ELITE COACHING

TERMS & CONDITIONS

Kat John Pty Ltd Coaching Agreement

Description of Coaching
Coaching is a partnership (defined as an alliance, not a legal business partnership) between the Coach and the Client in a thought-provoking and creative process that inspires the client to maximise 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.

1) Coach-Client Relationship
A. Kat John agrees to maintain the ethics and standards of behaviour established by the International Coach Federation “(ICF)” (coachfederation.org/ethics). It is recommended that the Client review the ICF Code of Ethics and the applicable standards of behaviour.

B. Client is solely responsible for creating and implementing his/her own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the coaching relationship and his/her coaching calls and interactions with the Kat John. As such, the Client agrees that Kat John 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 Kat John. Client understands coaching is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease.

C. Client further acknowledges that he/she may terminate or discontinue the coaching relationship at any time. Please refer to (3) Schedule and Fees section for refund policy.

D. Client acknowledges that coaching is a comprehensive process that may involve different areas of his or her life, including work, finances, health, relationships, education and recreation. The Client agrees that deciding how to handle these issues, incorporate coaching principles into those areas and implementing choices is exclusively the Client’s responsibility.

E. Client acknowledges that coaching does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association and that coaching is not to be used as a substitute for counselling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals and that it is the Client’s exclusive responsibility to seek such independent professional guidance as needed. If Client is currently under the care of a mental health professional, it is recommended that the Client promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by the Client and Kat John.

F. The Client understands that in order to enhance the coaching relationship, the Client agrees to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the program.

2) Services
The parties agree to engage in a 6 Month Coaching Program through in-person (face-to-face), online (Zoom) and/or telephone meetings depending on location and accessibility of the Client. Kat John will be available to Client by email in between scheduled meetings and respond to emails that require a response within 72 hours of the Client sending the email.

3) Schedule and Fees
This coaching agreement is valid as of the date of the first session booked and confirmed via Acuity Scheduling. The fee is $4940 +GST and/or specific amount confirmed via email per month based on a weekly, fortnight or monthly payment plan. The calls/sessions are 75 minutes in duration. If rates change before this agreement has been signed and dated, the prevailing rates will apply. The refund policy in effect for the term of this Agreement is as follows: No refunds will be given at any stage to the Client unless Kat John sees it in the best interest of the client to terminate Coaching Services. If the Client chooses to terminate Coaching Services during the Six Month Program, the Client will not be eligible for a refund.

4) Procedure
The time of the coaching meetings and/or location will be determined by Kat John and Client based on a mutually agreed upon time. For online sessions Kat John will initiate all scheduled meetings at the following web address https://us04web.zoom.us/j/6851481587. If Kat John will be at any other number for a scheduled call, the Client will be notified prior to the scheduled session time.

5) Confidentiality
This coaching relationship, as well as all information (documented or verbal) that the Client shares with Kat John as part of this relationship, is bound by the principles of confidentiality set forth in the ICF Code of Ethics. However, please be aware that the Coach-Client relationship is not considered a legally confidential relationship (like the medical and legal professions) and thus communications are not subject to the protection of any legally recognised privilege. Kat John agrees not to disclose any information pertaining to the Client without the Client’s written consent. The Coach will not disclose the Client’s name as a reference without the Client’s consent. Confidential Information does not include information that:

(a) was in the Coach’s possession prior to its being furnished by the Client;
(b) is generally known to the public or in the Client’s industry;
(c) is obtained by the Coach from a third party, without breach of any obligation to the Client;
(d) is independently developed by the Coach without use of or reference to the Client’s confidential information; or
(e) the Coach is required by statute, lawfully issued subpoena, or by court order to disclose;
(f) is disclosed to the Coach and as a result of such disclosure the Coach reasonably believes there to be an imminent or likely risk of danger or harm to the Client or others; and
(g) involves illegal activity.

The Client also acknowledges his or her continuing obligation to raise any confidentiality questions or concerns with Kat John in a timely and reasonable manner.

6) Cancellation Policy
Client agrees that it is the Client's responsibility to notify the Kat John 24 hours in advance of the scheduled calls/meetings. Rescheduling or cancellations require 72 hours notice to avoid session deduction. If you need to cancel or change your session within 24 hours, you’ll be responsible for the deduction of the session from the total amount of sessions during the Six Month Program. Should Kat John need to cancel or reschedule your session due to illness or an emergency, you will be session credited for your session.

7) Termination
Either the Client or Kat John may terminate this Agreement at any time with 4 weeks written notice. Client agrees to compensate the Coach for all coaching services rendered through and including the effective date of termination of the coaching relationship.

8) Limited Liability
Except as expressly provided in this Agreement, Kat John makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the coaching services negotiated, agreed upon and rendered. In no event shall Kat John be liable to the Client for any indirect, consequential or special damages. Notwithstanding any damages that the Client may incur, Kat John’s entire liability under this Agreement, and the Client’s exclusive remedy, shall be limited to the amount actually paid by the Client to the Coach under this Agreement for all coaching services rendered through and including the termination date.

11) Entire Agreement
This document reflects the entire agreement between Kat John and the Client, and reflects a complete understanding of the parties with respect to the subject matter. This Agreement supersedes all prior written and oral representations. The Agreement may not be amended, altered or supplemented except in writing signed by both Kat John and the Client.

12) Dispute Resolution
If a dispute arises out of this Agreement that cannot be resolved by mutual consent, the Client and Kat John agree to attempt to mediate in good faith for up to 60 days after notice given. If the dispute is not so resolved, and in the event of legal action, the prevailing party shall be entitled to recover attorney’s fees and court costs from the other party.

13) Severability
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

14) Waiver
The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.

15) Applicable Law
This Agreement shall be governed and construed in accordance with the laws of the State of Victoria, without giving effect to any conflicts of laws provisions.

16) Binding Effect
This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns. Please sign both copies and return one copy of this Client Agreement prior to the first scheduled coaching meeting. Retain one copy for your records and mail the other to: