Coaching Terms & Conditions

Please ensure that you read the coaching terms and conditions thoroughly and fully understand the nature and scope of our coaching relationship.

DISCLAIMER: Coaching involves a strategic relationship between the Client and the Coach, where the Client is encouraged through a thought-provoking and creative process to maximize their personal and professional potential. The coaching process is designed to help the Client identify their wants and desires regarding their personal, professional, or business dreams and to establish specific goals to achieve them. The Coach will assist the Client in creating and developing their own personal strategy and plan to achieve these goals. However, the Client is solely responsible for executing and carrying out the plan

Coach-Client Relationship Terms And Conditions:

1. The relationship between the Coach and the Client is that of a principal and an independent contractor. This agreement does not make either party a joint venture, partner, employee, or agent of the other.

2. The Coach agrees to maintain the ethics and best practice standards of the generally accepted industry practice and standards.

3. The Client is solely responsible for their physical, mental, and emotional well-being, decisions, choices, actions, and results arising out of or resulting from the coaching relationship and their coaching calls and interactions with the Coach. As such, the Client agrees that the Coach is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by the Coach. The Client understands that coaching is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease.

4. The Client may terminate or discontinue the coaching relationship at any time.

5. The Client acknowledges that coaching is a comprehensive process that may involve different areas of their life, including work, finances, health, relationships, education, and recreation. The Client agrees that deciding how to handle these issues, incorporating coaching principles into those areas, and implementing choices is exclusively the Client's responsibility.

6. The Client acknowledges that coaching does not involve the diagnosis or treatment of mental disorders and that coaching is not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical, or other qualified professionals. It is the Client's exclusive responsibility to seek such independent professional guidance as needed. If the Client is currently under the care of a mental health professional, it is recommended that the Client promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by the Client and the Coach.

7. The Client understands that in order to enhance the coaching relationship, the Client agrees to communicate honestly, be open to feedback and assistance, and create the time and energy to participate fully in the program. Where possible, the Client should ensure that there is as little background noise/distraction as possible so that they can get the most from each coaching call and be heard easily by the Coach.

8. The Client should expect that they will have weekly commitments, reflective exercises, or tools to incorporate into their lifestyle, and has set aside the necessary time to be able to fully commit to the process, not merely the time for the call each week. In order to facilitate this process, the Client understands and accepts that at the end of each call, they may be asked, "What are you committed to this week?" and will be expected to commit to a specific action of their choosing.

9. The results of the services vary from person to person. For this reason, performance, progress, and success are reliant on the Client meeting their own commitments. The Coach cannot and does not guarantee any particular results, and the Client is solely responsible for their progress. If at 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 to give the Coach an opportunity to address and assist. The Coach will use any and all reasonable efforts to solve these concerns.
Nonetheless, the Coach does not guarantee or warrant any increase or altered progress or performance.

Services:

The parties agree to engage in the coaching service. Calls will typically take place over Zoom unless otherwise specified.
The Coach will be available to the Client via e-mail or WhatsApp.
The Coach expects to receive updates from the Client before the next meeting, as set out in each coaching session, to ensure accountability for the action or inaction by the Client.
Unless otherwise negotiated with the Coach, the Coach is not available to review documents, read or write reports, or engage in other client-related services outside of coaching hours.
Payment And Fees: You can book this coaching service either by direct contact with me or through my website. Unless otherwise agreed, fees are payable in advance.

