Coaching Agreement
Background
Finviva Pty Ltd helps individuals / couples optimize their household finances by bringing awareness to their relationship with money, identifying unhealthy money behaviours, guiding them to unite on financial matters, coaching practical money management skills, and providing basic financial knowledge to set a foundation for their future finances.
Parties
This agreement is made and entered into this date, by and between Finviva Pty Ltd, ABN 29684728649 (aka ‘Finviva’ or ‘the Coach’) and YOU, the Client and is legally binding.
Please read this document carefully and address any questions to:
Please take some time to read through the information below carefully. The purpose of this Agreement is to clarify the roles and expectations for our relationship moving forward so we can achieve the best outcome for you.
This Agreement supersedes and prevails over any prior agreement or understanding (if any) between you and Finviva.
While it is expected that this Agreement will be signed and returned by you, you are deemed to have read and accepted the Terms and Conditions contained in this Agreement upon receipt by you via email or through our website, AND by continuing to accept and engage the services provided by Finviva.
The Parties agree to the following terms and conditions:
1. SERVICES
Finviva provides the following services and programs:
1.1. Let It All Out – 1 hour session
Price: $350 +GST (single), $450 +GST (couple)
This session provides the time and space for the client(s) to go deep into details about their situation, so that it enables the Coach to pinpoint the exact challenges they are facing, whether it's emotional or knowledge related, guide them on resources and services that can help them move forward with clarity.
1.2. Unite & Align – 2 x 1.5 hours session
Price: $1190 +GST or 2 x instalments of $624.75 + GST, to be paid before each session (5% added to the upfront price to cover admin cost)
Topics covered:
- Each partner’s money story and beliefs and how they shaped their money behaviours and current financial situation
- Define shared values and goals, set ground rules and responsibilities to move forward as a team
1.3. Budgeting Breakthrough – 3 x 1-hour sessions
Price: $1190 +GST, or 3 x instalments of $396.67 +GST, to be paid before each session (5% added to the upfront price to cover admin cost)
Topics covered:
- Cash Flow Clarity
- Cash Flow Mastery
- Action Plan
1.4. Financially Flourishing Foundation – 10 to 12 x 1-hour sessions
Price: $1790 +GST (single family) or 5 x monthly membership of $375.90 +GST (5% added to the upfront price to cover admin cost)
$2690 +GST (coupled family) or 5 x monthly membership of $564.90 +GST (5% added to the upfront price to cover admin cost)
Topics covered:
- Money stories and beliefs
- Define shared values, goals, responsibilities
- Cash Flow Clarity
- Cash Flow Mastery
- Cash Flow Action Plan
- Basic investing & Superannuation knowledge
- Summary of progress / achievements and action plans beyond the end of the program
The detailed information of the above coaching sessions and packages can be found on our website.
1.5. Pre-Session Information
You understand and agree:
1.5.1. You might be required to undertake preparation work before your session.
1.5.2. Any personal information you provide by request to assist in your coaching outcome is managed according to our Privacy Policy. You can read our Privacy Policy in full on our website.
2. COACHING FEES
You understand and agree:
2.1. Individual Coaching Sessions and/or Coaching Packages
2.1.1 Coaching fees for all sessions and packages are listed above and on our website.
2.1.2 Payment is required before the session and will be requested at the time of booking your session or before each session, should instalment options is chosen.
2.1.3 Payment is accepted via credit card or bank transfer.
2.1.4 Bank transfer details are provided upon request or stated on your invoice.
2.2 Pricing
2.3.1 Pricing is valid for the term of the agreement.
2.3.2 Finviva is not under any obligation to maintain the same offer or pricing should you wish to extend the term of service.
2.3.3 All prices are stated in Australian Dollars, plus GST.
3. PAYMENT
You understand and agree:
Where a payment plan option was chosen, you agree to the following:
3.1. A 5% premium will apply to all payment plans or memberships.
3.2. Payments are made before the commencement of the next session, or by the due date for monthly membership.
3.3. Payments are pre-arranged online via a direct debit or credit card deduction from your nominated credit card.
4. SESSION BOOKINGS
4.1 Coaching sessions are booked online via finviva.com.au
4.2 Session times are generally available between 10am to 4pm
4.3 The coaching sessions’ calendar is updated in real-time to reflect availability each week.
Rescheduling
4.4 Rescheduling of sessions is permitted more than 24 hours before your booked session, via the provided booking link.
Cancellation or No Show
You understand and agree:
4.5 You may reschedule your session time more than 24 hours before your booked session; however, cancellation inside the 24 hours of your session or a no show will result in forfeiture of the session.
