Client service agreement
Introduction
I am so excited to welcome you as my client! Please read this document carefully before you sign/accept it as sets out the terms of our relationship so that we may bother benefit from clear boundaries and knowing what our responsibilities are. By signing/accepting this Agreement, you are entering into a legal binding contract, so it is important that you make an informed decision about whether my services are right for you and contact me before you proceed if you have any questions or concerns. If anything in this Agreement is unclear, I encourage you to seek independent advice to ensure you fully understand your rights and obligations, and to negotiate any clause which feels unfair.
It is my aim to support and guide you as a birth worker in helping you take your business from side hustle to business. To achieve your goals in the work that they have been called to do in support others while having the confidence to do so.
I welcome constructive feedback as an opportunity to review and improve my practice.
Please feel free to contact me at hello@emeliavickers.com to discuss any issues that arise.
You will get the most out of working with me if you are birth worker whether a doula, postpartum doula, lactation consultant, midwife or other birth related roles. Who sees the value and need for business coaching.
My services may not be right for you if you are outside the birth worker industry or are under the age of 18. All clients must be above the age of 18.
Parties to the contract
This Client Service Agreement is between:
Emelia Vickers
ABN: 35 293 203 412
Lynwood, Perth Australia
hello@emeliavickers.com
Clients details are provided in the intake form you filled out when purchasing coaching.
My services are offered in compliance with Australian Consumer Law
Contact 0420 419 138
Monday to Friday 8am-4pm
I will endeavour to respond within 12-24 hours.
Payment terms
Price : An investment of $5,997 is required for 1:1 x 24 week coaching. Payments can change if client requests a personalised package. When you sign the contract you agree to accept the proposal and to pay the full quoted amount. Paymeny plans: Payment plans will be allowed for those who request a payment plan, each plan will be created personally between coach and client.
Payment method: A link will be emailed to you for you to fill out, then you will be direct debited as per out payment plan/agreement.
Currency: All prices are in Australia dollars (AUD)
GST: I am not registered for GST, GST is not charged on my services.
Payment due: Full payment is required before services start unless a payment plan has been organised and approved.
Consquence of late payment: Payment plans are offered for clients convenience. If your payment is more than 3 days overdue, my services will be postponed until payment has been received. If Emelia has to contact you regarding payment, there will be an administration fee of $50 charged on top of your overdue payment.
Invoice/Reciept: Receipts can be sent to coaching clients if requested.
Debt recovery: You agree to pay all costs, including debt collection agency fees and solicitor’s costs, that Emelia may occur in taking steps to recover any money that you owe to Emelia whether or not legal proceedings are issued in relation to your debt.
The coaching
Coaching content:
Focus: The main focus is to provide 1:1 business coaching.
Scope: Emelia is not a medical or legal professional. All advice is suggestive only. If we discuss something that is out of scope Emelia will refer you to the relevant professional.
Goals: In business coaching weekly notes on what is discussed will be taken so we can see your progress during our twelve weeks together. This can be requested at any time and Emelia will send it through to you via email. I will track your progress and your goals to make sure that you are on the right path that you’re wanting to be on.
Coaching sessions
Delivery: Coaching services are delieverd via zoom, emails, Facebook and phone calls.
Structure: The structure for business coaching is different to each individual client.
Audio visual recordings
Recorded by client: I do not allow clients to record sessions using any audio or visual equipment. Photos may be taken for social media purposes if required, I must be tagged in these photos.
Recorded by me: All sessions are recorded, which will be approved on zoom before recording starts. Session recordings will be email to clients after sessions, recordings are there for further development and so you are able to replay our sessions. Sharing recordings: No sharing of our sessions is allowed with any other people under any circumstances.
Session protocol
Session protocol: At the beginning of your coaching I will send you a zoom link that you are to use during the 24 weeks. I will approve your entrance into the zoom room once you join. If you have any problems please email hello@emeliavickers.com
Late clients: I ask that you respect my time and treat our sessions like any other appointment. If you are late, we will still finished at the agreed time. If I am over 10minutes late the session will be extended by that amount of time.
Missed sessions: 24 hours notice is to be given if you are required to reschedule a session. If sufficient time has not been given I have to right to cancel your session and still be charged for it. Only under extreme circumstances beyond your control will your session be rescheduled.
