Terms of Agreement
On execution by checking “I agree”, or emailing a statement of agreement, or otherwise enrolling, electronically, verbally, or otherwise, in the course, you (“the Client”) shall be bound by the terms of this Agreement with Helen Fitness Consulting, GST Number 43-087-525, having its Registered Offices located at 299 East Coast Road, Mairangi Bay, Auckland 0630, New Zealand, the sole proprietor being Helen Fitness (“the Coach”), according to the below terms and conditions. A facsimile, electronic, or e-mailed executed copy of acceptance of this Agreement, with a written or electronic signature or statement, shall constitute a legal and binding instrument with the same effect as an originally signed copy.
Terms and Conditions
The Coach agrees to maintain the ethics and standards of behaviour set by the International Coach Federation “(ICF)”. https://coachfederation.org/code-of-ethics
The Client is responsible for creating and implementing his/her own physical, mental and emotional well-being, decisions, choices, actions and results. As such, the Client agrees that the Coach is not and will not be liable for any actions or inaction, or for any direct or indirect result of any services provided by the Coach. 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 understands that coaching is not to be used as a substitute for professional advice by legal, mental, medical or other qualified professionals and will seek independent professional guidance for such matters. If the Client is currently under the care of a mental health professional, the Client must advise the Coach. The Coach will recommend that the Client inform the mental health care provider.
The Client agrees to communicate honestly, be open to feedback and assistance and create the time and energy to participate fully in the Programme.
The Client agrees to at all times behave professionally, courteously and respectfully with the Coach and other clients. The Client agrees to abide by any course rules or regulations presented by the Coach. The failure to abide by course rules shall be cause for termination of this Agreement.
The Coach agrees to provide education, seminar, consulting, personal coaching, and/or business coaching (“Programme”) to the Client focusing on the mutually agreed outcomes and/or goals. The terms of this Agreement shall be binding for any further goods/services supplied by the Coach to the Client. Parties agree that the Programme is in the nature of coaching and education. The scope of services rendered by the Coach pursuant to this Agreement shall be solely limited to those contained therein and provided for on the Coach’s website as part of the Programme. The Coach reserves the right to substitute services equal to or comparable to the Programme for the Client if the need arises. The Coach may also be available for additional time, per the Client’s request and as mutually agreed subject to additional Fee payable by the Client.
Parties agree to engage in the Programme through the mutually agreed communication channel(s) e.g. face-to-face, Skype or other video technology, or telephone. The Coach will be available to the Client by e-mail and messenger applications in between scheduled consultations as mutually agreed. The time and frequency of the consultations will be mutually agreed by the Coach and the Client. The Client will initiate all scheduled consultations and will contact the the Coach using the agreed communication channel for all scheduled consultations. Any variations to the Procedure must be notified to either party not less than 12 hours prior to the scheduled consultation. If the Client cancels less than 12 hours prior to a scheduled consultation, the Client forfeits that consultation without refund and it may not be re-scheduled. Any and all costs and expenses associated with certain consultations, including but not limited to, travel, accommodation or mobile/internet/landline charges are the responsibility of the Client.
The Programme will be completed within the agreed time frame. Any variations will be mutually agreed by the Coach and the Client.
All information (documented or verbal) that the Client shares with the Coach pursuant to this Agreement is bound to confidentiality by the ICF Code of Ethics but is not considered a legally confidential relationship (as in regulated professions such as Medicine or Law). The Coach 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 written 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 the Client’s confidential information; or (e) that the Coach is required by law to disclose.
Release of Certain Information
The Coach engages in training and continuing education pursuing and/or maintaining ICF Credentials. That process may require the names and contact information of all clients for possible verification by the ICF. By accepting this Agreement, Client agrees to have only his/her name, contact information and start and end dates of Programme shared with ICF staff members and/or other parties involved in this process for the sole purpose of verifying the coaching relationship. No personal notes shall be shared. According to the ICF ethics, topics may be anonymously and hypothetically shared with other coaching professionals for training, supervision, mentoring, evaluation, further coach professional development and/or consultation purposes. No personally identifiable data shall be shared.
The Client may on simple request addressed to email@example.com, have free access to all the information related to him. The Client may require correction, clarification, or withdrawal of the data pursuant to the European Union’s General Data Protection Regulation (GDPR). The Client may have the right to oppose the disclosure of his data to a third party at the moment the data is collected.
The Client agrees to compensate the Coach according to the payment schedule set forth on the Coach’s website, or via email, or via payment schedule and the payment plan selected by the Client (“Fee”) or otherwise noted in this Agreement. Upon execution of this Agreement, the Client shall be responsible for the full extent of the Fee. The Coach shall charge 5% (five-percent) per annum late penalty to all balances that are not paid in a timely manner. If the Fee changes before this Agreement has been signed and dated by the Client, the prevailing Fee will apply.
