Observance Pty Ltd (ABN 27 347 295 433)
Scope of Agreement
Observance agrees to provide Subscriber and its employees access to its corporate upskilling programs and wellness services as described below. Subscriber agrees to adhere to the terms of this Agreement and pay the fees as set forth herein.
Services Provided
Observance provides following services:
Corporate upskilling programs
Transformation and wellness programs
Transformation and Wellness Programs
The client and/or client’s employee understands and agrees that the client and/or client’s employee is fully responsible for their physical, mental and emotional well-being during their coaching calls, including their choices and decisions.
Coaching is designed to facilitate the creation/development of personal, professional or business goals and to develop and carry out a strategy/plan for achieving those goals.
2. Coaching is a comprehensive process that may involve all areas of a client’s and/or client’s employees’ life, including work, finances, health, relationships, education and recreation. The client and/or client’s employees acknowledge that deciding how to handle these issues, incorporate coaching into those areas, and implement their choices is exclusively their responsibility.
3. Coaching does not involve the diagnosis or treatment of mental disorders. Coaching is not a substitute for counselling, psychotherapy, psychoanalysis, mental health care or substance abuse treatment.
4. If clients and/or client’s employees are currently in therapy or otherwise under the care of a mental health professional, that the client and/or client’s employees should have consulted with the mental health care provider regarding the advisability of working with a coach and that they are aware of my decision to proceed with the coaching relationship.
5. The client and/or client’s employees understand that any information shared within the sessions will be held as confidential unless stated otherwise, in writing, except as required by law.
6. The Client and/or Client’s employees understands that certain topics may be anonymously and hypothetically shared with other coaching professionals for training OR consultation purposes.
7. The Client and/or Client’s employees understand that coaching is not to be used as a substitute for professional advice by legal, medical, financial, business, spiritual or other qualified professionals. The Client and/or Client’s employees will seek independent professional guidance for legal, medical, financial, business, spiritual or other matters. The Client and/or Client’s employees understand that all decisions in these areas are exclusively Client’s and/or Client’s employees, and Client and/or Client’s employees’ decisions and actions regarding them are Client and/or Client’s employees’ sole responsibility.
9. The client and/or client’s employees understand that successful coaching requires a collaborative approach between client and coach. In the coaching relationship, the coach plays the role of a facilitator of change, but it is the client's responsibility to take action or bring about the change.
Prior History:
The client and/or client’s employee also agrees to disclose details of the past or present psychological or psychiatric treatment. In entering into the coaching relationship, and signing the agreement, you are agreeing that if any mental health difficulties arise during the course of the coaching relationship, you will notify me immediately so that I can discuss with you appropriate steps and if any additional referrals are needed.
Fee
The fee shall be paid at least 14 days in advance of the start of a subscription or a program.
Payment will be made in AUD.
Enrolment and Payment
Enrolment in the Selected Observance Program is subject to approval by Observance.
The application process consists of:
1. Payment of the Minimum Deposit, or if applicable, a Paid in Full Payment.
2. Ensure your suitability for enrolment in the Selected Observance Program;
3. Confirm your intention to commit to this Agreement for the full term; and
4. If applicable, tailor the Selected Observance Program to your specific business and personal needs.
5. Payment for the Selected Observance Program may be made either by a Paid in Full Payment at the time of enrolment, or by way of a Payment Plan.
6. The price does not include travel or accommodation costs associated with any Event included in the Selected Observance Program.
7. The client acknowledges that if the Client or Client’s employees are accepted into the Selected Observance Program, the Client is responsible for the payment of fees for the entire course of the Selected Observance Program, regardless of whether you actually attend or complete the work involved and regardless of whether you have selected a Paid In Full Payment or Payment Plan. No refunds will be issued and all payments must be made.
8. Where you have selected to pay by Payment Plan, the first installment will be payable at the time of completing the Application Form.
9. Intake periods for certain Observance Programs, are seasonal and commence in certain months of the year. In the event that numbers have been exceeded for your required intake period, you will be admitted into the next available intake period.
