Coaching Terms & Conditions

 These are the terms and conditions that apply to the coaching services offered by Level Up Learning ABN (may also be referred to as “Rachel”, “the Coach”, “I”, “me” or “my”).

 These terms and conditions are to be read together with any services agreement and any

other written agreements between us. These documents together form our entire agreement.  

Please read these terms and conditions carefully, as they outline the rights and responsibilities

of both the Coach and the client.  By engaging in coaching services, you agree to be bound by

these terms and conditions.  

1.  Coaching Services

1.1. My coaching services may be delivered online, face to face, or a mixture of the two. Unless expressly agreed by myself, coaching is done online via Zoom, or at an agreed upon place.

1.2  You will get the exact hours of your coaching session or package as defined in the order form as coaching sessions.

1.3  I would like to be clear that I am a career development coach, and in no way qualified or willing to act as any other professional. I do not provide advice or support outside of my areas of expertise. Specifically, I am not qualified, willing or able to provide support in the form of counselling or therapy.

1.4 The coaching services are designed to assist you in improving decision making performance and providing strategies that will assist you in career related transitions. I do not guarantee specific job placements, university placements, assessment results, interview outcomes or results.  

2.  Services

2.1  I will provide you 1:1 coaching either online. Unless expressly agreed, meetings are not conducted in-person.

2.2  It is your responsibility to book in a time and date that is suitable to you.  This is done via my calendar booking system.  If you are not able to find a date and time that suit you, it is your responsibility to contact me to request a specific date and time.  Requesting a specific date and time does not guarantee my availability however I will endeavour to work with you to ensure you are able to meet with me in a timely manner.  

2.3  You must use all of your 1:1 sessions before the end of your coaching terms. Any unused sessions will expire at the end of the given term.  

2.4  You agree to give me at least 48 hours’ notice if you need to reschedule a session.  You must reschedule your sessions within your package term, otherwise they will expire at the end of the term. I will attempt in good faith to reschedule a missed session before the end of your program term but cannot guarantee that I will be available.  

2.5 Notice of cancellation of a session must be provided 24 hours in advance. Any missed sessions with less than 24 hours advance notice will be forfeited. 

2.6 Coaching sessions, either single sessions or multi-pack sessions, are to be used within 6 months or 26 weeks from the date of purchase.  

3.  Client responsibilities

3.1 You agree:

(a) that it is your responsibility to schedule 1:1 coaching sessions,

(b ) that coaching is a partnership and that you are responsible for your own progress and results.

(c) You agree to actively participate in the coaching process, complete assigned tasks, and provide necessary information to facilitate the coaching sessions.

(d) that you are responsible for your own physical, mental and emotional wellbeing when using my programs or the online portal. You understand that you can choose to discontinue using my programs at any time but that will not entitle you to a refund; and

(e) if you are currently under the care of a mental health professional, you must inform them of your decision to use my programs and check with them if in their opinion, you have the required capacity to participate fully in my programs.  

4. Fees and Payment

4.1 The client agrees to pay the coaching fees as outlined on the checkout page, service agreement or as agreed upon with the Coach.

4.2  Payment can be made via credit card or debit card and processed by Square, direct banking transfer or any other payment method accepted by the Coach. Details regarding payment methods will be provided by the Coach.

4.3  Failure to make timely payments may result in the suspension or termination of coaching services.

4.4  All fees paid are non-refundable, unless otherwise specified in the service agreement or as agreed upon by the Coach and the client prior to the commencement of services.  

5. Refund policy

5.1  I aim to provide you with personalised coaching services to help you plan, prepare and strategise your career related decisions.  In accepting one of the limited number of places I have available, you acknowledge I am committing my time and resources to you. For this reason, if you decide to withdraw from my coaching package before the end of the term, I will not offer a refund.  

5.2  Refunds are not available for any reason, including but not limited to:

(a)  inability to attend all coaching sessions within the time frame specified.

(b)  inability to secure a coaching session on a specific date or time.

(c)  inability to secure a coaching session within a specific time frame.

(d) inability to attend coaching sessions due to personal matters including illness.  

Please note that while I will make every effort in good faith to accommodate your needs, I cannot guarantee fulfillment of all requests.  If you require a specific time and date for your coaching session, please contact me prior to purchase to ensure availability prior to purchase.

