This Agreement is made between “Coach”, Kate Wilkinson and you, the “Coachee”.
Terms
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 (“Sole Trader”), and you are entering into a legally binding agreement with the Sole Trader, subject to the following terms and conditions:
I’m so grateful for your interest in working together in this Mastermind Coaching Program. Please read through the following information carefully. The purpose of this Agreement is to create absolute clarity around how we will work together and what our respective roles are so that our time together will be a safe, positive, and comfortable space.
This Agreement is being made between Kate Wilkinson (“Coach”), you (“Client”).
Upon execution of this Agreement, electronically, verbally, or otherwise, the Coach agrees to provide services in accordance with the Unleashed Mastermind (“Program/Course”).
The scope of services rendered by the Coach pursuant to this contract shall be solely limited to those contained therein and/or provided for on Coach’s Website, learning hub and the private Unleashed Mastermind Community Slack channel as part of the Program.
Coach reserves the right to substitute services equal to or comparable to the Program for Client if reasonably required by the prevailing circumstances.
Client agrees to be open, present and prepared to complete the work. Client is responsible for his/her/their own success and implementation of objectives met.
Coach reserves the right to remove Client from Program at any time for any reason.
The Program includes the following:
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.
Upon completion of Program, client will be given an opportunity to continue their coaching package at an agreed-upon rate. Client and Coach agree to provide each other with fourteen-day notice in the event either wishes to cancel services.
Upon execution of this Agreement, Client agrees to pay to the Coach the purchase amount of $6,600 AUD Upfront (incl GST) or a $500 deposit followed by $770 AUD (incl GST) per month for 8 months.
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.
If Client selects a payment plan option, Client agrees to pay all fees to the Coach according to the payment schedule set forth inside this Agreement, or otherwise provided to Client, and the payment plan selected by Client (the “Fee”).
In the event Client fails to make any of the payments within a payment plan during the time prescribed, Company has the right to immediately disallow participation by Client until payment is paid in full, including disallowing access to modules, materials, and coaching calls. If Client has not paid within fourteen (14) days, Company has the right to terminate the agreement.
All of the personal information that Client provides as part of the payment process may be collected by both Coach and Coach’s third-party payment processing providers. This includes, but is not limited to, name, email address, billing information, and credit card number. Please read Coach’s Privacy Policy with respect to how Coach handles Client’s personal information: https://katewilkinsoncreative.com/privacy-policy
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, the Coaching Program will be put on hold.
Coach has the right to immediately disallow participation by Client until payment is paid in full, including disallowing access to modules, materials, and coaching calls. 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 30 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.
Upon signing up for this Program, please note that Coach does not provide refunds if you change your mind or are unable to participate in the Program for any reason.
Because Coach will have invested considerable time and effort in your Program, if you decide to withdraw from the Coaching Program for any reason whatsoever, you still will remain fully responsible for the full cost of the Program (including all remaining monthly instalments). No refund will be provided.
Coach does not tolerate or accept any type of chargeback from your credit card company.
Showing up for the Group and 1:1 Coaching Calls and interacting with the Mastermind Community are integral to getting the most out of this experience and are indicative of your commitment to yourself, your business and your growth.
Should you need to cancel or reschedule your 1:1 Coaching Calls for any reason, you can do this via your hub inside our CRM, Satori.
Cancellations or rescheduling of 1:1 Coaching Calls with less than 24 hours’ notice may be forfeited. If a true emergency occurs, please email support@katewilkinsoncreative.com immediately, and at my sole discretion, I will determine whether your call may be rescheduled; otherwise, it is forfeited.
Throughout the working relationship, the Coach will engage in direct and personal conversations. Client can count on the Coach to be honest and straightforward in asking questions and making requests. Client agrees to be open-minded to Coach’s methods and partake in services as proposed.
Client understands that Coach has made no guarantees as to the outcome of the coaching sessions or Program. Coach may revise methods or parts of the coaching container based on the needs of Client.
Client understands that the power of the coaching relationship can be granted only by the client, and Client agrees to do just that: have the coaching relationship be powerful and impactful. If Client believes the coaching is not working as desired, Client will communicate that belief and take action to return the power to the coaching relationship.
Client acknowledges that group coaching sessions and/or group calls 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 sold by the Coach.
Coach and Client will discuss Client’s business and financial goals and other personal information, and other private information. Coach agrees not to voluntarily disclose said information to any third party without Client’s written authorization or as required by law.
Client agrees not to disclose any proprietary information Client will receive from the 1:1 coaching services, including, but not limited to, coaching materials and coaching methods, both during and after the termination of the coaching services.
Coaching is a process that requires commitments among the Client and Coach to provide a safe environment for support, mutual accountability, and collective wisdom.
Client agrees that all information shared in coaching sessions is confidential and Client will keep the confidentiality of all coaching participants.
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. Unauthorized 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 Coaching services are intended to provide information and education to assist Client in attaining Client’s goals.
Client understands and agrees that Client’s success depends entirely on Client’s business experience, motivation, and individual capacity. There are no guarantees of any kind as to Client’s earnings and income.
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.
Client and Coach may terminate this Agreement at any time with 2 working days’ written notice to the other. Please note that Coach reserves the right to terminate this Agreement should Client repeatedly miss payments. When Coach’s services terminate, the remaining balance of all unpaid charges pertaining to the Package price will immediately become due and payable.
All terms of this Agreement, including all Investment, Refund Policy, and Intellectual Property terms as written above, will still apply even after termination by either of us.
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 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 from 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.
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 business 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.
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.