Kitsune Coaching Solutions

Coaching Service terms & conditions

Acceptance

Please read these Terms and Conditions thoroughly before accessing or using the information and Services available through the Website. The Services are offered to You conditional upon Your acceptance of these Terms and Conditions.

If you access this Website from outside Australia, you are also responsible for ensuring compliance with all applicable laws in the place where You are located.

Amendments

We may amend these Terms and Conditions by providing You with reasonable notice.

Term of Services

We agree to provide the Services to You in accordance with these Terms and Conditions. From the commencement of the Initial Term, you will receive:

(a) An initial call with Tracey Yeoman of Kitsune Coaching Solutions.

(b) Access to Group Coaching calls

(c) Support via the Magnificent Misfits Facebook group, Facebook messenger and email. We ask that You make this Your first point of contact outside of Your one-on-one or group coaching sessions.

This allows You to learn from those who have taken action already and for others to learn from You;

(d) Access to the Members Platform containing the tools, techniques, systems and materials.

(e) Access to book and attend reactive one-on-one coaching sessions. The frequency, date and time of these sessions are to be agreed by You and Us and depend on membership commitment.

Intellectual Property of Services

We have and retain ownership (including all Intellectual Property Rights) of all information contained on the Website, in the Services and other documents prepared and provided to You. This includes but is not limited to all presentations, outlines, coaching programs, coaching exercises, instructions, and information contained in emails. If You want to copy, adapt, distribute, re-use, store or display any information We give to You, You can only do so with Our written permission.

Information

The information provided on this Website by Us and third-party suppliers is intended to assist in holistically facilitating a better quality of life. You acknowledge and agree that the information published is only intended to provide general information in summary form.

Kitsune Coaching Solutions nor third-party suppliers can guarantee the suitability of the Services or provide legal advice or financial advice.

Kitsune Coaching Solutions provides Counselling or therapy services, which are covered under a separate agreement and are separate from our coaching membership or coaching services. If you have engaged in our Coaching services and are seeking additional therapy services, we can provide links for directory services where you may find a suitable therapist.

It is Your sole responsibility to evaluate the accuracy, completeness and usefulness of all opinions, Services, and other information provided through the Website.

Use of Services

Our Services are impacted by the time You dedicate to engagement. You understand that results are not guaranteed and are directly impacted by Your ability to integrate and apply the techniques into your life.

You may use Our Services and other documents in relation to the work for which they were prepared. We do not take responsibility for the re-use or reproduction of Our Services, documents, or techniques.

Confidential Information

We will keep confidential all confidential information received from You during the supply of the Services in accordance with privacy laws. However, We may disclose information to staff if necessary to support service provision. Release of Information: (Optional, based upon specific situation)

The Coach engages in training and continuing education, pursuing and/or maintaining ICF (International Coach Federation) Credentials. That process requires the names and contact information of all Clients for possible verification by the ICF. By signing this agreement, you agree to have only your name, contact information and start and end dates of coaching shared with ICF staff members and/or other parties involved in this process for the sole and necessary purpose of verifying the coaching relationship. No personal notes will be shared.

By continuing membership and services, it will be assumed you agree to share the above information with ICF, if you do not agree, please notify us in writing via email at [email protected].

According to the ethics of our profession, topics may be anonymously and hypothetically shared with other coaching professionals for training, supervision, mentoring, evaluation, and for coach professional development and/or consultation purposes.

Fees

You agree to pay Us all Fees at the rate agreed. The Fees payable by You are the Fees displayed at checkout on the Website prior to agreeing to these Terms and Conditions and purchasing or renewing the Services.

There is a 14-day cool-down cancellation period from the time of payment for membership or renewal commitments minus the cost of any services provided in that time.

Method of Payment

The sums payable under these Terms and Conditions are to be paid by a credit or debit card unless otherwise agreed in writing by Us.

Frequency of Payment

You may pay any sums payable under these Terms and Conditions by selecting one of the following options at checkout on the Website: (a) Direct debit (b) A lump sum payment of all Fees for the Initial Term Direct debit payments are handled by Stripe. Please review and familiarise Yourself with their terms and conditions.

