Please read these Terms and Conditions thoroughly before accessing or using the information and Services available in this document. The Services are offered to You conditional upon Your acceptance of these Terms and Conditions. If You are from outside Australia, You are also responsible for ensuring compliance with all applicable laws in the place where You are located.
Coaching Agreement (the “Agreement”)
This Agreement is entered into whereby the Coach agrees to provide Coaching Services for the Client focusing on the topics, results, outcomes, and goals as outlined in Schedule A attached to this agreement.
Background
Description of Coaching: Coaching is a partnership between the Coach and the Client in a thought-provoking and creative process that inspires the Client to maximise personal and professional potential. It is designed to facilitate the creation and development of personal, professional, or business goals and to develop and carry out a strategy and/or plan for achieving those goals.
In Consideration Of the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Coach (individually the “Party” and collectively the “Parties” to this Agreement) agree as follows:
Services Provided
The Parties hereby agree to engage in the Services set out in Schedule A (the “Services”). The Services will also include any other consulting tasks which the Parties may agree on. The Consultant hereby agrees to provide such Services to the Client.
Term Of Agreement
The term of this Agreement (the “Term”) will begin on the date of this Agreement and will remain in full force and effect until the completion of the Services, subject to earlier termination as provided in this Agreement. The Term may be extended with the written consent of the Parties.
Performance
The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.
The Coach - Client Relationship
The Coach agrees to maintain the ethics and standards of behaviour established by the International Coach Federation (ICF) www.coachfederation.org/ethics.
The Client is solely responsible for creating and implementing their own 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. The Coach is not and will not be liable 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. A Coach is not a medical practitioner.
The Client further acknowledges that they may terminate or discontinue the coaching relationship at any time. See the 'Termination Clause'.
The Client acknowledges that coaching is a comprehensive process that may involve all aspects of their life, including work, finances, health, relationships,
education, and recreation. The Client agrees that deciding how to handle these issues, incorporate coaching principles into those areas, and implement choices is exclusively the Client’s responsibility.
Coaching does not involve the diagnosis or treatment of mental disorders as defined by PsyBA and is not to be used as a substitute for counselling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by 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, the Client is required to disclose this to the Coach immediately and provide written consent from their medical practitioner before coaching can commence. The Coach may refuse to provide coaching services in this situation.
The Client agrees to communicate honestly, be open to feedback and assistance, and to create the time and energy to participate fully in the coaching program.
Coaching Program
The type of Coaching Program the Client will be presented with will depend upon the outcome the Client wishes to achieve and the time, money, and commitment the Client is willing to honour. The costs of all resources within your Program are included in your Coaching Fee, as agreed prior to Coaching commencing and as detailed on your invoice.
Where resources are added to your Program that are considered 'extra' to those negotiated and agreed upon (such as books, profiling reports, etc.), your Coach will gain your approval to use and charge you for them prior to delivery.
Your Program can include one or all modes of delivery as follows: online, and telephone. The modes of service you will experience will be as agreed upon by you and the Coach prior to the commencement of service.
Email and phone contact between sessions will be as outlined and agreed upon in your first coaching session.
You are required to give at least 48 hours' notice of session cancellation. Where a Client fails to attend a confirmed coaching session, the Client may forfeit their paid fee at the discretion of the Coach.
Coaching Sessions
Coaching sessions are scheduled in advance and are mandatory to ensure the most beneficial outcomes for the Client. The Client is expected to attend all scheduled sessions unless prior arrangements are made.
Scheduling: All coaching sessions must be scheduled in advance based on mutual availability. The Client and Coach will agree on session times at the beginning of the coaching relationship.
Attendance: The Client is expected to attend all scheduled sessions punctually. Consistent attendance is crucial for achieving desired outcomes.
No-Show Policy: If the Client fails to attend a scheduled session without prior notice, the session fee may be forfeited at the discretion of the Coach.
Rescheduling: If a session is cancelled with the required notice, the Coach will work with the Client to reschedule the session at a mutually convenient time.
Emergency Cancellations: In case of emergencies, the Coach may allow for short-notice cancellations or rescheduling at their discretion.
Coach Availability: The Coach will make reasonable efforts to be available for all scheduled sessions. In the rare event that the Coach needs to cancel a session, it will be rescheduled at a mutually convenient time.
Preparation: The Client is expected to come prepared to each session, having completed any assignments or reflections from previous sessions. This preparation is essential for making progress.
Follow-Up: The Client may contact the Coach via email and messaging for follow-up questions or brief check-ins between sessions, as agreed upon in the initial session.
Procedure
The time of the phone/online coaching sessions will be determined by the Coach and Client based on a mutually agreed upon time. The Client will be prepared for all scheduled calls and will be ready to work with the Coach online or on the number provided.
This schedule should be read in conjunction with the Coaching Agreement presented to you at this time.
Availability
The Coach will be available to the Client by email and messaging platforms in between scheduled meetings as defined by the Coach in session #1. The Coach may also be available for additional time, per the Client’s needs, as defined and agreed to by the Coach prior to service delivery, at the hourly/project rate confirmed. Any additional availability will be discussed and agreed upon as needed.
