LAST UPDATED: 14/01/2024
COACHING AGREEMENT
This Agreement is entered into whereby the Coach (I) agree to provide Coaching Services for the Client (you) focusing on the following topics, results, outcomes, and goals.
Acceptance
Please read these Terms and Conditions thoroughly before accessing or using the information and Services available through the Website. The Services are offered to You conditional upon Your acceptance of these Terms and Conditions.
If You access this Website from outside Australia, You are also responsible for ensuring compliance with all applicable laws in the place where You are located.
Amendments
We may amend these Terms and Conditions by providing You with reasonable notice.
Description of Coaching
Coaching is a partnership (defined as an alliance, not a legal business partnership) between the Coach and the Client in a thought-provoking and creative process that inspires the client to maximise 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.
Coach-Client Relationship
A. The Coach agrees to maintain the ethics and standards of behaviour established by the International Coach Federation (ICF) www.coachfederation.org/ethics.
B. The Client is 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 coaching relationship and 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.
C. The Client understands that 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. A coach is not a medical practitioner.
D. The Client further acknowledges that they may terminate or discontinue the coaching relationship at any time. See the 'terms of payment'.
E. The Client acknowledges that coaching is a comprehensive process that may involve all aspects of 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 implement choices is exclusively the Client’s responsibility.
F. The Client acknowledges that coaching does not involve the diagnosis or treatment of mental disorders as defined by PsyBA 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 medical or other qualified professionals. It is the Client’s exclusive responsibility to seek such independent professional guidance as needed. If the Client is currently under the care of a mental health professional, the Client is required to disclose this to the Coach immediately and provide written consent from their medical practitioner, before coaching can commence. The Coach may refuse to provide coaching services in this situation.
G. The Client agrees to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the coaching program.
Services
We agree to provide the Services to You in accordance with these Terms and Conditions. The parties agree to engage in a 'Coaching Program' as detailed in Schedule A attached. The Coach will be available to the Client by email in between scheduled meetings as defined by the Coach in session #1. The Coach may also be available for additional time, per the Client’s needs, as defined and agreed to by the Coach prior to service delivery, at the hourly/project rate confirmed.
Schedule and Fees
You agree to pay Us all Fees.
The Fees payable by You are the Fees displayed in at checkout on the Website immediately prior to agreeing to these Terms and Conditions and purchasing the Services.
A. The delivery of coaching service shall be charged as per the 'Fees' noted in Schedule A. This includes coaching sessions, between session emails/calls and any other provided services.
B. The length of time of each coaching session is as detailed in 'Session Duration' in Schedule A.
C. If rates change before this agreement has been signed and dated, the prevailing rates will apply.
D. The 'Refund policy' in effect for the term of this Agreement is as detailed in Schedule A.
You understand and agree that We may change the Fees by providing you with 30 days written notice. In the event that We change the Fees in accordance with this clause, You may cancel the Services by providing written notice to Us within 7 days of Our notification, stating the reason for
Your cancellation and sending it to Us at eleni@xposeco.com.
Procedure
The time of the coaching sessions and/or location will be determined by the Coach and Client based on a mutually agreed upon time. If phone/online sessions are provided, the Client will initiate all scheduled calls and will call the Coach on the number provided.
Confidentiality
A. 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 prior written consent. The Coach will not disclose the Client’s name as a reference without the Client’s consent.
B. 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 their continuing obligation to raise any confidentiality questions or concerns with the Coach in a timely manner.
Intellectual Property of Services
We have and retain ownership (including all Intellectual Property Rights) of all information contained on the Website, in the Services and other documents prepared and provided to You.
This includes but is not limited to all presentations, outlines, coaching programs, coaching exercises, instructions and information contained in emails. If You want to copy, adapt, distribute, re-use, store or display any information We give to You, You can only do so with Our written permission.
Intellectual Property of Third Party Material
We make no warranties or representations that third party material on this Website, does not infringe the Intellectual Property Rights of any person anywhere in the world. We are not, and must not be taken to be, authorising infringement of any Intellectual Property Rights contained in material published on the Website.
Information
The information provided on this Website by Us and third-party suppliers are intended to assist in You in career and life. You acknowledge and agree that the information published is only intended to provide general information in summary form.
Neither XPOSE COACHING & CONSULTING, nor third-party suppliers, can guarantee the suitability of the Services, or provide legal advice, financial advice, medical advice, counselling or therapy. We strongly recommend that You seek this advice independently from a suitably qualified professional.
