Terms & Conditions
LOUISE ZAWADA LEADERSHIP SERVICE AGREEMENT
PLEASE MAKE SURE YOU CAREFULLY READ THE POINTS BELOW BECAUSE THEY MAKE CLEAR WHAT WE CAN EXPECT FROM EACH OTHER. THE SERVICES ARE OFFERED TO YOU CONDITIONAL UPON YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU HAVE ANY QUESTIONS PLEASE GET IN TOUCH OTHERWISE SIMPLY INITIAL PAGE 1-4 AND SIGN THE LAST PAGE OF THIS DOCUMENT AND SUBMIT.
1. Overview
These services are provided by Louise Zawada Leadership. Your coaching may address specific business projects, outcomes or general conditions in the client’s personal and/or professional life. Coaching is not therapy or counselling. Services may include, but not be limited to training, business strategies, creating plans, examining modes of operating and teaching tools to assist personal transformation. We will hold You accountable to a higher standard as part of your growth, to help you to achieve your best results. We will coach and train you in alignment with what’s working, what can be done better, and help to remove any barriers for growth.
It is important to note that any coaching or mentoring given is advisory only and as the decision maker you agree to not hold Us liable for any financial damage or loss.
2. Amendments
We may amend these Terms and Conditions by providing You with reasonable notice.
3. Term of Services
We agree to provide the Services to You in accordance with these Terms and Conditions.
From the commencement of the Initial Term, You will receive:
An initial call to discuss Your goals and key metrics;
Access to book in and attend one on one coaching sessions. The frequency, date and time of these sessions are to be agreed by You and Us. These sessions are approximately 60 minutes in length;
Support via Facebook messenger and email.
Access to tools, techniques and systems to help you achieve your goals.
4. Return on Investment
At the conclusion of the Initial Term, We agree to provide you with a (1) coaching call, free of charge if you have not achieved the Goal outlined in the first session (Guarantee). The Guarantee is only available if:
You are not in breach of these Terms and Conditions;
You have fully complied and followed any of Our opinions and recommendations and such opinions and recommendations were actioned promptly;
You have attended the pre-agreed coaching sessions, as agreed in the initial call (unless You have provided Us with at least 48 hours notice);
You have completed every check in;
Acting reasonably, We determine that You have dedicated sufficient time to the Services.
You understand and agree that the Guarantee is not a refund of Your Fees.
5. Intellectual Property of Services
We have and retain ownership (including all Intellectual Property Rights) of all information contained on the Website, in the Services and other documents prepared and provided to You.
This includes but is not limited to all presentations, outlines, coaching programs, coaching exercises, instructions and information contained in emails. If You want to copy, adapt, distribute, re-use, store or display any information We give to You, You can only do so with Our written permission.
6. Intellectual Property of Third Party Material
We make no warranties or representations that third party material, does not infringe the Intellectual Property Rights of any person anywhere in the world. We are not, and must not be taken to be, authorising infringement of any Intellectual Property Rights contained in material published on the Website or provided to you in the delivery of the Services.
7. Information
The information provided by Us and third-party suppliers are intended to assist in You. You acknowledge and agree that the information published is only intended to provide general information in summary form.
Neither Us nor third-party suppliers can guarantee the suitability of the Services, or provide legal advice, financial advice, counselling or therapy. We strongly recommend that You seek this advice independently from a suitably qualified professional. It is Your sole responsibility to evaluate the accuracy, completeness and usefulness of all opinions, Services, and other information provided to You.
8. Use of Services
Our Services are impacted by the time You dedicate to Our Services. You understand that results are not guaranteed and are directly impacted by Your ability to integrate and apply the techniques into your life.
You may use Our Services and other documents in relation to the work for which they were prepared. We do not take responsibility for the re-use or reproduction of Our Services, documents or techniques.
9. Confidential Information
We will keep confidential all confidential information received from You during the supply of the Services, which includes Your trade secrets, business prospects, business plans, clients, pricing, intellectual property, personal contact information and the substance of the Services provided.
However, We may disclose confidential information to Our necessary employees, to obtain professional advice (such as legal or financial advice), to the extent required by law or with Your prior written consent.
You understand that We have other Clients in the same or similar industries and sectors to Your own. Except for information only confidential to You, knowledge of industry or sector conditions, practices, participants or pricing form part of Our knowledge and experience and is not confidential information.
10. Fees
You agree to pay Us all Fees.
The Fees payable by You are the Fees displayed at checkout on the Website immediately prior to agreeing to these Terms and Conditions and purchasing the Services; You understand and agree that We may change the Fees by providing you with 14 days written notice.
Method of Payment
The sums payable under these Terms and Conditions are to be paid by a credit or debit card.
Frequency of Payment
You may pay any sums payable under these Terms and Conditions by selecting one of the following options at checkout on the Website:
(a) Direct debit;
(b) A lump sum payment of all Fees.
