COACHING AND SERVICES AGREEMENT (‘AGREEMENT’)
1 PURPOSE OF THIS AGREEMENT:
1.1 The purpose of this document is to formalize 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 terms of this Agreement outline and govern our 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 and personal information.
2.2 “Services” means recommendations and may include diet regimes, homeopathic remedies, protocols, resources, guidance and provision of techniques to manage and maintain health and wellbeing.
2.3 “Materials” means literature, written documents, questionnaires, email content, or other material which may be required to assist and enable the Services to be performed.
2.4 “Program” includes recommendations and instruction around diet, goals and other relevant materials to assist Client progress and may include natural supplement protocols.
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 a healthier lifestyle. Coaching services are not to be construed as a medical diagnosis, or a replacement for, psychotherapy, legal, financial or medical advice from a certified medical practitioner.
As your coach, I will endeavour to:
- Help create an honest, open, collaborative coaching relationship.
- Respect your confidentiality.
- Promote discovery of new possibilities and insights for you and your health management.
- 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 health 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 and that we agree will help you with your progress and successful outcome.
- Explore new approaches and experiment with helpful actions and behaviours.
- Provide ongoing feedback on whether our coaching process is valuable and meeting your needs.
- Be open to hearing our feedback and letting us know whether it fits your expectations of yourself.
- Acknowledge and take ownership for your progress, any setbacks and accomplishments.
- Keep your protocol and Program securely away from other individuals and acknowledge this is for your own use.
3.1 The Coach agrees to provide the Services in accordance with the Terms in this Agreement. The Coach agrees to provide these Services in a professional manner and in accordance with generally accepted industry practice and standards and will ensure any contractors or coaches or representatives that the Coach may employ from time to time will have the relevant qualifications and are under the same standards requirements.
3.2 Services may be provided in person face-to-face, by telephone, email, via web-based means (such as Skype, Zoom, or similar) or as otherwise agreed from time to time. The Coach may agree, in special circumstances, to provide Services in Client’s home where they are unable or unavailable to attend the Coach’s professional premises.
3.3 All sessions must be scheduled and agreed in advance by the Coach including any consultations which are rescheduled due to unavailability of either party.
3.4 In the event that a Client is unable to attend or wishes to reschedule their consultation appointment, a minimum of twenty four (24) hour notice is required to permit the Coach to offer this appointment time to another Client. Any consultations 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.
3.5 In the event the Coach is required to cancel any consultation or appointment, the Coach will either reschedule at a time convenient to the Client, the consultation will be transferred to another date or the fee will be refunded depending on the circumstances appropriate and available to both parties.
3.6 MINORS: where the Client is a parent or guardian requesting Services for their minor child, must attend all consultations with the minor child. The Client agrees that they will provide all information concerning their minor child including but not limited to: (a) Any known food allergies
(b) Any known medical allergies
(c) Any known medical conditions
(d) All current medications; and agrees to immediately stop any Program and protocol instructions made by the Coach if the minor child begins to feel unwell. The Client takes full responsibility and risk for taking any decisions based on our Services and hereby agrees to irrevocably release and waive any claims they may have nor or in the future against the Coach as a direct or indirect result of engaging the Services for their minor child.
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; and
(b) the work performed to provide the Services will be done to a high standard in accordance with best practice.
4.3 The Client acknowledges and agrees that: (a) Any Program, protocol or recommendation that the Coach may make is personal for the Client and is not to be shared. Use of any of the materials, protocols or information may be inappropriate, incorrect and even harmful, in some cases if shared with other individuals. The Client agrees to indemnify the Coach for any third party claim which may result from sharing any protocol, Program or any part of the Services;
(b) results of Services vary from individual to individual. For this reason, performance, progress and success of any particular part of the 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 own 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;
(c) the Coach may, from time to time or as part of the Services, recommend supplements, products, food, diet regimes or treatments in the course of or as part of their Services. If the Client has or suspects they may have allergies or medical issues which may be affected by certain foods, or, after taking any course of action recommended by the Coach, find they may have or are experiencing side effects which are uncomfortable or concerning, they should stop any regime and promptly contact their professional health care provider. Any statements either on the website or made by the Coach regarding diet, food or treatments are to be used at the Client’s discretion and are not intended to diagnose, treat, cure or prevent any disease;
(d) From time to time, the Coach may recommend and/or refer the Client to another provider, practitioner or suggest that the Client see a medical specialist. Should you wish or require your personal information collected by the Coach to be provided to another practitioner at any time, a release form must be provided for the release of any personal information; and
(e) The Coach may receive an affiliate commission from some of the suppliers of the supplements or other products the Coach recommends when you decide to purchase. Please enquire for more information on specific products.
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. Feedback and discussion are important to the consultations and provision of the Services and it is up to the Client to provide such feedback in order to give the Coach an opportunity to resolve any issue quickly and effectively.