REFUND POLICY:

I do not offer refunds on coaching services, as your commitment to showing up to your highest level of success is an essential part of the coaching process. You need to be fully invested in the coaching process to achieve the outcomes that are meaningful to you. However, I understand that unexpected emergencies may arise. If you suffer a family emergency (critical injury or death of a significant other/child), I may consider postponing sessions or part of the coaching package at my discretion. Loss of employment or life-changing decisions made during the coaching process is not grounds for postponing the coaching sessions to future dates.
If I, the Coach, have a family emergency, you will have the option of either:
1. Rescheduling the coaching sessions; or
2. Receiving a refund of the fees for coaching sessions.
Scheduling And Appointments: The Client agrees to set up appointments through the calendar available on https://overcomeheartbreak.com/.
Rescheduling: Changes, as available on my schedule, will be allowed 72 hours before any appointment. Please use the appointment rescheduling tools on the website to make these changes. However, changes less than 72 hours and more than 24 hours before any appointment should be confirmed with me by email, Whats App, or Messenger, as I may need to reschedule my personally allotted time for administrative work. If you cancel with less than 24 hours' notice or are a no-show for the session, your coaching session will be forfeited.
Zoom calls: I will generally provide a link for Zoom, and we will both dial in at the agreed time. This is an exclusive meeting room number for these coaching sessions with the Client. The Coach will be available at the appointed time in the Zoom room.
Phone calls: If the Client chooses to call the Coach by phone, the Client will initiate all scheduled calls and will call the Coach at the mobile number provided. If the Coach will be at any other number for a scheduled call, the Client will be notified by email and one form of instant messaging (WhatsApp) prior to the scheduled appointment time.
Late arrival: Any delay or late attendance to any scheduled sessions by the Client will finish at the nominated and agreed original time. Sessions will finish on time at the originally scheduled time unless otherwise agreed by the Client and Coach. For example, if you are 15 minutes late for a 60-minute appointment, the appointment may be shortened to 45 minutes, but the full scheduled time (60 minutes) will be deducted from any appointments pre-paid or to be billed.

Confidentiality:

This coaching relationship and any information (verbal or documented) shared by the Client with the Coach during the relationship are bound by confidentiality principles and laws applicable to both the Coach and the Client. However, please note that the Coach-Client relationship is not legally privileged, unlike the legal or medical professions, and communications are not protected by any legally recognized privilege. The Coach agrees not to disclose any information about the Client without the Client's written consent. The Coach will not use the Client's name as a reference without the Client's consent.
Confidential Information does not include information that:

1) The Coach possessed before it was provided by the Client;
(2) Is generally known to the public or in the Client's industry;
(3) The Coach obtained from a third party without breaching any obligation to the Client;
(4) The Coach independently developed without using or referring to the Client's confidential information;
(5) The Coach is required to disclose by statute, lawfully issued subpoena, or court order;
(6) 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;
(7) Involves illegal activity.
The Client acknowledges and accepts that, according to the ethics of the coaching profession, topics may be shared hypothetically and anonymously with other coaching professionals for training, supervision, mentoring, evaluation, coach professional development, and/or consultation purposes, with no reference to the Client's personal description, name, or identifying details.

Intellectual Property: The Client acknowledges and accepts that they will keep the Coach's privacy, information, and program documentation private and confidential. Any information and documentation disclosed by the Coach to the Client are confidential, proprietary, and exclusively belong to the Coach. The Coach's program is copyrighted, and original materials provided to the Client are for the Client's individual use only and are subject to a single-user license. The Client is not authorized to use any of the Coach's intellectual property for their business purposes. Any and all intellectual property, including the Coach's program and/or materials, shall remain the sole property of the Coach.
These Terms & Conditions do not give the Client a license to sell or distribute the Coach's material in any way.
If a dispute arises, both parties agree that confidentiality is paramount to the reputation of both the Client and Coach. At no time will any communications or discussions be made public. This includes, but is not limited to, social media, websites, or another party. Any public discussion or comments about either party are considered defamatory, negative, or otherwise damaging and will be subject to compensation in any mediation or litigation claim.

Your Confidential Information:
Before and throughout the course of our coaching appointments, you may share with me personal and confidential information about you and your life.

This may include, but is not limited to

A. Financial details
B. Health details
C. Goals and current state

This information will be used by me solely for providing personalised coaching services to you and maintaining my client database.
This information is securely stored in a computer with a password and in programs.
One of my highest values is integrity and as such, I will maintain all confidential information about you and your life in the strictest confidence.