Cancellations: If I have to cancel your session due to illness or an urgent reason, I will reschedule at a time that is mutually agreed on. I will try to give you as much notice as possible when having to reschedule at a time that we mutually agree on.
Withdrawal and refunds:
Client withdrawals: You have the right under Australian Consumer Laws to cancel this contract at any time. However, before you do, please email me so we can discuss your concerns. Where possible, please provide 48 hours’ notice.
Refund policy: If you choose to cancel this Agreement because it no longer suits your needs, there will not be a full refund provided. You will need to pay for sessions already provided plus 75% of the fees remaining. Cancellation prior to the commencement of sessions due to change of mind/financial reasons-70% will be refunded.
Administration fee: I reserve the right to charge an administration fee of $150 for processing your withdrawal from this agreement.
Termination of this agreement:
Termination: I reserve the right to terminate this agreement if I believe that the client is not a good fit to work with me, if I feel unsafe I any situation, or any circumstances beyond control preventing me in providing my services effectively. If I need to cancel this Agreement, I will provide you with a pro rata refund.
Coach’s Responsibilities:
My promise: I will always coach you to the best of my ability. Providing the skills, education and guidance that you deserve as my client.
Duty of Care: I believe in a high duty of care in your wellbeing as my client, I will check in with you during our time together to see how you are going.
Qualifications:
I hold qualifications in Certificate IV in Business and Diploma in Business, Certificate as a Postpartum Doula, Certificate as a Newborn Care Specialist.
Client responsibilities:
Expectations: I expect that you will conduct yourself in a friendly manner. That coaching will be made a priority in your business journey and that you will show up each session at the best of your ability.
Indemnity: I expect you take full responsibility for implementing any suggestions made during our coaching sessions together and that our sessions are made a priority. You understand that my advice is limited to providing you with options for your considerations, and that you are solely responsible for any actions that you choose to take and implement in your business. Always consult back to your own visions, do your own research, and check with qualified life professionals before making major life changes. You agree to indemnify me against all consequences arising directly or indirectly from your choices.
Resources: During coaching it will benefit you to have a way of taking notes whether it’s a pen and paper or notes on your laptop.
Technology: A laptop/computer with reliable internet access will be required. You must have Zoom installed and test zoom before our first session, as well as downloading Voxer on your mobile. Once you have downloaded Voxer you will need to message Emelia and start the conversations for coaching. If you have
Travel: If you are taking part in face-to-face session, you will be responsible for your own travel to and from your session with myself as well as your parking and accommodation I required.
Supervision: Children are allowed at all coaching sessions, understand that you may not get the best out of coaching, and it is recommended to not have children during our calls so you can fully focus.
Correspondence: All correspondence will be done via email, Instagram, Voxer and phone.
Important information:
Business coaching is not a substitute for therapy or mental health treatment, although it may trigger issues that go beyond the scope of coaching or even counselling to deal with. If you find this to be the case, please let me know so that we can discuss an appropriate referral. If your concerns are urgent, seek immediate advice from an appropriately qualified professional.
Disclaimer: As your business coach I intend to help educate, support, guide and empower you during your business journey. I am not a lawyer or an accountant, I cannot give advice but can recommend you to professionals that can support you.
Precautions: It’s up to the client to care for their own wellbeing during business coaching. If anything arises during our time together, I am not responsible for your wellbeing during our time together.
Triggers: Business coaching can trigger various emotions when clients share their why they got into business. Please note you don’t have to discuss anything you don’t want to. If you feel triggered in anyway, please see a health care professional.
Risk management:The guidance I provide is to the best of my ability. It is up to the individual client to decide what information they use and how they use it. I recommend that you consider your own needs and circumstances while making informed choices with what is right for you and your business. I take no responsibility for how you implement what we talk about in coaching.
Concerns: Professional Advice: For example: I cannot make your business goals happen, if you do not put in the work. Don’t assume that the professional advice I give you as a business coach will transform your business. It requires you to do all the hard work.
Clarification: Business coaching is specific coaching tailored for your birth worker business. It is not to be considered as therapy; I cannot assist you with anything outside of business.
