Terms and Conditions for Coaching & Mentoring and Civil & Commercial Mediation and Negotiation Services

1. Definitions and Interpretation

1.1 In these Terms and Conditions, unless the context otherwise requires:
(a) “Provider” refers to the individual or entity delivering the Services.
(b) “Client” refers to the individual or entity receiving the Services.
(c) “Services” refers to coaching, mediation, negotiation, and arbitration provided by the Provider.

1.2 Headings are inserted for convenience and shall not affect interpretation.

2. Scope of Services

2.1 The Provider shall provide the Services to the Client as agreed in writing.
2.2 The Services do not include legal, financial, therapeutic, or medical advice unless expressly agreed in writing.

3. Provider Obligations

3.1 The Provider shall act with skill, care, diligence, and impartiality.
3.2 The Provider shall maintain confidentiality in accordance with Clause 6.
3.3 The Provider does not guarantee the achievement of any specific outcome.

4. Client Obligations

4.1 The Client shall engage with the Services in good faith.
4.2 The Client shall provide accurate and relevant information and refrain from abusive or unlawful conduct.
4.3 The Client accepts that their decisions and actions resulting from the Services remain their sole responsibility.

5. Fees and Payment

5.1 Fees shall be agreed prior to commencement of the Services.
5.2 Payment shall be made in accordance with the agreed payment terms.
5.3 The Provider may charge interest on overdue amounts in accordance with applicable law.
5.4 Reasonable expenses incurred in relation to the Services shall be payable by the Client, unless otherwise agreed.

6. Confidentiality

6.1 Information shared during the Services is confidential and shall not be disclosed without the written consent of all parties, except where disclosure is required by law or where harm or unlawful activity is reasonably suspected.
6.2 Records and notes of the Services shall not be admissible in legal proceedings unless agreed by all parties.

7. Cancellation and Rescheduling

7.1 The Client must provide at least forty-eight (48) hours’ notice to cancel or reschedule Services.
7.2 Cancellations with less than forty-eight (48) hours’ notice may incur a cancellation fee.
7.3 The Provider reserves the right to reschedule or cancel Services with reasonable notice in the event of unforeseen circumstances.

8. Nature of the Process

8.1 Coaching and counselling is a developmental service, not a substitute for therapy, legal, financial, or medical treatment.
8.2 Mediation and negotiation are voluntary processes requiring the cooperation of all parties. The Provider has no authority to impose outcomes unless acting as arbitrator.
8.3 Arbitration, where agreed, results in a binding decision that all parties accept as final and enforceable.

9. Limitation of Liability

9.1 To the extent permitted by law, the Provider shall not be liable for any indirect, incidental, or consequential loss arising in connection with the Services.
9.2 The Client remains responsible for the consequences of their own decisions, agreements, and outcomes resulting from the Services.

10. Termination

10.1 Either party may terminate the Services by providing written notice, the period of which is stated in the Service Contract..
10.2 The Provider may terminate immediately if:
(a) the Client fails to pay Fees when due,
(b) the Client engages in misconduct, or
(c) continuation of the Services is deemed inappropriate or unworkable.

11. Governing Law and Jurisdiction

11.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of the jurisdiction in which the Provider operates.
11.2 The courts of that jurisdiction shall have exclusive authority to resolve disputes arising from these Terms.

12. Entire Agreement

12.1 These Terms, together with any written agreement for Services, constitute the entire agreement between the Provider and the Client. No work shall commence without the signed service agreement which is bound by these Terms.
12.2 Any variation must be made in writing and signed by both parties.

13. Acceptance

By booking, contracting, or participating in the Services, the Client confirms acceptance of these Terms and Conditions.

January 2025: These terms will be reviewed and amended regularly to maintain standards of service.