ADHD Partners
TERMS OF SERVICE AGREEMENT
Updated April 2024
Service Agreement
AGREEMENT
1. This Coaching Agreement (“Agreement”) is entered into by and between you (“you” / “your”) and Geoffrey Gawler, Associate Coach of ADHD Partners, ABN 77 220 530 123 (“we” / “us” / “our”) (collectively, “Parties”).
2. This Agreement is entered into and is made effective as of the date you accept the Terms Link with Pinch or submit your name in the form below, and will remain in effect until it is terminated in writing by either party, giving no less than five (5) days’ notice in writing, except where either party has breached the terms of this Agreement, whereupon the agreement may be terminated with written notice by either party with immediate effect.
3. This Agreement will be governed and construed in accordance with the laws of the State of Western Australia, and all claims relating to or arising out of this Agreement, or the breach thereof, whether sounding in contract, tort or otherwise, will likewise be governed by the laws of the State of Western Australia. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of the State of Western Australia, Australia, including, for the avoidance of doubt, the Federal Court of Australia sitting in the State of Western Australia.
4. The failure of any Party to insist upon strict compliance with any of the terms, covenants, duties, agreements or conditions set forth in this Agreement, or to exercise any right or remedy arising from a breach thereof, will not be deemed to constitute waiver of any such terms, covenants, duties, agreements or conditions, or any breach thereof.
5. All provisions that logically ought to survive the termination of this Agreement, including but not limited to clauses 3, 4, 19, 21, 22 and 23, will survive the expiration or termination of this Agreement.
6. The parties agree that the information provided in the “Explanatory Statements” and “The Client – Coach relationship” sections of this page are incorporated into this Agreement.
7. The parties agree that facsimile signatures and e-signatures carry the same weight and effect as traditional paper documents and handwritten signatures; therefore, this Agreement may be electronically signed or authorised.
TERMINATION OF SERVICE
8. You may withdraw your participation from the coaching process at any time with immediate effect.
INVOICING, PAYMENTS & REFUNDS
9. An invoice will be sent via email, in advance, for the agreed upon period and number of coaching sessions. You agree to pay our invoice on the invoice due date via a direct debit agreement with Pinch Payments. You may request to discontinue the direct debit agreement in writing at any time via email or via your Pinch Payments Customer Portal (See Pinch Payment’s Privacy Policy for further details).
10. If you pre-pay for sessions which are not used because they are cancelled in accordance with the terms of this agreement, we will endeavour to refund you. If we require your bank account details to issue your refund, we will notify you via email at the email address you have provided us. If you fail to respond via reply email or to provide us with the information required to issue your refund within three months of our initial attempt to contact you regarding your refund, any funds owed to you will be forfeited by you.
11. Prices are subject to change. Payment of any invoice will act as your acceptance of any variation to the fee schedule.
APPOINTMENTS & CANCELLATIONS
12. Should either Party need to reschedule or cancel a coaching session, the Parties agree to give each other as much notice as possible.
13. We may cancel a session for either emergency or illness. In such event, we will provide you with as much notice as is reasonably practicable and will endeavour to reschedule the session to a time that is convenient for you.
14. Appointments cancelled by you with less than 48 hours’ notice will result in the full appointment fee being charged as a late cancellation fee unless the appointment can be rescheduled to a time and date of mutual convenience that is prior to your next scheduled appointment.
15. You may not reschedule the same appointment with less than 48 hours’ notice more than once.
16. Appointments are subject to coach availability.
17. If you are running late for an appointment, we ask that you notify us by email as soon as possible. If you do not notify us that you are running late and your estimated arrival time, your coach will wait for your arrival for no more than 15 minutes from the scheduled appointment time, after which the appointment will be considered a 'no show' and the full appointment fee will be charged as a late cancellation fee.
18. Coaching may be conducted by phone, video, in person, or as otherwise agreed by both parties.
CONTACT DETAILS & COMMUNICATIONS
19. You agree to advise us within 5 business days if your contact details change.
20. All notices and other communications required or permitted under this Agreement will be in writing and will be deemed delivered when sent by e-mail to the previously notified e-mail address of the receiving Party.