It is Your sole responsibility to evaluate the accuracy, completeness and usefulness of all opinions, Services, and other information provided through the Website.
Marketing, Promotions and Training
You acknowledge and agree that We may record videos, sound recordings, photographs or other content in performance of the Services or relating to the Services. By engaging Our Services, You hereby consent to such videos, sound recordings, photographs or other content being taken. We will have and retain ownership of all videos, sound recordings, photographs or other content, including any Intellectual Property rights subsisting in them. We may use such videos, sound recordings, photographs or other content taken, as well as any posts made by You on Our social media platforms, for marketing, promotional or training purposes whether on our Website, Media or by other means.
Terms of Payment
Payment is required in-full prior to coach services being delivered via Stripe and the card payment method of your choice.
Where paying by EFT a payment receipt is to be emailed to the Coach at the time of payment being made.
Method of Payment
The sums payable under these Terms and Conditions are to be paid by a credit or debit card unless otherwise agreed in writing by Us.
You may pay any sums payable under these Terms and Conditions by selecting one of the following options at checkout on the Website:
Direct debit payments are handled by Stripe. Please review and familiarise Yourself with their terms and conditions.
Cancellation
At the discretion of the Coach, paid fees may be transferred to a future session date, where a session has been canceled by the Client with more than 48 hours notice in writing.
In the extreme and unusual case where the Coach cancels a session, the fee paid by the Client will be transferred to a future session - a refund will not be issued. Please see 'Refund Policy'.
We may cancel the Services immediately by providing You with written notice where any payment due by You to Us is not paid in full or by the due date or where You are in material breach of these Terms and Conditions.
In the unlikely event where the Coach terminates service provision, all fees paid against sessions not yet delivered to / consumed by the Client will be returned to the client in full, within 48 hours of service termination advice in writing by the Coach.
We may cancel the Services at any time, by providing You with 48 hours written notice in all other circumstances.
You may cancel the Services at any time during the Initial Term, by providing Us with 48 hours’ written notice to eleni@xposeco.com.
Payment Default
If You default in payment by the due date of any amount payable to Us under these Terms and Conditions, We may, without prejudice to any other accrued or contingent rights:
Coaching Program
Depending upon the outcome the Client wishes to achieve and the time, money and commitment the Client is willing to honour, will be the type of Coaching Program the Client will be presented with.
The costs of all resources within your Program are included in your Coaching Fee, as agreed to prior to Coaching commencing and as detailed on your invoice.
Where resources are added to your Program that are considered 'extra' to those negotiated and agreed to (such as books, profiling reports etc.), your Coach will gain your approval to use and charge you for them prior to delivery.
Your Program can include one or all modes of delivery as follows: face-to-face, online and telephone. The mode/s of service you will experience will be as agreed to by you and the Coach prior to commencement of service.
Email contact between sessions will be as outlined and agreed to in your first coaching session. Phone contact with your Coach between sessions will be as outlined and agreed to in your first coaching session.
Your Coach will have a diary scheduled around your booked sessions.You are required to give at least 48 hours notice of session cancellation.
Where a Client fails to attend a confirmed coaching session, the Client may forfeit their paid fee at the discretion of the Coach.
Coaching Fees
Unless by prior arrangement the normal coaching fees apply as below:
This fee includes: Your personal coaching session, any resources utilised in your coaching program (unless quoted as a separate item), phone and email contact with your Coach between coaching sessions, as outlined and agreed in session #1.
Session Duration
Depending upon the Coaching Program you purchase will be the duration of time in each session. This will be confirmed with you prior to coaching commencing. Please always be on-time for your sessions. The Coach may not be able to add time onto the end of a planned session where you arrive late.
Refund Policy
Refunds will not be issued where:
To the fullest extent permitted by law, the Fees are non-refundable. You are obliged to pay for the Services that We agree to provide You with regardless of whether You terminate, utilise or fully utilise those Services.
Use of Details
We will use Your email address to provide You with information relating to the Website and Services. The timing, frequency and content of this information can be altered by You in Your account settings or by Us at our discretion.
Email and Other Electronic Communication
We will use email and other forms of digital or electronic communication with You and third parties unless You instruct Us to the contrary and We agree to another method of communication with You.
