Coaching Agreement

These terms and conditions form the basis of the agreement between you and
Observance (ABN 27 347 295 433)

1. As a client, I understand and agree that I am fully responsible for my physical,
mental and emotional well-being during my coaching calls, including my choices
and decisions. I am aware that I can choose to discontinue coaching at any time.

2. I understand that “coaching” is a Professional-Client relationship I have with my
coach that is designed to facilitate the creation/development of personal,
professional or business goals and to develop and carry out a strategy/plan for
achieving those goals.

3. I understand that coaching is a comprehensive process that may involve all areas
of my life, including work, finances, health, relationships, education and recreation.
I acknowledge that deciding how to handle these issues, incorporate coaching into
those areas, and implement my choices is exclusively my responsibility.

4. I understand that coaching does not involve the diagnosis or treatment of mental
disorders. I understand that coaching is not a substitute for counselling,
psychotherapy, psychoanalysis, mental health care or substance abuse treatment.

5. I promise that if I am currently in therapy or otherwise under the care of a mental
health professional, that I have consulted with the mental health care provider
regarding the advisability of working with a coach and that this person is aware of
my decision to proceed with the coaching relationship.

6. I understand that information will be held as confidential unless I state otherwise, in
writing, except as required by law.

7. I understand that certain topics may be anonymously and hypothetically shared
with other coaching professionals for training OR consultation purposes

8. I understand that coaching is not to be used as a substitute for professional
advice by legal, medical, financial, business, spiritual or other qualified
professionals. I will seek independent professional guidance for legal, medical,
financial, business, spiritual or other matters. I understand that all decisions in
these areas are exclusively mine and I acknowledge that my decisions and my
actions regarding them are my sole responsibility.

Fees:

Fees of AUD$1500 for this Program is non-refundable.

You should keep a copy of these terms and conditions for your records.

Enrolment and Payment

1. Intake periods for certain Observance Programs, are seasonal and
commence in certain months of the year. In the event that numbers have been
exceeded for your required intake period, you will be admitted into the next
available intake period. If the timeslots have run out, we will refund your money.

2. You acknowledge that if you are accepted into the Selected Observance
Program, you are responsible for the payment of fees, regardless of whether you
actually attend or complete the work involved and regardless of whether you
have selected a Paid In Full Payment or Payment Plan. No refunds will be
issued and all payments must be made. 

3. Upon registering and confirming the date of your Program, if no reasonable
reason has been given to transfer dates or you do not show up, there will be a
transfer/no-show fee. This fee is payable if changed within 7 days of the event
date or if you do not attend your registered event. The fee is payable each time
you change your date or do not attend a chosen date. 

Refunds and termination 

1. Occasionally we may need to cancel a Program or a Session in events
such as Coach being ill, or facing exceptional circumstances. We will make
every effort to reschedule your Observance Session or Selected
Observance Program. In the rare and unlikely event of a cancellation
without reschedule, the payment made in advance will apply for the next
respective session. Observance will have no further liability to participants
in respect to cancellation without rescheduling. 

2. Observance will give 2 weeks’ notice to terminate the agreement for
convenience.

3. Observance has a right to terminate the agreement at any time for
termination of cause effective next day in an event where there is an
disagreement between the client and the coach, and if the coach finds the
client disrespectful

Your commitment 

By signing this Agreement, you agree that you will: 

1. Participate in the activities and perform the tasks assigned to you by 
2. Commit for the full duration of the Selected Observance Program; and 

3. Complete all coaching sessions included in the Selected
Observance Program. 
4. By signing the Application Form, you agree that we may, at our sole
discretion, terminate this agreement and limit, suspend or terminate your
participation in the Selected Observance Program without refund of payments
made if you: 

a) Breach these terms; 

b) Become disruptive or difficult to work with; 

c) Fail to follow the guidelines of the program; or 

4 Impair or otherwise interfere with the participation of our instructors or any
other Participant in the program. 

We respect your confidential and proprietary information, ideas, plans and
trade secrets (“Confidential Information”). Accordingly, you agree to: 

1. keep confidential and not disclose to any person any Confidential 

Information belonging to any other Participant in the program; 

2. not infringe the copyright, patent, trademark, trade secret or other intellectual
property rights of any other participant or Observance. 

3. only use the Confidential Information of any other participant for the
purposes of discussion during the program. 

4. You acknowledge that by entering this agreement, you represent to
Observance that payment of the fees for your Observance Program will not
place a significant financial burden on you or your family.

Disclaimer and disclosure 

1. We do not offer a guarantee that you will achieve the same or similar results.
Your success depends on many factors, including your background,
dedication, participation, desire, and motivation. 

2. If the Selected Observance Program is prevented or cancelled due of an
unforeseeable act of God, an inevitable accident, fire, blackout, flood or any
other calamity, or if by reason of strikes, or lockouts, or any other events
beyond the direct control of the organiser, then we may reschedule the
Observance Program. 

Intellectual Property 

1. All material relating to Observance Programs are subject to copyright and
other intellectual property rights. The copyright in all such materials remains
the property of their respective owners and may not be recorded, used or 
reproduced, without the express written permission of the copyright owner.
You agree not, at any time, to do anything that would infringe the intellectual
property rights in such materials. 

2. You agree that damages may be an inadequate remedy to a breach of
these Terms and acknowledge that Observance will be entitled to seek
injunctive relief if such steps are necessary to prevent violations of its
intellectual property rights. 