4.6 An additional session is considered a new booking and will be invoiced accordingly.
5. SERVICE DELIVERY
You understand and agree:
5.1 All coaching sessions will be delivered upon the agreed time frame contained in the selected coaching package.
5.2 Coaching sessions will be delivered via Zoom.
5.3 All sessions must be booked and completed within the agreed timeframe.
5.4 Any changes to the coaching plan, times, or delivery must be requested 7 days in advance in writing to info@finviva.com.au
6. REFUND POLICY
This Refund Policy helps to ensure fairness to Finviva and to all clients.
You understand and agree:
6.1. For Single Coaching Session
We understand that life happens. If you need to reschedule a session, we kindly ask for at least 24 hours’ notice.
6.1.1. If cancellations are made more than 24 hours in advance, there is no charge and full refund is provided. We look forward to seeing you in your next rescheduled session.
6.1.2. If cancellations are within 24 hours, 50% of the session fee will be charged.
6.1.3. No show will result in no refund.
6.2. For multi-session packages or full coaching programs
Cooling-Off Period
6.2.1. You are entitled to a 5-business-day cooling off period after the purchase date, to cancel your package or program for a full refund, if no sessions have taken place. Cancellation request must be in writing to info@finviva.com.au
After Cooling-Off Period
6.2.2. If you cancel before the first session (but after the cooling-off period), a 15% cancellation fee will apply to cover administration and preparation work.
6.2.3. If you cancel after the program has started, a pro-rata refund will be offered for unused sessions, minus a 15% cancellation fee.
6.2.4. No refund will be given for sessions that have already been delivered.
6.2.5. All refund requests must be made in writing to info@finviva.com.au detailing the reason for your request.
7. MENTORING RELATIONSHIP
You understand and agree:
7.1 Throughout your interaction with the Coach, you will be engaged in direct and personal conversations.
7.2 You will be required to be honest and straightforward in answering questions put to you during your coaching session.
7.3 The Coach will provide guidance, based on the information provided by you.
Privacy and Confidentiality
7.4 The relationship and content of all coaching sessions between you and the Coach are confidential between you and the Coach and shall not be disclosed to a third person unless the Coach is required to do so by law or with your express and written permission.
8. YOUR RESPONSIBILITY
You understand and agree:
8.1 You will prepare for each session as required.
8.2 You will be prompt in attending each coaching call or session.
8.3 For your online session, you will ensure you are somewhere private and undisturbed to be completely present during the coaching session.
Coaching relationship
You understand and agree:
8.4 Throughout your interaction with the Coach, you will be engaged in direct and personal conversations.
8.5 You will be required to be honest and straightforward in your answers to questions during your sessions with the Coach.
8.6 You are encouraged to be completely open about your concerns, challenges, goals and desires so the Coach can assist you fully.
8.7 The Coach is not responsible for the level of your success, or any loss or failure experienced during the coaching process.
8.8 Your success will depend on how much work you put into the coaching process.
9. CONFIDENTIALITY
9.1 All information (written or verbal) that you share with the Coach, and vice-versa, as part of your coaching relationship will be kept confidential (unless disclosure is required by law, such as fear for your or another person's safety or through a court order or subpoena).
9.2 The Coach agrees to keep details of all consultations, coaching sessions, strategies and plans and personal client information, and associated data shared for purposes required to complete the contracted coaching services confidential during and after this agreement.
9.3 While every effort will be made to maintain all information shared security and confidentiality, the Coach takes no responsibility for the security of information shared via third-party applications such as email providers or social media platforms that may be accessible to third parties.
9.4 The Coach will not use your name as a reference without first receiving written consent.
9.5 If the calls are being recorded, the Coach will inform the Client of the intent to record. However, the recordings will not be made public unless written agreement is sought from the Client.
10. ACKNOWLEDGEMENT AND DISCLAIMER
You understand and agree:
10.1 You have engaged the Coach's services at the agreed Fee.
10.2 The Coach cannot guarantee any results for you, and as such, you are 100% responsible for your progress and outcomes from coaching.