Direct debit payments are handled by Stripe. Please review and familiarise Yourself with their terms and conditions.
11. Cancellation
We may cancel the Services at any time, by providing You with 7 days written notice. However, notice will not be required where We terminate Our Services because of any payment due by You to Us is not paid by the due date or any other breach of these Terms and Conditions.
If Our Services are terminated for any reason You must pay Our Fees and other charges up until the end of the notice period.
You understand and agree that the charges in this clause are reasonable to protect Our legitimate business interests.
12. Referral
If You introduce a potential client to Us who agrees to these Terms and Conditions and becomes a Client, You will be entitled to 10% of the Fees paid by the new customer during their Initial Term (Referral Benefit).
You understand and agree that the Referral Benefit:
Is only applicable if the new customer agrees to these Terms and Conditions and becomes a Client within the first 6 months of the introduction from You;
The new customer has not previously been a Client;
We do not have an existing relationship with the new customer;
Is not applicable if the new customer does not pay any Fees during the Initial Term;
Is only applicable to the actual Fees received by Us from the new customer. For example, if the new customer defaults on payment of their Fees, this may reduce Your Referral Benefit;
Is not applicable on any other funds received by Us from the new customer. For example, payment of Our legal fees or interest.
The Referral Benefit will be given to You as a credit against Your Fees for the Services.
13. Payment Default
If You default in payment by the due date of any amount payable to Us under these Terms and Conditions, We may, without prejudice to any other accrued or contingent rights:
Cease or suspend supply of any Services to You;
Charge You for, and You must indemnity Us from, all costs and expenses (including without limitation all legal costs and expenses on a full indemnity basis) incurred by Us resulting from the default or in taking action to enforce compliance with these Terms and Conditions;
Be liable or charged for any interest or fees by any third party payment providers (such as Stripe).
14. Refund
You agree and understand that the Fees are non-refundable. You are obliged to pay for the Services that We agree to provide You with regardless of whether You terminate, utilise or fully utilise those Services.
15. GST
Words used in this clause which are not defined in these Terms and Conditions have the same meaning as in the GST Law.
Where a party to these Terms and Conditions (Supplier) makes a taxable supply under or in connection with these Terms and Conditions or in connection with any matter or thing occurring under these Terms and Conditions to another party to these Terms and Conditions (Recipient), and the consideration otherwise payable for the taxable supply is not stated as GST inclusive, the supplier will be entitled, in addition to any other consideration recoverable in respect of the taxable supply, to recover from the Recipient the amount of any GST payable on the taxable supply.
The Supplier must issue a tax invoice (or an adjustment note) for any supply for which the Supplier may recover GST from the Recipient, and must include in the tax invoice (or adjustment note) the particulars required by the GST Law for the Recipient to obtain an input tax credit for that GST.
If the amount paid by the Recipient to the supplier in respect of GST differs from the GST on the taxable supply (taking into account any adjustment events that occur in relation to the taxable supply), an adjustment shall be made. If the amount paid by the Recipient exceeds the GST on the taxable supply, the Supplier shall refund the excess to the Recipient. If the amount paid by the Recipient is less than the GST on the taxable supply, the Recipient shall pay the deficiency to the Supplier.
Where a party to these Terms and Conditions is entitled, under or in connection with these Terms and Conditions or in connection with any matter or thing occurring under these Terms and Conditions to recover all or a proportion of its costs or is entitled to be compensated for all or a proportion of its costs, the amount of the recovery or compensation shall be reduced by the amount of (or the same proportion of the amount of) any input tax credits available in respect of those costs.
16. Confidentiality
Unless We obtain Your prior consent, We will not provide Your details to any third party except as identified in these Terms and Conditions or Terms of Use.
17. Email and Other Electronic Communication
We will use email and other forms of digital or electronic communication with You and third parties unless You instruct Us to the contrary and We agree to another method of communication with You.
Email and other digital or electronic communication may be interfered with, contain computer viruses or other defects, or may not be successfully replicated to other systems. To the extent permitted by law, We will not be liable for any copying, recording, reading or interference by others during, or after a transmission, for any delay or non-delivery, or for any damage caused in connection with the transmission. Please contact Us immediately if You have any doubts about the authenticity of any communications or material which appears to have been received by Us.
18. Your Obligations
You warrant and agree that:
You have the legal capacity and power to agree to be bound by these Terms and Conditions;
These Terms and Conditions are legally binding and You have had the opportunity to obtain legal advice prior to agreeing to them;
You will perform the obligations under these Terms and Conditions;
You will not use the Website for any illegal purpose;
You will implement the coaching strategies;
You will be prompt in implementing Our opinions and recommendations;
You will attend a minimum of 2 coaching sessions per month (whether one on one or group coaching);
You will action all of the commitments, ideas and strategies You agree to during Your coaching session or in any other means of communication (whether message, email or phone);
You will ask for help;
You will act respectfully towards Us. This includes but is not limited to listening, not interrupting or engaging in behaviour which is degrading, bullying or harassing;
You will dedicate sufficient time to the Services.
