TERM
This agreement commences on the date that it is accepted by you and will remain in force for the Initial Term, unless
extended by agreement or terminated earlier. The parties commit to a review of this arrangement at the end of the
Initial Term.
3. SERVICES
The specific services we will provide to you under the current engagement are set out in our accompanying this
Agreement.
If we have discussed a service previously but you don’t see it included in the Proposal, please raise this with us, as
the scope of our engagement will be limited to the documented Proposal. These terms will apply to future Proposals
unless we provide updated terms to you.
Coaching sessions and content will vary greatly depending on your personal needs, goals, desired outcomes,
priorities, budget and other factors. Typical areas and tasks we may perform include, but are not limited to:
Goal Setting
Systems
Planning (excluding any financial & legal advice)
Productivity
Problem Solving
Our group coaching is predominantly delivered virtually, via Phone, Video Conference (ie Skype, Zoom) or other
suitable method, as discussed with you.
Workshops are provided via webinar, as discussed and agreed with you. Session dates and times will be scheduled
when we start working together via online booking system or via phone with confirmations via email, depending on
requirements; circumstances.
CLIENT RESPONSIBILITIES
We ask that you do the following:
Commit to using the knowledge from the Services provided with absolute integrity.
Acknowledge you are responsible for your actions and resulting outcomes.
Complete any onboarding forms requested by us in a timely manner.
INVESTMENT
In consideration for the provision of the Services, you agree to pay us the Fees set out in the agreement schedule.
TRAVEL EXPENSES
No travel expenses applicable within this agreement
PAYMENT TERMS
You agree to pay the Fees in advance via Stripe in accordance with the Payment Terms set out in the invoice and in
such manner as reasonably directed by us.
If you fail to pay the Fees as set out in this clause will result in the booking being cancelled immediately.
CANCELLATION AND REFUND POLICY
Not permitted for group programs
Nothing in this clause is intended to exclude any right or guarantee to which you are entitled under the Australian
Consumer Law.
INDEMNITY
You indemnify us in respect of any loss or damage suffered by us (including loss or damage to equipment or
personnel due to theft, injury or accident) due to any action or omission of you or any participant in any workshop
delivered pursuant to this agreement.
This clause survives termination of this agreement.
INTELLECTUAL PROPERTY
We may use the intellectual property of other persons in providing the Services, whether under licence or other
authorisation or permission of the intellectual property owner. We acknowledge the intellectual property of others as
appropriate and as required by law.
We own the intellectual property in all coaching and training materials and the material on our website and grant no
licence with respect to our intellectual property. It is retained for our exclusive use.
All intellectual property created by you during any appointment is retained by you and is not owned or retained by us.
You are not permitted to make any audio-visual recording of any Services (including still photography) without our
express permission, which may be subject to further agreement and fees.
VARIATIONS
Any variations to this agreement may only be made in writing signed by both parties. Any variations requested by you,
including variations to scope, date and time of the Services may be refused by us or permitted at extra charge (see
also our Cancellation and Refund Policy above).
CONFIDENTIALITY
It’s likely that while we’re working together, we may disclose Confidential Information to each other. We each
undertake to keep such Confidential Information private (except as authorised by the other party or as required by
law) and take reasonable measures to protect its confidentiality. This clause survives termination of this agreement.
TESTIMONIALS
If you provide us with a testimonial (in writing or verbally, such as in a session), you agree that we may share your
testimonial to promote our Services. We will anonymise the testimonial, unless we have your express consent to
share your name and/or photograph (unless you have provided a testimonial on a public platform, such as Facebook,
in which case you consent to us sharing the content of your testimonial, including your Facebook profile name and picture).
ADVICE AND INFORMATION
Please note that we provide coaching, mentoring & general information only. Our Services should not be taken as, or substituted for, professional financial, legal, taxation or medical advice. We recommend you seek out personalised advice in these areas according to your needs.
GUARANTEES
You may be entitled to guarantees in relation to our Services pursuant to the Australian Consumer Law. Other than
those guarantees, we specifically exclude any other guarantee in relation to our Services.
Coaching and mindset work can help to develop long term growth and success. However, please note that individual
results will vary - much depends on you, as you are ultimately and solely responsible for your actions and results.
We do not warrant or guarantee specific outcomes. While we may discuss strategic goals with you, we do not warrant
or guarantee that such goals will be achieved. Any indications given are examples and are based on experience.
These must not be relied on to predict future results. You agree that you have not relied on any warranty, guarantee or
representation given by us in entering into this agreement.
Failure to achieve results alone will not give rise to a right to terminate this agreement.
LIMITATION OF LIABILITY
Nothing in this agreement is intended to exclude any right or guarantee to which you are entitled under the Australian
Consumer Law.
Where our Services fall within the scope of the Australian Consumer Law, we limit our liability to you to the fullest
extent permissible by law, including by limiting our liability under section 64A of the Australian Consumer Law to
providing the Services again or paying for the Services to be provided again. We specifically exclude liability for
negligence. To the maximum extent permissible by law, we exclude liability for consequential loss or damage,
including loss of business profits.
