PRIVATE COACHING BUNDLE

TERMS AND CONDITIONS

This Agreement is Made on the date of purchase of the Private Coaching Bundle between the Client and Kate Boyden (the Coach)

COACHING SESSIONS
4 x 60-minute Coaching calls via phone or Zoom.

All Coaching sessions must be pre-scheduled by the Client in the Coach’s conline calendar via the links provided after the Private Coaching Bundle has been purchased. 

TERMS
This Agreement will begin upon the purchase of the Private Coaching Bundle and will continue for a maximum of 30 days from the date of the Client’s first Coaching session with the Coach.

INVESTMENT
The investment for the Private Coaching Bundle is $1,200 (saving $397 with the Buy 3 get one FREE bundle).  

All Coaching calls are required to be paid in advance. In the event that any session fees owing by the Client are not received by the Coach prior to any scheduled Coaching call, the Coach reserves the right, without prejudice to any other remedy she may have, to postpone or cancel that Coaching call or terminate the Private Coaching Bundle.

Upon completion of the 30 day Private Coaching Bundle, the Client can purchase a further 30 day Private Coaching Bundle if the Client would like to continue to work with the Coach. 

COACHING SESSIONS
The Client understands that the Private Coaching Bundle is very comprehensive and may involve all areas of the Client’s life including work, finances, health, relationships, education, lifestyle, spirituality, and recreation. The Coach will deliver the Coaching services to the Client via phone or Zoom unless otherwise agreed in advance between the Client and the Coach.

SCHEDULING OF SESSIONS
All Coaching calls will be scheduled by the Client in advance via the Coach’s online calendar, at the mutual convenience of both the Client and the Coach. The Coach will initiate contact with the Client at the scheduled start time of each Coaching call.

The Client is required to attend each Coaching call on time. Coaching sessions will commence at the earlier of the 10 minutes after the scheduled start time; or when the Client joins the Coaching call; or at such later time as the Coach may agree in her absolute discretion.  

COMMUNICATION BETWEEN SESSIONS
The Coach is contactable by the Client between Coaching calls via email.  The Client acknowledges that the Coach cannot guarantee a reply to an email, text message or voicemail on the same day that the Client sends the email, text message or voicemail to the Coach.

The Coach will use best endeavours to reply to any emails received from the Client Monday-Friday, within 24 hours. The Client acknowledges that any emails, text messages, or voicemails received by the Coach from the Client after 12pm on Fridays or at any time on Saturdays or Sundays may not be read or replied to by the Coach until the following Monday, save in the event of an emergency.

All day and time calculations for Client communication with the Coach between Coaching sessions shall be made by reference to the relevant day and time in Sydney, Australia that emails are received by the Client and the Coach.

CANCELLATIONS, REFUNDS, AND FORFEITURES
If the Client needs to cancel or reschedule any Coaching calls, the Client must provide the Coach with at least 24 hours prior notice (the Notice Period), save in the event of an emergency so that the session time can be made available to others who may be waitlisted. 

If a Coaching call is cancelled or rescheduled at the request of the Client within the Notice Period, the Coach will make reasonable efforts to reschedule the Coaching call as soon as is reasonably practicable for the Client and the Coach.

Any Rescheduled Coaching Call must be completed within one (1) week of the date of the previously cancelled or rescheduled Coaching call or the Client will be deemed to have forfeited that Coaching call.

The Client will be charged the full Coaching fee payable for that Coaching call and the Client will not have the opportunity to re-schedule that Coaching call.

LATE CANCELLATIONS
If the Client has not joined a Coaching call within 15 minutes of the scheduled start time for that Coaching call; or if the Client has not cancelled or rescheduled the Coaching call within the Notice Period, the Client will be deemed to have made a late cancellation of that Coaching session (a Late Cancellation).

If the Client makes a Late Cancellation (save in the event of an emergency), the Client will be deemed to have forfeited that Coaching call.  In this event, the Client will be charged the full Coaching fee payable for that Coaching call and the Client will not have the opportunity to re-schedule that Coaching call.

COACH RESCHEDULING
In the event that the Coach needs to cancel or reschedule any Coaching calls for professional or personal reasons, the Client will be notified by the Coach as far in advance as possible and alternative arrangements will be made between the Coach and the Client for the Coaching call to be rescheduled at a mutually agreeable time.  Where this is not possible, the Client will be refunded any Coaching fee already paid to the Coach by the Client for that particular Coaching call.