We may record sessions or take images of our clients for the purpose of future training and/or marketing in all media. You give permission to us to use your image for any such media release or training related purpose.
You may not assign or transfer any rights and obligations under these Terms and Conditions without Our written approval.
19. Breach
If You breach these Terms and Conditions, breach applicable laws, regulations, or third-party rights or We believe it is reasonably necessary to protect other Clients, We may, without prior notice:
suspend or limit the Services;
suspend or remove content.
Nothing in this clause acts to limit the Terms of Use.
20. Limitation of Liability
You understand and agree that We:
Make no warranties or representations about the Website, the Services or any of the content;
Accept no responsibility for any loss suffered by You or anyone else in connection with the use of this Website, the Services or any of the content.
You (the “Indemnifying Party”) releases and indemnifies and will continue to release and indemnify Us (the “Indemnified Party”), its officers, employees, subcontractors and agents from and against all direct actions, claims, proceedings or demands (including those brought by third parties) which may be brought against it or them, whether in relation to these Terms and Conditions, Website or Services, whether at common law, in equity or pursuant to statute or otherwise, in respect of any loss, death, injury, illness or damage (whether personal property, and whether direct or consequential, including consequential financial loss) and any howsoever arising as a direct result of the negligence, willful misconduct or recklessness of the Indemnifying Party and from and against all direct damages, costs and expenses incurred by the Indemnified Party (on a full indemnity basis) in defending or settling any such claim, proceeding or demand.
The Indemnifying Party indemnifies and will continue to indemnify the Indemnified Party for all costs and expenses on a full indemnity basis, relating to the Indemnifying Party’s breach of these Terms and Conditions or the enforcement of these Terms and Conditions.
The indemnity under this clause survives the termination of these Terms and Conditions.
21. Warranty
We will use reasonable endeavours to ensure the Services are carried and completed by the requested timeframes, to acceptable standards and in compliance with these Terms and Conditions.
Whilst We will use Our reasonable endeavours, We will not be liable for any loss or damage You suffer or suffered by any third party for a failure of the Services to meet the requested timeframe, be of acceptable standard or in compliance with these Terms and Conditions.
22. Inconsistency
Should there be an inconsistency between these Terms and Conditions and the Terms of Use, these Terms and Conditions shall first prevail, to the extent of the inconsistency only.
23. Force Majeure
We will not be liable for any failure to carry out Our obligations under these Terms and Conditions where such failure is due to any cause beyond Our reasonable control , including but not limited to an act of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, generalised lack of availability of raw materials or energy.
24. Severability
In the event that a Court of competent jurisdiction determines that any or any part of the terms contained in these Terms and Conditions are invalid, unlawful or unenforceable, then such term/s shall be severed from the remaining terms to the extent of their invalidity, unlawfulness or unenforceability.
25. Relationship
These Terms and Conditions do not create a relationship of agency, partnership or joint venture between the parties.
26. Governing Law
These Terms and Conditions are governed by the laws in Western Australia, Australia and You irrevocably submit to the jurisdiction of its Courts and its Appellate Courts and the jurisdiction of the Federal Court of Australia sitting in Western Australia.
27. Definitions
Louise Zawada Leadership means Louise Zawada Leadership (ABN 91 487 251 916), including its employees and agents.
Intellectual Property Rights means statutory and other proprietary rights in respect of trade marks, patents, copyrights, confidential information, know-how and all other rights with respect of intellectual property as defined in Article 2 of the Convention Establishing the World Intellectual Property Organisation of July 1976.
Fees means the fees charged and/or payable by You to Us for the Services.
GST Law has the same meaning as “GST Law” in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and also includes any related Act imposing such tax or legislation that is enacted to validate, recapture or recoup such tax.
Parties means the parties to these Terms and Conditions, their respective successors and permitted assigns, and Party means either one of them as the context permits.
Client means a person who has access to the Services.
Services means the service provided by Louise Zawada Leadership, including but not limited to coaching, materials and information.
Terms and Conditions means these Terms and Conditions as amended from time to time and displayed on the Website.
Terms of Use mean the Terms of Use displayed on the Website.
Us, We or Our refers to Louise Zawada Leadership. Website means https://louisezawadaleadership.com/ and includes any subsidiary pages from those sites.
You and Your refers to You, the person accessing the Website and/or the Services.
If you have any questions or concerns regarding our privacy policy please direct them to: ljzawada@outlook.com
By signing this document, you acknowledge that you have read and agree to these Terms and Conditions and agree that these terms and conditions form a contract between You (the client) and Louise Zawada Leadership.
By clicking submit, you hereby acknowledge that you have read and understood the Terms and Conditions.