Otherwise, we exclude all liability to you (including for negligence and consequential loss or damage, including loss of business profits) and you hereby waive, release and discharge, on a continuing basis, all claims you have or may have against us relating to the provision of the Services, however arising.
DISPUTE RESOLUTION
If a dispute arises between us, we each agree that the party claiming the dispute must not commence any court or
arbitration proceedings (except where they seek urgent interlocutory relief), unless they have first complied with this
clause.
The party claiming the dispute must first inform the other party in writing of the following:
the nature of the dispute;
the outcome they desire to resolve the dispute, and
the action they believe will settle the dispute.
On receipt of the notice by the other party, both parties will make every effort to resolve the dispute by mutual
negotiation within 20 Business Days.
If the parties are unable to resolve the dispute in that time, the parties must agree on selection of a mediator (if the
parties are unable to agree, they agree to request that the President of the Law Society of Queensland appoint a
mediator) and will be equally liable for the fees and reasonable expenses of the mediator and the cost of the venue of
the mediation (to be paid in advance). The parties must each pay their own costs associated with the mediation, which must be held in Brisbane, Queensland, Australia unless the parties and the mediator agree that the location is inconvenient and are unable to agree on a suitable alternative location, in which case the parties may agree to
participate in online mediation.
All communications made by the parties arising out of this dispute resolution clause are confidential and to the
maximum extent possible, must be treated as without prejudice negotiations for the purpose of applicable laws of
evidence.
This clause survives termination of this agreement.
GENERAL
Time is of the essence in this agreement. No extension or variation of this agreement will operate as a waiver
of this provision.
We won’t voluntarily assign or otherwise transfer our obligations under this agreement without your prior
consent, however, we may sub-contract one or more aspects of the Services, provided always that we will
remain the head contractor and will be responsible for the delivery of the Services in accordance with this
agreement.
This agreement is the entire agreement and understanding between the parties on everything connected with
the Services, and supersedes any prior understanding, arrangement, representation or agreements between
the parties as to the Services.
If anything in this agreement is unenforceable, illegal or void, it is severed, and the rest of the agreement
remains in force.
Any waiver by any party to a breach of this agreement will not be deemed to be a waiver of a subsequent
breach of the same or of a different kind.
Neither party will be liable to the other party for any loss caused by any failure to observe the terms and
conditions of this agreement, where such failure is occasioned by causes beyond its reasonable control
including, but not limited to, by fire, flood, riot, strike, war, restrictions and prohibitions or any other actions by
any government or semi government authorities, or major injury or illness of key personnel.
The law of Queensland governs this agreement and the parties submit to the non-exclusive jurisdiction of the
courts of Queensland.
A notice or other communication to a party must be in writing and delivered to that party in one of the following
ways:
delivered personally;
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.
DEFINITIONS
In this agreement:
Agreement means this agreement between us and the Client.
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Business Day means a day on which banks are open for business in Brisbane, other than a Saturday,
Sunday or public holiday.
Confidential Information refers to any data or information relating to us or the Client, whether business or
personal, written or oral and regardless of how or when it was provided to the other party, which would
reasonably be considered to be private or proprietary to the disclosing party and that is not generally known
and where the release of that Confidential Information could reasonably be expected to cause harm to us or
the Client, and includes the terms of this agreement (except to the extent that disclosure of the terms is
necessary for the purpose of legal or financial advice).
Initial Term means a period of 1 x 90 minute session commencing on your acceptance of these terms;
Intellectual Property means all intellectual property rights of any kind, in any jurisdiction, subsisting now or in
the future (including, without limitation, business, company or trade names, domain names, patents, inventions, copyright, design rights, know-how, trade marks, the right to sue for passing off and rights to use,
and protect the confidentiality of, confidential information), whether registered or unregistered, and including
the rights to apply for or renew the registration of any such rights and any rights the subject of any lapsed
application or registration, as well as all digital and electronic rights.
Nominated Account means our account with details as stated in our invoice.
Services means the services set out in our Proposal.
INTERPRETATION
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, references to documents or agreements also mean those documents or
agreements as changed, novated or replaced, and words denoting one gender include all genders;
Headings are inserted for the convenience of the parties only and are not to be considered when interpreting
this agreement;
Grammatical forms of defined words or phrases have corresponding meanings;
Parties must perform their obligations on the dates and times fixed by reference to Brisbane, Queensland,
Australia;
Reference to an amount of money is a reference to the amount in the lawful currency of the Commonwealth of
Australia;
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 executors, administrators and permitted transferees; and
Obligations under this agreement affecting more than one party bind them jointly and each of them severally.
ACCEPTANCE
You will be taken to have accepted the offer contained in this agreement on the happening of:
Receipt by me of your signed copy of the agreement;
Receipt by me of your written or verbal acceptance of the terms of the agreement;
Receipt by me of your payment after you have received a copy of this agreement; or
Receipt by me of your written or verbal instructions to provide the Services after you have received a copy of
this agreement, whichever occurs first.