Coaching Agreement, Terms and Conditions
Effective Date: 31 July, 2018
This website and all of the information on it and services provided through it is owned by AEZ Media. (“AEZ Media”, “Andrew Ethan Zeng”, “we” and “our” and “us”). If you do not wish to be bound by our terms, policies and disclaimers, you can always leave the Site immediately and never return.
Please take the time to read this. You’ll get more out of your coaching session and it’s important we are on the same page when working together as the Company (AEZ MEDIA PTY LTD.), Coach (me) and Client (you).
Coach and Company, is not an employee, agent, lawyer, doctor, manager, therapist, psychotherapist, pubic relations or business manager, registered dietician, financial analyst or accountant. Client understands that Coach and Company has not promised, shall not be obligated to and will not; (1) procure or attempt to procure employment or business or sales for Client (2) perform any business management functions including but not limited to, legal advice, accounting, tax or investment consulting, or advice with regard thereto; (3) act as a therapist providing psychoanalysis, psychological counseling or behavioural therapy; (4) act as a public relations manager (5) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for Client; (6) introduce Client to Coach full network of contacts, media partners or business partners. Client understands that a relationship does not exist between the parties after the conclusion of this program. If the Parties continue their relationship, a separate agreement will be entered into.
*Your Coach will support you in achieving your own results and desired outcomes
*You are responsible for the cause of all change in your life
*Your Coach will work with you to identify solutions and offer suggestions, options and advise based on their own personal experience, training and the information appropriate
*You accept full responsibility for all decisions and courses of action
*You as Client, by booking in a call with the Coach (me) agree and acknowledge that the Coach is not a licensed investment advisor, real estate agent, accountant, finance, health or legal professional.
*You are responsible for attending the call in a punctual manner no later than 10 minutes within the allocated time.
Your Coach will not divulge that you are in a coaching relationship without your express consent. You, of course are free to discuss the coaching relationship with anyone at anytime.The Company and Coach respects Client’s privacy and insists that Client respects the Company’s and Program Participants (herein referred to as “Participants”). Thus, consider this a mutual non-disclosure agreement. Any Confidential Information shared by Program participants or any representative of the Company is confidential, Proprietary, and belongs solely and exclusively to the Participant who discloses it. Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, on the forum or otherwise. Client agrees not to use such confidential information in any manner other than in discussion with other Participants during Program. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. Client agrees not to violate the Company’s publicity or privacy rights. Furthermore Client will NOT reveal any information to a third party obtained in connection with this Agreement or Company’s direct or indirect dealings with Client including but not limited to; names, email addresses, third-party company titles or positions, phone numbers or addresses. Further, by purchasing this Program you agree that if you violate or display any likelihood of violating this session the Company and/or the other Program participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations. Confidential Information does not include information that: (a) was in the Coach’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 Coach from a third party, without breach of any obligation to the Client; (d) is independently developed by the Coach without use of or reference to the Client’s confidential information; or (e) the Coach is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to the Coach and as a result of such disclosure the Coach reasonably believes there to be an imminent or likely risk of danger or harm to the Client or others; and (g) involves illegal activity. The Client also acknowledges his or her continuing obligation to raise any confidentiality questions or concerns with the Coach in a timely manner.
By accepting the terms of this Agreement and affirmatively seeking the benefits of membership in the Program offered by Coach, Client affirmatively agree and acknowledge that Coach may at any time reproduce and/or disseminate any testimonial(s) describing or otherwise referencing, either directly or indirectly, Client experience participating in such Program, including any specific results experienced by Client over the course of such participation. Client agree and acknowledge that this includes any written statements you may publish to social media accounts and online forums as well as any statements and/or images captured or otherwise recorded over the course of attendance at any event(s) related to such Program. You further represent that any such statements or testimonials that you make shall be correct, accurate, and truthful.
