Kate Wilkinson Creative (“Coach”), and you (“Client”), sometimes referred to jointly as the “Parties” or separately as “Party,” enter into this Group Coaching Agreement (“Agreement”) in order to memorialize terms that will govern any and all group coaching services Coach may perform for Client during its term.
- Services and Scope of Coaching: The group coaching services to be performed by Coach will consist of group coaching services (“Business Freedom Squad”) via Zoom video conferencing.
- Term: The term of this Agreement will commence on the date it is fully executed, effective as of Tuesday 12th January 2021 AWST, and will continue for 6 consecutive weeks.
- Payment Schedule: Payment for the coaching services may be paid in 1 x payment of $2,800 AUD or 4 x monthly payments of $750 AUD, with the first instalment due before 31st December 2020.
Client may pay for services rendered by credit card using Stripe or PayPal.
Client 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.
- Late Payments: If Coach has not received payment in full from Client within 7 days after the date of the invoice, interest will be charged on the invoice balance. Interest will be calculated by multiplying the unpaid balance by the periodic rate of 0.8333% per month (10% per year). Your unpaid balance is determined by taking the beginning balance of your account, adding any new charges and subtracting any payments made, and multiplying the figure by 0.8333% to compute the late charge for your account that month. The unpaid balance will bear interest until paid. 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.
- Refund Policy:
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.
- Conditions: This Agreement will not take effect, and Coach will have no obligation to provide group coaching services, until Client returns a signed copy of this Agreement and pays the initial deposit amount.
- Client’s Duties: Client agrees to abide by this Agreement and to pay Coach’s invoices on time.
- Mutual Nondisclosure: 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 group coaching services, including, but not limited to, coaching materials and coaching methods, both during and after the termination of the coaching services.
- Confidentiality: Group coaching is a process that requires commitments among the group members to provide a safe environment for support, mutual accountability, and collective wisdom.
Client agrees that all information shared in group coaching is confidential and Client will keep the confidentiality of all group coaching participants.
- Intellectual Property Protection and Personal Use: Client understands and agrees that the group 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 group coaching materials solely for Client’s personal, non-commercial use.
Any other use of the group 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 group 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.
- Legal and Financial Disclaimer: 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.
- Earnings Disclaimer: Client understands and agrees that the group 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.
- Medical Disclaimer: Client understands and agrees that the group 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.
- Assignment: 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.
- Notices: 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.
- Termination: Client and Coach may terminate this Agreement at any time with 14 calendar days written notice. When Coach’s services terminate, all unpaid charges will immediately become due and payable.
- Force Majeure:
(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 labor 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.
- Entire Agreement: 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.
- Modifying the Agreement: This Agreement may be amended only in a writing signed by both Parties.
- Indemnification: 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 GROUP 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 GROUP 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.
- Severability in Event of Partial Invalidity: 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.
- Waivers: No failure to exercise and no delay in exercising any right, remedy, or power under this Agreement shall operate as a waiver thereof.
- Dispute Resolution:
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.
- Counterparts and Right:
(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 on acceptance 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.