Coaching Services Agreement
This Agreement is made between:
[Insert Name of Person/Company purchasing/contracting the Services] of [Insert address – street/town/state] (“Client”)
Representative/s of Ladies Finance Club ACN 633 514 860, 233 Liverpool St Darlinghurst NSW 2010 (“Coach”)
1 PURPOSE OF THIS AGREEMENT:
1.1 The purpose of this document is to formalise agreement for the Services to be provided on the terms set out in this Agreement (‘the Terms’).
1.2 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.
1.3 The Client agrees to make payment for the Services in accordance with the Terms.
1.4 The terms of this Agreement outline and govern the parties arrangement for these Services as follows:
2.1 “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, financial and personal information.
2.2 “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.
2.3 “Proposal” means the most recent document titled Proposal which includes a detailed description of the Client Services and may include variations to this Proposal from time to times
2.4 “Services” means the financial coaching services as outlined in item 1 of the Schedule, which may include recommendations, resources, discussions, education and tools to help you learn to manage your own finances, budget, information on how to achieve your financial goals and other services as listed in Item 1 of the Schedule and as may be requested from time to time.
3.1 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.
3.2 The Coach agrees to provide the Services described in Item 1 of the Schedule in accordance with the Terms. The Coach agrees to provide the Services in a professional manner and in accordance with generally accepted industry practice and standards and will ensure any contractors or consultants or representatives that the Coach may employ from time to time will have the relevant qualifications and are under the same standards requirements.
3.3 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.
3.4 The Coach is not a licensed financial broker, advisor, is not providing any legal, investing or other advice. The Coach is merely providing services and educating the Client on how to manage, budget, understand finances, offer information on options to consider but is at no time providing financial advice.
3.5 Services may be provided face-to-face or via web-based means (such as Zoom, Skype, Google hangout or similar) or as otherwise agreed in the Schedule. The Client is responsible for ensuring they have the appropriate facilities available as agreed in the Schedule.
3.6 If a Client is unable to attend or wishes to reschedule their appointment, a minimum of twenty four (24) hour 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 or rescheduling prior to this twenty four (24) hour requirement may be forfeited and may not be rescheduled.
3.7 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 another qualified representative may provide the Services.
4 WARRANTIES AND PROVISION OF SERVICES
4.1 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.
4.2 The Coach represents and warrants:
(a) in providing the Services, they will comply with all law and industry standards;
(b) the work performed to provide the Services will be done to a high standard in accordance with best practice; and
(c) the scope of the Services will be limited to the description provided in this Agreement, the Proposal and as 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.
4.3 The Client represents and warrants:
(a) they will provide all relevant information required for the Coach to carry out the Services in a timely manner;
(b) they are 18 years of age or older;
(c) they will at all times be respectful, considerate and will at all times keep the information of others who may be attending group sessions, confidential. The Coach reserves the right to remove and ban the Client from attending, for any reason, if they believe the Client is negatively impacting the group, progress or otherwise is not acting in the spirit of the group objectives.
4.4 The Client acknowledges and agrees that:
(a) they will provide all relevant information required for the Coach to carry out the Services in a timely manner;
(b) the Coach is reliant on the information provided by the Client in provision of the Services including but not limited to any financial figures, reports, analysis and other information (together ‘the Information’). The Coach cannot be held responsible for any errors in the Information provided by the Client;
(c) they undertake the Services at their own risk and any session recommendations are not a substitute for any professional financial, legal, medical or other professional advice and is not intended to take the place of individual advice from a fully qualified professional practitioner;
(d) results vary from business to business and the Coach does not guarantee any particular result including but not limited to any increase in income, profit, productivity or success. Results vary and are dependant on both internal and external factors which may be out of the Coach’s control. All recommendations by the Coach are based on experience and are dependant on the information provided by the Client and results may be driven by the Client’s own situation and participation; and
(e) 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 Client acknowledges that participation is encouraged and necessary for any progress. The Coach cannot and does not guarantee any particular or any results and the Client is solely responsible for their 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.
5.1 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.
5.2 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, including but 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.
5.3 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.
6.1 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.
6.2 The Client is not responsible for withholding or remitting any payment for an impost such as tax or superannuation in respect of the Coach or any of the Coach’s employees, independent contractors, sub-contractors, agents or consultants.
7 TERM AND OWNERSHIP OF INTELLECTUAL PROPERTY
This Agreement is for the period agreed in writing. All Services must be provided between the commencement start date (‘Effective Date’) and the final date as notified and agreed.
7.2 Confidentiality is Paramount: The confidentiality provisions survive the termination of this Agreement remain until the Confidential Information becomes part of the public domain.