Where one payment has been made by You through the Website link to Stripe, You authorise and allow Kitsune Coaching Solutions to retain Your payment details and to set up a direct debit payment or any future service renewal payments under these Terms and Conditions.

Cancellation within the Initial Term

We may cancel the Services at any time during the Initial Term, by providing You with 7 days' written notice. However, notice will not be required where We terminate Our Services because of any payment due by You to Us is not paid by the due date or any other breach of these Terms and Conditions.

You may cancel the Services at any time during the Initial Term, by providing Us with 30 days’ written notice to [email protected]. You must pay all fees for the initial term period.

Cancellation after Initial Term

You may cancel the Services after the Initial Term by providing Us with 14 days’ written notice to [email protected].

We may cancel the Services at any time by providing You with 7 days written notice. However, notice will not be required where we terminate Our services because of any payment due by You to Us is not paid by the due date or any other breach of these Terms and Conditions.

If Our Services are terminated for any reason outside of the Initial Term, You must pay Our Fees and other charges up until the end of the notice period.

You understand and agree that the charges in this clause are reasonable to protect Our legitimate business interests.

Referral

If You introduce a potential customer to Us who agrees to these Terms and Conditions and becomes a Member, You will be entitled to two weeks free membership (Referral Benefit). You understand and agree that the Referral Benefit:

(a) Is only applicable if the new customer agrees to these Terms and Conditions and becomes a Member within the first 6 months of the introduction from You;

(b) The new customer has not previously been a Member;

(d) Is not applicable if the new customer does not pay any Fees during the Initial Term;

(e) Is not applicable on any other funds received by Us from the new customer. For example, payment of Our legal fees or interest.

Hold of Services

After the initial term you may place the membership Services on hold for a total aggregate of 3 months each calendar year by providing Us with 14 days written notice to [email protected] (Hold Period).

After the Hold Period or the total aggregate of 3 months is used, the Services will automatically resume.

Payment Default

If You default in payment by the due date of any amount payable to Us under these Terms and Conditions, We may, without prejudice to any other accrued or contingent rights: (a) Cease or suspend supply of any Services to You; (b) Suspend Your access to the support groups or portal access; (c) Charge You for, and You must indemnity Us from, all costs and expenses (including without limitation all legal costs and expenses on a full indemnity basis) incurred by Us resulting from the default or in taking action to enforce compliance with these Terms and Conditions; (d) Be liable or charged for any interest or fees by any third party payment providers (such as Stripe).

Refund

You agree and understand that the Fees are non-refundable after the cool down period. You are obliged to pay for the Services that We agree to provide You with regardless of whether You terminate, utilise or fully utilise those Services. Email and Other Electronic Communication

We will use email and other forms of digital or electronic communication with You and third parties unless You instruct Us to the contrary and We agree to another method of communication with You. Email and other digital or electronic communication may be interfered with, contain computer viruses or other defects, or may not be successfully replicated to other systems. To the extent permitted by law, We will not be liable for any copying, recording, reading or interference by others during, or after a transmission, for any delay or non-delivery, or for any damage caused in connection with the transmission. Please contact Us immediately if You have any doubts about the authenticity of any communications or material which appears to have been received by Us.

Your Obligations

You warrant and agree that:

(a) You have the legal capacity and power to agree to be bound by these Terms and Conditions;

(b) These Terms and Conditions are legally binding, and You have had the opportunity to obtain legal advice prior to agreeing to them;

(d) You will action all of the commitments, ideas and strategies You agree to during Your coaching session or in any other means of communication.

(e) You will ask for help via the Facebook group and/or the group coaching calls;

(f) You will act respectful towards Us and the Members. This includes but is not limited to listening to each other, not interrupting or engaging in behaviour which is degrading, bullying or harassing;

(g) You will dedicate sufficient time to the Services.

(h) We may record sessions or take images of our clients for the purpose of future training and/or marketing in all media. You give permission to us to use your image for any such media release or training related purpose.

You may not assign or transfer any rights and obligations under these Terms and Conditions without Our written approval.

