The terms and conditions below apply to all coaching and mentoring services provided by Build Your Now to any individual or organisation ("the client") and constitute the contract for the service to be provided by Build Your Now for the client. The term 'coaching' as here used covers life coaching, personal coaching, executive coaching and business coaching for clients and where applicable includes mentoring or supervision services provided for clients, coaches or others.
Coaching is not psychological counselling or any type of therapy, and should not be construed as such.
In return for the fees payable by the client (or by a third party on their behalf), Build Your Now agrees to provide the service as described below and in accordance with the terms and conditions set out below. The client agrees to pay fees for the service on the terms and conditions set out below (in situations where a third party pays the fees, the third party counts as an agent acting on behalf of the client).
The date that the first coaching session takes place shall be deemed to be the start date for the service. Participation by any individual in the first coaching session constitutes acceptance of these terms and conditions. The client will be required to sign a contract with Build Your Now at the commencement of coaching.
Responsibility & Commitment
Build Your Now will seek to enable the client to set and achieve goals that will help to bring about desired outcomes for the client. The client has sole responsibility for any decisions they may make following coaching with Build Your Now. Build Your Now accepts no liability for the client’s actions. Build Your Now has no liability for any loss incurred by any client, whether financial or otherwise, following commencement of coaching sessions, or for any perceived failure by the client, whether justified or otherwise, to achieve a material improvement in quality of life or to achieve their desired outcomes or goals.
The client will be required to complete a ‘Commitment to Coaching’ form at the commencement of coaching; the client will be asked if they are ready to take actionto make the necessary changes.
Personal information or business information supplied to Build Your Now by the client in coaching sessions will be treated as confidential. It will not be disclosed to a third party without the client's prior permission, save where required by law.
Build Your Now and the client will be required to sign a confidentiality agreement at commencement of coaching. Build Your Now will respect the client’s privacy and seek written permission before disclosing they are a client.
Build Your Now requires that the client provide an emergency contact name and telephone number, to be used only in the event of an emergency, such as sudden illness or accident.
All documentation and information relating to the client will be held according to the relevant data protection laws of the Country they reside in, except as permitted by the client in writing or as required by law.
Clarity & Style
Build Your Now will discuss with the client their preferred style of coaching. The client has the right to talk openly and candidly with their coach, and the client is encouraged to discuss any concerns they have with Build Your Now on any area of the coaching process. Build Your Now welcomes openness and honesty.
Feedback about the service is welcomed and can be given during a coaching session via email to firstname.lastname@example.org
Build Your Now is continually striving to ensure the standard of service it provides to its clients remains outstanding. At the end of the coshing process, or series of coaching sessions, the client will be asked to complete a feedback form.
The coaching schedule will be arranged between Build Your Now and the client and can be booked up to 3 months in advance. Build Your Now will recommend the frequency of coaching sessions based on a professional assessment of the client’s requirements. This recommendation, or plan, is not binding and may be altered and adjusted throughout the coaching journey by mutual agreement, in accordance with the terms set out in this agreement.
The number of coaching sessions will be agreed at the start of coaching between Build Your Now and the client, and confirmed by Build Your Now by email or written correspondence. Where no specific number is agreed sessions will be provided on a session by session basis. Due to the nature of coaching, the initial term usually recommended is four sessions. Full payment is due before or at the first session. Additional sessions can be booked thereafter.
The length of each session is usually 1 hour but can be agreed between Build Your Now and the client at the commencement of the session.
Coaching will take place between the client and their coach face-to-face (venue by mutual agreement), via Skype (client calls coach), or by telephone (client calls coach). Face-to-face coaching will take place at a mutually agreed venue. Where coaching takes place at a mutually agreed venue the client will be liable for any costs incurred by Build Your Now at that time. Unless otherwise agreed, the client is responsible for telephoning Build Your Now at agreed times.
Build Your Now may assign the client tasks or exercises to complete between coaching sessions. There is no obligation on the client to complete these tasks, but not doing so may slow the client's progress in gaining improved quality of life or achieving desired business or personal outcomes. Where possible, clients are requested to submit any information requested by Build Your Now relating to assignments at least 24 hours before the coaching session when they are to be discussed. Build Your Now will provide feedback on completed assignments during coaching sessions.