TERMINATION
The Coach reserves the right to terminate the Private Coaching Bundle on one (1) week’s notice in writing if at any point she feels it is not advantageous for either the Client or the Coach for the Private Coaching Bundle to continue.  If this happens, the Client is only responsible for the pro rata share of any Coaching services already received.

In the event that the Client is absent or withdraws from the Coaching program for whatever reason prior to the program expiration, the Client will remain liable for the pro-rata share of the Coaching fees otherwise payable for the portion of the Coaching program/content/intellectual property that has already been delivered to the Client (including for the avoidance of doubt any program content that is delivered in advance via paper file, email, or any other electronic means, any cancelled sessions, and/or any forfeited sessions). 

OUTSTANDING FEES
Upon the termination of the Private Coaching Bundle by either the Client or the Coach, any outstanding Coaching fees will become immediately due and payable by the Client to the Coach. 

EXPIRATION
The Private Coaching Bundle will expire if all Coaching calls in the Private Coaching Bundle are not completed within 30 days of the first coaching session in the Private Coaching Bundle.  The Client will forfeit any unused Coaching calls and access to any course materials once the Private Coaching Bundle has expired. 

GST
The Client acknowledges that all Coaching fees for the Private Coaching Bundle are inclusive of GST unless otherwise stated.

DISCLAIMERS
The Client understands that Coaching calls are not professional legal, financial, or medical consultations or treatments, therapy sessions or psychological counselling sessions, nor will any Coaching sessions be a substitute for professional legal or financial advice, medical treatments, counselling, psychotherapy, psychoanalysis, and mental health care or substance abuse treatment. The Client understands that no Coaching calls are to be used by the Client in place of any professional legal, financial, medical, or mental health advice, diagnosis, treatment or therapy. 

The Client understands that the Coach is not providing the Private Coaching Bundle or any Coaching sessions in the professional capacity of a medical doctor, licensed therapist, mental health practitioner, dietician, nutritionist, psychologist, psychiatrist, employment agent, financial advisor, business manager, lawyer, or other registered professional. The Client is strongly advised to seek independent professional advice for all legal, medical, psychological, financial, business, and family matters. 

MEDICAL CONSENT
By entering this agreement, the Client confirms that, in the event she is currently in therapy or otherwise under the care of a medical or mental health professional, she has already consulted with her medical or mental health professional regarding the advisability of working with a Coach, and that this medical or mental health professional is aware of the Client’s decision to proceed with the Coaching program. If requested by the Coach, the Client will provide the Coach with a written letter of consent to participate in the Coaching program from the Client’s medical or mental health professional.

LIMITATION OF LIABILITY
The Client acknowledges that Coaching and mentoring sessions are not legal or medical consultations, counselling, or therapy sessions.  The Client accepts full responsibility for her own decisions, life, health, safety, and well-being and the lives, health, safety, and well-being of her family members, including children (if applicable) during and after any Coaching sessions and throughout the duration of the Coaching program. The Client understands that all decisions made by the Client during or directly or indirectly as a result of any private Coaching and mentoring session are exclusively the Client’s decisions and all actions arising as a result of those decisions are the Client’s sole responsibility.

The Client releases the Coach from any and all liability, damages, causes of action, allegations, suits, sums of money and demands whatsoever in law or equity, which the Client ever had, now has, or will have in the future against the Coach, arising from the Client’s past or future participation in or otherwise with respect to the Private Coaching Bundle, unless arising from the gross negligence of the Coach.

In no event shall the Coach be liable to the Client for any special, punitive, incidental, indirect or consequential damages of any kind in connection with this agreement or the Private Coaching Bundle.

PRIVACY AND CONFIDENTIALITY
The Coach confirms that all information disclosed by the Client to the Coach will be treated strictly privately and confidentiality at all times, and will not be disclosed to any other persons in any way that will directly or indirectly identify the Client, except in the instances where:

1)  3rd party referral is to be made (the Coach will seek the Client’s express consent prior to speaking with any referral source);
2)  the Coach is required to share any confidential or private information about the Client with a Court or Government Agency; or
3)  the Coach has concerns that there is a clear and imminent danger to the well-being or safety of the Client, the Coach or others.

