Terms & Conditions
By visiting lisanewmanmorris.com.au you are consenting to these terms and conditions.
The terms ‘coach’, ‘consultant’, ‘me’ or ‘I’ refers to Lisa Newman-Morris ABN 91 492 848 848 of P.O. Box 344 Patterson Lakes 3197. The term ‘site’ or ‘website’ refers to lisanewmanmorris.com.au. The terms ‘you’, ‘your’ or ‘user’ refers to site visitors, customers, clients and any other users of the site. The terms ‘Proposal’ or ‘The Proposal’ refers to my offer to deliver services to you which you may choose to accept or decline. The term ‘Program’ refers to the services I will deliver to you as a client. The term ‘Session’ or Sessions’ refers to coaching sessions delivered by me to you.
This is the agreement I use for delivering my services and products and to define my working relationship with you. If there is any part of The Proposal that you do not understand, please let me know before agreeing to these terms.
These terms apply from the date you purchase services from the site and cover all services you ask me to provide, whether or not you sign anything.
1.1 The Proposal is my recommendation to fulfill your goals and objectives according to the information provided to me, by you, in the initial discovery meeting or via any other means of communication you use to engage my services.
1.2 I will ask you to tell me your goals and objectives before commencing any Program. Throughout the course of The Program, other goals and objectives may be identified. I will provide The Program in line with these goals and objectives and the content of The Program may be adjusted as required to meet your needs as I see them.
2. What I will provide
2.1 I will provide my services in a competent and professional manner.
2. 2 The extent of The Program and its content will depend on your individual needs, which I will assess and we will agree to mutually before and during The Program.
2.3 Sessions will be carried out as needed and as mutually agreed upon, either weekly, fortnightly, monthly, or bi-monthly. Sessions will be held via phone, internet meeting or face-to-face.
2.4 I may recommend increasing or decreasing the number of sessions per month at my option, to ensure key objectives are achieved.
2.5 I may suggest you view a variety of offline or online resources during The Program. It is your responsibility to make a note of those resources and access these at the most appropriate time to meet the needs of The Program.
2.6 I do not guarantee the success or otherwise of your goals or objectives as a result of your participation in the program.
2.7 I am not qualified to provide legal, tax, accounting, or financial advice, and the information provided to you is not intended as such. You should refer all legal, tax, accounting, or financially related enquiries to appropriately qualified professionals.
3. What is expected from you?
3.1 Enthusiasm, willingness to learn and a positive attitude.
3.2 You agree to do all things reasonably requested of you during The Program and to take the actions necessary to progress and develop through The Program.
3.3 Pay all costs on time and in full.
3.4 Attend all agreed meeting times and dates or give me at least 2 business days’ notice if you need to reschedule a meeting. I cannot guarantee that a new session time will be available if you miss a booked session.
4. What is not included
4.1 I do not do the work for you. All suggestions, recommendations, and strategic planning to achieve your goals is your responsibility to complete.
5. Fees and payment
5.1 My fees for providing the services are set out in the product details on the website.
5.2 All monthly coaching services are paid in advance, with the first payment due on the agreed start date, and then on the same date each month thereafter.
5.3 There is no minimum term. You may cancel the subscription at anytime with a minimum of 7 days written notice prior to your next monthly debit date. Refunds are not available for unused fees or unused sessions.
5.4 Payment is accepted through recurring subscription by signing up on the website.
5.5 If you do not wish to commence with a program, you must give me at least 5 days written notice before we start.
5.6 If you end this agreement before completion of the program you are still obliged to pay the program fee in full.
5.7 Fees are not refundable simply because you have changed your mind about participating, or missed a scheduled meeting time. Please be sure of your commitment before you start.
5.8 If you fall into arrears with your payments, the services may be suspended until all fees have been paid.
5.9 Interest may be charged on any overdue payment, accruing daily from the date when payment becomes due, until the date of payment, at a rate of 8% per annum (and such interest may compound monthly) after as well as before any judgment.
5.10 If any payment is dishonoured for any reason you may be liable for any dishonour fees incurred by me, as well as any costs and disbursements incurred by me in pursuing the debt (including legal costs and debt collection costs). Services may also be terminated or suspended until outstanding fees have been finalised.
6.1 Where confidential information is disclosed to you during the program it is done so for your personal benefit or learning and you agree not to disclose that confidential information to any other person or entity.
6.2 Some of the information that you provide to me will be information that is clearly important and confidential to you or your business. I will only use that information to provide services to you and will not share it.
6.3 These obligations of confidence will cease to apply in relation to information that either party is required to disclose by any law, or which becomes part of the public domain other than as the result of a breach by the disclosing party of its obligations under this agreement.
7.1 You consent to use of your name, image, business name and logo, and any testimonial provided by you for the ongoing promotion of my services.
8. Intellectual Property Rights
8.1 I retain the intellectual property rights in any materials that I have developed and provided to you in the course of the program. You may use those materials for your own purposes and are not authorised to share, distribute or resell, in part or in full, those materials without prior written permission.
9. Third party services
9.1 If I make any third party recommendations, I do so because to the best of my knowledge they are professional and successful service providers. You are still required to do all due diligence to protect yourself and your business. If you enter into an agreement with a third party as a result of my recommendation it is still your responsibility to understand and negotiate your own agreement with them.
10. Limitation of Liability
10.1 You agree that the total aggregate liability to me for any claim by you in respect of any service I provide to you is limited to the amount actually paid by you to me.
10.2 To the fullest extent permissible by law, and without limiting the application of Australian Consumer Law, in the event of any fault in the services, my liability will be limited at our choice to:
a) the supplying of the services again;
b) the repair of any fault in the services caused by me
10.3 This limitation of liability applies to the fullest extent permitted by law, and survives any termination or expiration of this agreement, or your use of my services.
11.1 Privacy – Any personal information collected by me in the course of providing services will only be used to provide services to you and for no other purpose.
11.2 Relationship – I am providing services to you as an independent contractor and nothing in this agreement should be interpreted to suggest otherwise.
11.3 Assignment – The program is personal to you and cannot be assigned to any other person.
11.4 No Waiver – Any time or other indulgence granted by me will not in any way amount to a waiver of any of my rights or remedies under this agreement.
11.5 Governing law – This agreement is governed by the laws of Victoria, Australia, and you agree to be subject to the jurisdiction of the courts of Victoria, Australia if there was a serious dispute between you and me.
11.6 Severability – If for some reason a clause of this agreement turns out to be unenforceable, the rest of this agreement will continue unaffected and that term will be severed.
11.7 Entire agreement – Whatever ends up in this document or the attached Scope of Work is the agreement between us and anything else discussed beforehand or afterward is not part of the agreement or fees charged unless it was included.