COACHING AGREEMENT

By clicking ‘I Agree’, emailing your statement of agreement, signing this agreement, or otherwise enrolling, electronically, verbally, or otherwise, in the Business Blueprint intensive, you (‘The Client’) are entering into a legally binding agreement with Toni McMurray (‘The Company’), according to the following terms and conditions:

 

 

In this AGREEMENT:

‘The Company’ K2018000558 T/A 4REALBIZ, registered in The Republic of South Africa. 

and, 

‘You’, the person using my coaching services and resources and signed with their name at the bottom of this contract.

 

If you would like to speak to me about any aspect of this contract, please contact me by e-mail at Toni@4realbiz.com

 

 

 

1. Introduction

 

1.1 If you use coaching services from me, you agree to be legally bound by this contract.

 

1.2 If you use any of my free resources (for example podcasts, workbooks, freebies, intensive giveaways, discovery sessions or any other resources I may offer free of charge from time to time) you also agree to be legally bound by this contract as appropriate.

 

1.3 When using any services or using any resources you also agree to be legally bound by: 

 

1.3.1 my website terms of use and privacy policy;

 

1.3.2 extra terms which may add to, or replace, some of this contract, for example, any specific written contract between us;

 

1.3.3 specific terms which apply to my services, for example, programme or service descriptions which may be set out on the webpage for that programme or in email correspondence between us. 

 

1.4. If you want to see these specific terms, please visit the relevant webpage for the programme or look at the services description I have sent you in an email or request it from me.

 

1.5. All these documents form part of this contract as though set out in full here.

 

 

2. Carrying Out Coaching Services

 

2.1. All coaching sessions will be carried out with reasonable care and skill.

 

2.2. I shall carry out the services within the time period which is set out in the relevant programme or services description emailed to you.

 

2.3. All coaching sessions (including rearranged sessions) must be taken within the timeframe specified in the programme description or services description or they will expire.

 

2.4. You can rearrange private coaching sessions during a coaching programme providing you give me at least 24 hours’ notice. If you give me less than 24 hours’ notice, fail to turn up for a session or have already rearranged 1 or more sessions in a coaching programme, you may be deemed to have taken the session and you will not be able to reschedule it, nor will you be entitled to any compensation for missing it. The coach (Toni McMurray) may use her discretion to amend this in case of emergencies or unforeseen circumstances affecting the coachee.

 

2.5. All sessions take place remotely via zoom - the means of communication agreed with you in advance. There may be an additional charge for face to face meetings.

 

2.6. Please note that I may record our calls for training purposes and administration purposes and by entering into this contract with me you consent to the recording of our calls for these purposes.

 

2.7. My carrying out of the services might be affected by events beyond my reasonable control. If so, there might be a delay before I can restart the services. I shall make reasonable efforts to limit the effect of any of those events, I shall keep you informed of the circumstances and I shall try to restart the services as soon as those events have been fixed. Examples of events which might be beyond my reasonable control include illness, IT issues and problems with internet connectivity or if you change the services you require from me and I have to do extra preparation.

 

 

3. Your Responsibilities

 

3.1. You will provide me with such information and assistance (and ensure that any information is complete and accurate) as I reasonably need to provide the services.

 

3.2. You and I shall agree on a method of communicating with each other between sessions (Voxer) and adhere to that method.

 

3.3. You agree to show up and put in the effort required to see results.

 

 

4. Disclaimer

 

4.1. Coaching is not therapy or counselling. It may involve all areas of your life. You acknowledge that deciding how to handle any issues which may arise, the choices you make in relation to them and whether or not you follow through on any agreed action is exclusively your responsibility. For this reason, although I fully expect great results to come from our coaching sessions, I cannot guarantee any specific outcomes or that all clients will achieve the same results. The results are entirely dependent on your commitment and the effort you put into the programme and the actions we agree.

 

4.2. My role is to offer you guidance and accountability and help you make positive lifestyle changes in order to make progress towards your goals. The information I provide to you is not medical advice and is not intended to take the place of seeing licensed health professionals.

 

 

4.3. Coaching does not treat mental disorders and is not a substitute for counselling, mental health care or medical treatment of any kind. By entering into this agreement you con rm that you will not use it in place of any form of counselling, therapy or medical treatment.

 

4.4. If you are currently receiving treatment from a doctor or other healthcare professional, by entering into this agreement you confirm that you have consulted with this person regarding the advisability of working with a coach and that this person is aware of and supports your decision to proceed with the coaching programme described in the relevant programme or services description.

 

4.4. You will keep me informed of any changes to your medical health or personal circumstances.

 

 

5. Intellectual Property

If I provide you with any materials, whether digital or printed, any intellectual property in those materials belongs to me and unless we agree otherwise you can only use those materials for your own personal use and you may not share them with third parties.

 

 

6. Your Personal Information

 

6.1. I shall use the personal information you give to me to:

 

6.1.1. provide the services;

 

6.1.2. process your payments for the services; and

 

6.1.3. Inform you about any similar products and services that I provide though you may stop receiving this information at any time by contacting me.

