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GROUP COACHING AGREEMENT
Group Coaching Agreement - please (tick and enter your details at the end)
This Group Coaching Agreement (“Agreement”) constitutes a contractual offer made by Karen Saunders Naturopathy (“the Company”) for you, the participant named in the Schedule to this Agreement (“Participant”, “You”, “Your”), to enter into an agreement with the Company on the terms set out in this Agreement (“Offer”). Unless otherwise agreed by the Company in writing, the Offer expires 48 hours after the Company has provided You with a copy of this Agreement, unless it is accepted by You before it expires. *Company meaning business.
You accept the Offer and enrol in the Pussy Magic program (“the Program”) when You:
A. accept the terms of this Agreement by clicking the acceptance box at the online checkout; and
B. pay to the Company any applicable fees for the Program on enrolment, as set out in clause 3(b) or 3(c) of this Agreement (as the case may be); (“the Enrollment Date”).
If you fail to accept the Offer and pay to the Company any applicable fees prior to expiry of the Offer, Your acceptance into the Program will be forfeited.
You must also return a copy of this Agreement emailed to you immediately following Your completion of the online checkout, signed by both Yourself and any Guarantor set out in the Schedule (if any), within the 48 hour period referred to above.
This Agreement is binding on You from the Enrolment Date even if:
A. you fail to return the Agreement signed by both Yourself and any Guarantor set out in the Schedule (if any);
B. there is no Guarantor; or
C. a Guarantor does not sign the Agreement.
A [five (5)] day cooling off period (“Cooling Off Period”) applies to this Agreement, whereby You may terminate this Agreement by notice in writing to the Company before 5pm on the date which is [five (5)] days after the Enrolment Date (“Cooling Off Expiration Date”). If You terminate this Agreement under the Cooling Off Period before 5pm on the Cooling Off Expiration Date, any fees paid by You under clause 3 of this Agreement will be refunded to You within [seven (7)] business days of the date of Your termination. You acknowledge and agree that if You terminate this Agreement under the Cooling Off Period, You will not gain any access to the
Program.
1. THE PROGRAM
a) When You enrol in the Program, and subject to Your payment of all applicable fees, the Company will, from the day after the Cooling Off Expiration Date (“Course Commencement Date”), until the conclusion of the Program, or earlier termination in accordance with the terms of this Agreement:
i. grant You, or one of Your officers, employees or contractors as nominated by You (“Representative”) access to the Program course curriculum and templates for creating, launching and scaling an online course. The course curriculum and templates will be added to the platform as the course progresses and not all uploaded from the Course Commencement Date;
ii. grant Your Representative with access to the Facebook (if there is one) community administered by the Program coaches (“the Facebook Group”), which will be monitored by our Program coaches between 9am to 4pm AEST on Monday to Thursday each week, save for during scheduled Program holidays or other breaks contemplated within this Agreement. Program coaches will use all reasonable endeavours to answer all posted questions within one (1) business day of a question being posted to the Facebook Group;
iii. invite Your Representative, and grant Your Representative with access to any group coaching strategy calls. Your Representative may attend group coaching strategy calls live or watch the recording of the group coaching strategy call
iv. provide Your Representative with the opportunity for feedback on work within the scope of the content covered in the Program.
v. provide Your Representative with access to up to six (6) weekly 1:1 coaching via Voxer, for up to a maximum of 15 minutes weekly in total. Any additional time required will be charged at $50 per 15 minutes and will be agreed first with Your Representative.
b) You are responsible for providing the Company with the name and contact details of Your Representative on or before the Course Commencement Date.
c) The Company is not responsible for any failure to perform the obligations set out in clause 1(a) of this Agreement due to Your failure to provide the Company with the details of Your Representative.
d) As the Program is a group coaching program, You expressly acknowledge and agree that neither You, nor Your Representative, will be entitled to any one-on-one calls with any Program coaches apart from the 1:1 weekly coaching session via Voxer set out in clause (v).
e) You expressly agree that the Program inclusions set out in clause 1(a) of this Agreement are the only inclusions offered as part of the Program.
f) You agree that all communication about the Program (save for billing and administration enquiries) be in the Facebook Group or in the group coaching strategy calls, or weekly Voxer 1:1. Instagram/FB or email direct message communication is not an included part of the program, and is not subject to a guaranteed response.
2. PROGRAM TERM
a) You understand that Your access to the Program, content or any inclusions will cease 365 days from the Course Commencement Date and thereafter You will have no further access to the Program or any of its inclusions. You expressly acknowledge and agree that there is no lifetime access to the Program.