NO TRANSFER OF INTELLECTUAL PROPERTY
Program is copyrighted and original materials that have been provided to Client are for Client’s individual use only and a single-user license. Client is not authorized to use any of Company’s intellectual property for Client’s business purposes. All intellectual property, including Company’s copyrighted program and/or course materials, shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied. By purchasing this Program, Client agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any Confidential Information shared by the Company is confidential and proprietary, and belongs solely and exclusively to the Company, (3) Client agrees not to disclose such information to any other person or use it in any manner other than in discussion with the Company. Further, by purchasing this Program, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
RECORD RETENTION RATE
The Client acknowledges that the Coach has disclosed his/her record retention policy with respect to documents, information and data acquired or shared during the term of the Coach-Client relationship. Such records will be maintained by the Coach in a format of the Coach’s choice (print or digital/electronic) for a period of not less than 2 years.
All Coaching Sessions are scheduled in advance by direct agreement between you and your Coach. If for any reason you cannot attend a scheduled Coaching Session you are fully responsible for informing your Coach and arranging an appointment at least 78 hours in advance, otherwise the session will be deemed forfeit. You are responsible for rescheduling via Skype, email or contact (and receive reply) via email.
Some programs may require sessions to be broken into several sessions across a certain time period and rescheduled accordingly. The Coach reserves the right to change, modify or cancel any programs as considered necessary. Any such change will be made in consultation with the Client.
If a call has been rescheduled due to your failure to attend at the allocated time and you fail to appear for the rescheduled call, the session will be deemed a forfeit. In this case, a refund or partial refund is up to the discretion of your Coach. If the Coach deems appropriate, no refund will be offered as the Coach may be entitled to compensation for time spent preparing, rescheduling and strategising ahead of the session itself.
Tasks are assigned to assist in accelerating your change and the achievement of your desired results.
FREE EXTRA TIME
There is no extra charge for overtime on these coaching calls or messaging post-call, whether to discuss an issue or concern or share something great! Your Coach provides this free additional service to give your superior value and results.
FREE EMAIL ACCESS
Your Coach is available during the week via email or Instagram DM’s to share wins, seek clarity on actions or review minor issues. Again, there is no charge for any of the brief “catch up correspondence”.
TERMS & CONDITIONS
We conduct our services in accordance with, and you have the rights as provided by, the Australian Consumer Law (“the law”). Under the law, we are not required to provide a refund for a change of mind.
If you wish to cancel the agreement and payments within 72 hours of the initial call booking, you may do so for a full 100% refund of any monies paid less the cost of any products delivered. This refund is only available if services have not commenced in any way rendering any refund void.
Notice of cancellation
All notice of cancellation within 72 hours of the initial call booking must be in writing and delivered by mail or email to [email protected]. Cancellation notice will be deemed on the date in which the cancellation is received by the Coach. No refunds, credits or transfers available for no-shows.
Terms of Coaching
The Coaching Programs are created and sold as whole packages and cannot be altered or partially completed in any way. If you are enrolled in continuing Coaching for a number of sessions, unused sessions due to quitting the program may not be eligible for refund, credit or transfer.
If any instalment payment should default, the Client will have seven (7) days to rectify the situation. Any schedules coaching session(s) will be postponed until payment is received within the 7 days, all discounts and bonuses will be forfeited and full payment will apply. If a Client should default on any instalment payment, the result may be cancellation from the Program and the Cancellation Policy will apply. An N.S.F. or credit card decline will result in penalty from our payment processing company in cases of payment default.
The Coach reserves the right to change, modify or cancel any programs as considered necessary. Any such change will be made in consultation with the Client.
Mutual Agreement Cancellation
During or before the coaching call, if the Client or Coach believe the Coaching Sessions and agreement are no longer serving the needs of the Client they may initiate a discussion to rectify the situation prior to cancelling the Program or Sessions. If the services have commenced in any way, shape or form, this will render any cancellation or refund void.
Intellectual Property & Privacy
All material relating to the Program is subject to copyright and other intellectual property rights. All materials may not be recorded, used or reproduced without the written permission of the owner. All calls are recorded unless the Client requests otherwise.
