COACHING SERVICES AGREEMENT
COACHING SERVICES AGREEMENT
This Coaching Services Agreement (Agreement) is between:
Betsy Mary Mackenzie Ketelbey trading as Betsy Westcott
ABN 40 348 090 328
(Coach, we, us, our)
and
the person identified in the relevant order, invoice, proposal, application form, checkout page or written acceptance
(Client, you, your).
1. ACCEPTANCE & TERM
1.1 This Agreement applies when you:
a. purchase coaching services from us;
b. accept a proposal or invoice issued by us;
c. tick a box accepting these terms online; or
d. otherwise instruct us to commence providing the services.
1.2 This Agreement is to be read together with:
a. any proposal, invoice, checkout page or package summary provided to you;
b. our Website Terms and Conditions;
c. our Privacy Policy; and
d. where applicable, our Financial Services Guide.
1.3 If there is any inconsistency, the specific proposal, package summary or invoice details will prevail to the extent of the inconsistency.
2. SERVICES
2.1 We agree to provide the coaching, education, mentoring, facilitation and related services described in your package, proposal, invoice or checkout page (Services).
2.2 The Services may include, depending on the package purchased:
a. one-off sessions;
b. multi-session coaching packages;
c. couples coaching;
d. founder or business owner coaching;
e. support materials, worksheets, templates, recordings or tools;
f. between-session check-ins or accountability support, where expressly included.
2.3 Services may be delivered:
a. online by video platform;
b. by telephone;
c. in person, if agreed; or
d. by another delivery method notified by us.
2.4 We may make reasonable changes to the format, sequencing or structure of the Services where this does not materially reduce the core value of the package purchased.
3. PACKAGE DETAILS
3.1 The package purchased, including fees, inclusions, payment plan, session length and any additional terms, will be set out in the relevant proposal, invoice, checkout page or package summary.
3.2 Current coaching offers may include, for example:
a. Clarity Consult
b. Align
c. Elevate
d. Sustain
e. couples coaching pathways
f. founder or business owner coaching pathways
3.3 We may update, rename, replace or discontinue packages from time to time. Those changes will not affect a package already purchased, unless we agree otherwise with you.
4. SESSION EXPIRY
4.1 Unless otherwise stated in writing, all coaching sessions included in a package must be used within 12 months from the date of initial purchase.
4.2 Any unused sessions remaining after that 12-month period will automatically expire and are forfeited, unless otherwise required by law.
4.3 It is your responsibility to book and attend sessions within the applicable period.
4.4 We may, in our discretion, agree to a short written extension in exceptional circumstances, but we are not obliged to do so.
5. BOOKING, RESCHEDULING & CANCELLATIONS
5.1 You are responsible for booking sessions using our nominated booking process.
5.2 You may reschedule a session by giving at least 24 hours’ notice.
5.3 If you cancel or reschedule with less than 24 hours’ notice, or fail to attend a booked session, that session may be treated as used.
5.4 We may waive a missed-session forfeiture in exceptional circumstances, but are not required to do so.
5.5 If we need to reschedule a session, we will offer you a reasonable alternative time.
6. FEES & REPAYMENTS
6.1 You agree to pay the fees set out in the applicable proposal, invoice, checkout page or payment plan.
6.2 Fees must be paid in the manner and by the due dates specified by us.
6.3 If you elect to pay by instalments, you remain liable for the full package fee unless your rights under Australian Consumer Law require otherwise.
6.4 If a payment is overdue, we may:
a. suspend future sessions or access to materials until payment is brought up to date;
b. charge reasonable recovery costs actually incurred; and
c. charge interest on overdue amounts only where permitted by law and only at a reasonable rate.
6.5 We are not obliged to continue providing Services while your account is in arrears.
7. REFUNDS & CANCELLATIONS BY YOU
7.1 We do not offer refunds for change of mind.
7.2 Nothing in this Agreement excludes or limits any rights you may have under the Australian Consumer Law.
7.3 Where Services have already been supplied, or have been allocated and made available to you, any refund may be reduced to reflect the value of:
a. sessions already delivered;
b. sessions booked and missed in accordance with clause 5;
c. materials already provided; and
d. reasonable administrative and processing costs, to the extent permitted by law.
7.4 If you wish to cancel a package, you must notify us in writing.
7.5 If we agree to cancel future Services before the package is fully delivered, any refund or credit will be determined acting reasonably and having regard to:
a. the portion of the package already delivered;
b. resources already made available;
c. commitments already reserved for you; and
d. our obligations under the Australian Consumer Law.
8. FINANCIAL SERVICES & GENERAL ADVICE DISCLOSURE
8.1 Betsy Mary Mackenzie Ketelbey trading as Betsy Westcott is an Authorised Representative (No. 001308005) of Money Sherpa Pty Limited (ABN 32 164 927 708), AFSL No. 451289.
8.2 Where we provide general financial product advice, that advice is provided under the authority of Money Sherpa Pty Ltd.
8.3 Unless expressly stated otherwise in writing, the Services are primarily coaching, educational and behavioural in nature and are not personal financial advice.
8.4 Any general financial product advice provided:
a. does not take into account your personal objectives, financial situation or needs;
b. is not a recommendation that a particular financial product is suitable for you; and
c. should be considered together with the relevant Financial Services Guide and any applicable Product Disclosure Statement before you act.
