This Agreement is made between “Coach”, Kate Wilkinson and you, the “Coachee”.
By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with products, programs, or services by Kate Wilkinson (“Coach”), acting on behalf of Kate Wilkinson Creative PTY LTD (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms and conditions:
The Group Coaching container will be 6 months in length.
The services to be provided by the coach to the client are coaching or tele-coaching, as designed jointly with the client. Coaching, which is not advice, therapy or counselling, may address specific personal projects, business successes, or general conditions in the client’s life or profession.
Payment for the coaching services may be paid in 1 x payment of $6,000 AUD, or 8 x monthly payments of $822 AUD.
Client may pay for services rendered by credit card using Stripe or PayPal and understands and agrees that Client is financially responsible for all payments.
Coach’s third-party payment processing providers may have privacy policies and terms and conditions that differ from Coach’s. Coach has no liability or responsibility for the independent policies of Coach’s third-party payment processing providers. Client is encouraged to read the independent policies contained on the third-party payment processing providers’ websites.
Client understands and releases Coach from liability for any damage or loss caused by Client’s payment or by Client’s dealings with Coach’s third-party payment processing providers.
In the event that Coach has not received payment, you will be notified via email with a 72-hour grace period. If payment has not been received, access to the Coaching Program will be put on hold. If no payment is made within 5 business days, the Coaching Program will be automatically terminated and no refund will be provided.
If Client has not paid an invoice for more than 90 days, Coach may refer collection of the unpaid amount to an attorney or collections agency. If Client’s unpaid invoices are referred to an attorney or collections agency, Client shall pay all reasonable attorney’s fees or collections agency fees.
Due to the extensive time and effort that goes into the Program, there is no refund policy. Coach does not tolerate or accept any type of chargeback from your credit card company.
This Agreement will not take effect, and Coach will have no obligation to provide Coaching services until Client returns a signed copy of this Agreement and pays the initial deposit amount.
Client agrees to abide by this Agreement and to pay Coach’s invoices on time.
Client agrees to abide by this Agreement and to pay Coach’s invoices on time.
Client agrees to be prepared to complete the work and implement the strategies taught. Client acknowledges that they are responsible for their own success. Client acknowledges that showing up to the Coaching Calls is an important and powerful commitment, as it shows a dedication to yourself, your business and your growth.
Coach reserves the right to remove Client from Program at any time for any reason.
The Group Program is intended to provide information and education to assist Client in attaining their goals, however, an individual’s success depends entirely on Client’s business experience, motivation, and individual capacity.
Tough Coach has made every effort to provide Client with the knowledge and tools to meet these goals, these are educated estimates of your potential earnings and income.
Client enters the program with the understanding that Coach has makes no guarantees as to the outcome of the coaching sessions or Group Program.
Coach may choose to change strategies or the structure of the Program in order to best meet the needs of the Clients.
Client acknowledges that Group Coaching calls and video conferences may be recorded.
Client also acknowledges that the recordings may be redistributed and/or resold at a later date as part of a separate package or co-hort sold by the Coach.
Coach may capture video, audio or photographs throughout the Group Program. These may be used for future commercial or non-commercial purposes. Client agrees and understands that by participating in the Program, Client is consenting to being recorded and photographed and to the use of Client’s likeness, writing, and voice in any media in perpetuity by Coach for whatever purpose as Coach sees fit. Client agrees that Coach may use any written statements, images, audio recordings or video recordings of Client obtained while enrolled in the Course. This includes any content Client may publish to social media accounts and online forums as well as any statements, images or recordings, captured about Customer’s participation in the Course.
Client waives any right to payment, royalties or any other consideration for Coach’s use of such written statements, images, audio recordings and video recordings and Client waives the right to inspect or approve the finished product used by Coach. Coach is hereby held harmless and released and forever discharged from all claims, demands, and causes of action which Client, their heirs, representatives, executors, administrators, or any other persons acting on Client’s behalf or on behalf of the Client estates have or may have by reason of this authorization.
Coach and Client will discuss Client’s business and financial goals and other private information within the group calls. Coach agrees not to voluntarily disclose said information to any external party without Client’s written authorization or as required by law.
Client agrees not to disclose any proprietary information Client will receive from the group coaching services, including, but not limited to, coaching materials and coaching methods, both during and after the termination of the coaching services.
Client understands and agrees that the 1:1 coaching materials, including, but not limited to, documents, videos, photos, graphics, designs, and other files, are the proprietary property of Coach and are protected by Australian intellectual property rights.
Client is granted a single non-transferable license to download, view, copy, and/or print the coaching materials solely for Client’s personal, non-commercial use.
Any other use of the coaching materials in, including, but not limited to, for any commercial use, copying, republication, distribution, transfer, performance, display, or reproduction other than as indicated above, is strictly prohibited.
Client agrees not to use the coaching materials in any manner that constitutes an infringement of Coach’s intellectual property rights. Unauthorised use constitutes theft and Coach reserves the right to prosecute theft to the fullest extent of the law.
Client understands and agrees that the coaching services are not to be used in lieu of advice from a licensed attorney, accountant, psychologist and/or financial advisor. The information provided is not business, financial, or legal advice. Client is advised to consult with an attorney, accountant, and/or financial advisor in Client’s area who understands Client’s particular personal, business, and/or financial situation so that Client can take the right steps for Client and Client’s business or situation.
Client understands and agrees that the 1:1 coaching services are not intended as medical, psychological, or psychiatric advice and are not intended to provide diagnosis, treatment, prevention, cure or guarantee.