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; this includes but is 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 OWNERSHIP OF INTELLECTUAL PROPERTY
6.1 The confidentiality provisions survive the termination of this Agreement remain until the Confidential Information becomes part of the public domain.
6.2 Materials and work may be provided to the Client from time to time during and to enable the provision of the Services. All Materials and work is provided without warranties of any kind, both express and implied. 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.
7 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:
(a) as required by law or any regulatory authority; or
(b) with the Client’s express written consent.
7.2 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.
8 PAYMENT, PRIVACY AND REFUND
8.1 Services will only be provided once payment has been made and received by the Coach.
8.2 In the event of any late, overdue or unpaid invoice amounts, they will incur interest at a rate determined in accordance with the Penalty Interest Rates Act 1983.
8.3 In the event that the Coach fails to receive payment of any invoices, or if the Client, does not perform their obligations under this Agreement, the Coach may refuse to continue to provide the Services and may terminate this Agreement immediately without notice.
8.5 By providing the Coach with your payment and credit card details, the Client authorizes payment for Services. In the event the Client has chosen payments to be made on a recurring basis, the Client hereby authorizes such payments to be deducted by the Coach until the full payment has been made under the Terms and in accordance with this Agreement.
8.6 Default: Failure to make a required payment when due under this Agreement shall constitute a material default under this Agreement.
8.7 All consultations and Services are non-transferrable. In addition, no consultations may include or be attended by any other person or third party unless agreed in advance by both Client and Coach.
8.8 Refunds: We do not generally provide refunds for any Services rendered as the Service has been completed. Whilst we at all times abide by Australian Consumer Law in relation to our services and refunds, any other refund at any time is in our sole discretion.
9 TERMINATION AND CANCELLATION
9.1 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.
9.2 The Coach may, in their sole discretion, decide to stop the Services for any reason including if the Coach believes that the working relationship has broken down including a loss of confidence and trust; or for any other reason outside their control which has the effect of compromising their ability to perform the Services. In the event of such termination by the Coach, payment must be made up to the date of the last Services and any other monies paid in advance will be refunded to the Client.
9.3 Confidentiality survives and continues in the event of any dispute or termination and, in any event, after the delivery of the Services.
10 LIMITATION OF LIABILITY AND INDEMNITY
10.1 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).
10.2 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.
10.3 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, including but not limited to any third party claims.
10.4 The Client agrees that some Services may involve health or other personal and well-being management discussions. The Services and information should not replace discussions with qualified suitable healthcare professionals where relevant to their condition and should not be used to diagnose or replace any professional treatment or management of any particular existing condition. All decisions about any treatment and management of any condition must be made with a relevant healthcare professional and the Client agrees and acknowledges that any reliance on any information, discussions or recommendations that may arise during the consultations, is done at their own risk. The Client is at all times responsible for their own physical health and emotional well-being. The Coach recommends that any pre-existing condition be treated by a suitable medical professional and that any information provided by the Services is not to be relied on in substitution.
10.5 The Client agrees to advise the Coach of any pre-existing medical, physical or other conditions which may directly or indirectly affect or impact the Services or of which the Coach may need to be aware.
10.6 In any case, the Coach’s liability is limited at all times to amount of the last invoice fees paid by the Client.
11 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 non-exclusive jurisdiction of the Courts of New South Wales for determining any dispute concerning this Agreement.
By providing Green Heart Natural Health (“us”, “we”, “our”) with this personal information, you acknowledge and agree the following:
We only collect the information we need in order to perform our massage consultation services (“Services”). We comply at all times with the Privacy Act 1988 (Cth) which regulates how personal information is handled including all your health details which are sensitive information. We will not disclose your personal information without your consent unless required due to a medical emergency, injury, health risk or similar and we will only do so to a qualified professional who is under the same duty of confidentiality.
The personal information you are providing is true and correct at the time you are providing it to us. You will notify us with any changes and keep it updated on a regular basis while you are using our Services. You can access your personal information by request at any time.
We keep your personal information secure and do not use it for any purposes unrelated to our services. All our employees and any staff who may have access this personal information are under a strict duty of confidentiality and privacy practices are adhered to. Please note: we securely destroy all your personal information after the regulated and legislated time period if you have ceased using our Services.
From time to time, we may use your personal information to contact you in relation to information on our Services. You can unsubscribe at any time or advise us that you withdraw your consent to these specific uses and be removed from any further marketing or information we may send.
Important Note: Our services are not a substitute for medical attention, treatment, examination, advice or diagnosis. You are responsible for consulting a doctor before commencing any new regimes or alterations to your diet or health. You take full responsibility for making the informed decision to use our Services. You hereby agree to irrevocably release and waive any claims you may have now or in the future against us.