Mandie Kai of Soul Strategies (the ‘Coach, ‘I’ or ‘me’) looks forward to working with you Laine Tracey (also referred to as the ‘Client’ or ‘you’ in this agreement) as your coach and accelerating your ability to be more successful and have more of what you desire in your life. As your coach, I want to help you grow and achieve your goals. Our coaching relationship is led by your agenda and initiative and I will support you to identify solutions and make the choices about what actions to take to get the results you want.
1. PURPOSE OF THIS AGREEMENT:
The purpose of this arrangement and agreement is to establish a clear foundation for working together. These guidelines form the basis for our working relationship and try to ensure they are as clear and productive as possible. This Agreement and terms (together ‘the Terms’) include important details and understanding of us both for the Services listed in the Schedule.
“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 business structures, methods, procedures and personal information.
“Services” means the services described in Item 1 of the Schedule.
“Materials” means newsletters, reports, advertising, audio promotional, literature, written documents, questionnaires, videos, specifications or other material which may be required to assist and enable the Services to be performed.
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 help you to bring out the best in you.
- 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 accomplish your goals.
As the Client in this coaching relationship, you agree to:
- Try to cultivate an honest, self-aware relationship with yourself.
- Commit to goals that are truly meaningful and significant to you.
- 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.
- Acknowledge and take ownership for your progress and accomplishments.
2.1 The Client appoints the Coach for the Services we have specified in the Schedule to this Agreement. You accept the Services and agree to these Terms when you instruct the Coach to proceed, by making a payment, or by confirming acceptance via email or other written means.
2.2 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 aligned with accepted industry practice and standards.
2.3 Services may be provided face-to-face or via web-based means (such as Zoom, Skype or similar) or as otherwise agreed in the Schedule.
2.4 Email assistance for short questions, feedback on actions or to review minor issues is also included as part of the Services. Email support will be available during normal business hours from Monday to Friday and will be responded to within 24 hours. You will be notified of any change to this timing or availability prior.
2.5 All sessions or Services are non-transferrable. The Coach reserves the right to substitute services equal to or comparable services to you, if the need arises.
2.6 This Agreement is for the period set out in Item 2 of the Schedule. All Services must be provided between the Commencement Date and the Final Date as set out and agreed in the Schedule.
2.7 In the event you choose to continue or engage us for additional Services after the Completion Date, you agree they are provided on the same terms as this Agreement. ((i.e. you don’t need to sign this lengthy document ever again!).
- 3. PAYMENTS
3.1 The fee for the services to be provided by the Coach to you under this Agreement is detailed in the Schedule. This fee is payable in advance and due prior to the start of your coaching program.
3.5 Unless otherwise required by applicable law, the Coach will not provide refunds. Refunds are granted in limited circumstances and at the sole discretion of the Coach.
3.6 Both parties agree to be punctual for sessions so we can make the most of our time together. Both parties will endeavour not to cancel or reschedule out of respect for each other's schedules, however if the need arises, the parties must provide at least 24 hours notice for any need to reschedule.
3.8 Any sessions that are not notified to the Coach for cancellation or rescheduling prior to this twenty-four (24) hours may be forfeited and may not be rescheduled.
4.1 Honesty is a very important foundation of a coaching relationship and it is expected you will be honest and open about what is working about the coaching relationship, and what is not. If at any time any aspect of the Services are not meeting your expectations, please immediately notify the Coach of the specific details to give the Coach a reasonable opportunity to respond and address any concerns. Feedback and discussion are important to the sessions and provision of the Services and it is up to you to provide such feedback in order to give the Coach an opportunity to resolve any issues quickly and effectively.
4.2 If a dispute arises, both parties agree that communications or discussions will be kept private and neither will engage in any conduct or communications that may be considered defamatory, negative or otherwise damaging.
4.3 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.
5. OWNERSHIP OF INTELLECTUAL PROPERTY
5.1 Materials and work may be provided to the Client during your coaching program. Any designs, materials, analyses, processes, discussions and other intellectual property, both tangible and intangible, which is provided will remain the property of the Coach at all times. No materials may be reproduced or used for any purpose other than the personal private use of the Client.
6. PERSONAL INFORMATION
The Coach agrees to:
(a) keep confidential and secure;
(b) not use directly or indirectly; and
(c) not disclose directly or indirectly,
this Agreement and all your 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.
6.2 The Coach will not at any time disclose or allow access by any person or third party to any of your 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.
7. TERMINATION AND CANCELLATION
7.1 If you or the Coach breaches any obligations in this Agreement, they will have an opportunity to immediately remedy or rectify the breach.
7.2 The Coach may at their sole discretion, terminate the provisions of any services you at any time, by notifying you in writing. However, in the event of such a termination of services, the Coach will provide a refund for any services that have been paid for in advance and which have not been provided to you.
7.3 You may terminate the services of the Coach at any time by notifying the Coach in writing.
7.4 Confidentiality survives and continues in the event of any dispute or termination and, in any event, after the delivery of the Services.
8. LIMITATION OF LIABILITY
8.1 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).
8.2 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.
8.3 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.
8.4 The Client agrees that some Services may involve health, financial and other personal and well-being management discussions. The Services and information should not replace discussions with qualified professionals including but not limited to legal, financial investment, financial planning or healthcare professionals where relevant. 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 Coach cannot be held responsible for how the Client may interpret, understand or take action based on or as a result of the Client’s participation in any of the Services. The Client understands they therefore engage the Services at their own risk.
8.5 The Client acknowledges and agrees that results of Services vary from individual to individual. For this reason, performance, progress and success of any particular 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 progress.
10. GOVERNING LAW
This Agreement is governed by the laws from time to time in force in New South Wales. Both parties agree to unconditionally submit to the non-exclusive jurisdiction of the Courts of New South Wales for determining any dispute concerning this Agreement.
Item 1: Services to be Provided
Your 4 month mentoring program includes:
- 12 x 60 minute individual coaching sessions
- Unlimited email support
- Bonus: 4 months access to Soul Strategies Mastermind Calls (valued $140)
Item 2: Minimum Term, Commencement Date and Final End Date
Completion: 31/12/2017 (additional time for completion of these sessions given for your trip overseas Laine)
Item 3: Payment Schedule
Upfront payment: $2000