The Client acknowledges and accepts that the Coach may share anonymous anecdotal references to the Client's current or past circumstances with other Clients for learning, encouragement, and support purposes only.  While sharing anonymous anecdotal references, the Coach will not disclose the Client’s identity at any time without the Client's prior consent. 

ONLINE SECURITY
The Client acknowledges the difficulty of ensuring the privacy, security, and confidentiality of any information exchanged between the Client and the Coach electronically, including but not  limited to email, telephone, text message, Messenger, Whatsapp, Skype, or any other modes of communication used by the Coach and the Client to connect with each other. The Client assumes all responsibility for maintaining the privacy, security, and confidentiality of the Client's participation in the Private Coaching Bundle, including for the avoidance of doubt the privacy, security, and confidentiality of all communication between the Coach and the Client.

The Coach is bound by the Australian Privacy Principles contained in the Commonwealth Privacy (Private Sector) Act 1988 and Privacy Amendment (Enhancing Privacy Protection) Act 2012.

INTELLECTUAL PROPERTY
The Client acknowledges and agrees that the Coach will retain ownership of all Intellectual Property created as a result of or in connection with the Private Coaching Bundle. The Client will not disclose, share, or communicate any proprietary information about the Coach’s practice, materials or methods to any third parties without first obtaining the Coach’s prior written consent.  

NO REPRESENTATIONS OR WARRANTIES
The Coach makes no representations to the Client as to the results of the Private Coaching Bundle and explicitly disclaims any warranty or guarantee of results. The Client acknowledges that her results will depend largely on her willingness and ability to implement and integrate mutually agreed recommendations, behavioural changes, lifestyle shifts, mindset shifts, and any other Coaching activities or exercises discussed between the Client and the Coach during the Private Coaching Bundle or provided as supplementary information or homework as part of the Private Coaching Bundle. The Client acknowledges and agrees that the Client’s desired or anticipated results from the Private Coaching Bundle may or may not be achieved. 

COACHING RELATIONSHIP
Throughout the Private Coaching Bundle and any discussions relating to it, the Coach will engage in direct and personal conversations with the Client. The Client can count on the Coach to be honest and straightforward in asking questions and making requests. The Client understands that only the Client can grant the openness, effectiveness and deeply transformative power of the Coaching relationship. If the Client believes her needs are not being met by the Private Coaching Sessions or her relationship with the Coach, or she is not getting the results she desires from the Private Coaching Sessions, the Client will communicate that belief with the Coach, without delay, so that her concerns can be addressed promptly by the Coach and the Coach can arrange for the Private Coaching Sessions to be adjusted, if appropriate.

ASSIGNABILITY, AMENDMENTS, AND DISPUTES
This agreement is not transferable or assignable by either the Client or the Coach without the prior written consent of the other party.  Any attempted transfer or assignment other than as permitted above shall be null and void.  The provisions of this agreement may be waived, altered, amended or supplemented in whole or in part, only by a written amendment signed by each of the Parties.  If any dispute should arise between the parties in relation to any provision of this agreement, it shall be addressed first by mediation proceedings.  Where mediation is unsuccessful, a resolution will be determined via court proceedings.

APPLICABLE LAW
This agreement shall be construed according to the laws of Australia and the state of New South Wales.  In the event that any provision of this agreement is deemed unenforceable, the remaining portions of the Agreement shall be severed and will remain in full force.

ENTIRE AGREEMENT
This agreement and the terms contained herein constitute the entire agreement between the parties. If the terms of this Agreement are acceptable, please sign the acceptance below.  By doing so, the Client acknowledges:

1) the Client has received a copy of this Agreement
2) the Client has had the opportunity to read all of the information contained in this Agreement 
3) the Client has had the opportunity to discuss the contents of this Agreement with the Coach, and if desired, the opportunity to have it reviewed by a legal professional (at the Client’s own expense); and
4) the Client understands, accepts and agrees to abide by the terms of this Agreement.

DECLARATION
I understand that I am working with Kate Boyden for professional Coaching and mentoring services at the agreed Coaching fee. Professional Coaching and mentoring is distinctly different from professional legal and financial advice, medical treatment, counselling, psychotherapy, and psychoanalysis.  It does not deal with the diagnosis or treatment of mental health or emotional problems. Since professional Coaching and mentoring does not constitute medical consultation or treatment, health insurance rebates do not apply. However, the Coaching fee may be considered a deductible business expense, subject to the provision of professional advice received from my own accounting or tax professional.