3. PROGRAM FEES
a) The fee for the Program (“Program Fees”) can be paid in one of two ways, being a one-off lump sum payment of the Program Fees on entering into this Agreement (“Pay in Full Program Fee”) or 3 equal monthly payments (“Payment Plan Program Fee”). You must select Your chosen payment method for the Program Fee at the time of enrolling in the Program, and this cannot be changed at a later date. As a discount applies for full payment of the Program Fees upfront, the total Program Fee payable depends on the payment method You choose and the geographical location in which You reside as set out in clause 3(d) of this Agreement.
b) If You select the Pay in Full Program Fee, You will be charged the Pay in Full Program Fee (being $1,125.00 AUD if You are located within Australia or $1,125 USD Iif You are located outside of Australia) for the Program at the time of enrolling in the Program.
c) If You select the Payment Plan Program Fee:
i. You will be charged for the initial payment at the time of enrolling in the Program (being $450.00 AUD if You are located within Australia or $450.00 USD
if You are located outside of Australia); and
ii. You will be charged the subsequent payments, each of the same amount, monthly on the anniversary of the initial payment; and
iii. You acknowledge and agree that the obligation to pay the full Program Fee arises at the time You enrol in the Program, but You are afforded the opportunity to spread the payments over the course of the Program.
d) If You are:
i. an Australian Citizen or Permanent Resident currently residing in Australia, the Program Fee is:
A. $1,125.00 Australian Dollars if You select the Pay in Full Program Fee; or
B. 3 equal monthly payments of $450 (total of $1,350.00) Australian Dollars if You select the Payment Plan Program Fee. Both amounts set out in the above clause 3(d) are inclusive of GST.
ii. residing outside of Australia, the Program Fee is:
A. $1,125 US Dollars You select the Pay in Full Program Fee; or
B. 3 equal monthly payments of $450 (total of $1,350) US Dollars if You
select the Payment Plan Program Fee.
e) You authorise and direct the Company (via stripe or paypal) to automatically charge the credit card provided by You at the time of enrolment for the Program Fees when they are due for payment, as set out in this Agreement. You agree to keep Your personal and payment information current and up to date with the Company and to immediately notify the Company of any changes to these details. For the avoidance of any doubt, despite any automatic adjustments to the payment dates made by any third party payment provider (such as Stripe or Paypal), You agree that payments must be made on the due dates for their payment as set
out in this Agreement, and to do all things reasonably necessary in order to make the payments by those due dates.
f) If any payment of Your Program Fees returns an insufficient funds or declined notification for any reason, or You fall behind on Your Program Fees at any time and for any reason:
i. the Company may immediately thereafter restrict or revoke Your access to the Program, until such time as You have brought the outstanding payment up to date as set out in this Agreement;
ii. the obligation to continue to pay the Program Fees will continue during any period of restricted or revoked access due to Your delayed or non-payment of the Program Fees; and
iii. the Company will not be liable to You for any refund of the Program Fees for any period of restricted or revoked access due to Your delayed or non-payment of the Program Fees, nor will You be granted with any extended period of access to the Program due to any periods of restricteD or revoked access.
g) If You fail to pay any amount due under this Agreement by more than [sixty (10)] days of the due date for payment, the Company may terminate this Agreement by notice in writing to You.
h) For the avoidance of doubt, any restriction or revocation of Your access to the Program, or termination of this Agreement by the Company in accordance with the terms of this Agreement does not negate Your obligations to pay any outstanding balance of the Program Fee.
i) If this Agreement is terminated before the end of the Program for any reason, and You have elected to pay the Payment Plan Program Fee, the Company will calculate the amount owing by You for the outstanding balance of the Program Fee and invoice You for that outstanding balance, which You must pay to the Company within thirty (30) days of the date of invoice.
j) You acknowledge and agree that in the event that You fail to pay all Program Fees as required under this agreement, the Company’s loss and damage may include all of the unpaid amount of the Program Fees.
k) You agree to direct all billing and admin enquiries to
4. REFUNDS
a) Without limitation to Your rights to a refund under the Cooling Off Period, and subject to clause 4(b) of this Agreement, due to the nature of the Program and the fact that You begin to obtain access to the Program materials and the Facebook Group from the Course ommencement Date, the Company will not provide You with any refund of the Program Fees paid to the Company by You in circumstances where, after the Cooling Off Period, You change Your mind or where Your circumstances change, or if the Company terminates this Agreement in accordance with the terms this Agreement.
b) The services and digital goods provided by the Company as part of the Program may come with guarantees that cannot be excluded by the Company under the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (“Australian Consumer Law”). All terms of this Agreement granting the Company with rights and limiting the Company’s liability or obligations, are to be read as being to the maximum extent permitted by law. Nothing in this agreement is intended to modify or otherwise effect Your rights under the Australia Consumer Law and any other related legislation.