Age of Clients

All clients must be 18 years or over.

Record Retention:
The Client acknowledges that during coaching sessions, the Coach may take written notes and send emails or messages to the Client via online mediums. The Coach may choose to retain or delete these messages in electronic format and keep the notes in the Client file until the coaching relationship has ended.

The Client also understands that financial transaction records will be kept in compliance with tax and income reporting regulations applicable to the Coach for accounting purposes. The Coach will maintain these records in a format of their choice (digital or print) for a period determined appropriate by their accountant or tax advisors.

Limited Liability & Indemnification:
Except as expressly provided in these Terms & Conditions, 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 Terms & Conditions, and the Client’s exclusive remedy, shall be limited to the amount actually paid by the Client to the Coach under the respect of this agreement for all coaching services rendered through and including the termination date.


The Coach is not an employee, agent, doctor, manager, therapist, public relations or business manager, registered dietician, financial analyst or adviser, psychotherapist, or accountant. Therefore, the Client understands that the Coach has not promised, shall not provide, and will not:

1. Procure or attempt to procure employment, business or sales for Client;
2. Perform any business management functions, including but not limited to account, tax, or investment consulting or advice of any nature thereto.
3. Act as a therapist, providing psychoanalysis, psychological counseling, or behavioral therapy.

4. Act as a public relations manager of any kind.

5. Act as a publicist in any way.
6. Introduce the Client to any of Coach’s network of contacts, partners, or business partners.

The Client fully understands that a relationship and/or partnership does not exist between the parties upon the conclusion of the Coaching Contract, and that in no shape or form does the Term and Condition create any type of partnership or agreement between the parties other than what is specifically covered therein.

Furthermore, some of the services covered in the coaching may involve health or other personal management discussions. These services and the information provided should not replace discussions with qualified healthcare or other relevant professionals and should not be used to diagnose or replace any professional treatment and/or management of any condition. Any decision about the Client’s treatment and management of any condition should be made with the relevant healthcare professional, and the Client agrees and acknowledges that any reliance on any information, discussion, or recommendation is done at their own risk. The Client is at all times responsible for their physical health and emotional well-being. By engaging the Coach, the Client agrees that they alone are responsible for all outcomes and achievements by participating in the services, and the Coach cannot guarantee nor be responsible for any results, no matter how incurred.

Dispute Resolution:

If we are unable to resolve a dispute through negotiation and discussion within 14 days, we agree to proceed to mediation with the assistance of an independent accredited mediator. If the dispute is not resolved through mediation and legal action is taken, the prevailing party shall be entitled to recover attorney’s fees and court costs from the other party. All information exchanged during the meeting or any subsequent dispute resolution process shall be regarded as “Without prejudice” communications for the purpose of settlement negotiations and treated as confidential by us and our representatives unless otherwise required by law. However, evidence that is independently admissible or discoverable shall not be rendered inadmissible or non-discoverable by virtue of its use during the dispute resolution process.
Alternative Dispute Resolution
A) The mediator is to be appointed by agreement between us. If an agreement cannot be reached within twenty-one (21) days of the first notification of the dispute, the mediator will be appointed by a person designated by the President of the Victoria (Australia) Law Society.

B) We agree to share the costs of mediation equally between us.

Litigation:

It is a condition precedent to the right of either of us to commence litigation other than for interlocutory relief that we have first offered to submit the dispute to mediation. Litigation is considered a last resort and may not be commenced until, in the opinion of the independent mediator, the potential for negotiation and mediation has been exhausted.
Severability:
If any provision of the Terms & Conditions 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 the Terms & Conditions 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.

Waiver:

The failure of either party to enforce any provision of the Terms & Conditions 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 the Terms & Conditions.
Applicable Law:
The Terms & Conditions shall be governed and construed in accordance with the laws of Victoria Australia, without giving effect to any Conflicts of Laws provisions.
Binding Effect:
The Terms & Conditions shall be binding upon the parties hereto and their respective successors and permissible assigns.

