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Terms & Conditions

Coaching Terms and Conditions

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These are the terms and conditions that apply to the coaching programs and online portal offered by Kirstie Fisher Pty Ltd trading as The Empress Seed ABN 22 611 829 773

 (may also be referred to as ‘Kirstie’, ‘I’, ‘me’, or ‘my’). These terms and conditions are to be read together with the services agreement and any other formal written agreements between us. These documents together form our entire agreement.

 

These terms and conditions will become binding once you agree to proceed with a package, use a program or make any payment for a program.

  1. Coaching packages and programs

1.1 My programs may be delivered online, face to face, via telephone, or a mixture of all three. Unless expressly agreed by myself, coaching is done online via Zoom or Google Meet.

1.2 If you sign up to:

(a) 1:1 Coaching, you will get the number of sessions as detailed in your Package Agreement, plus email liaison between sessions. 

(b) Consulting, you will get the work carried out at the agreed rate and hours in the Consulting Agreement, along with consulting sessions agreed by both parties.

1.2 I would like to be clear that I am a business coach, and in no way qualified or willing to act as any other professional. I do not provide advice or support outside of my areas of expertise. Specifically, I am not qualified, willing or able to provide support in the form of counseling or therapy.

  1. Services

2.1 I will provide you 1:1 business coaching either online, or via telephone meetings. Unless expressly agreed, meetings are not conducted in-person, face-to-face.

2.2 We will agree to book at a time and date that is suitable to you. This is done via my calendar booking system or email. If you are not able to find a date and time that suits you, it is your responsibility to contact me to request a specific date and time before 24 hours of the scheduled time. Requesting a specific date and time does not guarantee my availability. I will endeavor to work with you to ensure you are able to meet with me in a timely manner.

2.2 You must use all of your 1:1 sessions before the end of your coaching agreement. If extension of the agreement is required it must be agreed in writing.

2.3 The term of coaching packages is as follows:

  1. Each single coaching session is up to 2 hours for the first session and 1 - 1.5 hours thereafter: term;  

  2. Ongoing Packages: term: monthly sessions to be used within 12 months from the date of purchase.

 

  1. Your responsibilities

3.1 You agree:

(a) that it is your responsibility to schedule 1:1 coaching sessions,

(b) that you are responsible for your own physical, mental and emotional wellbeing when using my programs or the online portal. You understand that you can choose to discontinue using my programs at any time but that will not entitle you to a refund; and

(k) if you are currently under the care of a mental health professional, you must inform them of your decision to use my programs and check with them if in their opinion, you have the required capacity to participate fully in my programs.

  1. Fees and payment

4.1 You agree to pay the fees in full and on time, regardless of whether or not you use or access all components of a coaching package.

4.2 Payment may be made via Direct Deposit with details provided on your invoices.

4.3 If you are paying by monthly instalments and you are in arrears with your payments, your services and your access to the online portal may be suspended until all fees are paid up to date. This does not change the timeframe of this agreement. Your sessions will still expire at the end of the term and you will be liable to pay for the full amount of the package.

4.4 If any payment is dishonoured for any reason, you will be liable for dishonour fees. If money remains unpaid, you will also be liable for any costs and disbursements that may be incurred in pursuing the debt (including legal costs on a solicitor and own client basis) and debt collection costs to the extent permissible under relevant legislation.

  1. Refund policy

5.1 I aim to provide you with personalised coaching services to help you grow your business. If you decide to withdraw from my coaching package before the end of the term, I will not offer a refund.

5.2 Refunds are not available for any reason, including but not limited to:

  1. inability to attend all coaching sessions within the timeframe specified.

  2. inability to secure a coaching session on a specific date or time

  3. inability to secure a coaching session within a specific timeframe.

  4. inability to attend coaching sessions due to personal matters including illness.

  5. Termination

6.1 My coaching services to you will terminate at the end of the term.

6.2 If for any reason I decide that I will be unable to fulfill any or all my services included in your package, through no fault of my own, and other than as a result of you missing a session, you agree that I may terminate this agreement upon seven (7) days written notice to you, without providing reasons. If I elect to terminate this agreement, I will refund to you that proportion of my fees relating to the balance of the term of this agreement, or proportionate to the services I have already delivered, at my discretion.

  1. Confidentiality

7.1 ‘Confidential information’ means information about the business practices and relationships of you or me which include this consulting relationship, and all information that is expressly or impliedly nominated as confidential, or that a reasonable person would consider to be confidential, however recorded, documented or verbal.

7.2 Where confidential information is disclosed to you during the program, it is done so for your personal or business benefit, and you agree not to disclose that confidential information to any other person or entity.

7.3 Some of the information you provide to me will be information that is clearly important and confidential to you or your business. I will only use that information to provide services to you and will not share it.