5. INTELLECTUAL PROPERTY
a) All intellectual property rights in and to the Program, the content made available as part of the Program and all materials distributed in connection with the Program are owned by the Company.
b) You agree not to:
i. use any Program content to teach any third party;
ii. create new materials for the purposes of teaching or coaching third parties;
iii. disclose or discuss any information revealed in any part of the Program
other than with Your Representative, or as otherwise required by law; or
iv. otherwise infringe on the intellectual property rights of the Company.
c) In consideration of Your payment of the Program Fees, the Company grants to You a limited, personal, non-exclusive, non-transferable license to access the Program for Your own personal and non-commercial use.
d) Except as otherwise provided in this Agreement, You acknowledge and agree that You have no right to modify, edit, copy, sell, distribute, duplicate, lease, reproduce, create derivative works of, reverse engineer, alter, enhance or in any other way exploit any part of the Program or any materials provided in connection with the Program in any way.
e) You are expressly prohibited from removing any copyright notice, author mark or trademark from any part of the Program materials.
f) You agree to ensure that Your Representative and any of Your officers, employees, contractors or agents (Associates) complies with the obligations set out in this clause 5 of this greement, and You agree that if any of Your Associates perform any act or omission that if performed by You would result in Your breach of this Agreement, that act or omission will result n Your breach of this clause 5 of this Agreement.
g) The Company may immediately restrict or terminate Your Representative’s access to the Program, or terminate this Agreement by notice in writing to You, if You, Your Representative or any of Your Associates breach, or threaten to breach, clause 5 of this Agreement.
6. CONFIDENTIALITY
a) You acknowledge that the group coaching nature of the Program means that any information provided or otherwise shared by You via Your Representative with the Company or other participants of the Program, whether as part of coaching call discussions, comments, Facebook Group interaction, or otherwise are not confidential and the Company accepts no liability to You for any loss suffered by You as a result of Your Representative disclosing Your confidential
information during Your Representative’s participation in the Program.
7. PARTICIPANT CONDUCT
a) You agree to ensure that Your Representative conducts themself in a professional, dignified manner and does not engage in any activity that is detrimental to the health, safety, wellbeing or welfare of any other participant in the Program. Your Representative must not post any content or behave in a manner that is obscene, offensive, anti-social, defamatory, or in any way nlawful, and You and Your Representative must not use the Facebook Group to market or supply any oods
or services.
b) You acknowledge that the Company reserves the right to remove Your Representative from the Program, without liability or reimbursement, if the Company, in its sole discretion, etermines that Your Representative’s behavior creates a disruption or otherwise hinders the enjoyment of the Program by other participants.
c) The Program may only be accessed by Your Representative, and usernames, passwords, content, materials or other resources are not permitted to be shared with any third parties outside of You and Your Representative.
d) We may immediately terminate this Agreement by notice in writing to You, without liability or reimbursement of any of the Program Fees to You, if we reasonably believe that You or Your Representative have shared the Program or any Program materials with any third party.
e) You assume all risk and/or liability that may arise or be incurred whilst a participant in the Program.
f) You agree to ensure that Your Representative fully participates in the Program to obtain the benefit of the services offered by the Company as part of the Program.
g) You acknowledge that Your Representative will be required to have internet access and a Facebook account and may need to have other certain accounts, equipment, programs, subscriptions and / or software licenses in order to obtain the full benefit of the Program and / or implement the advice set out in the Program. Some of these may come at an additional cost to ou, charged by third party providers.
8. RELEASE & PRIVACY
a) You irrevocably consent to the Company using any images, audio recordings, video recording and/or copy/text obtained of You or Your Representative while You are/were enrolled in the rogram. This includes any content Your Representative may publish to any social media account or online platform, statements, images or recordings about Your participation in the Program. You waive the right to inspect or approve the finished product, including written or electronic copy, wherein Your name, Your Representative’s name, likeness or content appears. This is with the exception of any information shared and discussed in any 1:1 coaching, which will remain trictly confidential between coach and participant.
b) You represent and warrant in favour of the Company that You have the authority to provide the Company with the consents set out in clause 8(a) on behalf of Your Representative.
c) You agree to release and hold the Company harmless from all claims, demands and causes of action which You, Your Representative or Your estates have or may have by reason of the consent provided in this clause 8 of this Agreement.