10.3 You accept that given the highly personal nature of coaching services provided by the Coach, every client's results will differ; you accept responsibility for any such variance.
10.4 The Coach is not a psychologist, psychiatrist, or otherwise medically trained and is not medically qualified to assess physical or mental conditions.
Earnings disclaimer
10.7 The Coach is not a financial advisor, financial planner or chartered accountant.
10.8 The Coach cannot and does not guarantee your ability to get results or earn any money from mentoring, advice, ideas, information or strategies provided.
10.9 You acknowledge that there is an inherent risk in any business enterprise or activity. There is no guarantee that you or your business will earn any money as a result of your engagement of the Coaches services.
10.10 Nothing in the disclaimers above will limit or exclude any liability that may not be limited or excluded by applicable law.
11. LIMITATION OF LIABILITY
You understand and agree:
11.1 Liability for the Coach's services is governed solely by the Australian Consumer Law and these Terms and Conditions.
11.2 Nothing in these Terms removes your Statutory Rights as a consumer under Australian Consumer Law.
11.3 To the extent permitted by law, the Coach excludes all express or implied representations, conditions, guarantees, warranties and terms relating to any Services except those set out in this Agreement, including but not limited to implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in this Agreement.
11.4 The Coach guarantees all services are supplied to you with due care and skill and fit for the purpose that the services have been advertised.
11.5 To the extent the Coach is unable to exclude liability; total liability for loss or damage you suffer or incur from services by the Coach is limited to re-supplying the Services to you, or, at the Coach's, refunding to you the amount you have paid for the Services to which your claim relates.
12. WARRANTY AND INDEMNIFICATION
12.1 The Coach warrants coaching services will always be carried out:
12.1.1 diligently
12.1.2 with proper care and skill; and
12.1.3 in accordance with the terms of this Agreement.
12.2 The Client indemnifies the Coach against all claims for any legal relief whatsoever arising in any way out of or in connection with:
12.2.1 the carrying out of, or failure to carry out the contracted services; or
12.2.2 any breach of this agreement.
12.3 The indemnity does not apply to the extent that any claim is caused by the Coach's negligence or a breach of this agreement.
13. TERMINATION
13.1 Either Party may terminate this agreement by providing 5 business days' notice in writing to the other Party.
Termination by the Coach
13.2 Except for as provided in this Agreement, where the Coach terminates this Agreement with or without cause and through no action or fault of the client, any payment for unfulfilled services without fees or charges will be refunded to the client.
13.3 Payment for fulfilled services will not be refunded.
Termination by the Client
13.4 Except for as provided in this Agreement, where the Client terminates this Agreement, the Client is liable for all outstanding fees to the Coach. Payment is required in full within 5 business days of the termination date.
14. DISPUTE RESOLUTION
You understand and agree:
14.1 You will contact the Coach immediately with any concerns so that they may be resolved quickly and effectively through friendly consultation.
14.2 In the event of a dispute, you agree to the following Dispute Resolution Procedure:
14.2.1 You must advise the Coach in writing of the nature of the dispute, the outcome you seek and what actions you believe will settle the dispute.
14.2.2 You agree to meet via Zoom platform, in good faith to seek to resolve the dispute by agreement and compromise.
14.2.3 If an agreement cannot be reached to resolve the dispute, any party may refer the dispute to mediation by a mediator appointed by the Victorian Small Business Commission.
14.2.4 Both parties must attend the mediation provided by the Victorian Small Business Commission in good faith to resolve the dispute through mediation.
14.3 Litigation via the court process may only be considered after a genuine attempt at mediation bought by either Party is unsuccessful.
14.4 Confidentiality is paramount to both parties personal and professional reputations and standing in their business and community.
14.5 At no time will any communications or discussions be made public. This includes but is not limited to any websites or social media platforms of either Party.
14.6 Any public discussion or comments about either party will be considered defamatory, harmful or otherwise damaging and will be the subject of compensation in any mediation or litigation claim.
15. GOVERNING LAW
You understand and agree:
15.1 The Terms and Conditions of this Agreement are governed and construed in accordance with the laws of the State of Victoria, Australia.
15.2 Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the State of Victoria, Australia.
By ticking this box, I CERTIFY THAT I fully understand and agree to the terms and conditions contained in this Agreement. By proceeding, I understand that I am legally bound by this contract to be coached by Finviva.