CLIENT AGREEMENT
Last updated: March 2024
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Natalie Coombe ("Consultant", “we,” “us,” or “our”) welcomes you.
This document outlines the agreement between Natalie Coombe ("Consultant") and yourself ("The Client"). By accessing the official Content (outlined below, including any tools, training resources, videos etc), or by joining any Facebook Group or community, or by participating in any sessions or events, you are doing so in agreement to these terms & conditions, as well as the Website Terms & Conditions.
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Client Responsibilities
1. The Client agrees to conduct themselves appropriately in any Group or one on one consulting. This includes:
a. providing information that is accurate, complete, and current at all times;
b. be respectful and non-judgemental;
c. hold everything that is shared by the Consultant, or in the case of group consulting by other members of the group, in complete confidence.
d. Adhere to any additional Group Rules as set out at the time.
e. No sharing or recreating of either the Content (defined below) or what they have learned through working with the Consultant to create a competing course or business offering.
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Breaches of these expectations may result in the Client being removed from the Service with no entitlement to a refund.
In order to receive the most value from the Programme the Client is expected to:
d. participate in all scheduled sessions;
e. complete required coursework as directed;
f. comply with the Community Guidelines of the Consultant’s website.
2. The Client agrees to communicate honestly, be open to feedback and assistance and create the time and energy to participate fully in consulting.
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3. During the course of this engagement the Client will need to access the Consultant’s website(s) and training platform and therefore will also need to comply with the Website Terms & Conditions
The Schedule:
If no explicit Schedule provided, deliverables are as specified in the latest written or online communications (eg. Sales Page) at the time of signing. If changes to online communications have changed since signing up, these may not form part of this Schedule. Please contact the Consultant for more information if required.
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Services:
The Consultant agrees to provide the services outlined in The Schedule.
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Fees and Payment:
This agreement commences on the date of signing. Payment is due on signing. Alternative payment terms may be offered at the Consultant’s discretion and set out in the Schedule.
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Payments made via our website are processed by either Stripe, Paypal, GoCardless and their global affiliates.
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Failure by the Client to make payment in full of any amount payable pursuant to this Agreement on the due date constitutes a default and, without prejudice to any other rights or remedies available to us, simple interest at our bank’s current overdraft rate will be payable upon demand and from the due date until payment.
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Repeated failure to pay ongoing payments on time will results in an additional admin fee, calculated at the time.
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The Client will indemnify the Consultant against all loss, costs and expenses, including legal costs on a solicitor/client basis, which the Consultant may suffer or incur as a result of any failure by the Client to make due and punctual payment.
The Client will pay any fees involved in collecting any outstanding debt.
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Where the client fails to attend any private consulting or group sessions with the Consultant, no refunds will be made.
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For ongoing or rolling engagements, the Consultant reserves to right to review pricing at regular intervals. The Consultant will provide the Client with minimum 30 days’ notice of any upcoming price increase.
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Consulting Session Procedure:
Where one on one or group consulting sessions are included in the Services:
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1. Any calls/meetings shall occur in accordance with the quantity and frequency outlined in The Schedule, or as agreed between the parties.
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2. The time of the meetings will be determined by the Consultant and scheduled using an online scheduling system.
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3. If the Consultant will be at any other number for a scheduled call the Client will be notified prior to the scheduled appointment time.
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4. If meeting by phone, the Consultant will initiate all scheduled calls and will call the clients designated phone number or connect to calls at the appointed time.
Confidentiality:
The existence of this consulting relationship, as well as all information (documented or verbal) that the Client shares with the Consultant as part of this relationship, will be kept confidential. The Consultant agrees not to disclose any information pertaining to the Client that could be personally identifiable without the Client’s written consent.
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For the sake of clarity:
1. Your personal financial information is nobody else's business and it will not be disclosed to others unless you agree (eg. within a group coaching situation)
2. Results, testimonials or feedback may be shared anonymously on social media or marketing material. No content will be shared in a way that the Client can be identified, unless the Client gives prior agreement.
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Confidential information does not include information that: (a) was in the Consultant’s possession prior to its being furnished by the Client; (b) is generally known to the public or in the Client’s industry; (c) is obtained by the Consultant from a third party, without breach of any obligation to the Client; (d) is independently developed by the Consultant without use of or reference to the Client’s confidential information; or (e) that the Consultant is required by law to disclose.
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The Client also agrees not to disclose any personal, operational, financial or any other business sensitive information shared either by The Consultant or any of their clients or other member of the Consultant’s groups, events or private communities.
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Failure by The Client to do so will result in immediate removal from the engagement, with no entitlement to a refund.
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Intellectual Property:
During the course of this engagement the Consultant may create, or share with the Client, material such as videos, documents, spreadsheets, coursework, lesson plans, training modules, photographs, software, text, graphics, images, sound recordings, formulas, techniques and methodologies as well as other material (collectively referred to as the “Content”). The Content may be owned by the Consultant or third parties. The Content is protected under New Zealand law. Unauthorised use of the Content may violate copyright, trade mark, and other laws.
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The Client may view, and where available, download onto their own machines any Content shared during the course of this engagement for their own personal, non-commercial use. Other than as expressly set forth in the previous sentence, the Client has no other rights in or to the Content, and the Client will not use the Content except as permitted under this Agreement. No other use of this Content is permitted without the prior written consent of the Consultant.
