One-On-One Coaching Terms and Conditions
These Terms and Conditions govern the relationship between the Parties.
1. Parties
You are the Client, and Your details are set out in the Booking Form.
AND -
Sally Prosser Pty Ltd (ACN: 626 997 439) t/a Sally Prosser of 1/444 Logan Road, Stones Corner, QLD (the 'Provider').
Sally Prosser offers Voice Coaching and Presentation Training services tailored to the client’s needs and requirements (“the Services”). You have engaged the Provider to provide the Services. By continuing to work with the Provider after receiving these terms and conditions, You accept the terms and conditions and agree to the below.
2. The Engagement
2.1. The Provider agrees to perform the Services for You, for the Fees, as set out in the Booking Form.
2.2. The Provider agrees to commence the Services on a date to be agreed in writing after payment of the required fees.
2.3. The Provider will work with You in achieving Your goals.
2.4. The Provider will provide the Services online or in person as agreed to by the parties.
2.5. The Provider will only provide You with a refund of the Services Fee in the event they are unable to continue to provide the Services (the 'Refund').
3. Fees
3.1. You agree to pay the Provider the Fees as set out in the Booking Form.
3.2. The pricing for One-on-One Coaching is as follows:
a. $1000 for the Voice Soundcheck.
b. $7000 (or $2500 per month for three consecutive months) for the Speaking Breakthrough.
c. $25,000 for the Gold Class Experience.
3.3. The Fees payable to the Provider to perform the Services may be adjusted from time to time as agreed by the Parties in writing on account of changes in relation to the nature of the Services to be Performed by the Provider.
3.4. You agree to make Payment of the Fees upfront or as per the schedule.
3.5. You agree to make Payment of the Fees by the method prescribed in the Booking Form.
3.6. Unless otherwise stated, all amounts are listed in American Dollars (USD) and are GST inclusive for Australian residents.
3.7 If split payments default, sessions will cease immediately from the date of default, including those already scheduled.
4. Bookings and Cancellation
4.1. Both parties agree to schedule a session in writing via the Booking Form.
4.2. You must notify the Provider of an intention to cancel the Services as soon as practicable through e-mail or telephone and abide by the following (‘Cancellation Policy’).
4.3. All bookings are non-refundable. If You have purchased session-package and wish to terminate Your session-package early, all remaining full session fees are non-refundable.
4.4. Should consultation times require changing, a minimum of 1 business day is required or You will be expected to forfeit the full session fee.
4.5. The Provider may change the Cancellation Policy at any time without notice with and bookings made in advance of the change will not be affected.
5. Warranty Period for the Services
5.1. The Provider will use its best efforts and take all reasonable steps to help You achieve the desired results. However, the Provider makes no warranty that the Services will meet Your requirements or that all clients will achieve the same results.
5.2. The Services do come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Service, You are entitled to cancel Your Service contract with the Provider, and are entitled to a refund for the unused portion, or to compensation for its reduced value.
6. Disclaimer
6.1. You are solely responsible for creating and implementing Your own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the Services and interactions with the Provider. As such, You agree that the Provider is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by the Provider.
6.2. You understand that in order to enhance the coaching relationship, You agree to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the program
7. Liability
The Provider’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to You.
8. Disclosure and Use of Confidential Information
8.1. All obligations of confidence set out in this Agreement continue in full force and effect after completion of services.
8.2. The Provider must not disclose any Confidential Information to any third party without Your prior consent.
8.3. This Agreement prohibits the disclosure of Confidential Information by the Provider with exception to the following circumstances:
i. the disclosure is to a professional adviser for it to provide advice in relation to matters arising under or in connection with this Agreement has consented to the disclosure of such information to the professional adviser;
ii. the disclosure is required by applicable law or regulation;
iii. if the confidential information is already in the public domain at no fault of the Provider.
9. No partnership or agency
Nothing contained or implied in this Agreement will create or constitute, or be deemed to create or constitute, a partnership between the parties. A party must not act, represent or hold itself out as having authority to act as the agent of or in any way bind or commit the other parties to any obligation.
10. Governing Law & Jurisdiction
10.1. This Agreement is governed by the laws of Queensland, Australia.
10.2. In the event of any dispute arising out of or in relation to the Services, the Provider agrees that the exclusive venue for resolving any dispute shall be in the courts of Australia, situated in Queensland, Australia.
11. Severance
Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of such provisions in any other jurisdiction.
12. Entire Agreement and Modifications
Both You and the Provider confirm and acknowledge that this Agreement and the Invoice constitute the entire agreement between You and the Provider and shall supersede and override all previous communications, either oral or written, between the parties.