Record Retention:

The Client acknowledges that during coaching sessions, the Coach may take written notes and send emails or messages to the Client via online mediums. The Coach may choose to retain or delete these messages in electronic format and keep the notes in the Client file until the coaching relationship has ended.

The Client also understands that financial transaction records will be kept in compliance with tax and income reporting regulations applicable to the Coach for accounting purposes. The Coach will maintain these records in a format of their choice (digital or print) for a period determined appropriate by their accountant or tax advisors.

Limited Liability & Indemnification:

Except as expressly provided in these Terms & Conditions, 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 Terms & Conditions, and the Client’s exclusive remedy, shall be limited to the amount actually paid by the Client to the Coach under the respect of this agreement for all coaching services rendered through and including the termination date.
The Coach is not an employee, agent, doctor, manager, therapist, public relations or business manager, registered dietician, financial analyst or adviser, psychotherapist, or accountant. Therefore, the Client understands that the Coach has not promised, shall not provide, and will not:
1. Procure or attempt to procure employment, business or sales for Client;
2. Perform any business management functions, including but not limited to account, tax, or investment consulting or advice of any nature thereto.
3. Act as a therapist, providing psychoanalysis, psychological counseling, or behavioral therapy.
4. Act as a public relations manager of any kind.
5. Act as a publicist in any way.
6. Introduce the Client to any of Coach’s network of contacts, partners, or business partners.
The Client fully understands that a relationship and/or partnership does not exist between the parties upon the conclusion of the Coaching Contract, and that in no shape or form does the Term and Condition create any type of partnership or agreement between the parties other than what is specifically covered therein.
Furthermore, some of the services covered in the coaching may involve health or other personal management discussions. These services and the information provided should not replace discussions with qualified healthcare or other relevant professionals and should not be used to diagnose or replace any professional treatment and/or management of any condition. Any decision about the Client’s treatment and management of any condition should be made with the relevant healthcare professional, and the Client agrees and acknowledges that any reliance on any information, discussion, or recommendation is done at their own risk. The Client is at all times responsible for their physical health and emotional well-being. By engaging the Coach, the Client agrees that they alone are responsible for all outcomes and achievements by participating in the services, and the Coach cannot guarantee nor be responsible for any results, no matter how incurred.

Dispute Resolution:

If we are unable to resolve a dispute through negotiation and discussion within 14 days, we agree to proceed to mediation with the assistance of an independent accredited mediator. If the dispute is not resolved through mediation and legal action is taken, the prevailing party shall be entitled to recover attorney’s fees and court costs from the other party. All information exchanged during the meeting or any subsequent dispute resolution process shall be regarded as “Without prejudice” communications for the purpose of settlement negotiations and treated as confidential by us and our representatives unless otherwise required by law. However, evidence that is independently admissible or discoverable shall not be rendered inadmissible or non-discoverable by virtue of its use during the dispute resolution process.
Alternative Dispute Resolution
A) The mediator is to be appointed by agreement between us. If an agreement cannot be reached within twenty-one (21) days of the first notification of the dispute, the mediator will be appointed by a person designated by the President of the Victoria (Australia) Law Society.
B) We agree to share the costs of mediation equally between us.
Litigation
It is a condition precedent to the right of either of us to commence litigation other than for interlocutory relief that we have first offered to submit the dispute to mediation. Litigation is considered a last resort and may not be commenced until, in the opinion of the independent mediator, the potential for negotiation and mediation has been exhausted.

Waiver:

The failure of either party to enforce any provision of the Terms & Conditions 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 the Terms & Conditions.

Applicable Law:

The Terms & Conditions shall be governed and construed in accordance with the laws of Victoria Australia, without giving effect to any Conflicts of Laws provisions.

Binding Effect:

The Terms & Conditions shall be binding upon the parties hereto and their respective successors and permissible assigns.

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