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The Consultant retains all right, title, and interest, including all intellectual property rights, in and to the Content. The Client must retain all copyright and other proprietary notices contained in the original Content. The Client may not share, sell, transfer, assign, license, sublicense, or modify the Content, or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.
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For the sake of clarity, you agree that you will not share, use or recreate all or parts of either the Content, or what you learn from me, to create a competing course or business offering, or to price up services for your own clients.
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If the Client violates any part of this Agreement, the Client’s permission to access and/or use the Content automatically terminates and the Client must immediately destroy any copies they have made, stored or shared of the Content. If this is not complied with, legal action may be taken.
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Limitation of Liability:
The Client is solely responsible for creating and implementing, decisions, choices, actions and results in their own business. For this reason, the Client acknowledges that the Consultant is not and will not be liable for any actions or inaction, or for any direct or indirect result of any services provided by the Consultant.
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The Consultant shall not be liable for any incidental, consequential, indirect or special damages, or for any loss of profits or business interruptions caused or alleged to have been caused by the performance or non-performance of the Services. The Consultant shall not be liable to the Client for any costs, damages or delays due to causes beyond its control, expressly including without limitation, unknown site characteristics; changes in policies, changes in terms of services.
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For the sake of clarity, YOU are responsible for the results you get. No results or outcome is guaranteed and the Consultant is not liable (ie. responsible) for any results or business or personal impact.
The Client agrees that, in the event the Consultant is determined to be liable for any such loss, the Client's sole remedy against the Consultant is limited to a refund of the pro-rata fees paid to The Consultant in connection with this agreement, for the three (3) months immediately prior to the events arising to the claim, less expenses paid to subcontractors or to third parties. The Consultant is not responsible for errors which result from faulty or incomplete information supplied to the Consultant by the Client. The Client also agrees to not seek damages in excess of the contractually agreed upon limitations directly or indirectly through suits by or against other parties.
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Disputes.
If a dispute arises out of this agreement that cannot be resolved by mutual consent, the Client and Consultant agree to attempt to negotiate in good faith for up to 30 days after notice given.
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The Parties agree that any dispute regarding this Agreement, and any claim made by Client for return of monies paid to the Consultant, shall be handled in accordance with applicable Governing Laws.
Cancellation Policy
1. If the Client wishes to cancel this Agreement they can do so at any time by giving written notice to the Consultant. Access to training material and group support will end upon the Consultant receiving written notice of cancellation. No fee refund will be offered.
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2. If the Consultant needs to cancel delivery of the Services the Consultant will have the option to either refund the Client the pro rata portion of the Services fee or book the Client into a replacement programme or service.
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3. In some circumstances it may be appropriate to terminate a private consulting programme. These circumstances include:
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a. the Client and the Consultant are not suited to working together, or the Consultant considers that it will not be beneficial to either party to continue.
b. the Consultant considers that the Services are not appropriate for the Client, and that the Client’s needs will not be met.
In these circumstances the Consultant will notify the Client of termination in writing and offer a refund for fees paid as appropriate.
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4. If a client fails to show up to booked sessions and is unable to complete the agreed work within a reasonable timeframe, no refund will be offered.
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5. If the Client cancels credit card payments, or in any way fails to pay the full amount owing, this Service is immediately terminated, and the Client’s permission to access and/or use the Content is automatically revoked. The Client must immediately destroy any copies they have made, stored or shared of the Content.
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The Consultant reserves the right to dispute such cancellation and to pursue the Client for fees owed to the Consultant for services already performed but unpaid by Client due to such credit card cancellation or payment failure. The Consultant will provide the Client with a final invoice within a reasonable time. Payment will be expected in full within 30 days from the date such invoice. If Client does not pay the final invoice within 30 days, the Consultant reserves the right to take legal steps to recover the debt. The client will be responsible for paying any reasonable fees incurred in the process of debt recovery.
No Guarantee.
The Consultant does not warrant or guarantee any specific level of performance or results, expressed or implied. Example of results obtained from other clients of the Consultant may be used as a marketing tool and shown to the Client for demonstrative purposes only and should not be construed by the Client as indicating any promised results or level of results.
Governing Law:
This Agreement shall be governed and construed in accordance with the laws of New Zealand.
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The Consultant’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
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This Business Consulting Agreement is the entire agreement of the parties and reflects a complete understanding of the parties with respect to the subject matter. This agreement supersedes all prior written and oral representations.
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Terms Update:
The terms and conditions of this Client Agreement may be updated at any time without prior notice. Please refer back to this Client Agreement from time to time to keep up to date with any changes.
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Acceptance of Terms & Conditions
To confirm your understanding and acceptance of our Terms & Conditions our preference is that you sign this Client Agreement and Schedule below and return a signed copy to the Consultant. This provides certainly to both parties. However, the Consultant will take the Client’s access of the Content (eg. tools, training resources or materials), joining of any Facebook Group or community, or participation in any Sessions or Events as acceptance of the Terms.
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Contact Us
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If you have any questions about these Terms, please contact us at Natalie @ NatalieCoombe.com
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