9. ERRORS, INACCURACIES, OMISSIONS, CHANGES, PROGRAM SUSPENSIONS AND DELAYS
a) Information provided about or in the Program is subject to change. You acknowledge that times and dates of group coaching calls are also subject to change during the term of the Program.
b) The Company makes no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current or error-free. To the maximum extent permissible by law, the Company disclaims all liability for any inaccuracy, error or omission in he Program.
c) Due to the nature of group coaching, the course materials for the Program are general in nature and do not take into consideration the specifics of Your own personal circumstances, business obligations, limitations, legal or contractual requirements.
d) The Company utilizes technology and third party owned course platforms in order to deliver the Program to You. The Company will not be liable for any delay in providing the Program to You which is caused or contributed to by a technical issue or discontinuance of a platform outside of the Company’s reasonable control. If a third party platform becomes unavailable for an extended period of time during the term of the Program, the Company will take reasonable steps to migrate the Program to another platform and notify You of the migration and anything needed to access the Program on the new platform.
e) The Company may, at its own discretion, but is not required to, provide additional or bonus resources, workshops or other opportunities (“Bonuses”) to You during the Program. Where the Company does so, the Company may cease or discontinue those Bonuses at any time without any liability to You. You agree that any Bonuses offered are at the discretion the Company and that the Company provides no representations or guarantees that any Bonuses will be provided to You during the Program.
f) The Company may suspend, or schedule breaks in the usual conduct of the Program for any reason, including but not limited to, unforeseen illness, bereavement and / or scheduled leave, by providing You with reasonable notice of the suspension or break, provided that the total time in which the Program is suspended is less than six (6) weeks in total. You expressly agree that these suspensions or breaks do not warrant any extension of the term of the Program.
g) The Company may make reasonable staffing changes as the Company considers appropriate in relation to any coaches delivering any part of the Program without prior notice to You.
10. WARRANTIES & DISCLAIMERS
a) The Company gives no warranties with respect to any aspect of the Program or any materials related thereto or offered in connection with the Program and to the maximum extent permissible by law, disclaims all implied warranties.
b) By enrolling in the Program, You accept and agree that You are fully responsible for Your own progress and results. The Company offers no representations, warranties, or guarantees verbally or in writing regarding Your future earnings, marketing performance, business profits, customer growth, or results of any nature.
c) You acknowledge that the Company does not guarantee that You will achieve any results at all as a result of any of the ideals, recommendations, matters of opinion, strategies or content presented in the Program. Nothing in the Program is a guarantee to You of any result.
d) Any testimonials, examples, case studies or references by the Company to income or results achieved by others are not meant as a promise or guarantee of Your own results, earnings or achievements inside the Program.
e) You acknowledge and agree that each participant spends different amounts of time on completing the Program and achieving their objectives, which may depend on their own personal circumstances. The Company makes no representations or warranties about any timeframes in which it should or will take Your Representative to participate in the Program and / or achieve any of Your objectives.
f) Any information in the program, facebook group, group coaching calls, and 1:1 coaching the program are intended for general informational and educational purposes only. They should not e considered a substitute for professional medical advice, diagnosis, or treatment. The company nor any of the coaches are not a licensed medical practitioner, and the services provided are not a replacement for medical care provided by a licensed healthcare provider. Naturopathic practices and recommendations are based on holistic and natural approaches to health and wellness. It is essential to consult with a qualified healthcare provider for any medical concerns or conditions you may have. You are encouraged clients to seek the advice of a licensed medical professional before making any decisions regarding their health and well-being. The information provided by [Your Name] may include suggestions related to diet, lifestyle, supplements, and natural remedies. These recommendations should be considered as complementary to, not a replacement for, traditional medical treatments. Participants and users of Karen Saunders Naturopathy's services should always use their best judgment and consult ith healthcare professionals when making decisions about their health. Karen Saunders aturopathy disclaims any liability for any consequences or outcomes resulting from the use of the information or services provided.
11. SURVIVAL
a) The obligations set out in clauses 3, 4, 5, 8, 9, 10, 11, 12, 13, 14, 17, 18, 19 and 20 will survive termination of this Agreement.
12. GOVERNING LAW
a) This Agreement is governed by the law in force in the State of Victoria, Australia and You agree to submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and any other courts which may hear appeals from those courts in respect of any proceedings in connection with this Agreement.
