RebeccaSophia.com Transformational Coaching
Contract & Agreement
THIS AGREEMENT is made on the date of payment of the Consultancy Fee at which time the Client agrees that he or she has read and understood and agrees to be legally bound by the terms of this Contract & Agreement between The R Factor Enterprise Group Pty Ltd (which also trades as RebeccaSophia.com Transformational Coaching) (“The Company”) and the person identified in the booking form which forms part of this Agreement (“The Client”).
Terms and Agreements
In consideration of the mutual covenants set forth in this Agreement, The Client and The Company hereby agree as follows:
1. Description of Consultations (“Specifications”).
The Company agrees to develop the consultations in accordance with the Client’s needs using suitable methodologies including but not limited to:
(a) Project and Program Management
(b) Change Management and Transformation
(c) Humanistic Psychology coaching
(d) Strategic Intervention
(e) Wealth Consciousness and Wealth Creation
2. Delivery of Work.
The Company and Client agree upon the package selected by the Client on the Booking Form through which consultations, preparation and follow up work (if necessary) are conducted.
The Company employs a range of methodologies, referred to in clause 1, to suit the Client’s personal values and style. The Client agrees to be open minded and partake in methods proposed by The Company.
4. Refund Policy.
Upon payment of the Consultancy Fee for the package identified in clause 2, the Client agrees that he or she understands that the Company will incur time and expenses in providing the package and make available the agreed time to deliver the package and that the Client is not entitled to any refund of the Consultancy Fee. In the event that the Client provides to the Company at least (30) days notice of his or her inability to attend the package selected, the Company at its sole discretion can appoint a new time for the commencement of sessions. If the Client does not provide 14 days, he or she agrees that the Consultancy Fee is payable irrespective as to whether the Company can provide the services and that the Consultancy Fee.
The Company has the right to use case studies of the Clients’ situations and results or the Client’s testimonials in future work but without making reference to the Clients’ full identity if so requested by the Client.
6. Good Faith.
Each party represents and warrants to the other that such party has acted in good faith.
7. Right to suspend sessions.
In the event the Client fails to make any of the payments within the time prescribed The Company has the right to immediately cease all work until payment in full is paid. In the event of any abusive behaviour, The Company reserves the right to suspend work with immediate effect. The Client is required to attend each consultation prepared and with the information and documents suggested by the Company and failure to do so will mean that the consultation may be unable to proceed as planned and in this regard the Client will not be entitled to a replacement consultation.
8. Agreement between Client and The Company
The Client agrees to not withhold any information that could prevent the sessions from running fluidly. The Client agrees to be open, present and prepared to complete the work as a team together.
The Client is responsible for their own success and implementation of objectives set.
The Company is responsible, in its sole discretion, for creating objectives with the client that will meet the needs of the client.
9. No resale of service or intellectual property permitted.
TheClient agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including any materials & intellectual property), use of the Service, or access to the Service.
10. Medical Disclaimer:
The Client is aware that The Company does not solve medical issues nor treat disease and is therefore not a replacement for the Client’s Doctor, Therapist or Physician.
If the Client is presently under any form of psychiatric care, psychological therapy, specialised medical supervision or under the influence of any form of medication, the Client is to inform the Company prior to working together.
11. Limitation of liability:
By using The Company services the Client accepts any and all risks, foreseeable or non-foreseeable, arising from such transactions.
All claims against The Company must be lodged with the entity having jurisdiction within 100-days of the date of the first claim or otherwise be forfeited forever.
In the event that a dispute arises between the Parties, the Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. In the event of a dispute between the Parties, the parties agree that they neither will engage in any conduct or communications, public or private, designed to disparage the other.
13 INDEMNIFICATION. Client shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, legal fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or wilful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Company recognises and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company.
14 CONTROLLING AGREEMENT.
In the event of any conflict between the provisions contained in this Contract and any marketing materials used by Company, Company’s representatives, or employees, the provisions in this Agreement shall be controlling.
15 CHOICE OF LAW/VENUE.
This Agreement shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia without giving effect to any principles or conflicts of law. The parties hereto agree to submit any dispute or controversy arising out of or relating to this Agreement to the Courts of NSW. The prevailing party is entitled to be reimbursed for all reasonable legal fees from the non-prevailing party in order to enforce the provisions of this Agreement.
16 ENTIRE AGREEMENT.
This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, negotiations and understandings, oral or written. This Agreement may be modified only by an instrument in writing duly executed by both parties.
The ownership, non-circumvention, non-disparagement, proprietary rights, and confidentiality provisions, and any provisions relating to payment of sums owed set forth in this Agreement, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination of this Agreement for any reason.
If any of the provisions contained in this Agreement, or any part of them, is hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of such provision or any other provision contained herein, which shall be given full effect regardless of the invalid provision or part thereof.
19 OTHER TERMS.
Upon execution of This Agreement by signature below, the Parties agree that any individual, firm Company, associates, corporations, joint ventures, partnerships, divisions, subsidiaries, employees, Companies, heirs, assigns, designees or consultants of which the signee is an Company, officer, heir, successor, assign or designee is bound by the terms of THIS AGREEMENT.
A facsimile, electronic, or e-mailed copy of this Agreement, with a written or electronic signature, shall constitute a legal and binding instrument. By setting forth my hand below I warrant that I have complete authority to enter into THIS AGREEMENT.
The Client agrees that The Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of the Service. The Client agrees that use of this service is at the Client’s own risk.