The client may contact Build Your Now by social media or email between sessions to share a success or seek clarification on a coaching issue. Support between sessions is seen by Build Your Now as a necessary part of the coaching process. Build Your Now will always advise a client in advance if the nature of a client's contact is likely to incur an additional charge, and no such charges will be imposed without the client's agreement.
Cancellation & Rearranging Sessions
If the client needs to rearrange a coaching session, they should provide at least 48 hours’ notice. No refunds will be given to clients for unused coaching sessions unless 48 hours’ notice has been given. In exceptional circumstances Build Your Now may need to rearrange a coaching session; in these circumstances Build Your Now will use reasonable endeavours to provide a mutually satisfactory alternative appointment the client.
Where a client pays for a session, or sessions, in advance they must have the coaching session(s) that they have paid for within 6 months of the payment, or their fee is forfeited.
The client may terminate their coaching contract at any time in writing. Any monies owed at the time of cancellation will become due immediately. Refunds on payments made against future sessions will be at the discretion of Build Your Now.
In exceptional circumstances, such as illness or unavailability due to bereavement or other commitments, inappropriate behaviour by the client, actual or potential conflict of interest, or other reasons, Build Your Now can decide to terminate the service to the client early or refuse or be unable to provide further coaching sessions to the client. In such a circumstance the client will be given reasonable notice of termination by Build Your Now where practicable, and will be refunded any advance payments made for coaching sessions not yet provided.
There may be occasions when Build Your Now may recommend to the client that they seek an alternative service more suited to their current needs. In this event Build Your Now will fully discuss the reasons for the recommendation with the client. It is the client’s sole responsibility to decide whether to follow the recommendation and Build Your Now does not accept any liability for the outcome of any decisions the client chooses to make.
Use of the Membership Website and Prohibitions
This Membership Website allows you to join Membership Website, express your thoughts, and make some comments and discussion. You understand and agree that you will use this site including its tools and services with full sense of responsibility and in a manner that is consistent with these Terms and in such a way as to ensure compliance with all applicable laws and regulations. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence.
However, you are prohibited to do the following acts, to wit: (a) use our Membership Website, including its services and or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services, or tools (b) posting of an blogs, items, messages, and or contents that are inappropriate and fails to observe decency; (c) collecting information about users’ personal information; (d) post false, inaccurate, misleading, defamatory, or libelous content; (e) take any action that may damage the rating system.
No resale of the service
You agree and understand that you will not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes any portion of the Membership Website including its tools and services.
Your registration obligations
Warranty disclaimer and exclusions/limitations of liability
You represent and warrant that (a) all of the information provided by you to our website to participate in the Service is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.
You hereby accepts and agree that it is beyond our control, and no duty to take any action regarding: which users gain access to the Membership Website or use the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release us from all liability for you having acquired or not acquired Content through the Membership Site or the Services.
It should be noted that the Membership Site or Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Membership Site or Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Services. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
In addition, we make no representation that the operation of our Membership Website will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. We may change, restrict access to, suspend or discontinued the Membership Website or any part of it at anytime. The information, content and services on the site are provided on an “as is” basis. When you use the Membership Website and or participate herein, you understand and agree that you participate at your own risk.
Intellectual property rights
The Web allows people throughout the world to share valuable information, ideas and creative works. To ensure continued open access to such materials, we all need to protect the rights of those who share their creations with us. Although we make the Website freely accessible, we don’t intend to give up our rights, or anyone else’s rights, to the materials appearing on them. The materials available on the site shall remain the property of Build Your Now and/or its licensors, and are protected by copyright, trademark and other intellectual property laws. You acquire no proprietary interest in any such rights. Furthermore, you may not remove or obscure the copyright notice or any other notices contained in the site or anything retrieved or downloaded from them.
You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that You will not acquire any right, title, or interest in or to the site except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.
You agree not to disclose information you obtain from us and or from our clients, advertisers, suppliers and forum members. All information submitted to by an end-user customer pursuant to a Program is proprietary information of Build Your Now. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
Non-assignment of rights
Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.
Waiver and serverability of terms
Failure from Build Your Now to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect. No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.
In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.
This Agreement shall be governed by and construed in accordance with the substantive laws of Australia, without any reference to conflict-of-laws principles. The Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Membership Website, the contents and materials provided by or through the Membership Website, and the subject matter of this Agreement.
Choice of Law; jurisdiction; forum
Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of Australia, to the exclusion of any other courts without giving effect to its conflict of law provisions or your actual state or country of residence