Offline Coaching Terms
These Terms and Conditions (T&Cs) are entered into by and between: Alison Rice Pty Ltd and the Client, whereby Alison Rice Pty Ltd agrees to provide Coaching Services for the Client focusing on the topics attached to this document as Schedule A.
Description of Coaching
Coaching is partnership (defined as an alliance, not a legal business partnership) between the Coach and the Client in a thought-provoking and creative process that inspires the Client to maximise professional potential. It is designed to facilitate the creation/development of professional or business ideas and goals.
The parties agree to engage in one or an ongoing series of Coaching Sessions on video calls and messaging platforms including but not limited to WhatsApp. Coach will be available to Client within the scheduled Coaching Session(s).
The fee for coaching within the Off— virtual space is $220 AUD per quarter (inclusive of GST), paid in full quarterly through a payment subscription. The fee for 1:1 Coaching Sessions is decided by the Coach on a case to case basis.
During 1:1 Coaching Sessions, if the Client would like to continue the call past the agreed Session timeframe and the Coach is able, the Client agrees to be invoiced at a rate of $50 every 15-minutes.
For 1:1 Coaching Sessions, full refund if Client cancels within 24 hours of the original booking time. Coach reserves the right to retain her fee for the 1:1 Coaching Session cancelled less than 24 hours of the original scheduled time.
1:1 Coaching Sessions can be rescheduled for free up to 24 hours before the original booking time.
The time of a 1:1 Coaching Session will be determined by the Client, on review of the Coach’s availability on the booking calendar. The Coach will initiate all scheduled calls using the Zoom link provided during the booking process.
The coaching relationship, as well as any information (documented or verbal) that the Client shares with the Coach and the Coach shares with the Client as part of this relationship or the Off— membership, is strictly confidential. Sessions are not to be recorded by the Client. The Coach agrees not to disclose any information pertaining to the Client without the Client’s written consent. The Coach will not disclose the Client’s name as a reference without the Client’s consent. Confidential Information does not include information that: (a) was in the Coach’s possession prior to its being furnished by the Client; (b) is generally known to the public or in the Client’s industry; (c) is obtained by the Coach from a third party, without breach of any obligation to the Client; (d) is independently developed by the Coach without use of or reference to the Client’s confidential information; or (e) the Coach is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to the Coach and as a result of such disclosure the Coach reasonably believes there to be an imminent or likely risk of danger or harm to the Client or others; and (g) involves illegal activity. The Client also acknowledges his or her continuing obligation to raise any confidentiality questions or concerns with the Coach in a timely manner.
For 1:1 Coaching Sessions, the Client agrees that it is the Client's responsibility to cancel the Coaching Session 24 hours out from the original scheduled time. Coach reserves the right to retain her fee for a Coaching Session missed by the Client or cancelled less than 24 hours of the original scheduled time.
Except as expressly provided in these T&Cs, the Coach makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the coaching services negotiated, agreed upon and rendered. In no event shall the Coach be liable to the Client for any indirect, consequential or special damages. Notwithstanding any damages that the Client may incur, the Coach’s entire liability under these T&Cs, and the Client’s exclusive remedy, shall be limited to the amount actually paid by the Client to the Coach under these T&Cs for all coaching services rendered through and including any termination date.
This document reflects the entire T&Cs between the Coach and the Client, and reflects a complete understanding of the parties with respect to the subject matter. These T&Cs supersede all prior written and oral representations. These T&Cs may not be amended, altered or supplemented except in writing signed by both the Coach and the Client.
If any provision of these T&Cs shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision in these T&Cs is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
The failure of either party to enforce any provision in these T&Cs shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of these T&Cs.
These T&Cs shall be governed and construed in accordance with the laws of New South Wales, Australia, without giving effect to any conflicts of laws provisions.
SIGNED: Alison Rice (Coach)
DATE: January 10, 2022
Team / Strategy