Clarity Program – Client Contract
Jess Crawford (Mentor) and (Client)
Mentoring Sessions – Contract Services
- Either single or multiple wholistic wellbeing sessions of approximately 60 minutes in duration (Services) and whatsapp conversations. Whatsapp conversations will be answered between the hours of 9am and 3pm weekdays only.
- You accept our Terms by:
(a) continuing to use our services
(b) paying for our services; or
(c) written confirmation that you accept, including by email.
- This agreement, will begin upon acceptance, and will include a minimum of 1 session.
- Jess Crawford takes payment via Bank Transfer (unless otherwise arranged)
- If there is any payment default on recurring sessions, we will charge interest at the Cash Rate Target set by the Reserve Bank of Australia plus 2%, on any amounts unpaid, after the expiry of 30 days after payment was due.
- In cases of multiple sessions, all sessions to be completed no later than 120 days from the start of this agreement. Upon completion of the sessions the coaching relationship will be reviewed and renewed under discussion with Mentor and Client if desired.
- The services to be provided by the Mentor to the Client are video conferencing coaching and via whatsapp messaging as designed jointly with the Client. Mentoring is not advice, therapy, medical assistance or counselling. It may address specific personal ideas, or general conditions in the Client’s life or profession.
- I value your time and mine so please give me 24 hours notice if you need to reschedule. All sessions that are cancelled with less than 24 hours notice will be forfeited unless there was an emergency. Arriving late will result in the length of our session being cut short – please be on time 🙂
- As required under Australian Consumer Law, I guarantee that the Services I supply to you and will be supplied within a reasonable time; are rendered with due care and skill; fit for the purpose that I advertise, or that you have told me you are acquiring the Services for or for a result which you have told me you wish the Services achieve, unless I consider and disclose that this purpose is not achievable.
- I provide refunds to the extent required under Australian Consumer Law. I do not provide refunds for any additional reasons, including that there is no refund for a change of mind.
- The Mentor promises the Client that all confidential information provided by the Client to the Mentor will be kept strictly confidential, and will only be disclosed with the Client’s consent, or as required by law.
- Throughout the working relationship, the Mentor will engage in direct and personal conversations. The Mentor seeks to be honest and straightforward in asking questions and making requests. The Client understands that the power of the mentoring relationship is affected by the Client, and the Client agrees to commit to a powerful mentoring relationship. If the Client believes the mentoring is not working as desired, the Client will communicate that belief and take action to return the power to the mentoring relationship.
Feedback and dispute resolution
- Your feedback is important to me. I seek to resolve your concerns quickly and effectively. If you have any feedback or questions, please contact me.
- If there is a dispute between us, we agree to the following dispute resolution procedure:
(a) The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. We agree to meet in good faith to seek to resolve the dispute by agreement between them.
(b) If we cannot agree how to resolve the dispute, any party may refer the matter to a mediator. If the parties cannot agree on who the mediator should be, the complainant will ask the Law Society of South Australia to appoint a mediator. The mediator will decide the time and place for mediation. We must attend the mediation recommended by the mediator, in good faith, to seek to resolve the dispute through mediation or other alternative dispute resolution processes.
- Any attempts made by the parties to resolve a dispute pursuant to this clause shall be without prejudice to any other rights or entitlements of the parties under these Terms, by law or in equity.
Acknowledgement and Disclaimer
- I understand that I am working with Jess Crawford for wholistic wellbeing mentoring at the agreed Fee.
- You acknowledge that Jess Crawford is not a psychologist, psychiatrist, or otherwise medically trained. I am not medically qualified to assess your physical or mental condition. If you are in any doubt, please seek expert medical advice before using my Services.
- Mentoring is not counselling, psychotherapy or psychoanalysis.
- Mentoring does not deal with the diagnosis or treatment of emotional problems.
- I do not guarantee or warrant any specific result or benefit to you from the mentoring.
- Since mentoring does not constitute medical consultation or treatment, health insurance will generally not apply.
- You agree that our liability for the Services is governed solely by the Australian Consumer Law and these Terms. Nothing in these Terms removes your statutory rights as a consumer under Australian Consumer Law.
- To the extent I am able to at law, I exclude all express or implied representations, conditions, guarantees, warranties and terms relating to the Services or this agreement except those set out in this agreement.
- To the extent I am unable to exclude liability; my total liability for loss or damage you suffer or incur is limited to and capped at us re-supplying the Services to you, or, at our option, us refunding to you the amount you have paid us for the Services to which your claim relates.
- I am not liable to you or to anyone else for any loss or damage (including without limitation loss of profit, revenue or business, indirect, consequential, special or incidental loss or damage) however such loss, damage or liability arises or might arise if it were not for this clause, even if I have been advised of the possibility of damages. This exclusion does not apply to anything the law prohibits me excluding liability for.
- Neither of us is liable for a failure or delay in performing an obligation under this agreement to the extent the failure or delay is because of an event beyond our reasonable control. If either of us is affected in this way, each of us will use our reasonable endeavours to minimise delays or interruptions.
- The obligations under this clause will survive termination of these Terms.
- I am liable for and agree to indemnify you in respect of any loss or liability which you suffer, incur or are liable for as a result of any breach of these Terms by us, our employees, contractors or agents.
- You are liable for and agree to indemnify me in respect of any loss or liability which we suffer, incur or are liable for as a result of (i) any information you give me that is not accurate, up to date or complete or is otherwise misleading; or (ii) any breach of these Terms, or (iii) any damage to Studio facilities and equipment that you cause through a wilful act or negligence.
- You agree to co-operate with me (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our Services including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us.
- The obligations under this clause will survive termination of these Terms.
- Either party may terminate the agreement between us, by giving the other party 7 days written notice, or a shorter notice period if both parties agree in writing including by email.
- I may terminate the Terms at any time, in my sole discretion, if:
(a) you act in an inappropriate manner, in my sole discretion, including but not limited to:
- if our relationship of trust and confidence breaks down;
- that defames, harasses, threatens, menaces, offends or restricts any person;
iii. that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy; or
- that would bring me or the Services into disrepute.
(b) for any other reason outside my control which has the effect of compromising our ability to work together; or
(c) you owe amounts to me, that are unpaid following 30 days of the due date.
- Either party may terminate the Terms if there has been a material breach of these Terms.
- The accrued rights, obligations and remedies of the parties are not affected by the termination of these Terms.
Priority: If these Terms differ from any other information that you have been provided with, including by email or phone, these Terms apply, unless we agree otherwise in writing.
Jurisdiction & Governing Law: The Terms is governed and construed in accordance with the law of South Australia.