10. Upon registering and confirming the date of your Program, if no reasonable reason has been given to transfer dates or you do not show up, there will be a transfer/no-show fee. This fee is payable if changed within 7 days of the event date or if you do not attend your registered event. The fee is payable each time you change your date or do not attend a chosen date.
Payment for Enrolments – Payment Plan Option
1. Changes to an Observance Payment Plan are at the absolute discretion of Observance. Any request for changes to an Observance Payment Plan must be sent in writing to observanceaustralia@gmail.com
2. If Observance is unable to recoup payments payable by you under a Payment Plan by reason of cancellation of your credit or debit card, Observance reserves the right to issue an invoice to you for the balance of all monies due for the Selected Observance Program
Outstanding fees
1. In the event that the fees are outstanding, Observance reserves a right to charge interest on all money outstanding in accordance with the General Interest Charge as published by the Australian Taxation Office from time to time;
2. Report the fact of the non-payment of the invoice to a credit reporting agency; and
3 Assign the right to enforce any debts due to it to a third party, without further consultation to you.
4. You agree to indemnify Observance from and against all costs and disbursements incurred by Observance in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and client basis, Observance’s collection agency costs, and bank dishonour fees.
Refunds and termination
1. Occasionally we may need to cancel a Program. We will make every effort to reschedule your Selected Observance Program. However, in the rare and unlikely event of a cancellation without reschedule, a full refund will be paid within 10 days of notice of cancellation, in the event that the whole Program is being cancelled. Observance will have no further liability to participants in respect to cancellation without rescheduling.
2. If you are on a Payment Plan and request to terminate your participation in the Observance Program due to unforeseeable personal circumstances (terminal illness, death of a family member, extreme financial hardship) that prevent you from completing your program, you must give 14 days’ notice in writing to observanceaustralia@gmail.com
3. To qualify for terminal illness, a medical certificate will need to be provided.
4. To qualify for extreme financial hardship, a letter from your banking institution should be provided that you cannot meet the expenses for your family like rent/mortgage, utilities, food, transportation, and health-related expenses (doctors visits and medication)
5. Acceptance or rejection of requests for termination is entirely within the Observance sole discretion. If we accept your request for termination, no further payments will be deducted and no refund will be issued in respect of payment for previous months or part thereof.
Privacy:
The client can, at any point in the coaching session, declare his/her preference not to discuss a specific issue, by simply stating that they would rather not discuss this issue. The coach agrees to respect this boundary and will not attempt to forward the conversation further along those lines.
Confidentiality
Observance and Subscriber agree to keep confidential all information regarding employee participation, health data, and any proprietary information shared during the course of the programs.
Confidential Information shall not be disclosed to any third party without the express written consent of the disclosing party, except as required by law.
All information about the coach / client relationship will remain strictly confidential except in very rare circumstances where decreed by law; ie. where the court might issue a subpoena for the file or information.
If you wish for me as your coach to speak to someone outside our interactions, then you need to give me written permission (original letter, fax or email) to do so. Exceptions to confidentiality of course relate to circumstances such as intent to seriously harm someone, child abuse etc. Otherwise, all your information is confidential.
It is also important to note that in some situations, it is important to be aware of the use of technology in that for some clients, there is a risk in using certain media such as the internet, mobile phones and cordless phones. If you use these to communicate with me, then I will assume that it is appropriate to continue to do so in my interactions with you.
Each party undertakes to the other that it, its officers, employees, agents and subcontractors will not, without the consent of the other party (which consent will not unreasonably be withheld or delayed), disclose Confidential Information to any person, unless the disclosure:
is of Confidential Information already within the public domain other than as a result of a breach of this Agreement;
is of Confidential Information already known to that person (as evidenced by the person’s written records) at the date of disclosure;
is to be made to the professional advisers of the disclosing party, provided that the disclosee agrees to keep the Confidential Information confidential;
is to be made to a related body corporate (within the meaning of the Corporations Act) of the disclosing party, provided that the disclosee agrees to keep the Confidential Information confidential;
is required by Law, or any Governmental Agency acting or purporting to act within its powers and functions;
is reasonably necessary for the purposes of any mediation, arbitration or legal proceeding involving one of the parties to this Agreement or
is by a party to this Agreement, in connection with its sale or the sale of all or a substantial proportion of that party’s assets, provided that the disclosee agrees to keep the Confidential Information confidential.
