1) Parties to the Agreement
This Agreement is entered into by and between you (“Client”, “you” or “your”) and Meg Sinclair of financefem.com (“coach”, “I” or “my”). It may only be amended, altered or supplemented once acknowledged in writing by both parties.
2) Description of Coaching
Your coach agrees to provide you with financial coaching services in accordance with the terms of this Agreement.
Coaching is partnership (defined as an alliance, not a legal business partnership) between you and your coach in an educational and informative process that aims to improve your financial literacy.
The coaching sessions and content will vary depending on your personal needs, goals, desired outcomes, priorities, budget and other factors. Typical areas and tasks we may cover include, but are not limited to:
- Goal setting and value alignment
- Establishing systems for managing your finances
- Covering educational content on topics such as budgeting, investing, saving, spending, superannuation and retirement, etc.
3) Not Professional Financial Advice
The coaching services offered do not constitute general or personal financial advice and are provided for informational and educational purposes only. I am not licensed to provide financial planning advice and I am unable to provide any recommendations about specific financial products.
Your coach will not disclose any of your personal details or information that can be used to identify you personally without your consent.
This coaching relationship, as well as all information (documented or verbal) that you share with your coach as part of this relationship, is bound by the principles of confidentiality set forth in the ICF Code of Ethics. The coach-client relationship is not considered a legally confidential relationship (like the medical and legal professions) and so communications are not subject to the protection of any legally recognised privilege.
Confidential Information does not include information that: (a) was in your coach’s possession before you shared it with your coach; (b) is generally known to the public; (c) is obtained by your coach from a third party, without breach of any obligation to you; (d) is independently developed by your coach without use of or reference to your confidential information; or (e) your coach is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to your coach and as a result of such disclosure your coach reasonably believes there to be an imminent or likely risk of danger or harm to you or others; and (g) involves illegal activity. You also acknowledge your continuing obligation to raise any confidentiality questions or concerns with your coach in a timely manner.
5) Your Responsibilities
Coaching is a comprehensive process that may involve different areas of your life, including work, finances, health, relationships, education and recreation. You are responsible for deciding how to handle these issues, incorporating coaching principles into those areas and implementing choices.
You are solely responsible for creating and implementing your own well-being, decisions, choices, actions and results arising out of or resulting from this coaching.
You acknowledge I am not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of the coaching services to the extent permissible under the applicable law.
You agree to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the program and complete tasks mutually agreed by us in a timely fashion.
6) Services and Fees
Our coaching sessions will be held through online video calls or phone calls. These will be scheduled at a mutually convenient time. Each session will generally last for 60 minutes.
I will also be available via e-mail in between scheduled meetings.
Fees shall be agreed and payable in advance of the coaching sessions.
7) Term of Agreement
This Agreement commences on the date it is accepted by you. It will remain in force until:
- you have exhausted the number of coaching sessions purchased or
- it is terminated with mutual consent in accordance with the terms of this Agreement.
8) Cancellations and Rescheduling
It is your responsibility to notify your coach 24 hours in advance of the scheduled calls/meetings to reschedule. I may charge you for a meeting you miss if you fail to notify me at least one hour in advance. However, I will attempt in good faith to reschedule the missed meeting.
Either you or your coach may discontinue this Agreement at any time with five business days’ written notice. You agree to compensate your coach for all coaching services rendered through and including the effective date of termination.
10) Refund Policy
Refunds will be honoured for any unused sessions as a result of us covering the agreed coaching content quicker than planned. Refunds in all other circumstances will be at the discretion of your coach. Generally though, your coach shall make every effort to address refund requests made on reasonable grounds.
11) Limited Liability
Except as expressly provided in this Agreement, the Coach makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the coaching services negotiated, agreed upon and rendered. Your coach will not be liable to you for any indirect, consequential or special damages.
Notwithstanding any damages you may incur, your coach’s entire liability under this Agreement, and your exclusive remedy, will be limited to the amount actually paid by you under this Agreement for all coaching services rendered through to and including the termination date.
12) Dispute Resolution
If a dispute arises out of this Agreement that cannot be resolved by mutual consent, we will attempt to mediate in good faith for up to 45 days after notice is given. If the dispute is not resolved within this time, the prevailing party shall be entitled to recover attorney’s fees and court costs from the other party in the event of legal action.
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.
15) Applicable Law
This Agreement shall be governed and construed in accordance with the laws of the State of Victoria, without giving effect to any conflicts of laws provisions.
16) Binding Effect
This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns.