QUANTUM CASH
1-1 COACHING AGREEMENT

Partie
PARP
Parties: Bec Cuzzillo
Bec Cuzzillo ABN 48 724 589 240.
hello@beccuzzillo.com
(“Coach”)

1. INTRODUCTION

This is an Agreement between Bec Cuzzillo in her capacity as owner of Bec Cuzzillo ABN 48 724 589 240 (“Coach”) and (“Client”) for one-on-one coaching services. This Agreement has been reached after an offer and acceptance was made to (“Client”), and in exchange for adequate consideration.

Bec Cuzzillo ABN 48 724 589 240 is a company that provides individuals and business owners with life and business coaching to support spiritual women to build sustainable and profitable businesses through mindset, energetics and soulful business strategy. Bec Cuzzillo offers an eight (8) week one-on-one coaching program to individual clients (the “Program”).

The purpose of the Program is to form a coaching relationship between the Coach and Client. The ultimate goal is to cultivate the Client’s personal, professional and/or business goals and assist Client in attaining his/her/their highest potential through working on the Client’s mindset blocks, overcoming the Client’s limiting beliefs and supporting the implementation of the Client’s business strategy. This will be done through interactions between the Coach and Client throughout the Term of this Agreement.

Coach hereby agrees to provide Client with the Program in exchange for payment and performance of Client’s Responsibilities (hereinafter defined). Client agrees to make all payments and abide by all policies and procedures as a condition to this Agreement.

By signing this Agreement, Client hereby acknowledges all policies and procedures contained within this document and expresses assent to the following terms:

2. TERM

This Term of this Agreement shall be eight (8) weeks from date of purchase.

In the event that circumstances covered by Section 6 (Rescheduling Policy) arise, this Agreement shall terminate within 30 days of the original End Date, regardless of whether Client has completed all rescheduled coaching calls.

3. DISCLAIMER AND COACHING DEFINITION

The Coach is not an employee, manager, lawyer, accountant, psychiatrist, psychologist, therapist, public relations manager, social media manager, doctor, counsellor, business operations manager, financial analyst, business executive, or another agent of Client’s business. Client understands that coaching is working one-on-one with the Coach to help Client think through and analyse decisions and assist Client with finding his/her/their own direction. The Coach may offer her opinion regarding decisions, but it is the responsibility of Client to make the final decision and choose the best option for himself/herself/themselves.

Although the Coach may offer Client tools to help improve all aspects of Client’s life, the coaching services in this Program are specific and limited in nature, pursuant to Section 4 of this Agreement. The Coach is a life and business coach, who offers Coaching Services in the form of Business Coaching and Mindset Coaching (herein collectively referred to as “Coaching Services”). Business Coaching is tailored personal development geared towards helping Client discover his/her/their own direction, purpose, and/or entrepreneurial potential. Mindset Coaching is assisting Client to work through limiting beliefs and overcome mindset obstacles and to build confidence in an effort to reach Client’s goals.

Coaching Services do not include: 1) procuring business or potential clients for Client; 2) performing any business management services for Client, such as accounting, operations, research, or development; 3) therapy sessions in the form of psychotherapy, psychoanalysis, or behavioural therapy; 4) publicity, public relations and/or social media marketing services; 5) legal or financial advice; 6) introduction to Coach’s professional network and business relationships.

Client hereby acknowledges that Client is solely responsible for the amount and type of income and results that Client generates by implementing techniques and advice provided by Coach. Client also acknowledges that Coach cannot and does not guarantee that implementation of the Coaching Services and Program will provide Client with an ideal resolution or perfect life. Client also agrees that he/she/they are solely responsible for any decision to leave his/her/their other career, job or profession in order to pursue Client’s business idea and indemnifies Coach from any liability regarding said decision. Similarly, Client also agrees that he/she/they are solely responsible for any decision to leave his/her/their relationship, living environment, marriage, or other making any other personal decision and indemnifies Coach from any liability regarding said decision.

4. COACH’S RESPONSIBILITIES

Coach promises to offer Coaching Services (as defined in Section 3) as part of the coaching Program. Coaching Services include one (1) one-hour (1-hour) initial call, and five (5) 45-minute coaching calls which will take place during the Term of this Agreement. The Coach also agrees to provide additional feedback and support in the form of text and voice messages on a private Slack channel with Client, or via email for eight (8) weeks following Client’s initial coaching call. Coach will review and respond to all enquiries on Slack and Email within the office hours: Monday – Friday 10am to 5pm Australian Eastern Standard Time (AEST). Coach will respond to all enquiries on Slack and Email within one (1) business day.

The Coach promises to manage the process of each coaching call, although the content of each call will vary and is dependent on the Client’s goals.

