TERMS AND CONDITIONS
THIS AGREEMENT is made between You and Heath Myers Enterprises Pty Ltd t/as Agent of Change Coaching and Consulting (operating also as SoulCreationsMembers.Earth and SoulCreations.Earth) ACN# 626187620 of 7 Arthur St Smeaton Victoria 3364 (AOC) and governs your use of the resources that are provided to you as part of the Coaching Services.
- Definitions and Interpretation
In this agreement the following definitions apply, except where the context otherwise requires:
Business Day means a day that is not a Saturday, a Sunday, or a public holiday in the principal place of business of a party.
Coaching Services means the provision of personal coaching services, trainings, resources and pre-recorded materials by the Founder as part of your participation in the Program including the benefits set out in paragraph 2 of this Agreement.
Commencement Date means the date on which you register for the Program.
Fee means the fee payable for the Coaching Services as agreed and invoiced accordingly.
Founder means Heath Myers.
Intellectual Property Rights means any and all intellectual and commercial property rights throughout the world including, without limitation, copyright, the Trade Marks and any other trade marks whether registered or unregistered, designs, patents, the right to keep confidential information confidential, know-how and trade secrets, whether or not now existing and whether or not registered or registrable and includes applications for and any right to apply for registration of such rights and includes all renewals and extensions.
Materials means the audio, video, written and printed materials provided by AOC to you to as part of the Coaching Services which will either be handed to in person to You, made accessible online to download or be sent to you via email.
Program means all Live, In-Person and Online Coaching Courses/Packages provided by AOC.
Membership Time Period means the time period of membership from the Commencement Date during which you will be entitled to claim the benefit of the Coaching Services unless otherwise agreed between us
Trade Marks means all registered and unregistered trade marks of in the name of Heath Myers and AOC and any other marks used by Heath Myers and AOC from time to time.
- Coaching Services & Programs
2.1 The Coaching Services offered by AOC include the following (unless stipulated otherwise) as indicated per service negotiated and invoiced for or stipulated in the enrolment process
2.2 The Coaching Services
- Align With Destiny Level 1
- 16-Week Online Program
- Sacred Evolution Container
- Business, Evolution and Leadership Mastermind
- 2 Hr+ LIVE Online Group Quantum Coaching Webinars
- Delivered Fortnightly Tuesdays @ 7pm AEDT for 16 Weeks.
- Private Facebook Support Group, Mastermind and Coaching
- Energetic Upgrades in the Background
- 10 x Pre-Recorded Modules - Activations & Trainings, Preparation Activities & Homeplay on SoulCreationsMembers.Earth Membership Portal
- Lifetime Access to all Align With Destiny™ Level 1 Online Members Portal Resources.
- Lifetime Access to Inner Essence Peak State Practice™ Embodiment and Meditation Program.
- 16 Weeks Access to Mastery Matrix™ Resources
- What AOC does and does not do
3.1 AOC will provide high quality, professional Coaching Services to you within the agreed Membership Time Period and in accordance with the agreed Coaching Services & Programs
3.2 AOC will use its best efforts to provide the Coaching Services at the agreed times. You understand that when the Coaching Services are provided by the Founder in-person there may be times when the Founder is unexpectedly unable to meet appointments or training schedules.
3.3 AOC will use its reasonable efforts to support you within the terms of the program offered. The benefits you obtain under this agreement will depend on your engagement with the Program and your continued application of the principles and techniques you learn.
3.4 AOC does not make any specific promises about the results you will achieve, including the growth of your business or finances.
3.5 AOC warrants that the Founder is a:
(a) Qualified Trainer and Assessor, Leadership Facilitator, Business Coach, Master Results Coach, Master NLP (Neuro-Linguistic Programming) Practitioner, Hypnotherapist, Holistic Health Practitioner and trained martial artist and is capable of providing the Coaching Services; and
(b) Member of the International Institute for Complimentary Therapists (IICT)
4.1 As part of the Coaching Services, AOC will provide you with access to online and downloadable Materials. Access to these materials will be in accordance with the agreed Coaching Services & Programs.
