Terms of Service & Rules of Engagement

If you have received a proposal from Jonathan Creek or Virable PTY LTD, please find our terms of trade below*

 

*KEY TERMS 

• On acceptance of this proposal a $500 + GST Deposit will be required

• All dates for the length of agreed program will be forward booked (ie 6month program - all 6 dates forward booked)

• Client cancellations or postponements may be invoiced at 20% of the speaking fee + any incurred costs will be invoiced and payment required.

• Should the Covid-19 Alert Levels increase and make either party unable to hold the event in person due to these restrictions the event will be transferred to a Virtual 'live streamed" event in the first instance on the booked date.

• All fee payments are within 7 days of invoice.

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Full Terms Listed Below 

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Virable, Jonathan Creek  the "Trainer/Coach” 

Client listed in Proposal  the "Learner". 

The “Coach” shall perform the duties set out in the proposal attached to this agreement.  These duties may be modified and updated by the “Coach” from time to time following agreement with the Learner. 

 

Fixed Term Individual Service Contract

This Service Contract is an individual service contract entered into by the parties stated above. The parties agree that the term of the contract will be as stated in the proposal.The contract term may be extended with agreement by both parties for a further term or terms.

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The contract

The parties also confirm that the Learner has been advised by the Trainer/ Coach when discussing this agreement, the reasons for the contracted term ending at this time. 

 

Obligations of the Coach

The Coach shall:

 (i)     Act as a good Trainer/Coach in all dealings with the Learner

 (ii)    Deal with the Learner and any representative of the Learner in good faith in all aspects of the coaching relationship

(iii)    Provide a confidential forum to enable the learner to disclose all relevant information  

(iv)    Provide services in line with the communication outline in the proposal

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Obligations of the Learner

The Learner shall:

(i)     Facilitate a open and honest forum for discussion 

(ii).   Enter into the program with a focus on “high performance”

(ii)    Perform their agreed tasks and events with all reasonable skill and diligence

(iv)   Deal with the Coach in good faith in all aspects of the coaching relationship

(v)    Comply with all time lines and tasked events to the best of your ability

 

Contract Fee and/or Commission

The fee is set out in the proposal  Payment will be required 7 days after the invoice is generated unless by prior arrangement. A $500+ GST non refundable deposit may be invoiced at the time of acceptance and allocation of dates.  

Reimbursement of Expenses is outlined in the proposal

The Trainer/Coach shall be entitled to reimbursement by the Learner of all expenses reasonably and properly incurred by the Coach in the performance of their duties, provided the Coach produces appropriate receipts to the Learner when requesting reimbursement. 

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Reimbursement of Travel and Accommodation Expenses 

If outlined in the proposal The Trainer may be required to travel from time to time as part of their duties.  The Learner shall reimburse the Coach for their reasonable work related travel and accommodation costs (as included in the invoice) 

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Cancellation/Postponement 

The Learner understands that in moving forward with the agreement as outlined in the proposal, that they are committing to the term specified within the proposal. 

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Should a circumstance arise where the Learner needs to amend dates which have been booked it is with the understanding that a postponement/cancellation fee may be charged, this may be invoiced at 20% of the speaking fee + any incurred costs will be invoiced and payment required.

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This fee is at the sole discretion of the Trainer/Coach and may be charged to cover costs incurred prior to the event (travel bookings and expenses) and also administration time which has been allocated.

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Should the Covid-19 Alert Levels increase and make either party unable to hold the event in person due to these restrictions the event will be transferred to a Virtual video livestream event in the first instance on the booked date.

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Termination

The contract can be terminated in writing by either party at the end of the term. If the Learner decides to terminate the contract earlier than the agreed term, the remaining fees owing until the end of that term are due and payable. A review process will be completed prior to the end of the term to provide feedback to both parties. A further term or terms may be agreed by both parties in writing.

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Confidential Information

The Learner shall not, whether during the currency of this agreement or after its termination for whatever reason, use, disclose or distribute to any person or entity, otherwise than as necessary for the proper performance of their duties and responsibilities under this agreement, or as required by law, any confidential information, messages, data or trade secrets acquired by the Learner in the course of performing their services under this agreement.  This includes, but is not limited to, information about the Coaches business. 

 

Copyright and other Intellectual Property

All work produced for the Learner by the Coach under this agreement or otherwise and the right to the copyright and all other intellectual property in all such work is to be the sole property of the Coach. 

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Conflicts of Interest

The Coach agrees that there are no contracts, restrictions or other matters that have not been disclosed which would interfere with the Learners ability to discharge their obligations under this agreement.  If, while performing their duties and responsibilities under this agreement, the Coach becomes aware of any potential or actual conflict between their interests and those of the Learner, then the Coach shall immediately inform the Learner.  Where the Learner forms the view that such a conflict does or could exist, it may direct the Coach to take action(s) to resolve that conflict.  

 

Privacy Obligations

The Learner and the Coach shall comply with the obligations set out in the Australian Privacy Act 1988. 

The Coach must not breach the privacy of any customer or client in the course of their services. 

The Learner acknowledges that the Coach may and will work with other industry participants the same as the Learner.

 

Learner Acknowledgment

The Learner acknowledges that in acceptance of a proposal or the commencement of working with the coach/trainer :

 (i)   they have read and understood the terms of this agreement

 (ii)  understand the term of the agreement and the subsequent roll over terms

 (iii)  agree to pay invoices on or before due dates

 (iv)  agree to strive to be the best they can and reach the goals the learner sets

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