Breach

If You breach these Terms and Conditions, breach applicable laws, regulations, or third-party rights or We believe it is reasonably necessary to protect other Members, We may, without prior notice: (a) suspend or limit Your access to the group (b) suspend or limit the Services; (c) suspend or remove content. Nothing in this clause acts to limit the Terms of Use.

Limitation of Liability

You understand and agree that We:

(a) Make no warranties or representations about the Services or any of the content;

(b) Accept no responsibility for any loss suffered by You or anyone else in connection with the use of the Services or any of the content.

You (the “Indemnifying Party”) release and indemnifies and will continue to release and indemnify Us (the “Indemnified Party”), its officers, employees, subcontractors and agents from and against all direct actions, claims, proceedings or demands (including those brought by third parties) which may be brought against it or them, whether in relation to these Terms and Conditions, Website or Services, whether at common law, in equity or pursuant to statute or otherwise, in respect of any loss, death, injury, illness or damage (whether personal property, and whether direct or consequential, including consequential financial loss) and any howsoever arising as a direct result of the negligence, wilful misconduct or recklessness of the Indemnifying Party and from and against all direct damages, costs and expenses incurred by the Indemnified Party (on a full indemnity basis) in defending or settling any such claim, proceeding or demand.

The Indemnifying Party indemnifies and will continue to indemnify the Indemnified Party for all costs and expenses on a full indemnity basis relating to the Indemnifying Party’s breach of these Terms and Conditions or the enforcement of these Terms and Conditions. The indemnity under this clause survives the termination of these Terms and Conditions.

Warranty

We will use reasonable endeavours to ensure the Services are carried and completed by the requested timeframes, to acceptable standards and in compliance with these Terms and Conditions. Whilst We will use Our reasonable endeavours, We will not be liable for any loss or damage You suffer or suffered by any third party for a failure of the Services to meet the requested timeframe, be of acceptable standard or in compliance with these Terms and Conditions. Inconsistency Should there be an inconsistency between these Terms and Conditions and the Terms of Use, these Terms and Conditions shall first prevail, to the extent of the inconsistency only.

Force Majeure

We will not be liable for any failure to carry out Our obligations under these Terms and Conditions where such failure is due to any cause beyond Our reasonable control, including but not limited to an act of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, generalised lack of availability of raw materials or energy.

Severability

In the event that a Court of competent jurisdiction determines that any or any part of the terms contained in these Terms and Conditions are invalid, unlawful or unenforceable, then such term/s shall be severed from the remaining terms to the extent of their invalidity, unlawfulness or unenforceability. Relationship These Terms and Conditions do not create a relationship of agency, partnership or joint venture between the parties.

Governing Law

These Terms and Conditions are governed by the laws in Victoria, Australia and You irrevocably submit to the jurisdiction of its Courts and its Appellate Courts and the jurisdiction of the Federal Court of Australia sitting in Victoria.

Definitions

Kitsune Coaching Solutions is a trading name registered to Tracey Yeoman (ABN 54 594 035 724). Initial Term means the initial 3 months membership selected by You as a new customer of Ours from the date of these Terms and Conditions.

Intellectual Property Rights means statutory and other proprietary rights in respect of trademarks, patents, copyrights, confidential information, know-how and all other rights with respect to intellectual property as defined in Article 2 of the Convention Establishing the World Intellectual Property Organisation of July 1976.

Fees means the fees charged and/or payable by You to Us for the Services. Parties means the parties to these Terms and Conditions, their respective successors and permitted assigns, and Party means either one of them as the context permits.

Member means a person who has access to any groups, platforms and services. Services means the service provided by Kitsune Coaching Solutions, including but not limited to all digitally accessed materials.

Terms and Conditions means these Terms and Conditions as amended from time to time and displayed on the Website.

Us, We or Our refers to Tracey Yeoman trading as Kitsune Coaching Solutions and any subcontractors providing services.

Website means https://kitsunecoaching.com.au/ and the Platform and includes any subsidiary pages from those sites.

You and Your refers to You, the person accessing the Website and/or the Services.

If you have any questions or concerns regarding our privacy policy, please direct them to: [email protected]

By continuing membership, you hereby acknowledge that you have read and understood the Terms and Conditions of Kitsune Coaching Solutions.