Indemnity 

You agree to fully indemnify and keep indemnified Observance in an event
of
1. any Losses suffered by any person; or 
2. any claim made against Observance, including but not limited to all costs
on an indemnity basis; 

by reason of your negligence or breach of these terms, or arising out of any
circumstance relating to your participation in the Selected Observance
Program. 

General 

1. The laws of the state of New South Wales govern this agreement. 

2. Should any part of this agreement be determined by a court to be invalid
or unenforceable, the remainder of the agreement will be unaffected. 

3. The failure of Observance or any third party supplier to enforce any
provision of this Agreement shall not constitute or be construed as a waiver
of such provision or of the right to enforce it at a later time. 

4. This agreement may not be varied except with the written approval of a
director of Observance. 

5. All terms, conditions and warranties implied by statute that are excludable
are excluded from this agreement. Such terms, conditions and warranties
implied by statute that are not excludable are not excluded from this
agreement but our liability for breach of such conditions and warranties
implied by statute that are not excludable is limited to the total amount paid
by you to titute under this agreement. 

Services:

The services to be provided by the coach to the client are zoom/ Skype-
coaching, as agreed jointly with the client. Coaching may address specific
personal projects, business successes, or general conditions in the client's
life or profession.
Other coaching services include value clarification, brainstorming,
identifying plans of action, examining modes of operating in life, asking
clarifying questions, and making empowering requests or suggestions for
action. Throughout the working relationship, the coach will engage in direct
and personal conversations.
The client understands that successful coaching requires a co-active
collaborative approach between client and coach. In the coaching
relationship, the coach plays the role of a facilitator of change, but it is the
client's responsibility to enact or bring about the change. If the client
believes the coaching is not working as desired, the
client will communicate and take action to return the power to the coaching
relationship.

Prior History:

The client also agrees to disclose details of the past or present psychological or
psychiatric treatment. In entering into the coaching relationship, and signing the
agreement, you are agreeing that if any mental health difficulties arise during the
course of the coaching relationship, you will notify me immediately so that I can
discuss with you appropriate steps and if any additional referrals are needed.

Privacy:

The client can, at any point in the coaching session, declare his/her preference not to
discuss a specific issue, by simply stating that they would rather not discuss this issue.
The coach agrees to respect this boundary and will not attempt to forward the
conversation further along those lines.

Confidentiality:

All information about the coach / client relationship will remain strictly confidential                                except in very rare circumstances where decreed by law; ie. where the court might
issue a subpoena for the file or information.
If you wish for me as your coach to speak to someone outside our interactions, then
you need to give me written permission (original letter, fax or email) to do so.
Exceptions to confidentiality of course relate to circumstances such as intent to
seriously harm someone, child abuse etc. Otherwise, all your information is
confidential.
It is also important to note that in some situations, it is important to be aware of the use
of technology in that for some clients, there is a risk in using certain media such as the
internet, mobile phones and cordless phones. If you use these to communicate with
me, then I will assume that it is appropriate to continue to do so in my interactions with
you.
Each party undertakes to the other that it, its officers, employees, agents and
subcontractors will not, without the consent of the other party (which consent will not
unreasonably be withheld or delayed), disclose Confidential Information to any person,
unless the disclosure:
(a) is of Confidential Information already within the public domain other than
as a result of a breach of this Agreement;
(b) is of Confidential Information already known to that person (as evidenced
by the person’s written records) at the date of disclosure;
(c) is to be made to the professional advisers of the disclosing party, provided
that the disclosee agrees to keep the Confidential Information confidential;
(d) is to be made to a related body corporate (within the meaning of the
Corporations Act) of the disclosing party, provided that the disclosee
agrees to keep the Confidential Information confidential;
(e) is required by Law, or any Governmental Agency acting or purporting to act
within its powers and functions;
(f) is reasonably necessary for the purposes of any mediation, arbitration or
legal proceeding involving one of the parties to this Agreement or
(g) is by a party to this Agreement, in connection with its sale or the sale of all
or a substantial proportion of that party’s assets, provided that the
disclosee agrees to keep the Confidential Information confidential.

Disclosure for purposes of this Agreement

Each party must take all steps reasonably necessary to ensure that Confidential
Information is disclosed only to such of its officers, employees, agents or
subcontractors as require that knowledge: in order to carry out their duties in
accordance with this Agreement

Entire agreement
This Agreement contains the entire agreement between the parties with respect
to its subject matter and supersedes all prior agreements and understandings
between the parties in connection with it.

Amendment
No amendment or variation of this Agreement is valid or binding on a party unless
made in writing and executed by both parties.

No waiver
No failure to exercise nor any delay in exercising any right, power or remedy by a
party operates as a waiver. A single or partial exercise of any right, power or
remedy does not preclude any other or further exercise of that or any other right,
power or remedy. A waiver is not valid or binding on the party granting that
waiver unless made in writing.

Severability of provisions
Any provision of this Agreement that is prohibited or unenforceable in any
jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or
unenforceability. That does not invalidate the remaining provisions of this
Agreement nor affect the validity or enforceability of that provision in any other
jurisdiction.

Further assurances
Each party agrees to do all things and execute all deeds, instruments, transfers or
other documents as may be necessary or desirable to give full effect to the
provisions of this Agreement and the transactions contemplated by it.