Business Coaching and Services Agreement

General Business Coaching and Services Agreement

(‘Agreement’)

Welcome to the Biz Bloke.

Foreword by the Biz Bloke:

When you use ‘paid coaching services’ and ‘systems building blocks services’ on this website, in person, or by teleconferencing, You agree to be bound by the coaching services agreement.

Should you apply for 1 on 1 coaching, a ‘Personalized Business Coaching Services Agreement’ will supersede this agreement as part of the eligibility and signup process. If a new agreement is not provided, this agreement shall stay in force.

Biz Bloke provides a mix of business coaching and business systems setup support. Biz Bloke does not run your business, and is not responsible for determining the needs of your business. Biz Bloke is not a ‘full service provider’. Biz Bloke does not provide systems maintenance. All coaching and systems are provided as templates that need to be built up by you, the business owner, and maintained by you. These systems are not provided as complete, and are not considered ‘fit for purpose’. You are responsible for taking these templates and building systems that work for your business. In many cases, Biz Bloke will recommend a specific piece of software or a specific system to get you started. Biz Bloke does not warrant that this system is right for you. You are responsible for researching the system more thoroughly, and making substitutions as necessary for your business.

Biz Bloke does not warrant any work, and you agree to indemnify Biz Bloke against any claims. You agree to limit Biz Bloke’s liability to refunding the product or service provided to you by Biz Bloke.

Some services reference financials, insurances, and legal documents as part of understanding business systems. Biz Bloke does not provide financial advice, insurance advice, or legal advice. You agree to retain the services of professional accountants, insurance brokers, and lawyers to obtain the necessary advice relevant to your business.

This Agreement is made between you (‘Client’)
And:
Biz Bloke (ABN: 89140538248) of Ground Floor, 470 St Kilda Rd, Melbourne VIC 3004
(‘Coach’)

1 PURPOSE OF THIS AGREEMENT

1.1 The purpose of this document is to formalise agreement for the Services to be provided as
listed in the Schedule on the terms set out in this Agreement (‘the Terms’).
1.2 The Client will be providing certain Confidential Information which is proprietary to the owner to
enable the Coach to provide the Services, which the Coach agrees to keep confidential.
1.3 The Client agrees to make payment for the Services in accordance with and as agreed in the
Schedule.
1.4 Any intellectual property which may be developed, written, designed, or provided during the
performance of the Services will remain at all times with the Coach as proprietary property.
1.5 The terms of this Agreement outline and govern the parties arrangement for these Services as
follows

2 DEFINITIONS

2.1 ‘Confidential Information’ means any written or oral information that is provided by or
disclosed directly or indirectly through any means that is not already in the public domain, and
may include information about business structures, methods, procedures and personal
information.
2.2 ‘Services’ means the services described in the Schedule.
2.3 ‘Materials’ means newsletters, reports, advertising, audio, promotional, literature, written
documents, questionnaires, videos, specifications or other material which may be required to
assist and enable the Services to be performed.

3 SERVICES

3.1 The Client appoints the Coach for the Services as specified in the Schedule to this Agreement.
The Client accepts the Services and is bound by these Terms when the Client instructs the
Coach to proceed, by making a payment, or by confirming acceptance via email or other
written means.
3.2 The Coach agrees to provide the Services described in the Schedule in accordance with the
Terms in this Agreement. The Coach agrees to provide these Services in a professional
manner and in accordance with generally accepted industry practice and standards and will
ensure any contractors or coaches or representatives that the Coach may employ from time to
time will have the relevant qualifications and are under the same standards requirements.
3.3 Any specific terms and requirements relating to the Services required by the Client will be
agreed in writing and notified to the Coach in advance.
3.4 Services may be provided face-to-face or via web-based means (such as Skype, Google
Hangout or similar) or as otherwise agreed in the Schedule. The Client is responsible for
ensuring they have the appropriate facilities available as agreed in the Schedule.
3.5 All sessions must be scheduled and agreed in advance by the Coach including any sessions
which are rescheduled due to unavailability of either party. The Services are non-transferrable
and apply only for and to the Client as agreed in this Agreement. At no time may they be
transferred to any other third party, group or entity.
3.6 In the event that a Client is unable to attend or wishes to reschedule their appointment, a
minimum notice period as specified in the Schedule is required to permit the Coach to offer
this session time to another Client. Any sessions that are not notified to the Coach for
cancellation or rescheduling prior to this notice period requirement may be forfeited and may
not be rescheduled.

4 WARRANTIES AND REFUNDS

4.1 Legislation may confer certain rights, warranties and guarantees and remedies relating to the
provision of the Services which cannot be excluded, restricted or modified, including but not
limited to the Australian Consumer Law (‘ACL’). At no time are these statutory rights sought to
be excluded.
4.2 The Coach represents and warrants:
- (a) in providing the Services, they will comply with all law and industry standards;
- (b) the work performed to provide the Services will be done to a high standard in
  accordance with best practice; and
- (c) the scope of the Services will be limited to the description provided in the Schedule
  unless otherwise agreed in writing from time to time. Similar or equivalent Services may
  be substituted from time to time if, in the sole opinion of the Coach, it would benefit the
  Client or be required to meet the terms of this Agreement.
4.3 The Client represents and warrants:
- (a) they will provide all relevant information required for the Coach to carry out the Services
  in a timely manner; and
- (b) they hold the relevant and required current insurances to protect the Coach (where
  relevant) including against any third party claims.
4.4 The Client acknowledges and agrees that:
- (a) results of Services vary from individual to individual. For this reason, performance,
  progress and success of any particular Services is reliant on the Client and individual to
  meet their own requirements. The Coach cannot and does not guarantee any particular
  or any results and the Client is solely responsible for their progress. If any time during
  the Services the Client feels their progress is not as expected, it is the responsibility of
  the Client to advise the Coach immediately of any concerns in order to give the Coach
  an opportunity to address and assist. The Coach will use reasonable efforts to resolve
  the concerns, however at no time does the Coach guarantee or warrant any increase or
  altered progress or performance;
- (b) as the Coach has blocked out specific time periods to provide the Services to the Client,
  any cancellation or termination and refund of Services would be to the detriment of the
  Coach. For this reason, there are no refunds for change of mind or similar. Refunds are
  granted in very limited circumstances and in the sole discretion of the Coach; and
- (c) in addition, any delay or late attendance to any scheduled sessions by the Client will
  finish at the nominated and agreed original time in order to not disadvantage other
  Clients that may be scheduled after the Client session. All sessions must finish on time
  at the originally scheduled time unless otherwise agreed by the Client and Coach.

5 DISPUTES

5.1 If at any time any aspect of the Services are not reasonably acceptable to the Client, or both
parties disagree on the quality, substance, or the parties disagree for any reason on the
Services, the Client will immediately notify the Coach of any such reason, the specifics and will
give a reasonable opportunity for the Coach to respond and address any concerns. Feedback
and discussion are important to the sessions and provision of the Services and it is up to the
Client to provide such feedback in order to give the Coach an opportunity to resolve any issue
quickly and effectively.
5.2 If a dispute arises, both parties agree that confidentiality is paramount to the reputation of both
the Client and the Coach. At no time will any communications or discussions be made public,
this includes but is not limited to any social media websites of either party. Any public
discussion or comments about either party are considered defamatory, negative or otherwise
damaging and will be the subject of compensation in any mediation or litigation claim.
5.3 In the event of any dispute on the work, quality or ownership that cannot be resolved, both
parties agree to obtain an independent professional arbitrator/dispute resolution specialist to
make a determination on the dispute and each of us agrees to pay our own costs.

6 RELATIONSHIP

6.1 The relationship under this Agreement is that of principal and independent contractor. This
Agreement does not make either party a joint venturer, partner, employee or agent of the
other. No act or omission of either party is to bind the other party except as expressly set out
in this Agreement.