 

6.2. All information shared by you will be kept strictly confidential, except when releasing such information is required by law and/or where I consider it necessary to do so because of concerns of risk to yourself or others.

 

6.3. I shall not give your personal information to any third party unless you agree to it.

 

 

7. Confidential information

 

7.1. All information shared by you will be kept strictly confidential, except when releasing such information is required by law and/or where I consider it necessary to do so because of concerns of risk to yourself or others.

 

7.2. Where you participate in any group sessions, for example as part of a group coaching programme, you agree to keep strictly confidential any information shared by participants in those group sessions and not to share it with any third parties. You will not use the confidential information of any participant of a group session for your own bene t except with the explicit consent of that participant.

 

7.2.1 The obligations in clauses 7.1 and 7.2 will not apply to information which:

 

7.2.2. has ceased to be confidential through no fault of either party;

 

7.2.3. was already in the possession of the recipient before being disclosed by the other party; or


7.2.4. has been lawfully received from a third party who did not acquire it in confidence.

 

7.3. Your and my confidentiality obligations under this clause will continue after

termination of this agreement.

 

 

8. Resolving Problems

 

8.1. In the unlikely event that there is a problem with the services, please contact me as soon as possible and give me a reasonable opportunity to sort out any problems with you and reach a positive outcome.

 

8.2. I may at my option vary or re-perform the services if there is a problem and the terms of this agreement will apply to any re-performed services.

 

 

9. Termination Of the Contract

 

9.1. If a programme or services description specifies a length of time for services to be provided, then subject to clause 8.2 below, the services will terminate at the end of that timeframe.

 

9.2. If I provide services to you on an ongoing basis and the relevant programme or services description does not specify a timeframe then either you or I may terminate the services by one month’s written notice to each other.

 

9.3. Either you or I may terminate the services and this agreement immediately if:

 

9.3.1. the other party commits any material breach of the terms of this agreement and, in the case of a breach capable of being resolved, the breach is not resolved within 30 days of a written request to do so. The written request must expressly refer to this clause and state that this contract will be terminated if the breach is not resolved; or

 

9.3.2. the other party commits or threatens to commit or is threatened with any act of insolvency under the Insolvency Act 1986.

 

9.4. If this contract is ended it will not affect my right to receive any money which you owe to me under this contract and it will not operate to affect any provisions that expressly or by implication survive termination.

 

 

9. Limit On My Responsibility To You

 

9.1. Except for any legal responsibility that I cannot exclude in law (such as for death or personal injury), I am not legally responsible for any:

 

9.1.1. losses that:

(a) were not foreseeable to you and me when the contract was formed

(b)that were not caused by any breach of these terms on my part

 

9.1.2. business losses, including loss of business, loss of pro ts, loss of management time and loss of business opportunity.

 

9.2 My total liability to you is limited to the amount of fees, if any, paid by you for the services.

 

 

10. Indemnification

You agree to indemnify, defend, and hold harmless Company, its affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the site, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right.

 

 

11. Dispute Resolution

 

11.1. I shall try to resolve any disputes with you quickly and efficiently.

 

11.2. If you and I cannot resolve a dispute using my internal complaint handling procedure and either of us want to take court proceedings, the relevant courts of South Africa will have exclusive jurisdiction in relation to this contract.

11.3. This Agreement is governed by and shall be construed in accordance with the laws of The Republic of South Africa.  You agree to submit to the personal and exclusive jurisdiction in Johannesburg; South Africa for any disputes with Company arising out of your use of this site.  You agree that if a dispute arises, parties will attempt to resolve the dispute with mediation in Johannesburg; South Africa or an online mediation service that is mutually agreed upon by all parties.  The parties agree that their good faith participation in mediation is a condition precedent to pursuing other legal remedies.  The successful party to any dispute resolution will be entitled to reasonable costs and fees incurred in resolving or settling the dispute, in addition to any other relief to which the party may be entitled.

 

11.4. In the event of a dispute between us, you and I agree not to engage in any conduct or communications, including on social media, designed to disparage my or your website, products and services.

 

12. Entire Agreement

These terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, assurance or warranty given by or on behalf of me which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

 

 

13. Third Party Right

13.1. No one other than a party to this contract has any right to enforce any term of this contract.

 

 

BY SCHEDULING A SESSION WITH ME ON ACUITY SCHEDULER YOU ARE AGREEING TO THESE TERMS AND CONDITIONS. EVEN IF YOU DO NOT SIGN THIS CONTRACT. BY CLICKING ON THE BOX ACCEPTING THE TERMS AND CONDITIONS ON ACUITY SCHEDULER, YOU ARE BINDING YOURSELF TO THIS AGREEMENT.

 

SIGNED

Signed on this day ____________________, at this location _____________________,

By Client (write name in full) _______________________________________________

 

 

 

Signature (Client) _______________________________________________________ 

 

 

 

Signed on this day, 7 December 2019, at this location Lambton, Johannesburg, South Africa.

By Company Director, Toni McMurray

 

 

Signature __________________________