Disclaimer and disclosure
1. We do not offer a guarantee that you will achieve the same or similar results. Your success depends on many factors, including your background, dedication, participation, desire, and motivation.
2. If the Selected Observance Program is prevented or cancelled due of an unforeseeable act of God, an inevitable accident, fire, blackout, flood or any other calamity, or if by reason of strikes, or lockouts, or any other events beyond the direct control of the organiser, then we may reschedule the Observance Program.
Intellectual Property Rights
All materials provided by Observance, including but not limited to course content, wellness tools, and session recordings, remain the intellectual property of Observance.
Subscriber shall not reproduce, distribute, or disclose these materials without the prior written consent of Observance.
Liability and Indemnity
You agree to fully indemnify and keep indemnified Observance in an event of:
any Losses suffered by any person; or
any claim made against Observance, including but not limited to all costs on an indemnity basis;
by reason of your negligence or breach of these terms, or arising out of any circumstance relating to your participation in the Selected Observance Program.
Observance shall not be held liable for any indirect, incidental, or consequential damages arising from the use of its programs, including but not limited to, business losses or personal injury.
Observance provides training programs only and is not liable for the client’s failure to take action or execute on the content provided; implementation and results are the client’s responsibility.
Results depend on individual client participation, effort, and circumstances. Observance does not guarantee specific outcomes.
The programs do not replace professional advice (legal, medical, financial, etc.), and clients should seek appropriate professional guidance when necessary.
Term and Termination
This Agreement shall be effective from the date of signing and shall continue for mutually agreed term.
Either party may terminate this Agreement with 30 days' written notice if the other party materially breaches any of its obligations.
In the event of termination, no refunds shall be issued for any payments already made, and Subscriber shall remain responsible for the full payment.
Refunds and Cancellations
If a live program is cancelled by Observance without rescheduling, a full refund for that specific session or program will be issued within 10 business days, as applicable.
Subscriber may not cancel participation or request refunds once access to programs has been granted, or once the program has started.
Disclosure for purposes of this Agreement
Each party must take all steps reasonably necessary to ensure that Confidential Information is disclosed only to such of its officers, employees, agents or subcontractors as require that knowledge: in order to carry out their duties in accordance with this Agreement
Entire agreement
This Agreement contains the entire agreement between the parties with respect to its subject matter and supersedes all prior agreements and understandings between the parties in connection with it.
Amendment
No amendment or variation of this Agreement is valid or binding on a party unless made in writing and executed by both parties.
No waiver
No failure to exercise nor any delay in exercising any right, power or remedy by a party operates as a waiver. A single or partial exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the party granting that waiver unless made in writing.
Severability of provisions
Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of this Agreement nor affect the validity or enforceability of that provision in any other jurisdiction.
Further assurances
Each party agrees to do all things and execute all deeds, instruments, transfers or other documents as may be necessary or desirable to give full effect to the provisions of this Agreement and the transactions contemplated by it.
Dispute Resolution
Any disputes arising from or relating to this Agreement shall be subject to negotiation between the parties in good faith. If resolution cannot be reached, disputes shall be subject to binding arbitration under the laws of the State of New South Wales, Australia.
General
1. The laws of the state of New South Wales govern this agreement.
2. Should any part of this agreement be determined by a court to be invalid or unenforceable, the remainder of the agreement will be unaffected.
3. The failure of Observance or any third party supplier to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
4. This agreement may not be varied except with the written approval of a director of Observance.
5. All terms, conditions and warranties implied by statute that are excludable are excluded from this agreement. Such terms, conditions and warranties implied by statute that are not excludable are not excluded from this agreement but our liability for breach of such conditions and warranties implied by statute that are not excludable is limited to the total amount paid by you to titute under this agreement.
Amendments
This Agreement may only be amended in writing and must be signed by authorized representatives of both parties.