7 TERM AND OWNERSHIP OF INTELLECTUAL PROPERTY

7.1 This Agreement is for the period set out in the Schedule. All Services must be provided
between the Commencement Date and the Final Date as set out and agreed in the Schedule.
In the event not all Services have been provided before the Final Date, the remainder will be
forfeited by the Client unless otherwise agreed in writing. It is up to the Client to ensure they
arrange and are available for all sessions and for the Services to be provided in full.
7.2 The confidentiality provisions survive the termination of this Agreement and remain until the
Confidential Information becomes part of the public domain.
7.3 Materials and work may be provided to the Client from time to time during and to enable the
provision of the Services. All materials and work is provided without warranties of any kind,
both express and implied. Any designs, materials, analyses, processes, discussions and other
intellectual property, both tangible and intangible, which is provided or may be developed as a
result of or during the Services is and will remain the property of the Coach at all times. No
materials may be reproduced or used for any purpose other than the personal private use of
the Client. At no time may it be reproduced and provided to third parties without the express
written permission of the Coach.
7.4 From time to time the Coach may use photos, videos, sound recordings and other sample
images or content (together ‘Content’) taken from sessions, classes or functions that the
Coach organises. Some of this Content may be used for marketing, advertising and
promotional business purposes and at no time will compensation be provided to the Client for
any such use. By signing up for the Services and agreeing to these Terms, the Client hereby
grants such release to the Coach to use such Content. If the Client does not wish to have their
Content used, they must notify the Coach in writing of their request.

8 INFORMATION PROVIDED TO PERFORM THE SERVICES

8.1 The Coach agrees that they will: keep confidential and secure; not use directly or indirectly;
and not disclose directly or indirectly, confidential personal information relating to,
arising under or acquired under or as a consequence of this Agreement and the Services,
except:
- (a) as required by law or any regulatory authority; or
- (b) with the Client’s express written consent.
8.2 The Coach will not at any time disclose or allow access by any person or third party to any of
the Confidential Information unless required to perform the Services in which case, the Coach
will ensure they are under the same duty of confidentiality as the Coach is under this
Agreement.

9 PAYMENT, PRIVACY AND DELIVERY

9.1 Services will only be provided once payment has been made. In the event of any late, overdue
or unpaid invoice amounts, they will incur interest at a rate determined in accordance with the
Penalty Interest Rates Act 1983.
9.2 In the event that the Client fails to pay any invoices, fails to make any payments in accordance
with the terms of the Agreement or does not perform its obligations under this Agreement, the
Coach may refuse to continue to provide the Services and may terminate this Agreement
immediately without notice. The Coach may also commence proceedings to collect any
outstanding debts owed.
9.3 All payment and personal information will be kept in a secure manner in accordance with
Australian privacy requirements. Please refer to the Coach’s Privacy Policy for details on how
Client information will be kept secure.
9.4 By providing the Coach with your payment and credit card details, the Client authorises
payment for Services. In the event the Client has chosen payments to be made on a recurring
basis, the Client hereby authorises such payments to be deducted by the Coach until the full
payment has been made under the Terms and in accordance with this Agreement.
9.5 Failure to make a required payment when due under this Agreement shall constitute a material
default under this Agreement.
9.6 All sessions or Services are non-transferrable. In addition, no sessions may include or be
attended by any third parties unless agreed in advance by both Client and Coach.

10 TERMINATION AND CANCELLATION

10.1 For any breach of any of the obligations of this Agreement, the person who has committed the
breach will immediately remedy or rectify the breach promptly.
10.2 Termination may occur if the Coach believes that the working relationship has broken down
including a loss of confidence and trust; or for any other reason outside their control which has
the effect of compromising their ability to perform the Services. In the event of such
termination by the Coach, payment must be made up to the date of the last Services and any
other monies paid in advance will be refunded to the Client.
10.3 For any group courses or programs that may be offered from time to time, the Coach reserves
the right to cancel the course or program in the event that less than a nominated minimum
number of clients are registered. All monies and fees will be refunded in full for the most recent payment period.
10.4 In the event of any cancellation by the Client, full payment for the minimum term of the
Services as agreed and nominated in the Schedule becomes immediately due and payable.
10.5 Confidentiality survives and continues in the event of any dispute or termination and, in any
event, after the delivery of the Services.

