COACHING AGREEMENT

1. GENERAL
1.1 This Agreement apply to the provision of Coaching services by Juliet Dyer (ABN 83 697 264 765) (“we, our, us,”) in accordance with the attached Schedule (“the Services”) which together form the term and conditions of this agreement (“Agreement”).
1.2 By ticking the terms and conditions box, you are entering and agreeing to a legally binding contract.
1.3 No amendments to this Agreement will be binding on the parties unless approved in writing by Juliet Dyer.

2. FEES AND PAYMENT
2.1 In consideration for the Services, the Client shall pay the Fees outlined in, and on the terms out in the invoice or by direct debit at our discretion.

3. PROGRAM DELIVERY
3.1 You understand that the success and outcomes of participation in the Services rely on your participation and commitment, and that the results of all Services may vary. We make no guarantee of any specific result or outcome.
3.2 At the completion of each session, the next session will be scheduled at a mutually convenient time.

4. INTELLECTUAL PROPERTY
4.1 You will be provided with intellectual property including resources and other documents (“the IP”) which is owned by Juliet Dyer.
4.2 Juliet Dyer grants a royalty-free, non-transferable, non-exclusive licence in the Contract IP to the Client for non-commercial, educational purposes.

5. CONFIDENTIALITY
5.1 All parties agree that they shall undertake, to keep secret and protect and preserve the confidential nature and secrecy of information provided between the parties which is not generally available to the public. You expressly agree that the Quote and the Fees shall constitute confidential information for the purposes of this clause.

6. NO WARRANTIES
6.1 Coaching is not psychological, therapeutic or medical or treatment.
6.2 Except as expressly provided to the contrary in this Agreement, all terms, conditions, warranties and representations whether expressed, implied, statutory or otherwise relating in any way to the Services or to this Agreement are excluded. Without limiting the generality of the proceeding sentence, Juliet Dyer shall not be under any liability to the client in respect of any loss or damage (including consequential loss or damage) howsoever caused, which may be suffered or incurred or which may arise directly or indirectly in respect of the failure or omission on the part of Juliet Dyer to comply with its obligations under this Agreement.

7. INDEMNITY
7.1 The Client indemnifies and will keep indemnified Juliet Dyer and its agents, contractors and consultants from and against all actions, claims, proceedings, or demands (including those brought by third parties) which may be brought against it or them, whether on their own or jointly with the indemnifying party in respect of any loss, death, injury, illness, damages, costs or expense where caused by any unlawful or negligent of the Client, its employees, agents, subcontractors or consultants arising from the Client’s exercise of its rights or obligations under this Agreement or from any loss which may arise from or as a result of a breach of this Agreement by the Client, its employees, agents, subcontractors or consultants.
7.2 The Client’s obligation to indemnify Juliet Dyer as set out in clause 7.1 is a continuing obligation separate and independent from the Client’s other obligations and will survive expiration or earlier termination of this Agreement.

8. LIMIT OF LIABILITY
Notwithstanding anything else contained in this Agreement, Juliet Dyer’s liability arising from the performance of the Services shall be limited in all events to the amount of the fees specified in the Invoice (“Fees”).

9. CANCELLATIONS, SCHEDULING AND REFUNDS
9.1 24-hour notice is required for the cancellation or rescheduling of an appointment. No shows, cancellations or rescheduling requests with less than 24-hour notice will be forfeited. Consideration for unforeseen circumstances will be given at the discretion of Juliet Dyer.
9.2 In the event that this agreement is cancelled by you, we reserve the right to:
(a) retain any and all Fees paid; and
(b) charge you for any additional time spent by us up until and including the date of cancellation.

10. FORCE MAJURE
10.1 If we become aware of any event or circumstance or combination of events and circumstances which is beyond our reasonable control and which causes or results in default or delay in performance by us of any of our obligations under this Agreement (including any unforeseen occurrences (excluding wet or inclement weather) war, hostilities, civil commotion, strikes, lockouts and other industrial disputes) (“Force Majeure Event ”) affecting our obligations under this Client Agreement, we will, within 5 business days of the occurrence of the Force Majeure Event give a notice to you detailing what has occurred and the likely effect of the Force Majeure Event on our obligations (“suspension notice”). Where we have provided a suspension notice, our non-financial obligations under these Contract Documents shall be suspended, to the extent they are affected by the Force Majeure Event, until the cessation of the Force Majeure Event, as long as it does not exceed 3 months per event.

11. MISCELLANEOUS
11.1 You acknowledge and accept that the provision of Services will count towards Juliet Dyer’s continual professional development in accordance with the International Coaching Federation experience requirements.
11.2 A provision of this Agreement or a right created under it may not be waived or varied except in writing, signed by the party or parties intended to be bound. A failure of a party to exercise a right arising out of this Agreement does not constitute a waiver of that right.
11.3 Unless the contrary intention appears, in this Agreement, references to the singular includes the plural and vice versa.

12. GOVERNING LAW
This Agreement shall be governed in accordance with the laws of the State of Victoria and the parties agree to submit to the jurisdiction of the Courts and Tribunals of that State.

SCHEDULE

Services:
1 x 1.5-hour session
11 x 1-hour sessions


Fee $5,000.00 inclusive of GST