Our Coaching & Hypnosis Agreement
Effective date: January 2021
I’m excited to be working with you!
This letter and the Agreed Terms set out in Annexure A form an agreement between Floetic Pty Ltd (branded as Michelle Boyde) (us, we or our) and you. This letter sets out important information on your coaching services below.
Coaching is a partnership (in this context, meaning an alliance, not a legal business partnership) between us and you in a thought-provoking and creative process that inspires you to maximize your personal and professional potential.
It is designed to facilitate the creation/development of personal, professional or business goals and to develop and carry out a strategy/plan for achieving those goals.
I use a variety of modalities including:
(a) Neuro Linguistic Programing (NLP)
(c) Matrix Therapies
(d) Multiple Brain Integration Techniques; and
During coaching you may experience some or all of these modalities based on your needs, wishes and my recommendations.
In order for you to maximise the Coaching Services you acknowledge that coaching is a comprehensive process that may involve all aspects of your life, including work, finances, health, relationships, education and recreation.
Start Date: From the date of your first booked session.
End Date: On completion of your final session.
Cancellation: You may terminate this agreement at any time without cause on written notice to us. If you elect to terminate without cause you will not be entitled to any refund of pre-paid Fees.
You accept these terms by purchasing this Coaching & Hypnosis Package.
I look forward to working with you.
This is a legally binding agreement between you and Floetic Pty Ltd ABN 646 952 696 (us, we or our) setting out the terms and conditions upon which the Coaching Services will be performed.
- An agreement is formed on the date it signed by all parties or the date you email us to approve the Letter (Start Date) and consists of the Letter and these Agreed Terms (together this agreement).
- The Letter will prevail over the Agreed Terms to the extent of any inconsistency.
The agreement starts on the Start Date and continues until the End Date, unless terminated earlier in accordance with this agreement.
- We will perform the Coaching Services.
- In performing the Coaching Services, we will:
- comply with applicable laws;
- use all reasonable commercial efforts to deliver the Coaching Services within any estimated time frame; and
- use personnel who have appropriate experience, skill and knowledge to perform the Coaching Services including by ensuring any:
- coach maintains the ethics and standards of behaviour established by the International Coach Federation; and
- hypnotherapist is registered with the American Board of Hypnotherapy.
- If you receive ‘group coaching’ as set out in the Key Details, you must comply with the Rules of Play,
- You must comply with the terms of this agreement and all applicable laws.
- You acknowledge that the performance of the Coaching Services is often dependent on your participation. You must communicate honestly, be open to feedback and assistance and to create the time and energy to fully obtain the benefit of the Coaching Services.
- If you fail to comply with clause 1 we will not be liable for any failure or delay in performing the Coaching Services.
- Fees and payment
- Unless otherwise agreed, we will request payment for the agreed fees at the time of booking and you must pay the Fees in full within 7 days. If you wish to raise a dispute about the invoice, you must do so before the due date.
- If you fail to pay any undisputed amount by the due date we may stop performing the Coaching Services until all overdue amounts are paid or terminate the agreement on notice to you.
- The parties agree that all costs are inclusive of GST for those residing in Australia.
- Intellectual property and publicity rights
- Nothing in this agreement transfers ownership of any Pre-Existing IP to the other party or any other person.
- We own all rights (including Intellectual Property Rights), title and interest to the Coaching Materials. We grant you an irrevocable, non-exclusive and non-transferable licence to use the Coaching Materials for non-commercial internal business purposes. You must not copy, alter, modify or distribute such materials without our prior written consent.
- Each party must keep all Confidential Information confidential and use such information for the sole purpose of performing your or our obligations.
- Neither party may use or disclose the Confidential Information except:
- to that party’s employees or advisers on a need-to-know basis and that party must ensure that such persons understand and comply with the obligations imposed by this agreement;
- as required by law, subject to that party notifying the other party immediately if that party becomes aware that such disclosure may be required; or
- with the other party’s prior written consent
- Upon the expiry or termination of this agreement, you and we must (on request) return or securely destroy any confidential information in your or our possession.
- You acknowledge and agree:
- you are solely responsible for your own physical, mental and emotional well-being, decisions, choices, actions and results, arising out of or resulting from the Coaching Services and your interactions with us and we accept no liability for any of your acts, omissions or decisions; and
- the Coaching Services do not constitute therapy or medical, financial or other professional advice.
- Notwithstanding any other provision of this agreement and to the fullest extent permitted by law:
- our aggregate liability in connection with this agreement will not exceed an amount equal to the fees paid by you to us in the last 6 months preceding the claim; and
- we are not liable, whether such liability is based on breach of contract, tort (including negligence), statute or otherwise for any consequential or indirect losses (including loss of profit, loss of opportunity, business interruption or a security breach).
- Subject to any express warranties in this agreement but otherwise to the fullest extent permitted by law, we expressly exclude all warranties, conditions and representations, relating to this agreement.
- You acknowledge and agree:
- We may terminate the agreement without cause on written notice to you. On termination in accordance with this clause 1 we will refund any pre-paid Fees to you.
- Either party may terminate this agreement:
- fail to remedy a breach within 7 days’ notice requesting the breach be remedied;
- breach this agreement and that breach is not capable of remedy; or
- become insolvent.
- General terms
- All notices must be given in writing.
- Nothing in this agreement will be taken as giving rise to a relationship of employment, agency, partnership or joint venture.
- This agreement contains the entire understanding between you and us concerning the subject matter of the agreement and supersedes all prior communications. This agreement may not be varied unless the variation is in writing and signed by you and us.
- This agreement is governed by, and construed in accordance with the laws of New South Wales, Australia. You and we agree to submit to the non-exclusive jurisdiction of the courts of New South Wales.
- Any warranty, indemnity, restraint or obligation of confidentiality in this agreement will survive termination.
- In this agreement:
Coaching Materials means all content or materials we make available to you during the term, including the Platform, guides, materials and other works created or produced by us arising in connection with the provision of the Coaching Services.
Coaching Services means the services set out in the Letter.
Confidential Information confidential, proprietary and commercially-sensitive information (irrespective of the form or the manner in which the information is disclosed, or the time of such disclosure) including information which:
- is identified as confidential or ought to have been known to be confidential; and
- relates to the business affairs and practices, including financial information, business opportunities, business plans, business processes and methodologies,
but does not include information which is in, or comes into, the public domain other than by a breach of this agreement, or which is independently known to the other party as evidenced by its written record.
End Date means on completion of your final session.
Fees means the fees set out at time of payment.
Intellectual Property Rights means all present and future rights conferred by statute, common law or equity in or in relation to any copyright, trade marks, designs, patents, circuit layouts, plant varieties, business and domain names, confidential information, inventions and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields whether or not registered, registrable or patentable.
Letter means the letter at page 1 of this document.
Platform means the platform and associated sites we make available to you as more fully described in the Letter.
Pre-Existing IP means any Intellectual Property Rights in any materials existing at the date of this agreement, including trade marks, designs, design specifications, software, hardware or other documentation and materials used in our or your business.
- In this document unless the context otherwise requires:
- clause and subclause headings are for reference purposes only;
- the singular includes the plural and vice versa;
- references to statutes include all statutes amending, consolidating or replacing such statutes;
- $ means the lawful currency of Australia;
- any reference to a party to this document includes its successors and permitted assigns; and
- the use of the word "includes" or "including" is not to be taken as limiting the meaning of the words preceding it.