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: All fees are paid for in full in advance, unless specified by the prior agreement. This is a coaching package for a period of 3 months. By signing the Application Form, paying the Minimum Deposit, or by signing up online to an Observance Package, you agree to be bound by these Terms and Conditions (“Terms”) and our

Privacy Policy. 

We suggest that before you sign the registration form or orally agree to us providing Services that you read through these terms and conditions. If you have any questions concerning them please ask us.  You should keep a copy of these terms and conditions for your records. 

Enrolment and Payment

1. Enrolment in the Selected Observance Program is subject to approval by Observance. The application process consists of: 

1.1 Payment of the Minimum Deposit, or if applicable, a Paid in Full Payment. 

2.1 Ensure your suitability for enrolment in the Selected Observance Program; 

2.2 Confirm your intention to commit to this Agreement for the full term; and 

2.3 If applicable, tailor the Selected Observance Program to your specific business and personal needs. 

3. Payment for the Selected Observance Program may be made either by a Paid in Full Payment at the time of enrolment, or by way of a Payment Plan. 

4. The price does not include travel or accommodation costs associated with any Event included in the Selected Observance Program. 

5. You acknowledge that if you are accepted into the Selected Observance Program, you are responsible for the payment of fees for the entire course of the Selected Observance Program, 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. 

6. Where you have selected to pay by Payment Plan, the first installment will be payable at the time of completing the Application Form. 

7. 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. 

8. 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. 

3 Month Program Fee Upfront: $975

3 Month Program Fee with Payment Plan: $1,200

Cooling off Period:

1. If you choose to cancel your enrolment for any reason within 7 days of signing the Application Form (the “cooling-off period”), then we will refund you 

2. The cooling off period commences on the date of signing the Application Form, regardless of when your enrolment is accepted by Observance or when the total Minimum Deposit is paid. 

3. Notice of cancellation within the cooling off period must be given by email to ritusingh@qualitymindglobal.com with “Cooling Off Cancellation” in the subject line of the email. 

4. Refunds claimed within the cooling off period will be approved within 7 days and processed within 10 days of being approved by Observance.

5. After expiry of the cooling off period, cancellations will not be accepted for any reason. Payment for

Enrolments – Payment Plan Option

1. Changes to an Observance Payment Plan are at the absolute discretion of Observance. Any request for changes to an Observance Payment Plan must be sent in writing to observanceaustralia@gmail.com 

2. If Observance is unable to recoup payments payable by you under a Payment Plan by reason of cancellation of your credit or debit card, Observance reserves the right to issue an invoice to you for the balance of all monies due for the Selected Observance Program

Outstanding fees 
1. In the event that the fees are outstanding, Observance reserves a right to charge interest on all money outstanding in accordance with the General Interest Charge as published by the Australian Taxation Office from time to time; 

2. Report the fact of the non payment of the invoice to a  credit reporting agency; and 

3. Assign the right to enforce any debts due to it to a third party, without further consultation to you. 

4. You agree to indemnify Observance from and against all costs and disbursements incurred by Observance in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and client basis, Observance’s collection agency costs, and bank dishonour fees. 

Refunds and termination 

1. Occasionally we may need to cancel a Program. We will make every effort to reschedule your Selected Observance Program. However, in the rare and unlikely event of a cancellation without reschedule, a full refund will be paid within 10 days of notice of cancellation, in the event that the whole Program is being cancelled. Observance will have no further liability to participants in respect to cancellation without  rescheduling. 

2. If you are on a Payment Plan and request to terminate your  participation in the Observance Program due to unforeseeable personal circumstances (terminal illness, death of a family member, extreme financial hardship) that prevent you from completing your program, you must give 14 days’ notice in writing to observanceaustralia@gmail.com

3. To qualify for terminal illness, a medical certificate will need to be provided. 

4. To qualify for extreme financial hardship, a letter from your banking institution should be provided that you cannot meet the expenses for your family like rent/mortgage, utilities, food, transportation, and health-related expenses (doctors visits and medication) 

5. Acceptance or rejection of requests for termination is entirely within the Observance sole discretion. If we accept your request for termination, no further payments will be deducted and no refund will be issued in respect of payment for previous months or part thereof. 

Access to the Quality Mind Member Facebook Group 

If included in your Selected Observance Program, you will also receive details of the Quality Mind Facebook Group, and your request to join will be accepted within two days of making it. Your access to the Quality Mind member Facebook Group will be subject to your compliance with the facebook community guidelines and terms of use, as well as the group guidelines. 

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.