Terms And Conditions

Terms and Conditions of Services for Coaching with Molly (ABN 93 693 850 423)

1.         Interpretation

In these Terms, unless otherwise stated:

a.    Headings and italics are for convenience only and do not affect the interpretation of these Terms;

b.    The singular includes the plural and vice versa;

c.    If a word or phrase has been defined, alternative grammatical forms of the defined word/ phrase have the same meaning;

d.    A reference to a document includes the document as altered, supplemented or replaced;

e.    A reference to a party includes the party’s executors, administrators, heirs, successors in title, permitted assigns and substitutes;

f.     A reference to a person includes a natural person, body corporate, partnership, trust, association or any other entity;

g.    A reference to a statute, ordinance, code or law includes regulations, rules and other instruments under the statute, ordinance, code or law and any consolidations, amendments, re-enactments or replacements;

h.    The meaning of general words is not limited by specific examples introduced by “including”, “for example” or similar expressions;

i.     Any agreement, representation, warranty or indemnity by two or more parties binds those parties jointly and severally;

j.     Any undertaking by a party not to do any act or thing will be deemed to include an undertaking not to permit or suffer the doing of that act or thing; and

k.    If a day on or by which an obligation must be performed or an event must occur is not a business day, the obligation must be performed, or the event must occur on or by the next business day.

2.         Results

2.1.    The outcomes of life coaching depend on your willingness to participate and follow through on the actions and changes identified outside the session.

2.2.    You must commit to showing up and participating fully in the sessions. You will only get out of coaching what you put into it. Outcomes are individual and depend on each client’s circumstances, challenges and preferences.

2.3.    Molly can discuss general outcomes associated with particular techniques and support you to work towards your goals to the best of her ability.

2.4.    Coaching with Molly is not responsible for any particular outcome, as outcomes vary between clients and depend on your participation, effort and personal circumstances.

3.         Booking and Supply of Services

3.1.    Any quotation or estimate provided by Molly does not constitute a binding offer to supply services.

3.2.    Unless Molly states otherwise, any quotation or estimate remains valid for 30 days from the date it is given. However, Molly may withdraw or vary a quotation at any time before accepting your request for services.

3.3.    Any booking request made by you, or your acceptance of any services supplied by Molly, will constitute your agreement to these Terms.

3.4.    A booking is only confirmed once Molly accepts it, whether by written confirmation, invoice, or by providing the relevant service.

3.5.    If Molly accepts a booking request, a binding contract is formed. Molly will provide the services, and you will pay the applicable price in accordance with these Terms and any agreed booking details.

3.6.    Any cancellation or rescheduling of services is subject to the cancellation, rescheduling and refund provisions set out in this Agreement.

3.7.    You must provide Molly with any information reasonably required to provide the coaching services safely and appropriately.

3.8.    If, at any time, Molly considers that the information, instructions or other details provided by you are insufficient to enable her to provide the services, you must, at your own cost, provide any further information, documents or assistance reasonably requested.

3.9.    Molly may rely on the accuracy of any information you provide when delivering the coaching services.

3.10.  If information you provide is inaccurate or incomplete and this affects the services, Molly may discuss with you whether any change to scope, timing or price is reasonably required.

3.11.  You acknowledge that coaching is a collaborative process and that the suitability of any topic, goal or action discussed depends on your personal circumstances and judgment.

3.12.  Unless otherwise agreed, the services do not include advice or support outside the scope of the session, program or package you have booked.

3.13.  Molly may decline, suspend or cancel a booking before a service is provided if reasonably necessary, including where the services are not suitable or cannot be delivered. In that case, any amount paid in advance for the affected services will be refunded, unless the law permits otherwise.

4.         Price

4.1.    Unless otherwise agreed in writing, the price for coaching services will be the price notified by Molly at the time of booking.

a.    Molly may require payment in advance of a session, program or package.

b.    If Molly changes her prices for future services, she will provide reasonable notice before the new prices apply.

4.2.    You must pay all amounts due to Molly in full, without deduction or set-off, unless the law requires otherwise.

4.3.    Molly will not charge any additional fee unless that fee has been disclosed to you in advance or is otherwise permitted by law.

5.         Cancellation and Rescheduling Policy

5.1.    1:1 Sessions:

a.    A 1:1 session may be rescheduled at no additional cost if you provide at least 24 hours’ written notice to Coaching with Molly.

b.    If sessions are consistently being rescheduled, Molly may discuss with you whether the services are still a suitable fit for your needs.

c.    You are expected to attend all booked sessions.

d.    If you cannot attend a scheduled appointment time, you should notify Molly as soon as reasonably possible.

e.    If you provide less than 24 hours’ notice, the session may be treated as used, unless Molly determines otherwise or you have rights at law that require a different outcome.