13. DISPUTE RESOLUTION
a) The parties agree to use reasonable endeavours to resolve any dispute that arises in connection with this Agreement by mediation before bringing a legal claim or starting legal proceedings against the other.
b) Nothing in this Agreement prevents either party from seeking any urgent equitable relief in relation to rights under this Agreement.
c) If any legal action is brought for the enforcement of this Agreement, the prevailing party is entitled to recover reasonable legal fees and other costs incurred in that action, in addition to any other relief to which they may be entitled.
14. LIABILITY
a) You agree that under no circumstances will the Company be liable for any indirect, special, consequential or punitive loss arising out of or in relation to this Agreement or the provision of the Program, irrespective of whether the Company has been advised of the possibility of any uch damage.
b) Where the services provided to You as part of the Program fall within the scope of the Australian Consumer Law, the Company’s liability to You for any loss or causes of action arising in relation to this Agreement or the Program is limited to the fullest extent permissible under section 64A of the Australian Consumer Law; that is, to the supply of the services again or to pay the cost of having the services
supplied again.
c) Where the services provided to You in the Program fall outside the scope of the Australian Consumer Law, the Company excludes all liability to You for any loss or causes of action arising in relation to this Agreement or the Program and You hereby waive, release and discharge, on a continuing basis, all claims You have or may have against the Company relating to the provision of the goods and services, however arising.
d) In the event that the limitation of liability set out in clause 14(C) of this Agreement is found by a court of competent jurisdiction to be void or unenforceable, and it is severed from this Agreement, You agree that the Company’s liability to You for any loss or causes of action arising in relation to this Agreement or the Program will be limited to the amount of the Program Fees paid by You.
e) You agree to indemnify the Company for any direct or indirect loss, cost, expense, damage, or liability (including legal costs on a full indemnity basis) howsoever arising, out of or in connection with a breach by You of clauses 3 or 5 of this Agreement.
f) Each party’s liability to the other is reduced proportionally to the extent that the liability arises as a direct result of an act or omission of the other party.
15. ENTIRE AGREEMENT
a) This Agreement constitutes the entire agreement between the parties pertaining to the Program. It supersedes all prior agreements, representations and understandings between the parties.
b) No modification or waiver of any of the provisions of this Agreement by the Company shall be deemed or shall constitute a waiver of any provision, whether or not similar, nor shall it constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Company.
16. EFFECT OF HEADINGS
a) The subject headings in this Agreement are for convenience only and shall not affect the manner in which the Agreement is construed.
17. SEVERABILITY
a) If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, it shall be severed from this Agreement and the rest of the Agreement shall remain in full force and effect and shall in no ay be affected, impaired, or invalidated.
18. NOTICES
a) A notice or other communication to a party to this Agreement must be in writing and delivered to that party by email to their email address, when it will be treated as received when it enters the recipient’s information system. The email addresses for service of notices pursuant to this Agreement will be as follows:
i. If sending a notice to the Company – to [email protected]
ii. If sending a notice to the Participant – to the email address noted as the
Participant’s email address in the schedule to this Agreement.
iii. If sending a notice to the Guarantor – to the email address noted as the
Guarantor’s email address in the schedule to this Agreement.
19. COMMUNICATION
The parties each consent to communicating with each other electronically (including electronic execution and exchange of this Agreement) and acknowledge that electronic transmissions can be corrupted or intercepted, may not be delivered and may contain viruses. None of the parties are responsible to the other for any loss suffered in connection with the use of email as a form of communication between them.
20. GUARANTEE
a) In consideration of the Company entering into this Agreement, the party named in the Schedule as the guarantor (if any) (“the Guarantor”) guarantees the Participant’s obligations to the Company under this Agreement. b) The Participant and the Guarantor indemnifies the Company against, and must pay the Company on demand the amount of all expenses (including solicitor’s fees on an indemnity basis), liabilities, claims, loss, cost and / or demands incurred as a result of:
i. any breach of any term of this Agreement by the Participant or its
Representative; or
ii. a failure by the Participant or its Representative to comply with the
Participant's responsibilities under this Agreement.
c) The indemnities set out in this clause 20 will continue and will not be affected by:
i. any amendment made to the terms of this Agreement; or
ii. the expiry or termination of this Agreement.
21. INDEPENDENT LEGAL ADVICE
The Participant and the Guarantor (if any) acknowledge and agree that they have each had the opportunity to obtain independent legal advice on the terms of this Agreement.
EXECUTED AS AN AGREEMENT By
KAREN SAUNDERS NATUROPATHY (ABN) 90 962 175 847 in accordance with section 127 of the Corporations Act 2001 (Cth):
Date 4th September 2023