Email and other digital or electronic communication may be interfered with, contain computer viruses or other defects, or may not be successfully replicated to other systems. To the extent permitted by law, We will not be liable for any copying, recording, reading or interference by others during, or after a transmission, for any delay or non-delivery, or for any damage caused in connection with the transmission. Please contact Us immediately if You have any doubts about the authenticity of any communications or material which appears to have been received by Us.
Your Obligations
You warrant and agree that:
You may not assign or transfer any rights and obligations under these Terms and Conditions without Our written approval.
Breach
If You breach these Terms and Conditions, breach applicable laws, regulations, or third-party rights or We believe it is reasonably necessary to protect other Members, We may, without prior notice:
Nothing in this clause acts to limit the Terms of Use.
Limitation of Liability
You understand and agree that We:
You (the “Indemnifying Party”) releases and indemnifies and will continue to release and indemnify Us (the “Indemnified Party”), its officers, employees, subcontractors and agents from and against all direct actions, claims, proceedings or demands (including those brought by third parties) which may be brought against it or them, whether in relation to these Terms and Conditions, Website or Services, whether at common law, in equity or pursuant to statute or otherwise, in respect of any loss, death, injury, illness or damage (whether personal property, and whether direct or consequential, including consequential financial loss) and any howsoever arising as a direct result of the negligence, wilful misconduct or recklessness of the Indemnifying Party and from and against all direct damages, costs and expenses incurred by the Indemnified Party (on a full indemnity basis) in defending or settling any such claim, proceeding or demand.
The Indemnifying Party indemnifies and will continue to indemnify the Indemnified Party for all costs and expenses on a full indemnity basis, relating to the Indemnifying Party’s breach of these Terms and Conditions or the enforcement of these Terms and Conditions.
The indemnity under this clause survives the termination of these Terms and Conditions.
Warranty
We will use reasonable endeavours to ensure the Services are carried and completed by the requested timeframes, to acceptable standards and in compliance with these Terms and Conditions.
Whilst We will use Our reasonable endeavours, We will not be liable for any loss or damage You suffer or suffered by any third party for a failure of the Services to meet the requested timeframe, be of acceptable standard or in compliance with these Terms and Conditions.
Inconsistency
Should there be an inconsistency between these Terms and Conditions and the Terms of Use, these Terms and Conditions shall first prevail, to the extent of the inconsistency only.
Force Majeure
We will not be liable for any failure to carry out Our obligations under these Terms and Conditions where such failure is due to any cause beyond Our reasonable control , including but not limited to an act of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, generalised lack of availability of raw materials or energy.
Severability
In the event that a Court of competent jurisdiction determines that any or any part of the terms contained in these Terms and Conditions are invalid, unlawful or unenforceable, then such term/s shall be severed from the remaining terms to the extent of their invalidity, unlawfulness or unenforceability.
Relationship
These Terms and Conditions do not create a relationship of agency, partnership or joint venture between the parties.
Governing Law and Jurisdiction
These Terms and Conditions are governed by the laws in New South Wales, Australia and You irrevocably submit to the jurisdiction of its Courts and its Appellate Courts and the jurisdiction of the Federal Court of Australia sitting in New South Wales.
Definitions
XPOSE COACHING & CONSULTING means XPOSE COACHING & CONSULTING (ABN 13 414 467 606), including its directors, employees and agents.
Program and/or Coaching program means the entirety of coaching sessions selected by You as a new customer of Ours, from the date of these Terms and Conditions.
Intellectual Property Rights means statutory and other proprietary rights in respect of trade marks, patents, copyrights, confidential information, know-how and all other rights with respect of intellectual property as defined in Article 2 of the Convention Establishing the World Intellectual Property Organisation of July 1976.
Fees means the fees charged and/or payable by You to Us for the Services.
Parties means the parties to these Terms and Conditions, their respective successors and permitted assigns, and Party means either one of them as the context permits.
Media means media platforms We use, such as Facebook and other social media platforms.
Services means the service provided by XPOSE COACHING & CONSULTING, including but not limited to all materials and information on the Platform.
Terms and Conditions means these Terms and Conditions as amended from time to time and displayed on the Website.
Us, We, Our, I or Coach refers to XPOSE COACHING & CONSULTING.
Website means www.xposeco.com and the Platform and includes any subsidiary pages from those sites.
You, Your or Client refers to You, the person accessing the Website and/or the Services.
If you have any questions or concerns regarding our privacy policy please direct them to: eleni@xposeco.com
Copyright © 2024 XPOSE COACHING & CONSULTING - All Rights Reserved.
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