Coaching Agreement (‘Agreement’)
This Agreement is made between:
("Client”, “You”), and
Noelene Brown of Rural Sobriety (ABN 92 571 886 040)
at PO Box 178, Ballarat North, VIC (“Coach”, “We”)
PURPOSE OF THIS AGREEMENT
- The purpose of this document is to formalise agreement for the 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 general health, techniques, procedures and personal information.
- “Services” means the services described in Item 1 of the Schedule.
- “Materials” means online course, digital, literature, written documents, questionnaires, email content, or other material from time to time which may be required to assist and enable the Services to be performed.
- “Program” means the Program in Item 2 of the Schedule and includes support recommendations, tools, goals, email and video sessions and other relevant materials to assist Client.
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 provide suggestions to help you to manage situations you may be dealing with.
- 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 work out various situations.
As the Client in this coaching relationship, you agree to:
- Try to cultivate an honest, self-aware relationship with yourself.
- Commit to goals that will help you, are truly meaningful and significant to you and that we agree will help you with your progress and a better 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.
- 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.
- 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 telephone, email, via web-based means (such as Kajabi, Circle, Zoom, Telehealth, Voxer or similar) or as otherwise agreed in the Schedule. The Client is responsible for ensuring they have the appropriate facilities available as agreed.
- 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 order to receive the full benefit of the Program and experience results, we recommend that Clients complete the full term of the Program.
- Group Sessions: we may offer group sessions or programs involving group forums, online community and discussions (‘Group Sessions’).
- By signing up for and participating in these Group Sessions, you agree to be bound by the Online Community and Group Forum Rules in Schedule 2 to this Agreement;
- In the event we do not have the minimum number of participants required for any Group Program, we will advise you and provide a full refund.
- Cancellation or Rescheduling:
- In the event that a Client is unable to attend or wishes to reschedule their previously arranged private coaching 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 prior to this twenty four (24) hour requirement will be forfeited. Only two calls or sessions may be rescheduled during any single Program.
- In the event a Client attends a session while under the influence of any alcohol or substance or the Coach otherwise believes or has reason to believe, in their sole discretion, that the Client is under the influence of any alcohol or substance, the Coach can elect to cancel the session and it will be considered a forfeited session for the Client and cannot be rescheduled. No other sessions will be arranged until and unless the Client confirms they will be in an appropriate mental and physical state.
- Group Sessions: any group session you may miss may not be rescheduled.
- 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.
- When you create an account with us you must provide us with information that is accurate, complete and current at all times. Failure to do so constitutes a breach of the Terms, which may result in the immediate termination of your account on our Service.
- You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
- You are responsible for maintaining your own confidentiality. It is your responsibility to change your user name within the Online Community if you do not wish to use your own name.
- You agree not to disclose your password to any third party. You agree to be fully responsible for activities that relate to your account or your password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
- You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
- 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;
- 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 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 technique or taking any course of action that may directly or indirectly affect their health or well-being.
- 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.
TERM AND OWNERSHIP OF INTELLECTUAL PROPERTY
- Program Term:
This Agreement is for the period set out in Item 2 of the Schedule.
The confidentiality provisions survive the termination of this Agreement and remain until the Confidential Information becomes part of the public domain.
- 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 is 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 time All materials are either the copyright of the Coach or licensed to the Coach for the purpose of the Services. 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.
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.
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.
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 invoiced 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 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.
- 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.
In the event the Client has chosen payments to be made on a recurring basis, the Client hereby authorizes such payments to be automatically deducted by the Coach until the Client cancels the membership by providing notice in writing at least 48 hours prior to the expiry of the current term.
- Default: Failure to make a required payment when due under this Agreement shall constitute a material default under this Agreement.
- 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.
- Refunds: We offer a full refund prior to commencement of the Program and provided no content, materials or sessions have started (“Cooling Off Period”). After this Cooling Off Period, and within the first 7 days of the commencement of the Program, we offer a refund of the amount paid less an administration fee equal to 50% of the cost of the Program to cover time incurred and materials provided. We require your refund request in writing with a reason for your refund request within the 7 day period from the date of commencement of the Program. We will then process your refund less the administration fee within 10 business days.
Whilst we at all times abide by Australian Consumer Law in relation to our services and refunds, any other refund at any time is in our sole discretion.
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.
- Confidentiality survives and continues in the event of any dispute or termination and, in any event, after the delivery of the Services.
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 or other personal and well-being management discussions. The Services and information should not replace discussions with qualified suitable healthcare professionals where relevant to their condition and should not be used to diagnose or replace any professional treatment or management of any particular existing condition. All decisions about any treatment and management of any condition must be made with a relevant healthcare professional and 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 is at all times responsible for their own physical health and emotional well-being. The Coach recommends that any pre-existing condition be treated by a suitable medical professional and that any information provided by the Services is not to be relied on in substitution.
- The Client agrees to advise the Coach of any pre-existing medical, physical or other conditions which may directly or indirectly affect or impact the Services or of which the Coach may need to be aware.
- All our information on both the website, in consultations or in any of our programs, is intended to assist you and does not in any way, nor is it intended to, substitute professional, medical, financial or legal advice. Results are not guaranteed and Rural Sobriety takes no responsibility for your actions, choices or decisions.
- In any case, the Coach’s liability is limited at all times to amount of the last invoice fees paid by the Client.
This Agreement is governed by the laws from time to time in force in the state of Victoria, Australia. Both parties agree to unconditionally submit to the non-exclusive jurisdiction of the Courts of Victoria for determining any dispute concerning this Agreement.
Rural Sobriety Programs include coaching, guidance and mentoring relating to the management and/or elimination of drinking alcohol. These services may include daily or weekly email and video support, lifestyle tools and recommendations, resources, guidance and provision of techniques and tactics to help manage and maintain mental health and wellbeing.
SCHEDULE 2: Program and Term
Rural Sobriety Private Coaching Program consists of coaching sessions delivered using Kajabi, Circle, Zoom, Telehealth or by phone or any other means as agreed in advance. The 12 Session Program commences on acceptance by the Coach, and payment of agreed fee as shown on our website at the time of purchase and includes:
1 x 60 minute private coaching session within 7 days of the commencement of the Program
11 x 60 minute private coaching sessions at weekly intervals thereafter or otherwise agreed
After completing the Program, you will be given the opportunity to extend the coaching program for an agreed period, at an agreed rate.
Rural Sobriety Quit Drinking Program consists of self-paced lessons and modules, and may include an Online Community, delivered using Kajabi, Circle, Zoom, Telehealth or by phone or any other means as agreed in advance.
The 12 week program commences on acceptance by the Coach, and payment of the agreed fee as shown on our website at the time of purchase. If you choose to pay by instalments, the membership will automatically renew at regular intervals until such time as the program fee has been paid in full.
Reviewed 16 Jan, 2024