1. Definition of Terms
a) Coaching Agreement: The agreement signed between a Coach and Coaching Partner that forms the engagement details, including these terms and conditions, under which the Coaching Relationship is entered into.
b) Coaching Engagement: The total amount of sessions outlined in the Coaching Agreement.
c) Coaching Session:An individual session of Coaching as outlined in the Coaching Agreement.
d) Coach: The person implementing coaching techniques.
e) Coaching Partner: The recipient of the coaching techniques.
f) Coaching Relationship: The relationship between the Coach and the Coaching Partner.
2. Age of Consent
a) Recipients confirm they are 18 years of age or older.
3. Confidentiality
a) Any information discussed or issues raised during the Coaching Engagement period will be kept strictly confidential except under rare circumstances where:
i. decreed by law; or
ii. agreed with the Coaching Partner for a specified purpose.
b) The Coach will maintain minimal records for the sole purpose of supporting the Coaching Engagement.
c) The Coach will record the Coaching Partner’s name and contact details for the purpose of a Coaching log required for International Coach Federation credentials [https://coachfederation.org/icf-credential].
d) The Coach will record online Coaching Sessions for the sole purpose of personal professional development ONLY by first obtaining written consent from the Coaching Partner.
e) The confidentiality elements outlined in this agreement continue indefinitely beyond the Coaching Agreement time period.
4. Social Media
a) The Coach and Coaching Partner are bound by the same Terms and Conditions outlined within the social media platforms used to deliver the service (including Zoom, Microsoft Teams, Microsoft Outlook, WebEx, Facebook, LinkedIn, YouTube).
5. Ethics
a) The Coach commits to abiding by the Code of Ethics designated by the International Coach Federation [https://coachfederation.org/code-of-ethics].
6. Amendments to any Coaching Agreement
a) Amendments made to any Coaching Agreement must be made in writing an dagreed to by both the Coac and the Coaching partner, this document will then be annexed to the Coaching Agreement and form the new conditions of the Coaching Agreement from that date forward.
7. Cancellations
a) In the event of a cancellation of a Coaching Engagement or Coaching Session by the Coach. Without prejudice the Coach reserves the right to cancel at their sole discretion any part of the Coaching Engagement and/or Coaching Agreement due to:
i. Lack of confidentiality.
ii. Inappropriate relations (social, emotional, physical and/or sexual).
iii. Arising awareness or judgement as to when a Coaching Partner can be better served by alternative professional or resource.
iv. An arising, undeclared or unresolvable Conflict of Interest.
v. Extenuating circumstances including accidents, emergencies and/or unforeseeable life changing events.
vi. The Coach will confirm with the Coaching Partner as soon as practicable of any cancellations.
vii. In instances where outstanding financial monies are owed to the Coach up to the day prior to the Agreement cancellation date will be recuperated from the Coaching Partner.
b) In the event of a cancellation by the Coaching Partner. The Coaching Partner can reserve the right to cancel a Coaching Engagement under the following circumstances:
i. Extenuating circumstances including accidents, emergencies and/or unforeseeable life changing events.
ii. The Coaching Partner can legitimately demonstrate they have not received any value from the Coaching Sessions or Coaching Engagement.
8. Postponement
a) In the case of postponement by the Coach, without prejudice the Coach:
i. Reserves the right to postpone a Coaching Session or Coaching Engagement.
ii. Will make reasonable attempts to avoid postponing where possible.
iii. Will advise the Coaching Partner as soon as practicable of necessary postponements and use all reasonable efforts to reschedule as soon as practicable.
iv. The Coach is not responsible for any expenses incurred or resources expended by the Coaching Partner as a result of any postponement.
b) In the event of postponement by the Coaching Partner:
i. The Coaching Partner must provide twenty four (24) hours’ notice (preferrable email, phone call or text message) of any postponement.
ii. In the case of 7(b)(i) a penalty will not be incurred and the Coaching Engagement can be either postponed within three (3) months from its original start date or cancelled.
iii. Failure to provide twenty four (24) hours’ notice will incur a 50% administrative fee for that Coaching Engagement (except under 7(b)i and 7(b)ii.
9. Payments
a) Bank account details for Leadership and People that are to be used for payment of services rendered from the Coach to the Coaching Partner will be detailed within the Coaching Agreement.
b) Payments must be made either prior to the session date or on the day services are provided.
c) Any failure on behalf of the Coaching Partner to evidence or demonstrate commitment to payments as agreed within the Coaching Agreement may result in cancellation of that said Coaching Agreement and will result in refusal by the Coach to provide any further services until such time as outstanding payment(s) are received in full.
d) Any breach of the Coaching Agreement by the Coaching Partner will result in compensation to the Coach by the Coaching Partner for any ‘reasonable costs’ incurred by the Coach for services provided from inception of the contract up to, and including, the date of the recognised breach.
e) In the event of a Coaching Partner or their representative becoming (a) bankrupt, (b) perceived as unable to fulfill financial contractual agreements as they fall due or (c) being an individual become bankrupt, convene a meeting with creditors or propose or enter into an arrangement with creditors, or make an assignment for the benefit of creditors or (d) in the case of being a company become insolvent, convene a meeting with its creditors or makes an assignment for the benefit of company creditors; or (e) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of you or any asset of yours all means necessary will be taken to recuperate any outstanding monies for services rendered.
f) Any fee or charge administered by any financial institution used by Leadership and People that applies to any dishonoured payment attempts will be passed onto the Coaching Partner, or any representative of that Coaching Partner in terms of financial responsibility, in its entirety when a payment is unable to be processed. This includes but is not limited to, defaults on a payment due to insufficient funds in your nominated bank account, a declined credit card transaction or for those customers who default in their direct debit payments. This will also be cause for cancellation of any existing Coaching Agreement.
