Proposal and Fees
Commenced Date is: upon date of purchase
Coaching Package means: 3 months
Coaching Period means: 3 months
Information: A wellbeing assessment
Coaching Fees: $998 for coaching package
Cancellation Fee: $50
By reading and indicating my agreement below, I acknowledge that I have read and understood this Agreement and all terms and conditions and I agree to be legally bound by these terms and conditions.
COACHING TERMS AND CONDITIONS
These terms and conditions formalise the coaching services (“Coaching Services”) that Kylie Gillin t/as Even Flow Lifestyle Medicine [ ABN 41730532394 ] ("Even Flow Lifestyle Medicine” “we”/ “us”/”our”) will be providing. The Coaching Services will be performed personally by Kylie Gillin. 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 me
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;
- that you have the necessary and adequate technology to attend the sessions; 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
The sessions will be either weekly, fortnightly or monthly. The durations of each session will either be 30, 45, 160, 90 or 120 minutes. The initial 90 minutes of the session can be held in period if required, but following that the sessions will be held online using platforms such as Zoom, Telehealth, or any other platform as agreed upon.
The Coaching Services are valid for a period of 3 months, after which we cannot provide the Services to you. In case you have finished your sessions with us, it will be forfeited. Make-up classes will only be provided at our absolute discretion.
Reliance on Wellbeing Coaching
We are not a 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.
You must pay the full Coaching Fees at the beginning of the Services. In the event we allow you to pay the Coaching Fees in instalments, you must make payment of each instalment by the completion of the Services.
Where you wish to reschedule, cancel or seek a refund
You may re-schedule a coaching session with 48 hours prior written notice. In case you cancel within 48 hours of the session, you will be charged a Cancellation Fee. Only one re-scheduling is permitted per month to a mutually convenient time. We cannot guarantee that if you miss a coaching session we will be able to re-schedule.
Any refunds for cancelled coaching sessions are made at our sole discretion and will only be made for the current month. 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
Our Coaching Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service Agreement with us; and to a refund for the unused portion, or to compensation for its reduced value
You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the services rectified in a reasonable time and, if this is not done, to cancel your Agreement and obtain a refund for the unused portion of this Agreement.
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.
Where there is a Force Majeure Event, we will not be considered in breach of this Agreement, to the extent that our obligations are unable to be performed by such an event. We will not incur any liability to you for any Loss or Damage of any nature incurred or suffered in connection with any Force Majeure Event.
If there is a dispute
If at any time any aspect of the Coaching Services are not reasonably acceptable to you or we disagree on the quality or substance of the Coaching Services you will immediately notify us of any such reason, the specifics and will give us a reasonable opportunity to respond and address any concerns.
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 WA Australia. Both parties agree to unconditionally submit to the non-exclusive jurisdiction of the courts of WA for determining any dispute concerning this Agreement.
“Agreement” means these terms and conditions, and the Proposal.
“Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
"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.
“Force Majeure Event” means any event beyond our control which prevents us from complying with our obligations under this Agreement, including but not limited to, a pandemic, act of God, such as fires, earthquakes, floods; war or hostilities, riots, strikes, disorder or acts or threats of terrorism, or electrical failure, changes to regulations, weather events, travel limitations, venue closures.
“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 worksheets documents, information, and includes any coaching program documents or concepts.
All other capitalised terms are defined in the Proposal.