Misrepresentation:I am not a lawyer, accountant, financial advisor or a health are professional. If you require these services, I can refer you onto the professional who can support you more in those specific areas.
Claims and Guarantees:
Source of claims: All past and present client results are based off each individual and their coaching sessions. No results are the same of guaranteed. I often say I can make you go from side hustle to business- that isn’t guaranteed. Each client is so different, so are the results you will get out of the coaching experience.
Guarantee: I do not make any guarantees with the results you will see in your business. The advice I give is that you is just that, advice. It is up to you what action you take from our sessions together.
Results: I cannot guarantee you will achieve specific results by working together. Each business and the amount of work clients put in is so different and up to the individual with how much coaching they receive. No matter what is discussed and worked on in business coaching I cannot guarantee or have control over what happens. You coaching journey will depend on a wide range of factors.
Privacy and Confidentiality:
My confidential information: During our work together, I may share confidential information about my business or personal life. This is not to be intended for public consumption. You agree to respect my confidentiality and not discuss this information with anyone.
I may collect the following personal and sensitive date from you:
Contact information
Session notes
Personal preferences
Use of information: This information will be kept confidential and only used for providing personalised coaching to you and maintaining client notes and database.
Security: Coaching notes and information are stored on a password protected computer and mobile phone as well as password protected online application (Voxer). I will keep your information in the strictest confidence and not share the information to any person.
Limits of confidentiality:While I will keep the information that you share with me confidential, in some circumstances, I have a responsibility to report to the relevant authorities. This may occur:
a. When you provide written consent to me to disclose personal information for a specific purpose, such a referral to another coach.
b. When there is a legal requirement for the disclosure, such as a court order.
Staff: My staff members may have access to your confidential information to assist me with our record-keeping and administration needs. This access is on a strictly to know basis.
Intellectual Property:
Copyright; Any materials or handouts I provide to you are protected by copyright laws, with all rights reserved.
These materials are provided to you solely for your own personal use. Selling them or using them commercially in any way is strictly prohibited.
Limitation of liability:
Indemnity:
You take full responsibility for your implementation of any suggestions that I make while providing my services. You understand that my guidance as your business coach is limited to providing you with options for your consideration, and that you are solely responsible for any actions that you choose to take on your business. Always do your own research and check with the appropriate qualified professionals before making major business decisions. You agree to indemnify me against all consequences arising directly or indirectly from your choices.
Consumer guarantees:
I take my obligations under Australian Consumer Law seriously and will do my best to address any issues that arise. However, if there is a major problem, my total cumulative liability for all causes of action of any kind shall not exceed the amount thar you paid to me under this agreement.
Dispute resolution and jurisdiction:
Negotiation:
If either parties have any concerns arising out of the agreement or my services, we agree that we will communicate with the intention of making a genuine effort to seek a win/win solution and resolve any dispute by negotiation and discussion. Please email me at hello@emeliavickers.com outlining your concerns and suggestions for resolving a particular problem.
All information exchanged during our negotiations or any subsequent dispute resolution process, will be regarded as “without prejudice” communications for the purpose of settlement negotiations and will be treated as confidential by everyone involved ad their representatives, unless otherwise required by law.
Meditation: If both parties are unable to resolve a dispute by negotiation and discussion within 14 days, we agree to process to mediation with the assistance of an independent accredited mediator, seeking online dispute resolution or mediation by telephone if we are both not in Perth, Australia.
The mediator is to be appointed by agreement between us, falling within 21 days of the negotiation period ending, the person initiating the dispute will seek the appointment of a dispute resolution professional by the President of the law Society of Western Australia.
Agreement between both parties that all costs of mediation will be equally between us.
We agree that neither of us will commence legal action until, in the opinion of the independent mediator, the potential for negotiation and mediation have been exhausted.
Non-Disparagement: Agreement between both parties that we will not publicly or privately disparage each other, or anyone associated with each other, and will act in good faith to refrain from any conduct or communication which might reasonably be expected to interfere with each other’s business or personal interests.
Jurisdiction: This agreement is subject to the governing law of Western Australia, regardless of where you live in the world, you irrevocably agree that is the dispute resolution processes fail, the course of Western Australia, and the Commonwealth of Australia, will have exclusive jurisdiction.
By signing the information below you are agreeing to the contract above.