Terms and Conditions
This Agreement covers your Coaching Relationship AND/OR Advertising with yourself – hereafter known as’Client’ – and our coaches and PROFILE Magazine, hereafter known as ‘Coach’ and can only be changed in writing by both parties.
By signing this agreement you agree to the payment terms, duration and content of advertising in PROFILE (www.profilemag.com.au) as outlined in your advertising proposal.
There are no refunds and all payment plans are to be adhered to. Failure to do so will result in a 5% late fee. Advertisements will not be placed until your advertising fee has been paid.
Coaching is an ongoing relationship between a coach and a client. It is important to remember that coaching is a structure that facilitates the process of personal, professional and / or spiritual development. On that basis, it is important to acknowledge that the coaching relationship is dependent on the involvement of both Coach and Client.
By entering this relationship, the Coach and Client acknowledge that the Client wants to make significant progress and change in his/her life. Because progress and change happen at rates that are unique to each individual, the Coach and Client commit to working with each other for the entire period of the agreed coaching container. This allows the coaching relationship necessary time to develop and progress through objectives, obstacles and successes that occur.
Although part of the coaching program may involve health or other personal and well-being management discussions, you should not use these to replace discussions with qualified suitable healthcare professionals.
Client understands Company is not an agent, publicist, accountant, financial planner, lawyer, therapist, or any other licensed or registered professional. Mentoring, which is not counselling, or therapy, may address overall goals, specific projects, or general conditions in Client’s life or profession. Mentoring services may include setting priorities, establishing goals, identifying resources, brainstorming, creating action plans, strategising, asking clarifying questions, and providing models, examples, and in-the-moment skills training. Company promises that all information provided by Client will be kept strictly confidential, subject only to such disclosures required by law.
As each Client commences the Program from a different level of experience, Company cannot make and specifically excludes any guarantees as to the skill level that will be acquired by a Client upon completion of the Program.
The specifics of your coaching sessions are emailed separately to you.
The general rules that apply to any coaching sessions are:
All coaching sessions are conducted by telephone or Zoom unless otherwise arranged with the Coach.
At the scheduled appointment time, the Coach agrees to call the Client at an agreed upon number. The Coach and Client commit to start and finish each session on time. If the client is more than 10 minutes late for a coaching session, the Coach will assume the session is cancelled and the client will forfeit the session.
Rescheduling a coaching session is easily done with appropriate notice, subject to my availability. Please allow for at least 24 hours notice to appointment changes.
In between coaching sessions, the client may feel free to email the Coach (please try to keep communication via email rather than text or social media so records can be kept of all communication).
Coaching Session Recordings
Coaching Session(s) and/or Seminar, video images, movies, photographs and audio recordings may be used for educational purposes across Iconic Empires and Genine Howard Enterprises by representatives and employees and by other event holders, sponsors and advertisers of the specific Coaching Session(s) and/or Seminar. By participating in these programs or sessions you authorize your photo, video, voice or film likeness (with or without your name) to be used, without any compensation payable, for any commercial or non- commercial purpose (including without limitation for publicity, illustration or advertising) in any and all media by Iconic Empires and Genine Howard Enterprises.
All video, audio and written materials purchased by or provided to me in connection with the Coaching or Seminar are protected by copyright laws and you agree not to use, disclose, copy or distribute any such materials to any third parties without the prior written consent of Genine Howard Enterprises.
All private coaching and one on one sessions will NOT be used in the above stated manner and will remain private and confidentiality maintained at all times. Iconic Empires and Genine Howard Enterprises will NOT disclose, authorize disclosure, publish, post, circulate or otherwise disseminate any information obtained or recorded in private coaching session.
Fees for your coaching program are outlined in your Welcome Email (sent separately).
Fees are payable before any coaching will be conducted.
With a view to streamline and automate payments, fees for coaching services will only be accepted via credit card through our Stripe platform. You will be given advance notice if this changes.
Payments must be up to date for your scheduled sessions to take place. We reserve the right to withhold coaching sessions until payment can be made.
Payment Plans, Terminations and Refunds
At times people would love to join one of our programs however for one reason or another they are not in a position to join and pay the fee in total. That is an exceptionally frustrating place to be in, hoping things will be different, because both you and I know the chance of it being different without learning how to make it different are slim indeed.
With that in mind we will occasionally offer a payment plan option which is designed to help you get started and manage your outgoing costs.
If you do take advantage of this option, the regular payment schedule must be adhered to for access to programs and coaching sessions to continue. Any late payments will incur a 5% late fee.
The coaching relationship can be terminated by either party for any reason with at least 30 days in advance by e-mail.
Following the termination of the relationship, all of the terms of this Agreement, including Confidentiality and Intellectual Property terms, will still apply to both of us now and in the future.
It is our wish that you are satisfied with the coaching program, and the opportunities for personal and professional growth that it will present to you.
However, we take our roles as coaches serious, and as such dedicate a considerable amount of time to each one of our programs, as well as dedicating both time and effort to all of our clients. In accepting one of a limited number of places, you acknowledge that we are committing that time and energy to you exclusively.
As such, should you decide to withdraw at any time for any reason, you are still fully responsible for making all payments for the term of the coaching Program, and no refunds will be provided.
If the coaching relationship is terminated by our company, you will receive a pro rata refund on your advance monthly payment. No refund will be provided if the coaching agreement is terminated by you.
Session materials and intellectual property
As part of the coaching program, you will receive branded and unbranded material to assist you during your development. These works, together with any material developed, written, designed or otherwise provided during the coaching period will remain at all times the proprietary property of the Coach.
These materials are provided to you for your sole use and reference, as part of your coaching program. They may not be amended, distributed, duplicated or otherwise used for any other purpose.
The coaching relationship is built on trust. Both Coach and Client agree to keep all conversations and information obtained from the coaching sessions, or other interactions, private and confidential. No personal ideas, information or thoughts expressed will be shared with anyone except with the permission. This applied until such time that the confidential information enters the public domain.
If at any time, you are not comfortable with the coaching program, please speak to our team immediately. Feedback and discussion are important to the sessions and your coaching program and it is up to you to provide such feedback to give us the opportunity to resolve any issue quickly and effectively.
If a dispute arises, both parties agree that confidentiality is paramount to both of our individual reputations. At no time will any communications or discussions be made public, this includes but is not limited to any social media websites of either party. Any public discussion or comments about either party are considered defamatory, negative or otherwise damaging and will be the subject of compensation in any mediation or litigation claim.
Other Terms of Service
Below are industry standard terms of service that are also applicable to this coaching agreement.
Limitation of Liability
The Coach and their representatives are in no way liable for any loss or damages whether direct, indirect or consequential which you may suffer in reliance directly or indirectly on all or any part of the coaching services. You shall indemnify and hold harmless the Coach from and against any and all actions, claims, liabilities, proceedings or demands which may be brought against them in respect of any loss, death, injury, illness or damage (whether personal or property and including reasonable legal fees and expenses).
The liability of the Coach is governed solely by the ACL and these Terms. Any other conditions and warranties which may be implied by custom, law or statute are expressly excluded.
You agree that you are liable for and agree to indemnify and hold the Coach harmless for and against any and all claims, liabilities, actions and expenses which may result either directly or indirectly from a breach of these Terms, misuse of the services or material provided as part of the services.
In any case, the Coach’s liability is limited at all times to amount of the last invoice fees paid by the Client.
The provision of services in the coaching program is governed by the laws from time to time in force in the State of Queensland. Both parties agree to unconditionally submit to the non-exclusive jurisdiction of the Courts of Queensland for determining any dispute concerning this Agreement.