Coaching Agreement Service Agreement

This Coaching Agreement is entered into on the date of purchase and made between the client purchasing the coaching service or gift recipient and Carol Fung (ABN 99897108188) of 18 Buderim Avenue, Kareela, NSW 2232 (Coach), collectively refered to as the parties. 

1. Services

The Coach agrees to provide coaching services to the Client, which may include, but are not limited to:

• One-on-one coaching sessions (in-person or online)
• Workplace wellbeing space set up sessions
• Guidance, support, and goal-setting strategies
• Wellbeing and life skill development
• Recommended exercises, practices, or reflections to support the Client’s personal growth

The Coach will provide services using appropriate tools, techniques, and methods at their discretion and within the limits of their professional competence. The Coach does not provide medical, psychological, legal, or financial advice.

2. Term and Termination

This Agreement begins on the date of purchase and continues until either party terminates it. Either party may terminate this Agreement by providing two weeks’ written notice to the other party. In the event of termination, the Client is responsible for payment of any outstanding fees for services provided up to the date of termination. Refunds for services purchased will be made in accordance with Seeds of Wonder’s coaching refund policy.

3. Session Structure

Sessions will be conducted in accordance with the details provided on the product page, including duration, frequency, and mode of delivery.

4. Fees and Payment Terms

Payment is due at the time of purchase and prior to each session. Payment can be made by purchasing the relevant product on seedsofwonder.com. Packages of multiple sessions may be purchased in advance

5. Confidentiality

The Coach agrees to maintain strict confidentiality of all information shared by the Client during the course of the coaching relationship. Exceptions include situations where disclosure is required by law, if there is a risk of harm to the Client or others, or if the Client has provided written permission for disclosure.

6. Intellectual Property

The Coach retains all ownership rights to any materials, tools, or techniques provided to the Client during the course of the coaching relationship. The Client is granted a non-exclusive, non-transferable license to use such materials solely for their personal benefit and in accordance with the terms of this Agreement.

7. Liability and Indemnification

The Client understands that coaching is not therapy, counselling, or medical treatment. The Coach is not liable for any claims, damages, or losses arising out of or in connection with the services provided under this Agreement, except to the extent such claims, damages, or losses are caused by the Coach’s gross negligence or wilful misconduct. The Client agrees to indemnify, defend, and hold harmless the Coach from any and all claims, damages, or losses arising out of the Client’s actions or omissions in connection with this Agreement.

8. Dispute Resolution

(a) If a dispute arises out of or relates to the terms of this Agreement, neither Party may commence any legal proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

(b) A Party to this Agreement claiming a dispute (Dispute) has arisen under the terms of this Agreement must give written notice to the other Party detailing the nature of the Dispute, the desired outcome, and the action required to settle the Dispute (Dispute Notice).

(c) On receipt of the Dispute Notice by the other Party, the Parties to this Agreement must, within seven days of the Dispute Notice, endeavour in good faith to resolve the Dispute expeditiously by negotiation or other means upon which they may mutually agree.

(d) If, for any reason whatsoever, 21 days after the date of the Dispute Notice the Dispute has not been resolved, the Parties must either agree upon the selection of a mediator or request that an appropriate mediator be appointed by Seeds of Wonder or his or her nominee to attend a mediation.

(e) It is agreed that mediation will be held in Sydney, New South Wales, Australia.

(f) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and, without limiting the foregoing, undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation.

(g) All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and, to the fullest extent possible, must be treated as “without prejudice” communications.

(h) If thirty (30) days have elapsed after the start of the mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

(i) In the event that the Dispute is not resolved at the conclusion of the mediation, either Party may institute legal proceedings concerning the subject matter of the Dispute thereafter.

9. Cancellation, Rescheduling, Transfers, and Redemption

Cancellation and Refunds:

• Clients may cancel a coaching session up to 7 days before the scheduled appointment for a full refund.

• Cancellations made less than 7 days before the session or missed appointments without notice are not refundable.

