Coaching Terms of Service
These terms and conditions formalize the coaching services (“Coaching Services”) that Hunton Executive Consulting and Recruitment Pty Ltd [ ABN 43640898791] (“Hunton Executive”, “we”) will be providing. The Coaching Services will be performed personally by Vanessa Meikle or one of the expert coaches within Hunton Executive. You could be any client of our Coaching Services and these terms and conditions apply to all Coaching Services we provide.
Promises you make for us
You must provide us with all Information we need so that we can perform the Coaching Services. You represent and warrant that:
- all Information you provide is true, correct, current, and to the best of your knowledge.
- you have adequate technology set up including internet access to enable us to conduct any conferences online.
- you are committed to working on yourself, and you want change in your life.
Acknowledgements and agreements you make
You must meet or call at the scheduled time, and participate fully during each coaching session with accountability, honesty, integrity, and respect for the process. You acknowledge and agree:
- that you are required to provide transparent and accurate information during each coaching session;
- to commit to doing any actions that are determined in the coaching sessions;
- that we cannot guarantee results, and they are dependent on your actions and implementation; and
- that you must be on time to all coaching sessions; any late attendance will not entitle you to an extended session, and we may cut short the session time.
What we agree to do
We agree to:
- provide the Coaching Package during the Coaching Period from the Commencement Date;
- keep you informed of your progress;
- keep all the documents you provide secure and return all documents at the termination of this Agreement;
- at all times keep your Confidential Information confidential, and will also not divulge the fact that we are in a coaching relationship unless you do; in which case we will confirm as such; and
Reliance on Life Coaching
We are not medical doctors, psychiatrists, psychologists, qualified social workers, or counsellors. We strongly recommend that you obtain independent professional health advice before you make decisions or take steps that rely on any health or medical information we may provide. For example, do not use any health information to treat any mental disorder or disease.
We are also not financial advisors or lawyers. We strongly recommend that you obtain independent professional financial or legal advice before you make decisions or take steps that rely on any money related, financial, or legal information we may provide. For example, do not use any financial information to make an investment.
Where you wish to reschedule, cancel, or seek a refund
You may re-schedule a coaching session with 48 hours prior written notice.
Where you wish to cancel you must provide us with 30 days prior written notice. To the extent permitted by law, any refunds for any cancellations of the Coaching Package are at our absolute discretion. We do not provide refunds for your change of mind, where you fail to provide us with adequate information or clearly explain your needs, or where you fail to act on our advice.
Our obligations under the Australian Consumer Law
You are entitled to various consumer guarantees, rights, and remedies under the Australian Consumer Law in the Competition and Consumer Act 2010, including, but not limited to, consumer guarantees that the Coaching Services are delivered within a reasonable time and with acceptable care and skill. If you believe we have breached your consumer guarantees, please contact us and we will comply with the law.
Intellectual Property and publicity
We own or have a license to use all Intellectual Property Rights in any Materials we may provide you throughout the performance of the Coaching Services. You must not use any Materials for any purpose other than your sole personal use, business, or career development. Any Materials we provide you must not be reproduced or resold without our prior written permission which will be given at our absolute discretion and will be the subject of license fees.
You permit us to use any photos, videos, and testimonials you provide to us for marketing and information purposes, or publications, exhibitions, and professional awards. Where we take photos or videos of you, we will seek your consent to use them. You must seek our prior written consent before any publication of information about the Coaching Services.
You acknowledge and agree that we are not liable for any Loss or damage which may result from the Coaching Services. To the extent permitted by law, our liability is limited, at our option to:
- the replacement of the services or the supply of equivalent services; or
- the payment of the cost of replacing the services or of acquiring equivalent services.
In any case, our liability to you will not exceed the amount actually paid by you to us for the most recent invoice we have sent you that has been paid.
You acknowledge and agree to indemnify us and keep us at all times fully indemnified from and against any Claims whatsoever arising directly or indirectly as a result of any breach by you of this Agreement and any third party claims.
Where we can terminate
We may either suspend the Coaching Services, or terminate the Coaching Package where:
- we are unable to agree on required actions during the coaching session; or
- there is a conflict of interest.
Where we determine, at our sole discretion, that you need more qualified assistance, we may immediately terminate this agreement. We may also, at our option and without prejudice to any of our rights, immediately terminate this Agreement where you default on any invoices, breach this Agreement, or commit an act of bankruptcy. Upon termination, you must pay all accrued Coaching Fees owing up to the date of termination.
If there is a dispute
If a dispute arises, you acknowledge and agree that confidentiality is paramount to our reputation. At no time will any communications or discussions be made public, including but not limited to any social media websites. Any public discussion or comments considered defamatory, negative, or otherwise damaging and will be the subject of compensation in any mediation or litigation claim. In the event of any dispute 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 party agrees to pay their own costs.
THE GOVERNING LAW AND OTHER MATTERS
This Agreement completely states the agreement of the parties as to its subject matter. It supersedes, and its terms govern all previous communications, representations, inducements, undertakings, agreements, and arrangements between the parties in respect of its subject matter. This Agreement may not be modified or amended except in writing signed by both parties. The failure by us to exercise any right or enforce any provision in these Terms does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. This Agreement must not be transferred or assigned without the prior written consent of the other party. This Agreement is governed by the laws from time to time in force in the state of Australia. Both parties agree to unconditionally submit to the non-exclusive jurisdiction of the courts of for determining any dispute concerning this Agreement.
“Agreement” means these terms and conditions, and the Proposal. “Claim” means any claim under statute, tort, contract or negligence, any demand, awards or costs.
“Confidential Information” means any sensitive personal information and/ or any of your including but not limited to personal information as defined under the Privacy Act 1988 and any sensitive business information, including any business staff and system knowledge. “Information” means any information you provide to us during the Coaching Services. “Intellectual Property Rights” means all trademark, copyright, design rights, patents, trade secrets, confidential information, and all other intellectual property rights whether registered or unregistered. “Loss and damage” means any direct, indirect, consequential, or incidental loss or damage. This includes, but is not limited to any loss, personal injury, death, negligence, loss of profits, revenue, salary, property damage, loss of enjoyment, virus or damage to your systems, or reliance on our Coaching Services. “Materials” means any PDFs, videos, worksheets, diagrams, spreadsheets, books and manuals documents, information, and includes any coaching program documents or concepts. All other capitalized terms are defined in the Proposal.