6.         Group Sessions:

a.    Group Sessions cannot generally be cancelled or rescheduled once booked, unless otherwise required by law.

b.    You are expected to attend at the scheduled time.

c.    If you are unable to attend, a recording may be provided to you, at Coaching with Molly’s discretion.

d.    You are expected to attend all live group sessions. Missing two or more group sessions may result in Coaching with Molly terminating this Agreement and ceasing to provide services to you.

7.         Refunds

7.1.    Refunds for 1:1 Sessions (including where purchased in a package deal) are not automatic and will generally only be considered by Coaching with Molly in accordance with this clause and any rights you may have at law.

7.2.    A request for a refund of a 1:1 session should be made in writing and, unless Molly agrees otherwise, must be made with at least 48 hours’ prior written notice. For clarity, a session may still be rescheduled with at least 24 hours’ written notice under the cancellation and rescheduling policy above.

7.3.    Group Sessions may be refunded if you provide written notice of your intention to cancel and request a refund at least 14 days before the first group session, unless a different outcome is required by law.

7.4.    In the event of an emergency or other unforeseen circumstance, Coaching with Molly may consider whether a refund, credit or rescheduling option is appropriate, subject to any rights you may have at law.

7.5.    Coaching with Molly reserves the right to immediately shorten, terminate or cancel any session if you engage in disrespectful, inappropriate, harassing or bullying behaviour. In that circumstance, any refund will be determined in accordance with this Agreement and any rights you may have at law.

8.         Service Delivery

8.1.    Coaching services are taken to have been supplied when the relevant session, program, support, resource or other agreed service is provided to you.

8.2.    You are responsible for attending sessions on time and for ensuring you have an appropriate private space, internet connection and device for any online session.

9.         Session Materials and Access

9.1.    Molly may withhold access to sessions, programs, notes or other materials until all amounts due for those services have been paid.

9.2.    Any notes, worksheets, recordings or other materials provided by Molly are for your personal use only unless Molly agrees otherwise in writing.

10.      Force Majeure

Coaching with Molly will not be liable to you for any failure to perform, or delay in performing, Molly’s obligations under these Terms or a Contract if the failure or delay is due to any cause beyond Molly’s reasonable control. If any such failure or delay continues for a period of 14 days Molly may terminate any affected Contract.

11.      Confidentiality and Intellectual Property

11.1.  You must keep confidential any non-public materials, methods or business information provided by Molly, except where disclosure is required by law.

11.2.  All intellectual property rights in Molly’s session materials, notes, templates, resources and program content remain owned by Molly unless otherwise agreed in writing.

11.3.  Molly grants you a personal, non-transferable right to use those materials for your own personal development in connection with the coaching services.

11.4.  If you choose to provide Molly with documents, writing or other materials, you confirm that you are entitled to share them for the purpose of receiving coaching services.

12.      Client Responsibilities

You are responsible for ensuring that coaching is suitable for your circumstances, for obtaining any medical, psychological, legal, business or financial advice you may need, and for making your own decisions throughout the coaching process.

13.      Payment Terms

13.1.  Unless otherwise agreed, invoices must be paid by the due date shown on the invoice.

13.2.  Molly may suspend future services until overdue amounts are paid.

13.3.  If any amount remains unpaid after its due date, Molly may charge reasonable interest on the overdue amount at a rate of 10% per annum, calculated daily from the due date until payment is received in full. You must also reimburse Molly for any reasonable costs properly incurred in recovering the overdue amount, to the extent permitted by law.

14.      Warranties

14.1.  Molly will provide coaching services with due care and skill and in accordance with any consumer guarantees that apply by law.

14.2.  Except as required by law, Molly does not guarantee any particular outcome, result or transformation from coaching services.

14.3.  Nothing in these Terms is intended to exclude, restrict or modify any rights or remedies that cannot lawfully be excluded, restricted or modified under applicable law, including the Competition and Consumer Act 2010 (Cth) and any applicable Fair Trading Act.

15.      Liability

15.1.  To the extent permitted by law, Molly’s liability for any claim arising out of the coaching services or this Agreement is limited to the amount paid by you for the relevant services that gave rise to the claim.

15.2.  To the extent permitted by law, Molly is not liable for indirect, consequential or special loss, including loss of profit, opportunity or reputation.

15.3.  Nothing in this clause limits any rights or remedies that cannot lawfully be excluded or limited.

15.4.  Each party should take reasonable steps to minimise any loss arising from a claim under this Agreement.

16.      Client Indemnity

You indemnify Molly against loss arising from your unlawful conduct, your misuse of coaching materials, or your breach of this Agreement, except to the extent the loss was caused by Molly’s negligence or breach of law.

17.      Definitions:

In these Terms,

“Agreement” means this client agreement including the schedule and these terms and conditions;

“services” means the coaching sessions, programs, support, resources or related services provided by Molly;

“client”, “you” or “your” means the person receiving the services; and

“Molly”, “we”, “us” or “our” means Coaching with Molly.