The Coach will use the following techniques to assist the Client:
Identifying processes to organise, establish and narrow down Client’s goals and ideas;
Providing Client with various perspectives to better understand their thought-processes, tendencies, and traits;
Questioning and listening techniques;
Assignments and exercises to help Client build new thought patterns and habits;
Introducing systems, models, and processes to educate Client;
Providing accountability, guidance, challenge, support, and encouragement.


5. CLIENT’S RESPONSIBILITIES

Coach’s Program has been developed for educational purposes only. Coach has established her proprietary Program in order to educate and inspire Client to pursue his/her/their personal goals. However, Client hereby acknowledges that Coach does not guarantee Client’s goals, whatever the goals may be, will be reached by completing and implementing the advice and techniques in the Program. Client accepts and agrees that Client is 100% responsible for his/her results from the Program. Client acknowledges that, as with any business endeavour and investment, there is an inherent risk associated. As such, Client agrees there is no guarantee that Client will attain his/her goals by simply completing the Program.

Nevertheless, Client acknowledges that he/she/they can optimise his/her/their potential results from the Program by adhering to the following:

Completion of all Program material, including assignments and worksheets if applicable;
Thoughtful and meaningful participation in the coaching call with Coach;
Utilisation of Coach’s feedback on Email and Slack;
Completion of all assigned work, journaling, material, and research between each coaching call;
Committing to the Program;
Attending each coaching call at the scheduled date, on time;
Immediately rescheduling any coaching call if necessary and adhering to the rescheduled time and date;
Taking 100% responsibility for Client’s results, 100% of the time.


6. RESCHEDULING POLICY

A big component of success is discipline and commitment. In order to achieve optimal results under this Program, Client should commit to the schedule as follows:

This is an eight (8) week Agreement, consisting of one (1) sixty (60) minute initial coaching call and five (5) 45-minute coaching calls. The coaching calls will take place at a designated time of a certain day as arranged by Client; using Coach’s online booking system.

Coach understands that sometimes, “life happens.” In order to accommodate situations that unexpectedly arise, Coach agrees to allow one (1) rescheduled call. All requests to reschedule a call must be made no later than twenty-four (24) hours before the scheduled call. All requests to reschedule must include a date and time within a week at which the rescheduled call can take place, which Client must schedule with Coach’s scheduling link. Failure to do so shall result in Client forfeiting the coaching call with no money back. Any “no-shows” will also result in forfeiture of the coaching call with no money back.

If any calls are rescheduled beyond the eight-week Term of this Agreement, Client must reschedule all calls within thirty (30) days of the End Date of this Agreement, or else Client forfeits those coaching calls and all payments due under this Agreement.

7. REFUND POLICY

Client has until the day of the first scheduled coaching call to request a complete refund. If the Client reschedules the first scheduled coaching call, then Client is only eligible for a 50% refund, which must be claimed before the rescheduled first call takes place. After the first coaching call takes place, there are no refunds and Client remains responsible for all payments due under this Agreement. All refunds are subject to the discretion of Bec Cuzzillo.

8. PAYMENT & FEES

Upon execution of this Agreement, Client agrees to pay to the Coach the full purchase amount.

If Client selects a payment plan option, Client agrees to pay fees to the Coach according to the payment schedule set forth on Coach’s website, or otherwise provided to Client, and the payment plan selected by Client (the “Fee”).

NOTE: A partial payment of one instalment of the payment plan shall be treated as a commitment to pay the entire fee for the Program. By submitting a partial payment, Client understands that he/she/they are contractually bound to make all payments in the agreed timeline.

Credit Card Authorization (if applicable for payment plan). Each Party hereto acknowledges that Coach will charge the credit card chosen by the Client.

In the event Client fails to make any of the payments within a payment plan during the time prescribed, Coach has the right to immediately disallow participation by Client until payment is paid in full, including disallowing access to modules, materials, and coaching calls. If Client has not paid within fifteen (15) days, Coach has the right to terminate the agreement.

Late Fees – Coach understands that, from time to time, there are issues with payment. All payments must be received by Coach within five (5) days of the due date for that instalment. Any payments not received within five (5) days of their due date shall be subject to a late fee of twenty-five Australian Dollars ($25.00 AUD). Any payments not received within fifteen (15) days of their due date will result in Client’s breach of this Agreement and may result in termination of Coaching Services


9. TERMINATION

Coach is committed to providing quality service to all Clients. However, from time to time, situations arise that require the Coach to terminate the Agreement before the Term ends. As such, Coach reserves the right to terminate the Agreement “for cause” at any time during the Agreement, which includes, but is not limited to, the following causes:
1) Client fails to follow Program guidelines;
2) Client is abusive or harasses Coach or other members of Coach;
3) Client refuses to pay or does not pay within the schedule outlined in Section 8 above;
4) Client proves to be difficult to work with and/or does not attend the scheduled coaching call;
5) for any other legitimate business purposes in the best interest of Coach. If any of the following causes trigger Coach to terminate the Agreement, Client is still liable to pay the entire cost of the Agreement.