7.3 Ownership of Intellectual Property and Confidential Information: Materials and work may be provided to the Coach from time to time during and to enable the provision of the Services. Materials, reports and resources may be provided to the Client from time to time during and to enable the provision of the Services. All materials and work are provided without warranties of any kind, both express and implied. Any materials, analyses, processes, discussions and other intellectual property, both tangible and intangible, which may be provided or may be developed as a result of or during the Services is and 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. At no time may it be reproduced and provided to third parties without the express written permission of the Coach.
8 INFORMATION PROVIDED TO PERFORM THE SERVICES
The Coach agrees that they will:
(a) keep confidential and secure;
(b) not use directly or indirectly; and
(c) 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.
8.2 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.
9 PAYMENT, REFUNDS, PRIVACY AND DELIVERY
9.1 In consideration of the Services provided by the Coach to the Client under this Agreement, the Client agrees to pay the Coach fees in accordance with the invoice issued to the Client by the Coach.
9.2 Any late, overdue or unpaid invoice amounts will incur interest at a rate determined in accordance with the Penalty Interest Rates Act 1983.
9.3 In the event that the Client fails to pay in advance for the Services in accordance with the Terms or does not perform its obligations under this Agreement, the Coach may refuse to continue to provide the Services and may terminate this Agreement immediately without notice. The Coach may also commence proceedings to collect any outstanding debts owed.
9.4 Any non-refundable deposits are advised at the time of payment and are to secure the session with the Coach. As the Coach has blocked out time for the session to the exclusion of other potential clients, the deposit is non-refundable. Any other fees for Services that have not been performed may be refunded pro-rata less an administrative fee, in the sole discretion of the Coach.
9.6 Default: Failure to make a required payment when due under this Agreement shall constitute a material default under this Agreement.
10 TERMINATION AND CANCELLATION
10.1 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.
10.2 In the event of any termination by the Client, payment for all Services becomes immediately due and payable, up to and including the work in progress by the Coach.
10.3 Confidentiality survives and continues in the event of any dispute or termination and, in any event, after the delivery of the Services.
11 LIMITATION OF LIABILITY AND INDEMNITY
11.1 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 or damage (including loss of income, revenue, or profits in addition to reasonable legal fees and expenses).
11.2 Certain legislation including the Australian Consumer Law (‘ACL’) and similar consumer protection laws and regulations may confer the Client with rights, warranties, guarantees and remedies relating to the provision of Services by the Coach to the Client which cannot be excluded, restricted or modified (Statutory Rights).
11.3 The liability of the Coach is governed solely by the ACL and the terms of this Agreement. Any other conditions and warranties which may be implied by custom, law or statute are expressly excluded except for the Client’s Statutory Rights. Except for your Statutory Rights, all material and work is provided to the Client without warranties of any kind, either express or implied; and the Coach expressly disclaims all warranties of any kind including but not limited to warranties of merchantability and fitness for a particular purpose.
11.4 The Coach does guarantee that the Services supplied will be rendered with due care and skill, fit for the purpose advertised or that the Client has told the Coach they are acquiring the Services for, unless the Coach advises that this purpose is not achievable; and will be supplied within a reasonable time. To the extent that the Coach is unable to exclude liability; their total liability for loss or damage suffered or incurred from the Services is limited to re-supply of the Services to the Client or, at the Coach’s option, refunding the amount the Client has paid for the Services to which the Client’s claim relates.
11.5 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 agrees 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, use or misuse of the Services or in connection with any of the Services.
11.6 In any case, the Coach’s liability is limited at all times to amount of the last invoice or package fees paid by the Client.
11.7 Both parties agree that the Effective Date nominated in the Schedule is the date the Services began and that to the extent that any and all clauses in this Agreement may be lawfully deemed to apply retrospectively to the Services, both parties agree to apply them.
12 GOVERNING LAW
This Agreement is governed by the laws from time to time in force in the state of New South Wales. Both parties agree to unconditionally submit to the exclusive jurisdiction of the Courts of New South Wales for determining any dispute concerning this Agreement.
This agreement shall be effective when ‘Client’ declares they have accepted the contract and purchase the coaching service.
|Item 1: Services to be Provided
Group Coaching services over six weeks covering money mindset, cash flow management, investing concepts, the fundamentals of superannuations, the fundamentals of purchasing property and an explanation of insurance, estate planning and wills.
|Item 2: Effective Date|
|Course Commencement date as advertised on the Ladies Finance Club website: www.ladiesfinanceclub.com|
|Item 3: Payment and Fee Schedule (rates excluding GST)
Coaching Charge: /hour or package rate or full pricing for Project
Group Coaching 6 week course :
1. $85 per week over six weeks.
2. Cancellation permitted up to 21 days from the course commencement date, full fees refunded.
3. Cancellation not permitted after 21 days of the course start date.