Either the Client or the Coach may terminate the Agreement at any time with 2 weeks written notice. In the event of termination by the Coach, the refund to the Client shall be calculated as pro-rata of the Fee with a 5% (five-percent) penalty for administration costs. If the Client terminates the Agreement for any reason whatsoever, the Client will receive no refund and shall remain responsible for all outstanding amounts of the Fee. In the event of termination for the Client’s breach of any course rules or regulations, the Client shall not be entitled to recoup any amounts paid and shall remain responsible for all outstanding amounts of the Fee.
Chargebacks and Payment Security
To the extent that the Client provides the Coach with credit card(s) information for payment on the Client’s account, the Coach shall be authorised to charge the Client’s credit card(s) for any unpaid charges on the dates set forth herein. If the Client uses a multiple-payment plan to make payments to the Coach, the Coach shall be authorised to make all charges at the time they are due and not require separate authorisation in order to do so. The Client shall not make any charge backs to the Coach’s account or cancel the credit card that is provided as security without the Coach’s prior written consent. The Client is responsible for any fees associated with recouping payment on charge backs and any collection fees associated therewith. The Client shall not change any of the credit card information provided to the Coach without notifying the Coach in advance.
No Resale of Services Permitted
The Client agrees not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes, any portion of the Programme (including course materials), use of the Programme, or access to the Programme. This Agreement is not transferable or assignable without the Coach’s prior written consent.
No Transfer of Intellectual Property and use of the Website
The Client may only use the website, print a copy, and download extracts, of any page(s) from the website for his personal noncommercial use. The Client must not (i) publicly broadcast such elements in any media, (ii) make any modifications to any such element, and (iii) make any additional representations or warranties relating to such elements.
When using the site, the Client agree to comply with these Terms of Services/Use and with all applicable laws. In particular, the Client may not:
use the site in an unlawful or fraudulent manner or for such purposes, to collect personally identifiable information;
use the site to transmit any data, that contains viruses, decompile, reverse any portion of the site;
copy or reproduce the architecture or “look and feel” of the site.
Limitation of Liability
By using the Coach’s services and enrolling in the Programme, Client releases the Coach from any and all damages that may result from anything and everything. The Programme is only an educational/coaching service. The Client accepts any and all risks, foreseeable or unforeseeable, arising from such services. Regardless of the previous paragraph, if the Coach is found to be liable, the Coach’s liability to the Client or any third party is limited to the lesser of: (a) the total fees the Client paid to the Coach in the one month prior to the action giving rise to the liability, and (b) NZD 2,500. Client agrees that the Coach will not be held liable for any damages of any kind resulting or arising from, including but not limited to: direct, indirect, special, negligent, consequential, or exemplary damages incurred from the use or misuse of the Coach’s services or enrolment in the Programme. The Client agrees that use of the Coach’s services is at the Client’s own risk. To the extent permitted by law, the Coach excludes all conditions, warranties, representations or other terms which may apply to the Coach’s services and to use of his website or any content on it, whether express or implied.
Unless prohibited by mandatory provisions, the Coach does not guarantee that his website will be secure or free from bugs or viruses.
Where the Coach’s site contains links to other sites and resources provided by third parties, including but not limited to external advertising or link to social networks (including notably LinkedIn, Twitter etc.) these links are provided for the Client’s information only.
The Coach has no control over the contents of those sites or resources; and is not responsible for such content. Links do not imply that the Coach or his Website is/are affiliated or associated with such sites.
Disclaimer of Guarantee
The Client accepts and agrees that he/she is wholly responsible for his/her progress and results from the Programme. The Client accepts and agrees that he/she is the one vital element to the Programme’s success and that the Coach cannot control the Client. The Coach makes no representations or guarantees verbally or in writing regarding performance of this Agreement other than those specifically enumerated herein. The Coach disclaims the implied warranties of titles, merchantability, and fitness for a particular purpose. The Coach makes no guarantee or warranty that the Programme will meet the Client’s requirements or that all clients will achieve the same results.
In the event that a dispute arises between the parties or a grievance by the Client, the parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. In the event of a dispute between the parties, the parties agree that they neither will engage in conduct or communications, public or private, designed to disparage the other.
The Client shall defend, indemnify, and hold harmless the Coach, from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or wilful misconduct by the Coach. The Client shall defend the Coach in any legal actions, regulatory actions, or the like arising from or related to this Agreement. The Client recognises and agrees that the Coach shall not be held personally responsible or liable for any actions or representations of the Coach.
In the event of any conflict between the provisions contained in this Agreement and any marketing materials used by the Coach, the provisions of this Agreement shall be controlling.
This Agreement shall be governed by and construed in accordance with the Laws of New Zealand. Any dispute which may arise between the parties out of or in relations to this Agreement shall be brought to the exclusive jurisdiction of the courts of Auckland.
This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, negotiations and understandings, oral or written. This Agreement may be modified only by an instrument in writing duly executed by both parties.
The ownership, non-disparagement, proprietary rights, and confidentiality provisions, and any provisions relating to payment of sums owed set forth in this Agreement, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination of this Agreement for any reason.
If any of the provisions contained in this Agreement, or any part thereof, is hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of such provision or any other provision contained herein, which shall be given full effect regardless of the invalid provision or part thereof.
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