Client agrees they used Company’s and Coach services at their own risk and that Program is only an educational service being provided. Client releases Company, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, Instructors, guides, staff, Participants, and related entities any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releases”) from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs. Client accepts any and all risks, foreseeable or unforeseeable. Client agrees that Company and Coach will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrollment in the Program. Company assumes no responsibility for errors or omissions that may appear in any of the program materials. The Coach makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the coaching services negotiated, agreed upon and rendered. In no event shall the Coach be liable to the Client for any indirect, consequential or special damages. The Coach’s entire liability under this Agreement, and the Client’s exclusive remedy, shall be limited to the amount actually paid by the Client to the Coach under this Agreement for all coaching services rendered through and including the termination date. You understand at the fullest extent permissible by law, Coach and Company will not be held responsible for any form of damages or any legal claims against it and through any of the services or products purchased through Coach and/or Company.
You understand that all action taken is performed voluntarily and is your own responsibility. Clients should seek independent professional advice before undertaking any physical, business or investment actions.
You hereby indemnify to the fullest extent AEZ MEDIA PTY LTD from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.
You understand that all action taken is performed voluntarily and is your own responsibility. You should seek independent professional advice before undertaking any physical, business or investment actions. You understand that all action taken is performed voluntarily and is your own responsibility. Clients should seek independent professional advice before undertaking any physical, business or investment actions. Client shall defend, indemnify, and hold harmless Coach and Company, Company’s officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Coach and Company, or any of its shareholders, trustees, affiliates or successors. Client shall defend Coach and Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Client recognizes and agrees that all of the Coach and Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company. In consideration of and as part of my payment for the right to participate in Company’s Programs, the undersigned, my heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge Company and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, and assigns and any of the training instructors, guides, staff or students taking part in the training in any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releases”) of and from all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs.
By entering into a Coaching Agreement either through booking a coaching call or paying any amount to your Coach, you agree to abide by the terms and conditions as set out above.
Client agrees to not publicly or privately make any negative or critical comments about the Coach, Company, Program, Services, Coach’s business or contractors or to communicate with any other individual, company or entity in a way that disparages the Coach, Company, Program, Services, Coach’s business or contractors, or harms the reputation of the foregoing in any way, including on social media at any time. As a part of the legal process, of course, Client is not prohibited from publicly sharing your thoughts and opinions.
It should be made clear, we make NO GUARANTEES about any success that you’ll get from our Site or our products and services. We will do everything for you to succeed, but we make no guarantees.
By engaging with our site, products or programs, you understand that Andrew Ethan Zeng makes no guarantees whatsoever regarding any result based on action or inaction relating to your life or business based on the information we share, products or services we sell through the Site. Ultimately, we will not be accountable or make any promises for what will happen in your life and business. This includes working with us as a client before and had certain results, we make no guarantee that will happen again. Again, we make NO GUARANTEES about any success that you’ll get from our Site or our products and services.
Qualifications & This Is Not Professional Advice
Andrew Ethan Zeng holds the following qualifications and does not represent or warrant that she has any professional qualifications outside of what is listed below:
Bachelor of Media & Communications
The information on this website, while provided by a successful entrepreneur, is not tailored to you specifically or to your business. As such, the advice on the website is not professional advice. Andrew Ethan Zeng has developed many pieces of content and anything shared on the Site comes from a place of support. However, Andrew Ethan Zeng does not represent or warrant to be an expert or professional with professional designations and makes no guarantees regarding any specific success from working with him.
In this light, you understand you cannot hold us liable in any way for any actions you take or do not take based on our content on this website, products or services. You are welcomed to use the resource from this Site for ideas and information, but act or do not act on it only if you want. Hire a professional or seek professional advice if you are making important decisions for your life and business but understand you can’t hold us responsible for how you interact with the information on our website.
Releasing AEZ MEDIA PTY LTD and Andrew Zeng of Liability
AEZ MEDIA PTY LTD and Andrew Zeng will not be liable for any actions you do or not take based on the information on the Site and the products or services sold through the Site. Company and Coach will not be liable for any damages based on your participation of using the Site or through anything you have purchased through the Site.
You understand at the fullest extent permissible by law, AEZ MEDIA PTY LTD and Andrew Zeng will not be held responsible for any form of damages or any legal claims against it based out of your use of the Site and through any of the services or products purchased through the Site.