COACHING AGREEMENT

These Terms and Conditions explain the nature of working with Claire Solomon and the terms by which the Client agrees to make use of Claire Solomon’s coaching and consulting services.

 

CLAIRE SOLOMON

Claire Solomon operates as a registered business with ABN 52 186 013 600 with a postal address of PO Box 29, Avondale Heights, VIC 3034.

Claire Solomon is a Certified Akashic Records Practitioner and Intuitive Business Strategist offering specialised life and business advice.

ACCEPTANCE & RESPONSIBILITY

By agreeing to enter into a business relationship with Claire Solomon and purchasing any of the services or products, the Client will be deemed to have agreed to be bound by these Terms and Conditions.

Upon entering a business relationship with Claire Solomon, the Client agrees to be open about their life and business needs and strategy so Claire Solomon can assist the client as efficiently as possible. 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. 

Description of Coaching: Coaching is partnership (defined as an alliance, not a legal business partnership) between the Coach (Claire Solomon) 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.

The 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 interactions with Claire Solomon. As such, the Client agrees that Claire Solomon 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 Claire Solomon. The 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. 

The Client acknowledges that coaching is not to be used as a substitute for counseling, 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 the 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 Claire Solomon.

The Client agrees to enter a business relationship with Claire Solomon freely, at their own risk and is responsible for any capital they may choose to spend implementing concepts discussed while working with Claire Solomon. The Client will implement any concepts with skill and common sense and not hold Claire Solomon liable or accountable in any way for any failure of the service to live up to their expectations.

PAYMENT, EXPENSES AND COMPENSATION

Legislation may confer certain rights, warranties, guarantees and remedies relating to the provision of the Services which cannot be excluded, restricted or modified, including but not limited to the Australian Consumer Law (“ACL”). At no time are these statutory rights sought to be excluded. Claire Solomon will at all times abide by the ACL in relation to any refund, warranty or guarantee.

SERVICES, FEES & PROCEEDURE

The business relationship between Claire Solomon and the Client will not commence until the initial payment has been received, and these Terms & Conditions have been agreed to.

No refunds will be provided once access to the program has commenced. By agreeing to a payment plan, the Client commits to the full program fee. This is not a pay-as-you-go arrangement; ongoing access to the SoulCodes® program, including all materials and coaching, is contingent upon timely payments as per the agreed schedule.

If a payment is missed, access to the program—including all materials and coaching—will be immediately suspended. If the payment remains outstanding for 14 days, a late fee of $50 USD will be added to the account. If the balance is not resolved, the Client risks losing permanent access to the program.

Accounts that remain unpaid beyond 14 days will incur interest charges in accordance with the current statutory rate. Should debt collection be necessary, the Client will be responsible for all additional costs incurred, including fees/commissions payable to debt collection agencies.

The parties agree to engage in the Coaching Program which includes 6 months of personalized coaching. This program features a minimum of 3  x 1:1 coaching days via Voxer each month, daily feedback on business and marketing strategies (available Monday-Friday) and lifetime access to the SoulCodes® program materials.

Unused daily feedback or coaching days are non-transferable, do not roll over, and will expire if not used within the allotted timeframe. All coaching and Voxer mentoring should be completed within the 6-month program period, after which the mentoring portion will conclude.

The agreed fees for the Coaching Program are as follows:

  • Paid in full: $1997 USD, due upfront, with immediate access to all program content
  • Monthly payment plan: 6 x $333 USD monthly payments, with each new module unlocking monthly
  • Weekly payment plan: 24 x $88 USD weekly payments, with each new module unlocking monthly

WORKING CONDITIONS

Claire Solomon’s working hours are flexible, Monday to Friday between 9am-5pm and select after hours appointments. Should the Client have any requests which require attention outside these working hours or at weekends, they must notify Claire Solomon in advance and may incur an additional fee.

The Client is responsible for providing a time-frame for completion of any task request or project and should a request be deemed urgent or required to be completed within 24 hours, the Client is responsible for notifying Claire Solomon in writing, within a sufficient and reasonable time-frame for the work to be completed.

Claire Solomon defines an urgent request as a technical error or task that the Client would like completed within 24 hours for valid, professional reasons. Any Client who appears to be requesting urgent tasks on a regular basis, will have their agreement reviewed to see if there is a better way to manage their demands.

Claire Solomon reserves the right to refuse any ad-hoc or urgent requests at any time for the following reasons:

  • she is on annual leave or sick leave
  • it is a Public Holiday
  • she feels the request is unreasonable or a breach of these terms and conditions
  • the task is beyond her technical experience
  • she feels the task is to be completed in an unreasonable time frame
  • access to a computer or the internet is limited

 

EXPECTATIONS

The Client understands that he/she is hiring Claire Solomon as an external party and that Claire Solomon is not an employee of the Client.

The Client understands that Claire Solomon is a Life & Business Consultant, not a personal assistant/secretary and will therefore not complete tasks of this nature.