• Refunds will be made using the original payment method, excluding any processing fees charged by third-party payment providers.

Rescheduling:

• Sessions may be rescheduled once free of charge if requested at least 48 hours before the appointment, subject to availability.

• Reschedule requests made with less than 48 hours’ notice cannot be accommodated, and the session will be considered used.

Transfers:

• Coaching sessions cannot be transferred to another person unless they were purchased as a gift.

• Gifted sessions may be transferred to another recipient by emailing  info@seedsofwonder.com.au.

• Transfers cannot be made after the session(s) have been booked by the recipient.

Redemption:

• Coaching sessions and any add-on services must be redeemed within the redemption period specified on the product page.

• Coaching sessions cannot be exchanged for products.

• Gift vouchers for coaching are non-refundable, but may be transferred to another recipient in accordance with the transfer terms above.

10. Client responsibilities 

The Client agrees to the following responsibilities:

• Attend sessions on time and actively participate.

• Take responsibility for personal decisions, actions, and progress.

• Communicate openly and honestly during sessions.

11. Code of Ethics and Professional Standards

The Coach agrees to:

• Conduct coaching with professionalism, integrity, and respect.

• Maintain a safe and supportive environment for the Client.

• Act in the Client’s best interests, within the Coach’s professional competence.

• Uphold confidentiality, honesty, and transparency.

• Avoid and disclose any conflicts of interest.

• Refrain from giving advice outside their experitise, including medical, psychological, legal, or financial advice.

12. No Guarantees or Warranties

The Coach makes no guarantees or warranties, express or implied, regarding the specific results or outcomes of the Services. The Client acknowledges and agrees that they are solely responsible for their own progress and success.

13. Relationship of the Parties

The Parties are independent contracting parties. Nothing in this Agreement makes either Party an employee, partner, agent, legal representative, trustee, or joint venturer of the other, nor does it grant either Party the authority to assume or create any obligation on behalf of the other.

14. Force Majeure

(a) For the purpose of this clause, a "Force Majeure Event" means an event adversely impacting a Party's ability to comply with any of its obligations under this Agreement which is beyond the Party's reasonable control, such as fire, flood, natural or man-made disasters, civil commotion, industrial action, war (declared or undeclared), pandemic and restrictions and prohibitions, or any other actions by any government or quasi-government authorities.

(b) If a Party is unable to perform an obligation under this Agreement because of a Force Majeure Event, then that Party:

(i) must notify the other Party of this fact and to what extent their ability to perform their obligations under this Agreement is affected;
(ii) if they have issued a notice pursuant to subclause (b)(i) above, is temporarily relieved from performing the obligations specified in their notice for the duration of the delay arising out of the Force Majeure Event; and
(iii) must use their best endeavours to minimise the impact of any Force Majeure Event.

(c) Neither Party is excused from any obligation to pay money because of a Force Majeure Event, despite any other provision in this Agreement.

(d) If a delay by either Party arising directly out of a Force Majeure Event continues for more than 6 months, the other Party may, at its sole discretion, terminate this Agreement by giving 1 month’s notice to the other Party.

15. Severability

If any provision of this Agreement is held to be void or unenforceable by any court of competent jurisdiction:

(a) and if limiting such provision would make the provision valid, then such provision shall be construed as so limited, but otherwise the provision will be severed; and
(b) the remainder of this Agreement shall continue in full force and effect.

16. Entire Agreement

This Agreement constitutes the entire Agreement between the Parties and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, understandings, or agreements, whether written or oral, relating to the subject matter of this Agreement.

17. Amendment

This Agreement may be modified in writing only and must be agreed to by both Parties.

18. Notices

All notices required or permitted under this Agreement shall be made in writing and may be delivered to info@seedsofwonder.com.au.

19. Jurisdiction and Governing Law

This Agreement will be construed in accordance with and governed by the laws of New South Wales. Each Party submits to the exclusive jurisdiction of the courts operating in New South Wales in connection with matters concerning this Agreement.