10. CONFIDENTIALITY, INTELLECTUAL PROPERTY, LIMITED LICENSE


Confidential Information -

Bec Cuzzillo takes pride in its proprietary information included in each Program. As such, Client agrees and acknowledges all Confidential Information shared through this Program and by the Coach is confidential, proprietary, and belongs exclusively to Bec Cuzzillo.


“Confidential Information” includes, but is not limited to:
1) Any systems, sequences, processes or steps shared with Client;
2) Any information disclosed in association with this Agreement;
3) Any trade secrets in connection with the Program or Bec Cuzzillo business practices.


Testimonials -

Coach also agrees to protect Client’s Confidential Information. However, from time to time, Bec Cuzzillo may use general statements about Client’s success as social proof and part of its marketing strategy. By signing this Agreement, Client agrees to Coach sharing Client’s success stories as testimonials on Coach’s website and/or social media.


Intellectual Property -

This Program, content and products contain intellectual property owned by Bec Cuzzillo. This Agreement is intellectual property owned by Bec Cuzzillo. Other examples of intellectual property found on our website and within our products and Services include, but are not limited to: trademarks, service marks, layout, logos, business name, design, text, written copy, certain images, podcast recordings, videos, audio files, and all of our paid products (collectively referred to as “Intellectual Property”). You shall not copy, publish, transmit, transfer, sell, create derivative works from, reproduce, or in any way exploit any of the Intellectual Property owned by Bec Cuzzillo described within this Section in either whole or part without prior written consent.

Limited License -

Bec Cuzzillo grants only a limited, personal, non-exclusive and non-transferable license to Client to use the Intellectual Property for your personal and internal business use. You acknowledge that any and all products or Services that you download are for your own personal and internal business use. You shall not copy, reproduce, transmit, modify, edit, create derivative works from, alter, sell, or share with others any products or parts of the Program without prior written consent or unless provided otherwise.

If the Client is also a business owner in a similar industry, Client must not misappropriate any of Coach’s intellectual property and proprietary information in the following manner:
1) Teaching Client’s personal clients any of the information, methods, solutions, or formulae owned by Coach and passing it off as her own;
2) Copying any of Coach’s course material for Client’s personal use;
3) Copying, publishing, transmitting, transferring, selling, creating derivative works from, reproducing, or in any way exploiting any of the Intellectual Property owned by Coach in either whole or part without prior written consent.


11. INDEMNIFICATION / LIMITATION OF LIABILITY

Coach provides career guidance as part of her Program. Client hereby acknowledges that neither Coach nor Bec Cuzzillo is liable for any injuries that may arise from Client’s personal decisions based off of his/her/their participation in this program, including but not limited to: a decision to leave a job, leave a relationship, change their living environment, a decision to invest in an opportunity, a decision to start a business, any of Client’s business decisions, any of Client’s financial decisions. Client hereby agrees to indemnify and hold harmless both Coach and Bec Cuzzillo of any claims that may arise after participation in the Program.

12. MISCELLANEOUS

A. Amendments - We reserve the right to amend this Agreement from time to time. Any amendments must be agreed in writing and executed by both parties.
B. Headings & Severability - Headings are included for convenience purposes only and shall not affect the construction of this Agreement. If any portion of this Agreement is held to be unenforceable, it shall not affect the remaining portions of the Agreement, which shall remain in full effect. If any portion of this Agreement is held to be unenforceable, then the unenforceable portion shall be construed in compliance with applicable law in a light most favourable to the original intentions of the parties. If the unenforceable portion of the Agreement is found by a competent court of this jurisdiction to be contrary to law, then it shall be changed and interpreted to best reflect the original intentions of the parties, and all other provisions shall remain in full force and effect.
C. Entire Agreement - This Agreement reflects the entire agreement between the parties. This Agreement trumps any other existing negotiations, communications or Agreements between the parties, whether written, oral, or electronic, and is the full extent of the Agreement between the parties.
D. All Rights Reserved - All rights not expressly granted in this Agreement are reserved by us.
E. Governing Law - Bec Cuzzillo is located in Australia and is subject to the applicable laws governing Australia. The governing law for this agreement is the laws of New South Wales (NSW).
F. Arbitration - Any disputes arising under this Agreement shall first be resolved through a binding arbitration.
G. Execution - This Agreement may be signed in counterparts. Signatures sent via facsimile and electronic signatures shall be deemed valid.