By clicking on the payment button, you agree to be personally bound by these terms and conditions and you represent and warrant that you are at least 18 years old (or the age of majority in your jurisdiction, if it is not 18). These terms apply to both the coaching sessions and the use of this website, which are provided by The Fresh Start Program (ABN 71 1428 04251) (the Program).
Schedule: One coaching session with a Coach which is designed to be taken within 4 weeks of the payment date. Any sessions unused within six months of the payment date will be considered expired unless by prior agreement or the Coach is responsible for missed sessions not occurring within the 4-week period.
Delivery: Coaching sessions are to be delivered by Zoom or phone if the Client prefers.
Changes: Rescheduling or cancellation of coaching sessions must be done at least 24 hours (ideally at least 48 hours) in advance in order to avoid the affected session being considered used, where the Client is responsible for the rescheduling or cancellation. Exceptions will only be made in exceptional circumstances. Please treat your coaching session like any other very important appointment.
Occasionally, the Coach may need to make a change to the appointment for exceptional circumstances, sickness or when needed to care for a child. In this event, we will always endeavour to give as much notice as possible, and reschedule the session as soon as possible.
Confidentiality: All information disclosed by the Client during the session is held with the strictest confidentiality. Your Coach may share non-specific information with coaching Supervisors, with complete anonymity, and only for the purposes of Clinical Supervision, ensuring a clean coaching relationship, training and development.
PLEASE NOTE THAT THERE ARE TWO EXCEPTIONS TO THE ABOVE CONFIDENTIALITY AGREEMENT:
- When disclosure is required to prevent clear & imminent danger to yourself and others.
- When legal requirements demand that confidentiality material be revealed.
Other Mental Health Care: The Client agrees to inform the Coach if they are under the care of any health care professional such as a therapist, psychologist, counsellor, psychiatrist or related professional during the course of our coaching relationship. If the Client is receiving this medical treatment, the duty of care remains with the prescribing medical professional always. The Client must provide written permission from the medical practitioner stating their permission for the Client to attend coaching sessions as a complimentary form of assistance. The Client agrees to disclose to the Coach if they are receiving any prescribed drugs to assist with their mental health.
Coaching: Throughout the working relationship, the Coach will engage in direct and personal conversations. The Coach will offer a program of transformation sessions, using specific questioning techniques and processes as the Client requires. The Client is aware that coaching is in no way to be construed as psychological counselling or any type of therapy.
The Coach is responsible for providing the specific topic(s) which will be the focus of each coaching session. Be sure to focus on what is working and how you are growing instead of just focussing on solving problems. The Client can count on the Coach to offer processes for creating insight, observations, honest feedback, and teaching as it is relevant to the process.
Coaching results are not guaranteed. The Client enters into the coaching with the full understanding that they are 100% responsible for creating their own desired life results. If the Client believes the coaching is not working as desired, the Client will communicate that idea frankly and, together, Coach and Client can take action to return the power to the coaching relationship. Also, the Client will notify the Coach if the Coach ever communicates in a way that is upsetting. Honesty and trust are critical for the coaching relationship. Coaching is a special relationship and the conversations that are held in the coaching space are likely to challenge the Client in a way that they may never have been challenged before. This often facilitates massive growth, and the discomfort of stretching the comfort zone will always be balanced with support.
Refunds: There are no refunds on Private Coaching Packages, except in exceptional circumstances with the agreement of The Fresh Start Program. Once you and your coach begin a process you both commit fully to completing the process. The payment is a part of the fair exchange that you both commit to.
Relationship Commitments: Coach and Client agree to -
- Abide by the mutually agreed time frames to complete all coaching task commitments as agreed.
- Ensure they keep coaching appointments.
- Honour their commitments to each other.
- Develop a coaching relationship that is fully open, honest, and trusting.
Coaching Not Therapy:
You understand that you are working with The Fresh Start Program and the Coach to receive professional coaching at the agreed fee. Professional coaching is distinctly different from counselling, psychotherapy or psychoanalysis and does not deal with the diagnosis or treatment of emotional problems. Since professional coaching does not constitute medical consultation or treatment, health insurance does not apply.
LIMITATION OF LIABILITY
Indirect and Consequential Loss
To the extent permitted by law, and subject to these terms, in no event will The Fresh Start Program (or its employees, agents and subcontractors) be liable to you for indirect, special or incidental, punitive, exemplary or consequential loss, costs, expenses and damages (or any loss of revenue, loss of data, loss of profits or loss of opportunity whether the losses be direct or indirect), suffered or incurred by you and arising out of or in connection with your access to or use of the Program, the Website, any linked website, or your reliance on any information obtained through the Program, regardless of whether liability is based on any breach of contract, tort (including negligence) or warranty, arises under statute, or any other basis of liability.
Terms Implied by Law
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms is excluded. Where legislation implies any condition or warranty, and that legislation prohibits The Fresh Start Program from excluding or modifying the application of, or liability of The Fresh Start Program under any such condition or warranty, that condition or warranty will be deemed included but The Fresh Start Program’s liability will be limited for a breach of that condition or warranty to, at the option of The Fresh Start Program: if the breach relates to goods, replacing, repairing or supplying goods equivalent to, those goods or paying the cost of replacing or repairing them or acquiring equivalent goods; or if the breach relates to services, re-supplying, or paying the cost of re-supplying, those services.
Total Liability
To the extent permitted by law, The Fresh Start Program’s total liability in respect of all claims in connection with this agreement (whether based in negligence or any other tort, contract, statutory liability or otherwise) will be the total sum of all fees paid or payable by you or on your behalf under this agreement up until and including the date the cause of action accrued. The limitation of liability set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
Indemnity
You agree to indemnify The Fresh Start Program and its employees, agents and subcontractors, from and against any third party claims, and must pay on demand all losses, expenses, damages and costs (including reasonable legal fees incurred on a solicitor/client basis) suffered or incurred by The Fresh Start Program or its employees, agents and subcontractors, which arises out of your use of the Program.
Intellectual Property
Copyright in this website and the Program (including text, graphics, logos, icons, sound recordings, video, software and advertisements) is owned or licensed by us. Information procured from a third party may be the subject of copyright owned by that third party. Other than for the purposes of personal use, and subject to the conditions prescribed under the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except where expressly stated, you may not in any form or by any means:
- adapt, modify, download, reproduce, distribute, publicly display, perform, publish, create derivative works or otherwise publicly make available any part of this website or the Program; or
- commercialise or exploit any information, products or services obtained from any part of this website or the Program;
without our written permission or, in the case of third party material, from the owner of the copyright in that material. Unless we agree otherwise in writing, you are provided with access to this website and the Program only for your personal use and review. You are authorised to listen, view, retrieve, personally store and print a copy of any information contained on this website and the Program for your personal use. Without limiting the foregoing, you may not without written permission from us on-sell information obtained from this website or the Program or post it to another website.