7.4 These obligations of confidence will cease to apply in relation to information that either party is required to disclose by any law, or which becomes part of the public domain other than as the result of a breach by the disclosing party of its obligations under this agreement.

  1. Intellectual Property

8.1 All intellectual property rights in my packages and programs remain my property. Access to any of my courses, classes and coaching does not give you any ownership rights to those program materials or any other program material.

8.2 You are only allowed to use the coaching materials for your own personal use. You must not share, distribute or resell, in part or in full, those materials without my prior written permission. You are prohibited from using my materials to develop your own program or training for sale or giving away to others.

  1. Your content and data

9.1 While all care is taken to store your data, the online portal Simplero, is not designed as a backup system and should not be relied on as such. I provide no guarantee for the security of your data. I will not be responsible or liable for the storage, theft, deletion, correction, destruction, damage or loss of any stored data. I recommend you have a regular back-up system in place for your systems.

  1. Third party services

10.1 If I make any third-party recommendations including but not limited to third party products, programs or services (‘third party services’), it is because to the best of my knowledge, they are quality products or professional service providers. You must complete your own due diligence to protect yourself.

10.2 I will not be liable or responsible for your use of third-party services, or loss or damages you or any other person suffers due to the use of the third-party services.

  1. Disclaimer

11.1 My coaching packages and programs aim to provide a thought-provoking and creative process that inspires you to maximise personal, professional and business potential. You agree to take responsibility for your own circumstances and acknowledge that the benefit you receive from my programs will depend on your personal circumstances and the effort you put in.

11.2 You understand that it may take some participants a greater commitment of time and effort than others to implement suggested changes or ideas, and that varied results may arise based on the individual’s starting point, flexibility to change and emotional intelligence.

11.3 While I will use reasonable skills and care in delivering my packages and programs, I cannot guarantee that your objectives will be met or that your results will be consistent or improve. Each person comes to me with different circumstances, skills and attitude, all of which can impact their outcomes.

11.4 You are responsible for your own decisions, choices, actions, and results when implementing my coaching into all areas of your life. You agree that I will not be liable for any action or inaction, or for any direct or indirect result of any services that I have provided.

11.5 While every care is taken, I make no representations about the suitability, reliability, availability, timeliness, completeness, and accuracy of anything provided in my online portal for any purpose. To the maximum extent permitted by applicable law, anything contained in my online portal is provided “as is” without warranty or condition of any kind.

11.6 Information provided in my online portal is for educational purposes only and we take no responsibility for any use made by you of the information supplied.

11.7 You understand that my packages and programs are not to be used as a substitute for professional advice by legal, mental, medical, financial, business, spiritual or other qualified professionals. You must seek independent professional guidance for such matters. You agree that all decisions and actions in these areas are exclusively your responsibility.

11.8 You understand that my packages and programs do not substitute for counselling or therapy, and do not prevent, diagnose, treat, or cure any mental disorder.

Limited liability and indemnity

12.1 To the extent permissible under relevant legislation, I will not be liable for any loss or damages including loss of profits, loss of opportunity or damages suffered by any person from following or applying any advice, coaching, ideas or content developed as part of my programs.

12.2 To the fullest extent permitted by law, and without limiting the application of the Australian Consumer Law, you agree that:

(a) my total aggregate liability for any claim(s) by you relating to any program I deliver to you is limited to the amount actually paid by you for that package or program;

(b) if there is any fault in a package or program, my liability will be limited (at my choice) to:

(i) the delivery of that package or program again; or

(ii) refunding part or all of the cost of that package or program.

12.3 You agree to indemnify me and hold me harmless against loss or damages suffered by you or any other person arising from your breach of these terms and conditions.

  1. General

13.1 Relationship – I am delivering my coaching packages and programs to you as an independent contractor and nothing in these terms and conditions should be interpreted to suggest otherwise.

13.2 Assignment – The packages and programs are personal to you and this agreement and cannot be assigned to any other person.

13.3 No Waiver – Any time or other indulgence granted by me will not in any way amount to a waiver of any of my rights or remedies under this agreement.

13.4 Governing Law – This agreement is governed by the laws of Western Australia, Australia, and you agree to be subject to the jurisdiction of the courts of Western Australia, Australia if there was a serious dispute between us.

13.5 Severability – If any of these terms and conditions are determined to be invalid or unenforceable, then the invalid or unenforceable provision will be severed, and the remainder of the terms and conditions will continue in effect.

13.6 Entire agreement – These program terms and conditions, together with our services agreement and any other formal written agreements between us, form the entire agreement between us. Anything else discussed beforehand or afterward is not part of our agreement or fees charged unless it was included or has been agreed to in writing.

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