Client Agreement
This Agreement ("Agreement") is entered into between The Stylist Club ("Coach, " "We, " or "Us") and ("You" or "Client"). By signing or agreeing electronically, You agree to the terms outlined below.
Commencement Date and Term
This Agreement will commence on ("Start Date") and will remain in effect for a fixed term, ending on ("End Date"). Any deposits paid prior to the Start Date are acknowledged as part of the total program fee and secure your place in the program. All services and obligations under this Agreement are valid only within the stated term. After the End Date, unless otherwise agreed in writing, neither party shall have any ongoing liability or obligation to the other.
Overview
1.1. We will provide you with the Services as set out in the Agreement.
1.2. The Agreement between Us (the Coach) and You (the Client) is set out in these General
Terms and Conditions and the Agreement.
1.3. In the event of any inconsistency between the terms of this Agreement, the Agreement will prevail to the extent of the inconsistency.
1.4. The Agreement will start on the Commencement Date and continue for the Term.
1.5. You acknowledge and agree, subject to the nature of the Services being provided, additional special conditions may apply and such special conditions will be set out in the applicable Agreement.
1.6. You acknowledge and agree that You have understood the terms of this Agreement prior to signing the Agreement, and have sought professional and/or legal advice if You require clarification on any aspect of the Agreement.
1.7 You acknowledge that coaching is a professional relationship that does not involve the diagnosis or treatment of mental disorders as defined by the Australian Psychological Society or other mental health regulatory bodies. Coaching is not a substitute for counselling, psychotherapy, psychoanalysis, mental health care, or substance abuse treatment and should not be used in place of any form of diagnosis, treatment, or therapy. You agree to seek independent professional guidance for such matters.
1.8. You acknowledge that You are solely responsible for determining whether Our Services are appropriate for You.1.9. You acknowledge that your progress and results depend on your own commitment, motivation, and application. We do not guarantee any specific outcome from the Services, including financial or personal results.
Services
2.1 The scope of the Services includes individual or group coaching sessions, programs, or courses, which may be delivered online or in-person, as described at the time of purchase.
2.2 Services are accessible only during the term of this Agreement and expire upon the End Date, unless otherwise agreed in writing.
Fees and Payment Terms
3.1. You will pay us the Fees:
a. on the relevant Payment Dates as set out in the Agreement and Tax Invoice;
b. by electronic funds to an account nominated by us or by another method nominated by us (this includes PayPal or cash).
3.2. The Fees will vary depending on the type of Service You select. These Fees are as outlined in the Agreement.
3.3. All prices displayed for the Services and Products are as advertised on the website.
3.4. If You do not pay us any portion of the Fees by the relevant Payment Dates:
a. Access to services including coaching calls and messaging support may be paused until payment is rectified.
b. We may charge You interest at the Interest Rate set out in the Agreement and You will pay us that interest within 14 days of us sending You a Tax Invoice; and
c. Where we recover any unpaid Fees through an external agency, You will pay us all legalcosts and collection agency costs involved in the recovery on a full indemnity basis.
3.5. All fees are non-refundable unless otherwise stated.
3.6. The payment plan is a commitment to the entire term. You understand and agree that even if You choose to withdraw from the Services early, You remain responsible for completing all scheduled payments.
Refunds and Cancellations
4.1. You will be entitled to a refund where an accidental duplication of a payment of Services has occurred, regardless of which party is at fault.4.2. We reserve the right to postpone or cancel the Services, or reschedule them at a mutually convenient time, for any reason. If the Services have been cancelled by Us and not rescheduled, We will refund the Fees paid for the cancelled portion of the Services.
4.3. A request to cancel must be approved via a coaching call with Us. Where You cancel the Services, You must notify Us via Our nominated email address 14 days prior to the cancellation date. No refunds are guaranteed and will be at Our discretion.
4.4. If You have cancelled the Services and provided the requisite notice, You have the option of suspending the Services for a maximum of 6 months.
4.5. If You request that the Services be rescheduled, and We are able to accommodate Your request, We will reschedule the Services accordingly and You will receive a credit for all Fees paid up to the rescheduled date.
Obligations
5.1. We will:
a. provide the Services to professional standards and in accordance with the Key Dates; and
b. comply with all Applicable Laws.