VARIATION OF TERMS
21. We may amend these terms and conditions of this agreement on written notice to you. Such amendments will have effect not less than five (5) days following the date on which we issue our notice to you.
INTELLECTUAL PROPERTY
22. All right, titles and interests and all Intellectual Property and all concepts, systems, written, graphic and other materials provided by us to you in connection with our delivery of coaching and consulting services to you will at all times remain our property. You must not use, copy or adapt any of the material we provide you (other than as part of your participation), or incorporate the same into any other work, without our express prior written consent.
LIMITATION OF LIABILITY
23. You indemnify us against any Liabilities we may suffer or incur (including in connection with a third-party claim brought or threatened against us), which arise in connection with:
(i) the use or attempted use (including fraudulent use) of the Services by any person;
(ii) any loss or damage caused by your acts or omissions; and
(iii) your breach of this Agreement.
DISPUTE RESOLUTION
24. We agree to use all reasonable endeavours to settle expeditiously, by negotiation in good faith, any dispute in relation to this document before instituting legal proceedings. If either Party notifies the other Party that a dispute has arisen under or relating to this Agreement, then within 10 days of that notification being given:
(i) the Parties may each appoint a representative to meet and discuss the dispute on their behalf; and
(ii) the Parties or their appointed representatives must ensure that they or their representatives meet and use all reasonable endeavours, acting in good faith, to negotiate an agreement on the dispute.
If a dispute is not resolved within the 10 days period, then either Party may institute legal proceedings without further notice.
The Client – Coach relationship
As a client…
1. I understand that “coaching” is a Professional-Client relationship I have with my Coach that is designed to facilitate the creation/development of personal goals and to develop and carry out a strategy/plan for achieving those goals.
2. I understand and agree that I am fully responsible for my physical, mental, and emotional well-being during my coaching sessions, including my choices and decisions. I am aware that I can choose to discontinue the service or the session at any time.
3. I understand that coaching is a comprehensive process that may involve all areas of my life, including work, finances, health, relationships, education, and recreation. I acknowledge that deciding how to handle
Client Coaching Log
As part of my commitment to being the best professional coach that I can be for my clients, I am pursuing education and credentialing from the ADD Coach Academy (ADDCA) and higher coach credentialing organizations. These may include the International Coaching Federation (ICF), the Professional Association for ADHD Coaches (PAAC) and the Association for Coaching.
One requirement to earn these credentials and accreditations is that I keep a client coaching log, as evidence of my client coaching hours. The log only lists the client’s first name, first initial of their surname, email address and the number of hours coached. I am requesting your permission to include our sessions on my client coaching log. You may be contacted and asked to confirm that the details I have recorded are accurate.
these issues, incorporate coaching into those areas, and implement my choices, is exclusively my responsibility.
4. I understand that coaching does not involve the diagnosis or treatment of mental disorders. I understand that coaching is not a substitute for counseling, psychotherapy, psychoanalysis, mental health care or substance abuse treatment and I will not use it in place of any form of diagnosis, treatment, or therapy.
5. I understand that information will be held as confidential unless I state otherwise, in writing, except as required by law.
6. I understand that certain topics may be anonymously and hypothetically shared with other coaching professionals for training or consultation purposes.
7. I understand that coaching is not to be used as a substitute for professional advice by legal, medical, financial, business, spiritual or other qualified professionals. I will seek independent professional guidance for legal, medical, financial, business, spiritual or other matters.
8. I understand that all decisions in these areas are exclusively mine and I acknowledge that my decisions and my actions regarding them are my sole responsibility.
Explanatory Statements
Session Recordings
I use Otter.ai for audio recording and AI transcription of appointments as an executive function support for both myself and my clients. Otter.ai provides a live transcript and summary appointment notes with action items.
You can review the Otter.ai Privacy Policy and Terms of Service here.
Most often recordings are used solely by clients for their own reference and reflection. No recordings will be used for any other purpose unless otherwise agreed by us, with your express written consent.
Testimonials
As a matter of routine we ask our clients if they would be willing to provide a testimonial about our services.
In order to save additional paperwork later, we ask in advance for your permission to use any testimonial you may provide in future.
Authorising use of a testimonial you may provide in future, places no obligation on you to provide one.