6. Termination

6.1 My coaching services to you will terminate at the end of the term.

6.2  If for any reason I decide that I will be unable to fulfill any or all my services included in your package, through no fault of my own, and other than as a result of you missing a session, you agree that I may terminate this agreement by providing written notice of termination to you, without providing reasons. If I elect to terminate this agreement, I will refund to you that proportion of my fees relating to the balance of the term of this agreement, or proportionate to the services I have already delivered, at my discretion.  

7. Confidentiality  

7.1 I agree to maintain the confidentiality of all information shared by you during the coaching sessions, except as required by law or where you provide explicit consent for disclosure.

7.2  Where confidential information is disclosed to you during the program, it is done so for your personal or professional benefit, and you agree not to disclose that confidential information to any other person or entity.

7.3  You also agree to maintain the confidentiality of any proprietary information or materials provided by me during the coaching process.  

8.  Limited liability and indemnity

8.1 To the extent permissible under relevant legislation, I will not be liable for any loss or damages including loss of opportunity or damages suffered by any person from following or applying any advice, coaching, ideas or content developed as part of my programs.

8.2  To the fullest extent permitted by law, and without limiting the application of the Australian Consumer Law, you agree that:

(a) my total aggregate liability for any claim(s) by you relating to any program I deliver to you is limited to the amount actually paid by you for that package or program;

(b) if there is any fault in a package or program, my liability will be limited (at my choice) to:

(i) the delivery of that package or program again; or

(ii) refunding part or all of the cost of that package or program.

8.3 You agree to indemnify me and hold me harmless against loss or damages suffered by you or any other person arising from your breach of these terms and conditions.  

9.  Intellectual Property

9.1 All intellectual property rights in my packages and programs remain my property.  Access to any of my courses, classes and coaching does not give you any ownership rights to those program materials or any other program material.

9.2 You are only allowed to use the coaching materials for your own personal use.  You must not share, distribute or resell, in part or in full, those materials without my prior written permission. You are prohibited from using my materials to develop your own program or training for sale or giving away to others.  

10.  Your content and data

10.1  While all care is taken to store your data, the online portals of Google Drive and Dropbox, are not designed as a backup system and should not be relied on as such. I provide no guarantee for the security of your data. I will not be responsible or liable for the storage, theft, deletion, correction, destruction, damage or loss of any stored data. I recommend you have a regular back-up system in place for your systems.  

11.  Third party services

11.1 If I make any third-party recommendations including but not limited to third party products, programs or services (‘third party services’), it is because to the best of my knowledge, they are quality products or professional service providers. You must complete your own due diligence to protect yourself.

11.2 I will not be liable or responsible for your use of third-party services, or loss or damages you or any other person suffers due to the use of the third-party services.  

12.  Disclaimer

12.1  My packages and programs aim to provide a thought-provoking and creative process that inspires you to maximise your personal and professional potential. I cannot do the work for you. You agree to take responsibility for your own circumstances and acknowledge that the benefit you receive from my programs will depend on your personal circumstances and the effort you put in.

12.2   You understand that it may take some participants a greater commitment of time and effort than others to implement suggested changes or ideas, and that varied results may arise based on the individual’s starting point, flexibility to change and emotional intelligence.

12.3  While I will use reasonable skills and care in delivering my packages and programs, I cannot guarantee that your objectives will be met or that your results will be consistent or improve. Each person comes to me with different circumstances, skills and attitude, all of which can impact their outcomes.

12.4  You are responsible for your own decisions, choices, actions, and results when implementing my coaching into all areas of your life. You agree that I will not be liable for any action or inaction, or for any direct or indirect result of any services that I have provided.

12.5  Information provided on my website is for educational purposes only and I take no responsibility for any use made by you of the information supplied.

12.6  You understand that my packages and programs are not to be used as a substitute for professional advice by legal, mental, medical, financial, business, spiritual or other qualified professionals. You must seek independent professional guidance for such matters. You agree that all decisions and actions in these areas are exclusively your responsibility.

12.7  You understand that my packages and programs do not substitute for counselling or therapy, and do not prevent, diagnose, treat, or cure any mental disorder or medical condition