4.2 You agree that all Intellectual Property Rights in the Program, Materials, Trademarks and the various components of the Coaching Services provided to you are owned by Heath Myers Enterprises Pty Ltd and AOC.
4.3 For the purposes of clause 4.1, AOC gives you a non-exclusive licence to use the Materials for your own personal use. For the avoidance of doubt, you have no authority to reproduce or authorise the reproduction by a third party, in whole or in part, of any of the Materials.
5. Fees andPayment
5.1 You agree to pay any negotiated AOC Fees in full either as an upfront payment or in accordance with the payment plan schedule you have committed to through the enrolment process and as stipulated clearly on your invoice.
5.2 The Fee, or any part of it, is only refundable strictly under the following terms:
Align With Destiny™ Money Back Guarantee:
If you complete ALL the training modules and associated resources fully, attend ALL live coaching webinars and coaching sessions, engage and post regularly in the Facebook Group, and implement ALL the strategies, assigned actions, practices and processes within the agreed time period of the program and you are still not 100% satisfied, we will refund your investment and you can keep the resources as a gift.
Please note: Any and all payments and deposits placed on the program are non-refundable outside of these Terms.
5.3 By entering this agreement, you have agreed to receive all of the Coaching Services & Program.
If you decide not to take the benefit of all of the Coaching Services or cease participation in the Program, for whatever reason, you agree to pay the full Fee in its entirety unless otherwise agreed in writing with AOC.
5.4 The Fee must be paid using one of AOC’s approved payment methods, at AOC’s discretion, which may include the following payment processing providers - Stripe, Chargebee, PayPal and Ezidebit
5.5 With any payments to AOC for the Coaching Services & Program, AOC’s payment agent will issue a receipt for each payment on the day of the payment/s.
5.6 If you stop paying the Fee, for any reason, your ability to access the Coaching Services & Programs may be terminated in accordance with clause 7 or suspended until all outstanding amounts are paid.
If the issue of settling any outstanding payments is not sufficiently remedied through the authorised payment channel or by amicable negotiation with AOC, AOC may pursue legal assistance and may also engage a debt recovery agency of AOC’s choice to recover the outstanding amounts.
6. What You agree to do
6.1 You agree to:
(a) participate in and be present for all aspects of the Program and the Coaching Services provided to you, where reasonably possible;
(b) stay engaged with the process provided under the Coaching Services & Programs and be responsible for utilising your resources, and attending your coaching engagements with AOC, and maintain contact with AOC in your assigned Facebook Group;
(c) to the best of your ability, actively apply yourself in all activities and techniques given to you including all actions, tasks, activities and home-play set within the Program;
(d) be honest with yourself, have fun and complete all tasks which are given to you by AOC when providing the Coaching Services;
(e) hold yourself fully accountable for achieving your desired results and meeting your own expectations from receiving the Coaching Services;
(f) put the learning, insights and techniques you have been taught by AOC into responsible actions for yourself;
(g) ask for help if needed; and
(h) attend any personal appointments and meetings set with AOC during the Membership Time Period.
6.2 You must not:
(a) use any of the Materials other than for your own personal use;
(b) copy, reproduce or distribute any of the Materials without AOC’s prior written consent;
(c) train, employ or otherwise engage anyone else to deliver the Program;
(d) permit anyone else to use or reproduce, in part or in whole, the Materials;
(e) share your log in details with any third person or permit anyone else to access the Program or Materials via your account;
(f) do anything that would adversely affect AOC’s image and reputation in the Program;
(g) alter, obliterate or in any way tamper with the Trade Marks as they appear on the Materials.
6.3 You agree that while participation in the Program can be fun and motivational, the processes may be personally challenging and that there may be occasions on which you feel emotional or tired after participating in a particular part of the Program.
7.1 This agreement commences on the Commencement Date / Date of Enrolment and unless terminated in accordance with clauses 7.2 or 7.3, will continue until the expiry of the Membership Time Period in accordance with your Commencement Date / Date of Enrolment.