10. Refunds
a) Part of full refunds can be determined by the Coach at any time at their sole discretion, in agreement with the Coaching Partner or in accordance with the Terms and Conditions as set out within this document.
b) Once a refund amount has been confirmed by the Coach in writing allow up to thirty (30) days for that refund to be processed.
11. Conflict of Interest
a) Any conflict of interest (including workplace disputes) that become apparent during the Coaching Engagement must be disclosed by the Coach and/or Coaching Partner immediately as it becomes apparent.
b) In the case of an identified conflict the Coaching Engagement will proceed only once the Coach and the Coaching Partner agree to either ending the contract or identifying a satisfactory way to move forward. The outcome will be confirmed writing by the Coach.
c) In instances where the Coaching Agreement does not proceed a new Coaching Agreement may be re-negotiated if deemed appropriate by the Coach.
d) If, at any stage the Coaching Agreement becomes unclear or services appear misrepresented to either the Coach or the Coaching Partner both parties have an obligation to raise concerns as soon as this becomes apparent. The Coaching Engagement will not proceed until the Coach and the Coaching Partner both agree to a satisfactory approach to move forward.
12. Intellectual Property
a) All documents, ideas and information provided by Rachael Shaw and/or Leadership and People remains the intellectual property of Rachael Shaw and/or Leadership and People and cannot be used for any other purpose unless express approval is provided in writing.
b) You acknowledge and agree that materials provided to you contain confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorised by Rachael Shaw and/or Leadership and People, you agree not to copy, modify, rent, lease, loan, sell, distribute or create derivative works based on the materials, in whole or in part.
13. Permission to use Testimonials
a) If a Coaching Partner provides a testimonial about Leadership and People or Rachael Shaw, the testimonial may be used, in part or whole, to promote Leadership and People or Rachael Shaw in any format or medium at any time.
14. Complaints
a) Any concerns or complaints from the Coaching Partner must be raised verbally in the first instance to the Coach where immediate steps will be taken by the Coach to resolve said concerns or complaints.
b) If a complaint is not able to be resolved under 16(a) of these Terms and Conditions a formal complaint can be made in writing and emailed to rachael@leadershipandpeople.com.
c) The Coach will attempt to reach a satisfactory resolution for both parties using viable and appropriate methods of communication as deemed necessary by the Coach and provide confirmation of the outcome in writing within ten (10) full business days (not including public holidays or recreation leave days taken by the Coach) from the date the complaint is received.
d) Written responses will contain recommendations for further action if the complainant remains dissatisfied. Further steps may include (but not be limited to) a referral to NSW Fair Trading on 13 32 20 or online at www.fairtrading.nsw.gov.au.
15. Coaching Agreement
a) The Coaching Agreement forms part of the conditions under which the Coaching Engagement is delivered. This, and the Terms and Conditions, are legally binding contracts. By signing the Coaching Agreement it is acknowledged that these Terms and Conditions have been read, accepted and agreed to as binding.
16. Disclaimer
a) This material is made available on the understanding that Leadership and People is not engaged in providing any financial advice.
b) Information on any service or product is maintained by the people and business it relates to. Before relying on any of the material, users should independently verify its accuracy, currency, completeness and relevance for their purposes, and should obtain any appropriate professional advice they deem necessary.
c) The material may include views or recommendations of third parties, which do not necessarily reflect the views of Rachael Shaw or Leadership and People, or indicate its commitment to a particular course of action.
d) Links to other websites/products may be inserted in any material provided by Rachael Shaw or Leadership and People for convenience and do not constitute endorsement of material at those sites, or any associated organisation, product or service.
17. Professional Indemnity
a) A copy of any Professional Indemnity certificate will be acquired and produced upon request in accordance with any signed Coaching Agreement.
18. Public Liability
a) The Coach accepts no responsibility for the public liability of the Coaching Partner when engaged in online Coaching Sessions. It is the responsibility of the Coaching Partner to ensure they maintain their own physical and emotional safety during interactions with Rachael Shaw and/or Leadership and People.
b) Where events are held at a public venue that venue will be held responsible for all public liability related incidents or turn of events.
19. Liability
a) Nothing contained in these Terms and Conditions or any Coaching Agreement excludes, restricts or modifies any rights you have under Australian Trade laws, in particular NSW Fair Trading, which cannot be lawfully excluded or limited. For example, your rights include an assurance from us that any services provided are provided with due care and skill and that any materials supplied in connection with those services are reasonably fit for their purpose and that any goods supplied are of merchantable quality. Other than as referred to above or expressly stated in this agreement, Leadership and People nor Rachael Shaw do not make any promises or warranties, whether express or implied, about the services or any of our products.
20. Terms of Agreement
a) Leadership and People and/or Rachael Shaw reserve the right to change these Terms and Conditions from time to time in accordance with changing needs and conditions.
b) This Agreement outlines the Coaching Agreement Terms and Conditions under which any Coaching Engagement is delivered.