Legal
This page sets out the terms that govern coaching services provided by Sara Klank. Please read carefully before commencing. You can also download the PDF version ↓
This Coaching Services Agreement ("Agreement") is made between Sara Klank, sole trader operating in Victoria, Australia ("Coach") and the participating client ("Client").
This Agreement commences on the date payment is received and is deemed accepted by the Client upon completion of payment.
Clause 1
1.1
The Coach agrees to provide coaching services to the Client for personal and/or professional development purposes.
1.2
Coaching is a collaborative, goal-oriented process designed to support the Client in achieving self-identified outcomes.
1.3
The Client acknowledges that coaching:
1.4
The Client agrees to seek independent professional advice where appropriate.
Clause 2
2.1
The Client acknowledges that:
2.2
The Client agrees to communicate honestly, be open to feedback, and actively participate in the coaching process.
2.3
The Client confirms they are over 18 years of age and legally capable of entering into this Agreement.
Clause 3
3.1
The total fee will be as agreed in writing prior to commencement of services.
3.2
Payment must be received prior to commencement of services unless otherwise agreed in writing.
3.3
If payment is not received, the Coach may suspend services until payment is made.
3.4
Where a Client has elected a payment plan and a scheduled payment is not received, the Coach reserves the right to suspend services until payment is made.
3.5
Fees are not refundable for change of mind.
3.6
Nothing in this clause limits the Client's rights under the Australian Consumer Law.
Clause 4
4.1
Coaching sessions will be conducted via video conferencing.
4.2
Sessions are approximately 60 minutes in duration.
4.3
The schedule will be mutually agreed, with sessions delivered fortnightly across 12 weeks.
4.4
If the Client is more than 15 minutes late, the session may be considered cancelled.
4.5
The Coach may provide limited email or voice message support between sessions between Monday to Friday as part of the program.
Clause 5
5.1
The Client must provide at least 24 hours' notice to cancel or reschedule.
5.2
Sessions cancelled with less than 24 hours' notice may be forfeited at the Coach's discretion. The Coach will aim to accommodate genuine emergencies wherever possible.
5.3
If more than two sessions are missed with insufficient notice, the Coach may suspend services.
5.4
Either party may terminate this Agreement with two (2) weeks' written notice.
5.5
Where the Agreement is terminated early, unused sessions may be forfeited unless otherwise agreed.
5.6
Nothing in this clause limits the Client's rights under the Australian Consumer Law.
Clause 6
6.1
The Client consents to sessions being conducted via electronic communication platforms.
6.2
With the Client's consent, sessions may be recorded for administrative purposes.
6.3
The Coach may use third-party software, including Artificial Intelligence tools, for note-taking, documentation, and administrative support.
6.4
The Client acknowledges that third-party providers may process or store information in accordance with their own privacy policies.
6.5
While reasonable steps are taken to protect confidentiality, the Coach is not responsible for breaches beyond her reasonable control.
Clause 7
7.1
The Coach will keep information shared by the Client confidential except:
7.2
If the Coach reasonably believes there is a serious and imminent risk of harm, the Coach may contact emergency services or appropriate third parties.
7.3
The Client is responsible for ensuring privacy on their end during online sessions.
Clause 8
8.1
Acknowledgement of Privacy Policy. The Client acknowledges that they have been provided with, or have had access to, the Coach's Privacy Policy and understand how their personal information will be collected, used, stored and disclosed.
8.2
Collection of Personal and Sensitive Information. The Client acknowledges that during the course of coaching services, the Coach may collect personal information and sensitive information (including health and wellbeing information) that is reasonably necessary to provide coaching services. The Client provides express consent to the collection and use of such information for the purpose of delivering coaching services and fulfilling professional and legal obligations.
8.3
Recording of Sessions. Coaching sessions will not be recorded without the Client's knowledge and consent. Where the Client consents to recording for administrative or note-taking purposes: recordings will be stored securely, access will be restricted, and recordings will not be shared without consent unless required by law. The Client may withdraw consent to recording at any time by notifying the Coach in writing.
8.4
Use of Third-Party Platforms and Artificial Intelligence Tools. The Client acknowledges that the Coach may use third-party platforms and software, including video conferencing services, secure cloud storage providers, and Artificial Intelligence (AI) tools for note-taking, session transcription (if applicable), administrative support, and record management. The Client understands that these third-party providers may process or store personal information in accordance with their own privacy policies.
8.5
Overseas Disclosure. The Client acknowledges that some third-party service providers engaged by the Coach may store or process data on servers located outside Australia. By entering into this Agreement, the Client expressly consents to the potential overseas disclosure of personal information for the purposes outlined in this Agreement.
8.6
Data Security and Risk Acknowledgement. The Coach takes reasonable steps to protect personal information from misuse, loss, unauthorised access, modification or disclosure. However, the Client acknowledges that no method of electronic transmission or storage is completely secure, and the Coach cannot guarantee absolute security of information transmitted electronically.
8.7
Withdrawal of Consent. The Client may withdraw consent to the collection or use of personal information at any time, subject to legal or contractual limitations. The Client acknowledges that withdrawing consent may impact the Coach's ability to provide services.
Clause 9
9.1
The Coach agrees to maintain professional and ethical standards consistent with recognised coaching bodies.
9.2
The Client acknowledges that outcomes are not guaranteed.
Clause 10
10.1
Nothing in this Agreement excludes, restricts or modifies any rights or remedies the Client may have under the Australian Consumer Law or any other law that cannot be excluded.
10.2
To the maximum extent permitted by law, the Coach's liability for any claim arising out of or in connection with this Agreement is limited to: (a) the re-supply of the services; or (b) the cost of having the services re-supplied.
10.3
The Coach is not liable for indirect or consequential loss.
10.4
The Client acknowledges that coaching involves personal decision-making and agrees that they are responsible for the outcomes of their decisions.
Clause 11
11.1
The Client agrees to indemnify and hold the Coach harmless from any claims, liabilities, or losses arising from the Client's actions taken as a result of coaching, except to the extent caused by the Coach's negligence or breach of law.
Clause 12
12.1
Neither party will be liable for delay or failure to perform obligations due to events beyond reasonable control, including illness, natural disasters, internet outages, or government restrictions.
Clause 13
13.1
This Agreement is governed by the laws of Victoria, Australia. The parties submit to the exclusive jurisdiction of the courts of Victoria.
Clause 14
14.1
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
Clause 15
15.1
This Agreement constitutes the entire agreement between the parties and supersedes all prior discussions or understandings.
15.2
By engaging in coaching services with Sara Klank, the Client acknowledges they have read and agree to the terms outlined in this Agreement.
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