7.2 AOC may terminate this agreement immediately by written notice to the other party:
(a) if that other party breaches a material term of this agreement and fails to remedy the breach within 14 Business Days after being given notice of the breach;
(b) if that other party breaches a material term of this agreement which is not capable of remedy; or
(c) the other party cannot pay its debts when they fall due or has entered into any form of insolvency, liquidation or external administration, whether voluntary or involuntary, formal or otherwise.
7.3 AOC may terminate this agreement without cause on 14 days’ written notice to you.
If this occurs, AOC will refund any part of the Fee that has been paid for Coaching Services & Programs not yet provided less the cost of any specific program materials and features already provided.
You agree, if necessary, to pay for the Coaching Services & Programs and Membership already provided and for any events you participate in.
8.1 Any times set for 1-on-1 coaching sessions or other appointments may be changed by either party giving at least one (1) hours’ notice to the other party.
8.2 A session or appointment time will not be confirmed as changed until you receive confirmation from AOC to this effect.
8.3 If you do not attend your one-on-one session or appointment and you did not get the confirmation of change referred to in clause 8.2, AOC may charge a cancellation fee of up to $150 including GST. AOC will compassionately take into account the reason for your non-attendance when deciding whether or not to charge a cancellation fee.
- Health and personal risk
9.1 You must notify AOC of any physical, emotional, mental or medical issues that you have, or any specific medical instructions you have received from a health practitioner, or of any medication that you take which may impact upon your health, wellbeing or enjoyment of participating in the Program.
9.2 The Inner Essence™ practices which form part of the Coaching Services & Programs provided, may involve known and unanticipated risks that could result in physical or emotional injury. You are responsible for your own physical health and must be aware of your own capabilities. You must only engage in exercises or activities to the extent to which you consider they are safe and reasonable for you.
10.1 Except as expressly set out in this agreement, and subject to any guarantees, warranties, terms or conditions that by law may not be excluded, all guarantees, warranties, terms and conditions implied by law or otherwise relating to the Coaching Services provided by AOC under this agreement are excluded.
10.2 To the extent permitted by law, AOC, its directors, agents, employees or contractors, will not be liable for any special, indirect or consequential loss or damage (including personal injury), loss of profit or opportunity arising out of or in connection with the provision of the Coaching Services & Programs whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
10.3 AOC’s liability will be capped at the Fee.
11.1 A notice given under this agreement must be in writing and sent to the recipient at the address specified at the beginning of this agreement. A notice is deemed to be received:
(a) if sent by hand, when delivered to the addressee;
(b) if by post, 5 Business Days from and including the date of postage, on delivery to the addressee; or
(c) if by facsimile transmission, on receipt by the sender of an acknowledgement or transmission report generated by the machine from which the facsimile was sent; but if the delivery or receipt is on a day which is not a Business Day or is after 4:00pm (addressee’s time) it is deemed to be received at 9:00am on the following Business Day.
12.1 The following rules of interpretation apply unless the context requires otherwise:
(a) headings are for convenience only and do not affect interpretation;
(b) the singular includes the plural and conversely;
(c) a reference to a person includes a body corporate, an unincorporated body or other entity;
(d) where examples of a thing or set of things are given by reference to the word “including”, the meaning of references to the thing or set of things is not to be limited by reference to the examples.
12.2 This agreement is governed by the laws of Victoria Australia and the parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Victoria.
12.3 If part or all of any of this agreement is illegal or unenforceable it will be severed from this agreement and will not affect the continued operation of the remaining provisions of this agreement.
12.4 You may not assign or sublicense any of their rights under this agreement.
12.5 This agreement can only be amended, supplemented or waived in writing signed, by both parties. The failure of either party to enforce, or the delay by either party in enforcing, any of its rights shall not be deemed a continuing waiver or a modification of this agreement
12.6 This agreement contains the entire agreement of the parties with respect to its subject matter.