8.5 You acknowledge that no adviser-client relationship for the provision of personal financial advice is created unless separately agreed in writing and supported by the required regulatory documentation.
9. NO GUARANTEES
9.1 We will provide the Services with due care and skill.
9.2 However, you acknowledge that outcomes from coaching vary significantly and depend on factors including:
a. your participation and follow-through;
b. the accuracy and completeness of information you provide;
c. market, economic, regulatory and personal circumstances outside our control.
9.3 We do not guarantee any particular financial, business, emotional, behavioural or personal result, including any guarantee of:
a. income growth;
b. debt reduction;
c. investment performance;
d. business revenue;
e. relationship improvement; or
f. achievement of a specific goal.
10. YOUR RESPONSIBILITIES
10.1 You agree to:
a. provide accurate and timely information reasonably required for the Services;
b. attend sessions prepared and in good faith;
c. complete agreed actions where relevant;
d. communicate respectfully; and
e. comply with any reasonable participation guidelines we notify to you.
10.2 You acknowledge that the usefulness of the Services depends in part on the information you provide and your own implementation.
11. CONFIDENTIALITY
11.1 Subject to clause 11.2, each party must keep confidential all confidential information received from the other party in connection with the Services.
11.2 We may disclose confidential information:
a. to our employees, contractors, professional advisers or service providers who need it for business operations and are subject to confidentiality obligations;
b. where required by law;
c. where necessary to prevent a serious threat to health or safety; or
d. with your consent.
11.3 We may refer in a de-identified way to themes, insights or case-study style examples drawn from client work for educational, research or marketing purposes, provided you are not reasonably identifiable.
11.4 Group programs, if any, are not private therapy environments. While we will set expectations of confidentiality, we cannot guarantee that other participants will maintain confidentiality.
12. PRIVACY
12.1 We handle personal information in accordance with our Privacy Policy.
12.2 You consent to us collecting, storing, using and disclosing your personal information as reasonably necessary to deliver the Services, comply with legal obligations and manage our business.
13. INTELLECTUAL PROPERTY
13.1 All intellectual property rights in our materials, frameworks, templates, resources, session content, tools, worksheets, recordings and methodologies remain our property or the property of our licensors.
13.2 You receive a limited, non-exclusive, non-transferable, revocable licence to use the materials provided to you for your own personal internal use only.
13.3 You must not, without our prior written consent:
a. copy, reproduce, republish or distribute our materials;
b. share login access, recordings or resources with third parties;
c. use our materials to create competing products or services; or
d. commercially exploit our intellectual property.
14. RECORDINGS & MATERIALS
14.1 We may provide recordings, notes or support materials where included in your package.
14.2 Unless expressly agreed otherwise, we are not obliged to record sessions.
14.3 If a session is recorded, that recording remains our intellectual property, subject to your privacy rights.
15. SUSPENSION OF TERMINATION
15.1 We may suspend or terminate the Services on written notice if:
a. you materially breach this Agreement and do not remedy that breach within a reasonable period after notice;
b. you engage in abusive, threatening or inappropriate conduct;
c. continued provision of the Services would expose us to legal, regulatory or safety risk; or
d. required by law or by our licensee / compliance obligations.
15.2 You may terminate this Agreement by written notice, subject to clause 7 regarding fees, refunds and cancellation.
15.3 On termination:
a. accrued rights and obligations are not affected;
b. clauses intended to survive termination will continue, including confidentiality, intellectual property, privacy, liability and payment obligations.
16. LIABILITY
16.1 Nothing in this Agreement excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law or any other law that cannot lawfully be excluded.
16.2 To the maximum extent permitted by law, our liability for any claim arising out of or in connection with the Services is limited to:
a. resupplying the relevant Services; or
b. paying the cost of having the relevant Services supplied again.
16.3 To the maximum extent permitted by law, we are not liable for any indirect, consequential or special loss, including loss of profits, loss of opportunity, loss of revenue or reputational loss.
16.4 This clause is subject always to your non-excludable statutory rights.
17. DISPUTE RESOLUTION
17.1 If a dispute arises in connection with this Agreement or the Services, the parties agree to first attempt to resolve the dispute in good faith through discussion.
17.2 A party raising a dispute must provide written notice outlining the nature of the dispute and the outcome sought.
17.3 The parties will use reasonable efforts to resolve the dispute within 14 days of the notice being provided.
17.4 If the dispute is not resolved within that period, either party may propose mediation with a mutually agreed independent mediator before commencing court proceedings, except where urgent interlocutory relief is required.
17.5 Where a complaint relates to financial services provided under the authority of Money Sherpa Pty Ltd (AFSL 451289), the complaint will be handled in accordance with the dispute resolution process outlined in the Financial Services Guide, including referral to the Australian Financial Complaints Authority (AFCA) where applicable.
18. GENERAL
18.1 This Agreement is governed by the laws of New South Wales, Australia.
18.2 The parties submit to the non-exclusive jurisdiction of the courts of New South Wales.
18.3 If any provision of this Agreement is held to be invalid or unenforceable, that provision will be severed and the remainder will continue in force.
18.4 This Agreement constitutes the entire agreement between the parties in relation to its subject matter, except for any document expressly incorporated by reference