5.2. You will:
a. not use Our Services or any of their related Services for any illegal or immoral purpose;
b. provide accurate information to the best of Your knowledge;
c. communicate honestly, be open to feedback and suggestions, and fully engage with and devote Yourself to the coaching process;
d. ensure prompt attendance at the time scheduled for the Services;
e. be solely responsible for implementing the techniques discovered through the coaching process;
f. not obstruct or interfere with Us while the Services are being provided;
g. comply with any reasonable request by Us relating to the scope of the Agreement; and
h. comply with all Applicable Laws.
5.3. You agree that We will not be liable for any failure to perform the Services or Our Obligations to the extent it is caused by a failure by You to comply with your obligations under the Agreement.5.4. You agree that You will promptly provide Us with all the necessary client information and any other information reasonably requested by Us to perform the Services and/or meet Our Obligations.
5.5. If You or a Force Majeure Event prevent or delay Us from meeting Our Obligations then We may reschedule the Services, which shall not be deemed in breach of this Agreement.
5.6. Force Majeure means any circumstance beyond our reasonable control including but not limited to acts of God, natural disasters, war, epidemic, government restrictions, or power/internet outages.
5.7. In the unlikely event that We are unable to provide the Services for any reason, including but not limited to illness, injury, emergency, or other Force Majeure event, and We are unable to reschedule, You may terminate this Agreement and receive a refund of Fees paid for the portion of the Services not yet provided.
5.8. We acknowledge that there may be delays in updating information on Our services and products that are available through Our website. There may be instances where there are errors present in Our service and product descriptions. We cannot guarantee the accuracy of the entirety of the information found on Our website and do not make any commitment to updating the materials. Liability
6.1. To the fullest extent permitted by law, We make no guarantees or representations regarding the outcomes of the Services.
6.2. To the maximum extent permitted by law, We exclude all liability for any loss or damage suffered by You in connection with this Agreement or the Services. Our total liability under this Agreement is limited to the amount paid by You for the Services. Confidentiality and Privacy
7.1. We will collect, use, and store personal information in accordance with Our Privacy Policy.
7.2. We agree to keep all information shared by You during coaching sessions confidential and will not disclose it to third parties without Your written consent, except where required by law.
7.3. You grant Us the right to use your name, image, or testimonials for marketing purposes, unless you request otherwise in writing. Intellectual Property Rights
8.1. We retain sole ownership of all intellectual property rights (including Moral Rights) in Our services, programs, courses and materials, which are protected by copyright and may not beused by You without Our express written permission.
8.2. Original materials that have been provided to You are for Your individual use only under a single-use licence. You are not authorised to use any of Our intellectual property for Your business purposes.
8.3. You acknowledge that You do not have permission to modify, distribute, sell or recreate the services based on Our intellectual property. No licence to sell or distribute Our intellectual property is granted or implied.
8.4. You acknowledge that We may refer to You on Our website and social media channels for the sole purpose of recognition or professional advancement, however, none of Your sensitive or personal information will be disclosed or used for such purposes.
8.5. Any images or information received from Our services that are shared on social media platforms must be credited and linked back to Our website.
8.6. You will not infringe, misappropriate or violate a third party’s intellectual property rights, or privacy rights, or any other rights or result in the violation of any applicable law or regulation.
Termination
9.1. We may terminate the Agreement with immediate effect by giving You written notice if:
a. You do not pay the Fees by the Payment Dates;
b. You engage in conduct injurious or potentially harmful to Our reputation;
c. We suspect that You are using Our information or intellectual property for commercial purposes;
d. You disclose confidential information without Our consent;
e. We consider that mutual trust and/or confidence no longer exists;
f. You otherwise breach any undertaking, warranty or obligation under the Agreement;
g. We believe that Our Services are not appropriate for You;
h. We determine that We are no longer able to perform the Services for any reason.
Disputes
10.1. If there is any dispute or if You are not happy about the Services:
a. Please contact Us so that we can discuss and both parties will use their best efforts to resolve any dispute under, or in connection with the Agreement, through good faithnegotiations with the other party.
b. This Agreement is governed by the laws of Queensland, Australia. The parties agree to submit to the exclusive jurisdiction of the courts of Queensland, Australia for any disputes arising under or in connection with this Agreement
Electronic Communication & Consent
11.1 You consent to receive all communications, agreements, notices, and documents electronically and acknowledge that electronic signatures are legally binding.
Execution and Counterparts
12.1. The Agreement will become binding when signed electronically or via acceptance.
Acceptance
By clicking "Accept" , each party agrees to the terms of this Agreement and it becomes legally binding.