11 LIMITATION OF LIABILITY AND INDEMNITY

11.1 The Coach and their representatives are in no way liable for any loss or damages whether
direct, indirect or consequential which the Client may suffer in reliance directly or indirectly on
all or any part of the Services. The Client shall indemnify and hold harmless the Coach from
and against any and all actions, claims, liabilities, proceedings or demands which may be
brought against them in respect of any loss, death, injury, illness or damage (whether personal
or property and including reasonable legal fees and expenses).
11.2 The liability of the Coach is governed solely by the ACL and these Terms. Any other conditions
and warranties which may be implied by custom, law or statute are expressly excluded.
11.3 The Client acknowledges and agrees that they use the Services at their own risk. In engaging
the Services, the Client agrees they are liable for and agree to indemnify and hold the Coach
harmless for and against any and all claims, liabilities, actions and expenses which may result
either directly or indirectly from a breach of these Terms, misuse of the Services or in
connection with any of the Services.
11.4 In any case, the Coach’s liability is limited at all times to the amount of the last invoice paid by
the Client.

12 GOVERNING LAW

12.1 This Agreement is governed by the laws from time to time in force in the State or Territory
nominated in the Schedule. Both parties agree to unconditionally submit to the exclusive
jurisdiction of these Courts for determining any dispute concerning this Agreement.

SCHEDULE

Description of Services to be Provided

For purchased online fixed products:

Example products include the ‘From Your Hustle to Your Business’ product.
Online provision of pre-built templates and instructional videos for the purposes of setting up a micro business; as listed in the product descriptions. Delivery via self-service membership website. This product does include legal, financial, insurance or other specialist professional advice.
The system is to be considered as ‘an incomplete template.’ The client is required to do the work in each step, amend the steps to their business model, and research the software and licenses in each step to ensure it is fit for their purposes.
Website up-time guarantee: 95%. Extensions shall be granted for downtime that exceeds this quota.
Support limited to chat and email support. Responses to a maximum of 20 simple questions per course (simple defined as less than 3 minutes of required answering time).
Support Upgrades are available by purchasing call packs and 1 on 1’s.

For 1 on 1 Coaching:

Online provision of business coaching via video calls, charged on a per-hour basis. Delivery via booking calendar, and video conferencing software of the business coach’s choice.
No external deliverables.

Term – Commencement Date:

The date of purchase.

Term – Final Date:

1 Month from the date of purchase

Minimum Term – Cancellation of Services:

For recurring packages, cancellation must be made at least 7 days prior to the renewal date. Should the cancellation fall within 7 days of the renewal, the following period of 1 month shall be charged and supplied.

Minimum Notice Period: Rescheduling of Appointments

With at least 72 Hours notice: the client may reschedule without penalty twice only per 30 day period. After two reschedules, the appointment time shall become fixed, and any payment shall be forfeited if the client does not attend.

With at least 48 hours notice: The client may reschedule for a 25% penalty fee. The client may reschedule multiple times by repaying the penalty fee each time,

Once within the 48 hour period, the appointment is fixed and any payment shall be forfeited if the client does not attend.

Technical difficulties in accessing video conferencing on the client-side, shall not warrant a valid excuse for cancellation or extension.

Payment Schedule

For all website products, payments shall be made prior to receiving the product.
For all services, such as 1 on 1 Video Coaching, payment shall be made prior to the sessions, and shall
be charged on an hourly basis, unless otherwise specifically noted.

For any payments where the Coach has agreed to post-payment: payment must be made within 14 days of invoicing. After 14 days, interest rates on due amounts shall apply.
Listed payments on the website are shown as total amounts (inclusive of 10% GST, where applicable; or GST exempt
where not applicable).

Governing Law

Victoria, Australia