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Coaching Agreement

This Coaching Agreement (the “Agreement”) is entered into on the date that the first payment is processed through the checkout. ­­ .

The agreement is entered into by the “Coach”, Rachel Lounds, and the “Client” (purchaser of the program), collectively “the Parties.”

Purpose of Agreement: The purpose of this Agreement is to develop a coaching relationship between the Parties in order to cultivate the Client’s personal goals and create plans to carry out those goals through video trainings and groups calls, with the ultimate result of maximising the Client’s personal potential (“Coaching Services”).

The Parties agree to the following:

Coaching Schedule. The Coach will release select videos each week to the platform in which clients will have access. Calls are scheduled weekly within the program period.

Coaching Fees ($AUD). The Client will be charged a full rate at the time of the purchase or will pay via payment plan. Payments via payment plan are to be made as agreed upon at the time of checkout. If payment is not provided, it is up to the Coach to decide whether a second attempt of the payment will be tried again. If further payment is not provided, the Coach has permission to prevent any further access to the program and the Client is not entitled to a refund.

- Payments made by credit/debit card may subject to a 2.6% payment fee

- Payment terms are 5 days upon receipt of a tax invoice for any other programs 1:1 or corporate workshops.

Coaching Refunds. There are no refunds. due to the nature of the programs and coaching the client is given access to information immediately. Should the Client wish to cancel their agreement they will need to supply 3 days notice, during which their cancellation will be processed and not when the next payment is due. The Coach shall have no further liability in respect of the cancellation.

Coach – Client Relationship – Duties & Responsibilities. A coaching relationship is a partnership between two or more individuals or entities and is not a legal partnership. The Parties must uphold their obligations for the coaching relationship to be successful, including the development and implementation of goals and plans to achieve results.

1. Coach agrees to assist the Client with achieving their goals and obtaining results through pre-recorded modules over the course of the program and, if relevant, during 1:1 sessions of a 1:1 program or in group sessions of a group coaching setting.

2. Client agrees to communicate honestly, be open to feedback and suggestions, and to prepare and commit for each scheduled session to ensure a constructive dialogue can take place during coaching sessions.

3. Client is solely responsible for implementing the techniques discovered through coaching.

4. Any additional exercises participated in by the client by guest experts (when available), is entered into voluntarily by the Client, it is the Client’s responsibility to determine whether there is any personal risks involved before participating in any activity. The Coach holds no liability over outcomes these sorts of activity may result in.

Confidentiality. This coaching relationship, as well as all information (physical or verbal) that the Client shares with the Coach, and vice versa as part of this relationship, will be considered strictly confidential. All matters discussed between the Parties whether in person, via phone, video or email, remain fully confidential, records will be kept and disposed of in accordance with appropriate privacy laws. Confidential Information will not be copied, reproduced or disclosed to any person, without prior written consent of the Client or Coach. Reasonable steps will be taken to ensure that the Confidential Information shared with the Client or Coach is kept confidential and protected against un-authorised use and access. Confidential Information will be used solely for the purposes of the Services and for no other purpose.

Intellectual Property. Coach’s materials are copyrighted and original materials that have been provided to the Client are for Client’s individual use only and a single-user license. Client is not authorised to use any of Coach’s intellectual property for Client’s business purposes. All intellectual property, including but not limited to Coach copyrighted program and/or course materials, shall remain the sole property of the Coach. No license to sell or distribute Coach’s materials is granted or implied.

The Client agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any Confidential Information shared by the Company is confidential and proprietary, and belongs solely and exclusively to the Company, (3) Client agrees not to disclose such information to any other person or use it in any manner other than in discussion with the Coach. The Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, the Coach will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.

Cancellation Policy. For 1:1 private coaching clients, where 1:1 calls are undertaken. Client agrees to notify Coach over 24 hours in advance of any scheduled session that he/she needs to cancel. Coach reserves the right to charge the Client for the scheduled session for a missed/cancelled meeting, meaning the scheduled session will be considered as a ‘completed’ Coaching session.

Cancellation Policy. For group coaching clients. Please note that to cancel your group coaching monthly membership you can do so by giving 3 Business days’ notice and emailing [email protected] Your membership will cancel within 3 days of you sending your cancellation request - not on the next payment date. There will be no refunds and no holds under any circumstance.

Limited Liability. 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 this Agreement, and the Client’s exclusive remedy, shall be limited to the amount actually paid by the Client to the Coach under this Agreement for all coaching services rendered through and including the termination date. Client agrees that the Coach is not liable or responsible for any actions or inactions, or for any direct or indirect result of any services provided by the Coach.

Entire Agreement. This document reflects the entire agreement between the Coach and the Client and reflects a complete understanding of the parties with respect to the subject matter. This Agreement supersedes all prior written and oral representations. The Agreement may not be amended, altered or supplemented except in writing signed by both the Coach and the Client.

Dispute Resolution and Legal Fees. In the event of a dispute arising out of this Agreement that cannot be resolved by mutual agreement, the Parties agree to engage in mediation. If the matter cannot be resolved through mediation, and legal action ensues, the successful party will be entitled to its legal fees, including, but not limited to its attorneys’ fees.

Legal and Binding Agreement. This Agreement is legal and binding between the Parties as stated above. This Agreement may be entered into and is legal and binding both in Australia and any other country throughout the world. The Parties each represent that they have the authority to enter into this Agreement.

Severability. If any provision of this Agreement 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 of this Agreement is invalid or enforceable, 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.

Waiver. The failure of either party to enforce any provision of this Agreement 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 this Agreement.

Disclosures. Client acknowledges: That neither the Coach nor any of the Coach’s representatives or any person the Coach engages, perform the services as an investment advisor or licensed by ASIC or any other governmental authority to provide investment advice. That the program or seminar service does not purport to provide investment advice or operate an investment advice business (as defined in the Corporations Act 2001). That Coaching is not advice, therapy or counselling. The Coach does not provide financial, taxation, legal or accounting advice. The Client is obligated to consider their personal and business objectives, financial situation and other personal or business needs or obligations, before taking or refraining from taking any steps based on information or suggestions provided throughout the Coaching Schedule. Services may include, but not be limited to, values clarification, business brainstorming, identifying and creating plans, examining modes of operating and teaching tools to assist personal transformation. That neither the Coach nor any of the Coach representatives or any person the Coach engages, perform the services as advice as professional mental health therapist, or therapist of any kind. For these matters, please seek professional medical advice from a third party. The Coach’s focus in your coaching is to help you get results in the present and in the future.

Applicable Law. This Agreement shall be governed and construed in accordance with the laws of the state where both Parties reside, without giving effect to any conflicts of laws provisions. If the Parties reside in different states, this Agreement shall be governed and construed in accordance with the laws of the New South Wales, Australia, without giving effect to any conflicts of laws provisions.

The Parties agree to the terms and conditions above by accepting the terms and conditions at checkout page.