The information provided is not a substitute for professional medical, psychological, or psychiatric advice, diagnosis, or treatment for Client’s individual condition and circumstance.
Neither Coach nor the Client may assign the rights or obligations set forth in this Agreement without the written consent of the other, which consent shall not be unreasonably withheld.
Any notice required or desired to be given pursuant to this Agreement shall be deemed to have been given when (a) personally served, or (b) sent by e-mail to the address set forth below the signature of the person to whom notice is sought to be given.
Your Group Coaching container includes one 45-minute, 1:1 Coaching call with Kate. Should you need to cancel or reschedule this call for any reason, please provide a minimum of 24 hours notice via e-mail to firstname.lastname@example.org.
Cancellations or rescheduling of Coaching Calls with less than 24 hours notice may be forfeited.
If a true emergency occurs, please email me immediately, and at my sole discretion, I will determine whether your call may be rescheduled; otherwise, it is forfeited.
(a) Neither Party shall be liable in damages, nor shall be subject to termination of this Agreement by the other Party, for any delay or default in performing any nonmonetary obligation hereunder if that delay or default is due to any cause beyond the reasonable control and without fault or negligence of that Party; provided that, in order to excuse its delay or default hereunder, a Party shall notify the other of the occurrence or the cause, specifying the nature and particulars thereof and the expected duration thereof; and provided, further, that within 15 calendar days after the termination of such occurrence or cause, such Party shall give notice to the other Party specifying the date of termination thereof. All obligations of both Parties shall return to being in full force and effect on the termination of such occurrence or cause (including without limitation any payments that became due and payable hereunder prior to the termination of such occurrence or cause). If such event continues for more than thirty (30) days, either Party may terminate this Agreement.
This Section does not excuse either Party’s obligation to take reasonable steps to follow its normal disaster recovery procedures or Client’s obligation to pay for services rendered.
(b) For the purposes of this Section, a “cause beyond the reasonable control” of a Party shall include, without limiting the generality of the phrase, any act of God, act of any government or other authority or statutory undertaking including any law, order, proclamation, regulation, ordinance, or demand, natural disaster, fire, explosion, flood, earthquake, accident, electrical, internet, or telecommunication outage that is not caused by the Party, epidemic, pandemic, strikes or other organized labour action, riot, insurrection, terrorism, or war (declared or undeclared), or other events of a magnitude or type for which precautions are not generally taken in the industry.
This Agreement expresses the full and complete understanding of the Parties with respect to the subject matter hereof and supersedes all prior or contemporaneous proposals, agreements, representations and understandings, whether written or oral, with respect to the subject matter hereof.
This Agreement may be amended only in a writing signed by both Parties.
Client shall indemnify and hold Coach harmless from any and all loss or liability arising from performing services under this Agreement. Client agrees at all times to defend, hold harmless, and indemnify Coach from any cause of action, lawsuits, judgments, including attorney’s fees and costs, arising from Client’s use of the coaching services and information provided on or in Coach’s website, programs, and/or services.
THE COACHING SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.
CLIENT AGREES THAT COACH IS NOT LIABLE TO CLIENT OR OTHERS IN ANY WAY FOR DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO COACH’S 1:1 COACHING SERVICES OR ANY INFORMATION PROVIDED ON OR IN COACH’S WEBSITE, PROGRAMS, AND/OR SERVICES, INCLUDING, BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, CONSEQUENTIAL, AND/OR SPECIAL DAMAGES.
COACH’S CUMULATIVE LIABILITY FOR ANY LOSS OR DAMAGE TO YOU OR OTHERS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED $200 (AUD).
Coach expressly excludes any liability to the fullest extent of the law.
Should Coach be required to defend herself in any action directly or indirectly involving Client, Client agrees to provide any documents, testimony, evidence, or other information Coach deems useful to her free of charge.
If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect.
No failure to exercise and no delay in exercising any right, remedy, or power under this Agreement shall operate as a waiver thereof.
This Agreement will be governed by and interpreted in accordance with the laws of the State of Western Australia, without regard to conflict of laws principles, and all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the laws of Western Australia, excluding that State’s conflict of laws principles.
The Parties hereby irrevocably consent to the jurisdiction of the state and federal courts located in Western Australia, Australia in any action arising out of or relating to this Agreement. By signing this Agreement, both Parties submit to the exclusive jurisdiction and venue of these courts and waive any defence of forum non-conveniens.
(a) This Agreement shall be construed as to its fair meaning and not strictly for or against either Party.
(b) The headings hereof are descriptive only and are not to be construed in interpreting the provisions hereof.
(a) This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same original. If this Agreement is signed in counterparts, no signatory hereto shall be bound until both Parties named below have duly executed, or caused to be duly executed, a counterpart of this Agreement.
(b) The person signing on behalf of each Party represents that he or she has the right and power to execute this Agreement.
The Parties have executed this Agreement as of the date the first payment is received by Coach.
THE PARTIES HAVE READ AND UNDERSTOOD THE FOREGOING TERMS AND AGREE TO THEM. CLIENT SHALL RECEIVE A FULLY EXECUTED DUPLICATE OF THIS AGREEMENT.
I understand that I am working with Kate Wilkinson for professional life coaching at the agreed fee. Professional coaching is distinctly different from counselling, psychotherapy or psychoanalysis and does not deal with the diagnosis or treatment of emotional problems. Since professional coaching does not constitute medical consultation or treatment, health insurance does not apply. These fees may be considered deductible business expenses.