Confidentiality
Confidential information (the “Confidential Information”) refers to any data or information relating to either Party, whether business or personal, which would reasonably be considered private or proprietary to the Party and that is not generally known and where the release of that Confidential Information could reasonably be expected to cause harm to the Party. Both Parties agree that they will not disclose, divulge, reveal, report, or use, for any purpose, any Confidential Information obtained except as authorised by either Party or as required by law. The obligations of confidentiality will apply during the Term and will end on the termination of this Agreement except in the case of any Confidential Information which is a trade secret, in which case those obligations will last indefinitely. All written and oral information and material disclosed or provided by either Party under this Agreement is Confidential Information, regardless of whether it was provided before or after the date of this Agreement or how it was provided to the Parties.
Code of Conduct
The Client is expected to conduct themselves professionally and respectfully at all times during interactions with the Coach. Confidential information shared within the sessions must remain confidential, and respecting the privacy of the Coach and the Client is paramount.
Health and Wellbeing Disclaimer
You acknowledge that the services provided are not a substitute for professional medical, psychological, or legal advice. These services do not diagnose, treat, or manage any medical or psychological conditions. You agree to participate in these services voluntarily and at your own risk. If you experience any discomfort or pain during the sessions, you agree to immediately notify the Coach and discontinue participation. It is your responsibility to ensure that you have consulted with your healthcare provider before beginning any new health-related program. Please provide the Coach with a comprehensive medical profile before starting the services to ensure safety during participation.
The coaches at SAM HENDERSON COACHING are not licensed medical professionals, and their advice should not be seen as medical or psychological counsel. You indemnify SAM HENDERSON COACHING and its coaches against any claims, costs, or injuries that may arise from your participation in the services. This includes any conditions that may become apparent as a result of participation .SAM HENDERSON COACHING reserves the right to refuse service or terminate services to anyone deemed unsuitable for the programs offered, at any point, with no obligation to provide extended notice or reason.
Use of Service
The Services are impacted by the time You dedicate to Our Services. You understand that results are not guaranteed and are directly impacted by Your ability to integrate and apply the techniques into your life. You may use Our Services and other documents in relation to the work for which they were prepared. We do not take responsibility for the re-use or reproduction of Our Services, documents, or techniques.
Currency
Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in $AUD (Australian Dollars) excluding GST (Goods and Services Tax).
Payment
The Client agrees to the following payment terms for the coaching services provided by SAM HENDERSON COACHING:
Payment Per session: Payment is required in full prior to coaching services being delivered via the payment method of your choice, available to you on the Coaching invoice.
Invoices: Invoices will be provided to the Client and must be paid prior to the commencement of each session.
Taxes and Duties: The Payment does not include Goods and Services Tax (GST) or other applicable duties as may be required by law. Any sales tax and duties required by law will be charged to the Client in addition to the Payment.
EFT Payments: Where paying by EFT, a payment receipt is to be emailed to the Coach at the time of payment being made.
Transfer of Fees: At the discretion of the Coach, paid fees may be transferred to a future session date where a session has been cancelled by the Client with more than 48 hours' notice in writing.
Coach Cancellation: In the extreme and unusual case where the Coach cancels a session, the fee paid by the Client will be transferred to a future session—a refund will not be issued. Please see 'Refund Policy'.
Service Suspension: The Coach may suspend services where payment has not been received.
Termination of Services: In the unlikely event where the Coach terminates service provision, all fees paid against sessions not yet delivered to/consumed by the Client will be returned to the client in full, within 48 hours of service termination advice in writing by the Coach.
Coaching Fees
Standard Fees: Unless arranged otherwise, standard 1:1 fees are as follows:
Session Rate: $300 ex. GST. These fees cover your one-on-one coaching sessions, all resources used within the program (unless specified as additional costs), and communication with your Coach via phone and email between sessions, as agreed upon in our initial session.
Schedule and Fees
The delivery of coaching services shall be charged as per the 'Fees' noted in this Schedule. This includes coaching sessions, between-session emails/calls, and any other provided services.
The length of each coaching session is detailed in the 'Session Duration' section of this Schedule.
If rates change before this agreement has been signed and dated, the prevailing rates will apply.
The 'Refund Policy' in effect for the term of this Agreement is detailed in this Schedule.
Refund Policy
Refunds will not be issued where:
- The Client fails to attend a pre-confirmed session (online or via phone). At the discretion of the Coach, a new session time may be arranged.
- The Client terminates a pre-purchased program of coaching. At the discretion of the Coach, a percentage of the fee may be refunded, depending upon the notice period and reason for termination.
- The Client cancels a pre-purchased session with less than 48 hours' notice. At the discretion of the Coach, a new session time may be arranged.
- The Coach cancels a coaching session—in this instance, a new session time will be arranged.
- Upon completion of a coaching session—no refunds apply.Session Duration
- Depending upon the Coaching Program you purchase, the duration of time in each session will be confirmed with you prior to coaching commencing. Please always be on time for your sessions. The Coach may not be able to add time onto the end of a planned session if you arrive late.
Referral Program
Refer a friend, and if they sign up for a package, you are entitled to 1 hour free session or 10% off your next package.
They must be a new client with no prior engagement with Sam Henderson Coaching.
We must not have an existing relationship with the new client.
You are entitled to this once the new client completes their first paid session or program.
NO EXCLUSIVITY
The Parties acknowledge that this Agreement is non-exclusive and that either Party will be free, during and after the Term, to engage or contract with third parties for the provision of services similar to the Services.
NOTICE
All notices, requests, demands, or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties at the following addresses:
or to such other addresses as either Party may from time to time notify the other.
INDEMNIFICATION
Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees, and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.