Claire Solomon will not be held responsible for delays in the completion of the program as a result of the Client not providing information and required assets and resources in a timely manner.

Claire Solomon has the right to hire assistants as subcontractors or to use employees under her direction to provide the services required by this agreement. Any subcontractors or employees will be required to comply with the terms of this agreement and Claire Solomon shall remain responsible for the overall delivery and performance of the program.

The Client expects to be treated with respect and appreciation, and therefore provides the same to Claire Solomon at all times.

NOTICE PERIODS

Claire Solomon reserves the right to terminate the agreement with the Client immediately should she deem the Client to be in breach of these terms and conditions.

CONFIDENTIALITY

This confidentiality clause includes:

  • all information relating to the Client, including his/her identity and any information about his/her matters, business, transactions, affairs, products, systems, client and customer information and anything which is specified to be confidential
  • all of the Clients email correspondence (personal or business related) and private website/social media engagement
  • all of the Clients passwords and login details for email, websites and any other online systems
  • all information about the Client or his/her associates, financial affairs, strategic or management plans, marketing, technical/development plans and any other information which is treated by the Client or his/her associates as confidential.

 

Claire Solomon agrees to treat the Clients information above as strictly confidential and this obligation applies both during this agreement and afterwards. Claire Solomon will not share the Client’s information with any third party unless compelled to do so by law. The above does not apply to information that is freely available to the public.

 

INTELLECTUAL PROPERTY

Claire Solomon logo, information, resources and material on www.clairesolomon.com and within the private member portal are the intellectual property of Claire Solomon and are protected as such. This material may not be used (except for the intended purpose), copied, reproduced, published, stored on a retrieval system, altered or transmitted in any form without the prior written consent and approval of Claire Solomon.

NO CONFLICT OF INTEREST

Claire Solomon is not exclusive to the Client and is free to enter into contracts with third parties for the provision of services by Claire Solomon at all times including while this Agreement is in force.

LIMITATION OF LIABILITY AND INDEMNITY

Claire Solomon and the Client shall each take out and maintain adequate insurance to cover its obligations under this Agreement.

The Client agrees that once the work has been delivered, the Client indemnifies Claire Solomon entirely for errors or omissions.

Claire Solomon and their representatives are in no way liable for any loss or damages whether direct, indirect or consequential which the Client may suffer in reliance directly or indirectly on all or any part of the Services. The Client shall indemnify and hold harmless Claire Solomon from and against any and all actions, claims, liabilities, proceedings or demands which may be brought against them in respect of any loss or damage (including loss of income, revenue, or profits in addition to reasonable legal fees and expenses).

The liability of Claire Solomon is governed solely by the Australian Consumer Law (ACL) and the terms of this Agreement. Any other conditions and warranties which may be implied by custom, law or statute are expressly excluded.

The Client acknowledges and agrees that they use the Services at their own risk. In engaging the Services, the Client agrees they are liable for and agrees to indemnify and hold Claire Solomon harmless for and against any and all claims, liabilities, actions and expenses which may result either directly or indirectly from a breach of this Agreement, use or misuse of the Services or in connection with any of the Services.

The Services involve interpretation and analysis that provides a result in the favour of the Client as per the Client instructions. The Client acknowledges that due to their specific instructions to provide analysis that is favourable to their business, it will result in materials and work that is subjective and not objective, as a result. The Client agrees to indemnify Claire Solomon for any claims resulting from their instructions or materials produced as a result.

Claire Solomon cannot be held responsible for how, where or the manner in which the Client presents any of the Services. The Client shall indemnify, defend and hold Claire Solomon harmless against any and all claims that may be brought against Claire Solomon as a direct or indirect result of providing the Services to the Client. The Client understands that they, therefore, engage the Services at their own risk.

In any case, Claire Solomon’s liability is limited at all times to amount of the last invoice fees paid by the Client.

DISPUTE RESOLUTION

In the event a dispute arises out of or in connection with the Agreement, the Parties will attempt to resolve the dispute through friendly consultation.

If the dispute is not resolved within a reasonable period then any or all outstanding issues may be submitted to mediation in accordance with any statutory rules of mediation.

If mediation is unavailable or is not successful in resolving the entire dispute, any outstanding issues will be submitted to final and binding arbitration in accordance with the laws of the State of Victoria. The arbitrator’s award will be final, and judgment may be entered upon it by any court having jurisdiction within the State of Victoria.

PROVISION

If any provision of this Agreement is held to be invalid under the law, the validity of the whole shall not be affected. The remaining provisions will remain in full force and effect.

OTHER

The Client agrees to write or video a testimonial and allow Claire Solomon to use this content in Claire Solomon’s own advertising and portfolio.

ENTIRE AGREEMENT

This agreement constitutes the entire agreement between the parties hereto and replaces and supersedes all prior agreements between the parties relating to this same subject matter.

GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with the Laws of the State of Victoria, Australia.

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