves the right to question any invoice presented, require correction of any error and receive a refund of any overpayment, regardless of when the overpayment occurred.

6. Confidentiality

The parties covenant on behalf of themselves and their financial, legal and other advisors that they will keep confidential and not divulge, either directly or indirectly, to any person any information relating to the business, processes, systems or affairs of the other party which is of a confidential nature or which is not otherwise in the public domain, including the terms of this agreement, save to the extent that the disclosure may be required by statute or may reasonably be required for the purpose of enabling the parties to fulfil their respective obligations under this agreement or as may otherwise be required by law. This clause shall have force after the termination or expiry of this agreement.

This coaching relationship, as well as all information (documented or verbal) that the Client shares

with the Coach as part of this relationship, is bound by the principles of confidentiality set forth in

the ICF Code of Ethics. However, please be aware that the Coach-Client relationship is not

considered a legally confidential relationship (like the medical and legal professions) and thus

communications are not subject to the protection of any legally recognized privilege. The Coach

agrees not to disclose any information pertaining to the Client without the Client’s written consent.

The Coach will not disclose the Client’s name as a reference without the Client’s consent.

Confidential Information does not include information that: (a) was in the Coach’s possession prior

to its being furnished by the Client; (b) is generally known to the public or in the Client’s industry; (c)

is obtained by the Coach from a third party, without breach of any obligation to the Client; (d) is

independently developed by the Coach without use of or reference to the Client’s confidential

information; or (e) the Coach is required by statute, lawfully issued subpoena, or by court order to

disclose; (f) is disclosed to the Coach and as a result of such disclosure the Coach reasonably believes

there to be an imminent or likely risk of danger or harm to the Client or others; and (g) involves

illegal activity. The Client also acknowledges his or her continuing obligation to raise any

confidentiality questions or concerns with the Coach in a timely manner.

7. Liability

The coach’s liability under the agreement is limited to the monetary sum that is paid by the client under the agreement.

8. No assignment

This agreement is personal to the Coach and must not be assigned without the prior written consent of the Client. Such consent may be given or withheld at the Client’s absolute discretion. Any assignment or purported assignment shall be void and of no effect.

Should the Client exercise its entitlement, then so long as the Client has not terminated this agreement the Coach must forthwith deliver to the Client an additional performance bond for an amount equal to the amount appropriated hereunder.

Upon the latter of one month from the expiration or termination of this agreement or the date upon which there is no further money due to the Client by the Coach, the performance bond must be released to the Coach and the Client agrees to do all things reasonably necessary to procure such a release. Should the performance bond be invested, then upon release to the Coach any interest earned will be divided equally between the parties.

  1. Release of information (optional, based upon specific situation)

    (a)

    (b)

    (c)

  2. Termination

    The Client agrees that it is the Client’s responsibility to notify the Coach 24 hours in advance of a scheduled service involving face to face consultation, telephone consultation or video consultation that the Client will not be able to attend.

    The Coach reserves the right to bill a Client for a missed meeting where the Client failed to comply with notifying the Coach about not attending.

    The Coach will attempt in good faith to reschedule the missed meeting.

    This agreement may be terminated by either party in the event of the other party breaching a term of this agreement and failing to remedy the breach within 7 days after having received notice in writing of the breach.

    The Coach may terminate the contract if the Client’s behaviour or language is abusive and threatening.

    The Client agrees to compensate the Coach for all coaching services rendered through and including the effective date of termination of the coaching relationship.

    If such termination is disputed, it shall be dealt with in accordance with the dispute resolution provisions of this agreement.

  3. Dispute resolution

    If a dispute arises, before any proceeding is commenced the party claiming that a dispute has arisen must give 14 days notice to the other party setting out the dispute and seeking discussion and compromise to resolve the dispute

The Coach engages in training and continuing education pursuing and/or

maintaining ICF (International Coach Federation) Credentials. That process

requires the names and contact information of all Clients for possible verification

by the ICF. By signing this agreement, you agree to have only your name, contact

information and start and end dates of coaching shared with ICF staff members

and/or other parties involved in this process for the sole and necessary purpose

of verifying the coaching relationship, no personal notes will be shared.

According to the ethics of our profession, topics may be anonymously and

hypothetically shared with other coaching professionals for training, supervision,

mentoring, evaluation, and for coach professional development and/or

consultation purposes.

By signing below, the client agrees that the Coach has discharged her obligations

under the Privacy Act 1988 (Cth).

If after 14 days the dispute is not resolved then it must be referred to mediation, Sydney Mediation Centre, and the costs of the mediation shall be borne by the parties equally.

Nothing in this clause will prevent either party from seeking urgent interlocutory relief.

12. Notices

A notice or other communication to a party must be in writing and delivered to that party or that party’s practitioner in one of the following ways:

Delivered personally; or

Posted to their address when it will be treated as having been received on the second business day after posting; or

Sent by email to their email address, when it will be treated as received when it enters the recipient’s information system.

13. Relationship of the parties

The parties acknowledge that this agreement is intended as a contract of service and not any other relationship and, in particular, not the relationship of employer and employee, Client and agent or the relationship of partnership.

Legal Relationship:
a) The legal relationship is an arrangement governed solely by this contact.

Nature of the relationship:

  1. a)  Coach agrees to maintain the ethics and standards of behaviour established by the International Coaching Federation (ICF) www.coachingfederation.org/ethics. It is recommended that the Client review the ICF Code of Ethics and the applicable standards of behaviour.

  2. b)  Client is solely responsible for creating and implementing his/her/their own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the coaching relationship and his/her/their coaching calls and interactions with the Coach. As such, the Client agrees that the Coach is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by the Coach. Client understands coaching is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease.

  3. c)  Client further acknowledges that he/she/they may terminate or discontinue the coaching in accordance with the condition under the heading ‘Termination’.

d)Client acknowledges that coaching is a comprehensive process that may involve different

areas of his or her or their life, including work, finances, health, relationships, education

and recreation. The Client agrees that deciding how to handle these issues, incorporate

coaching principles into those areas and implementing choices is exclusively the Client’s

responsibility.

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Client acknowledges that coaching does not involve the diagnosis or treatment of mental

disorders as defined by the American Psychiatric Association and that coaching is not to

be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care,

substance abuse treatment, or other professional advice by legal, medical or other

qualified professionals and that it is the Client’s exclusive responsibility to seek such

independent professional guidance as needed. If Client is currently under the care of a

mental health professional, it is recommended that the Client promptly inform the mental

health care provider of the nature and extent of the coaching relationship agreed upon by

the Client and the Coach. It is also recommended that the Client informs the Coach if they

are receiving any form of therapy, treatment, medical, holistic or otherwise.

  1. Entire Agreement

  2. Counterparts

This agreement may be executed in any number of counterparts each of which will be an original but such counterparts together will constitute one and the same instrument and the date of the agreement will be the date on which it is executed by the last party.

16. Marketing

The Coach may use generalized client situations in marketing materials and promotional documents but will never name a specific client when discussing wins or challenges unless in a written client testimonial or with express permission from the Client. The coach may use anonymized “wins” from Skool on socials and in promotional documents. If the client does not wish to be featured, the client can email the coach directly.