Hayley Carr International Pty Ltd 2022
Terms of Engagement
TERMS OF ENGAGEMENT
BACKGROUND
Hayley Carr is a Life and Leadership Coach, and skilled NLP Practitioner. Hayley works with selected clients to support them with mindset, confidence, and personal tools for critical thinking, overcoming adversity, effective leadership, mindfulness, sustained peak performance, and to develop more profound levels of consciousness when it comes to higher levels of performance
Hayley's expert (and sometimes unorthodox) service supports those whom she affectionately calls "superfreaks" - a small, high-functioning sector of society, highly sensitive, intuitive, driven, creative, business owners, adventurers, athletes, performers and leaders, who are ready to transition from high functioning to exceptional on all levels.
This Terms of Engagement (Agreement) is a legally binding agreement between you (the Client) and Hayley Carr International Pty Ltd ACN: 34623378807 ("Hayley Carr" or "Coach" and collectively "Parties)) and contains the entire agreement between you about the services provided by Hayley Carr.
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 in the pursuit of excellence in your chosen endeavour.
This Agreement supersedes and prevails over any prior agreement or understanding (if any) between you and Hayley Carr.
To request amendments to, or to gain clarification about, this agreement, please email hayley@hayleycarr.tv.
While Hayley expects that you will sign and return this Agreement, 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 Hayley Carr.
SERVICES
Hayley Carr provides the following services and programs:
1.1 Individual Coaching
Coaching with Hayley is a highly tailored and intensive experience.
In keeping with Hayley's unique coaching and personal philosophy - "how we do anything is how we do everything" - the coaching experience with Hayley is different but transformative for each person. No topic is off-limits, and business coaching conversations can transform into intensive coaching about the energetics of money and relationships, sex, childhood, purpose, health, spirituality.
You understand and agree:
A coaching program, whether it's one session or a package of sessions is by application only.
Online questionnaire
You will be required to fill out an online questionnaire in the first instance.
Completing the online questionnaire does not guarantee an initial meeting or a response from Hayley.
If Hayley believes she can help you, an initial complimentary meeting will be offered to you.
Initial interview
An interview with Hayley is not a guarantee that individual coaching will be offered to you. Hayley may determine that other coaching services (programs and courses) are more suited to your requirements.
Session times are usually around 90 – 120 minutes; however, it is Hayley's coaching style to go until the session needs to end.
Coaching packages are created according to an individual's personal needs, so fees, duration and number of sessions may vary between clients.
Coaching Fees and Payment
You understand and agree:
Coaching fees are determined according to individual requirements and after Hayley Carr has agreed to coach you.
Where payment is made upfront a 15% discount is applied to your coaching fees.
Payment plans
Where Hayley approves a payment plan, you agree to the following:
15% premium will apply to all payment plans
Payments are made monthly in advance
All payments under a payment plan must be completed before the final session.
Payments are made online via a direct debit or credit card deduction from your nominated credit card.
Session Bookings
Coaching sessions are booked online via Calendly or similar booking software that you will be emailed to you.
Session times are generally available between 9:00 am-5:00 pm AEST, Wednesday and Thursday only.
Hayley's calendar is updated in real-time to reflect availability each month.
Rescheduling
Rescheduling of sessions is permitted via the booking software.
Cancellation or No Show
You understand and agree:
You may reschedule your session time more than 24 before your booked session however cancellation inside 24 hours of your session, or a no show will result in forfeiture of the session.
An additional session is considered a new booking and will be invoiced accordingly.
Delivery
Hayley conducts personal development programs worldwide; therefore, coaching may be delivered as follows:
in person, if you and Hayley are in the same location at the same time, or at one of Hayley's private retreats at a mutually agreed time.
Via Zoom, unless previously arranged to be in person.
You understand and agree:
All coaching sessions will be delivered according to the agreed time frame contained in your tailored coaching plan.
All sessions must be booked and completed within the agreed timeframe.
Any changes to the coaching plan, times, or delivery must be requested 30 days in advance in writing to hayley@hayleycarr.tv.
The International Women of Mystery Mastermind Program – 12 months A$44000 AUD or 90 day experience A$22,000.
The International Women of Mystery is an online community for high achieving career or businesswomen who are highly sensitive and intuitive empaths, and who are seeking high-level connections and new experiences.
The Program includes unlimited access to the group on Voxer, bi-monthly group calls, 4X45-minute private calls with Hayley for the 12 month program or 1X45 minute call for the 90 day program, available to take over the period you signed up for and access to all courses for the duration of the mastermind period you signed up for. The program is available by application only.
Further information about the International Women's Mastery Program, including Terms and Conditions, will be available on the website here.
Online Courses
From time to time, Hayley Carr offers transformational online courses and programs.
For details of Course and Program created by Hayley and currently available please www.hayleycarr.tv
The Vortex Live Event - Not available
1.5 Play Bigger, Feel Better Event - $1800 large group event
Additional information can be viewed here, and the Retreat Terms and Conditions can be viewed here.
Calmology – Hayley's online meditation album - $44
You may purchase Hayley's meditation album download here.
Pricing and Payment
2.1 Pricing of any service by Hayley Carr is determined by the service, Program or course you have chosen.
2.2 Pricing is confirmed as stated on the website or in your invoice where tailored coaching program is created for you.
2.3 Pricing is valid for the term of the agreement.
2.4 Hayley Carr is not under any obligation to maintain the same offer or pricing should you wish to extend the term of service.
2.5 All prices are stated in Australian Dollars and include GST.
2.6 All payments are required to be paid online.
2.7 Payment via credit/debit card attracts maximum 2.2% surcharge.
Payment plan
2.8 Where a payment plan is negotiated with Hayley you agree to the following
2.8.1 15% premium will apply.
2.8.2 Payments, according to the payment plan, are paid monthly in advance.
2.8.3 All payments under a payment plan must be completed before the final session of the relevant Program unless otherwise specified.
2.8.4 Payments are made online via a direct debit or credit card deduction from your nominated credit card.
Refund Policy
Hayley's work is unique, and the results are life-changing and at times, intangible.
The process to work with Hayley is very considered and intentional – difficult issues for example illness, unexpected events, cash flow challenges, changes in heart, fear when plans go wrong are covered during the coaching process.
You agree to allow Hayley to coach you through these issues.
A refund will be considered if both parties agree, after discussion, that further coaching with Hayley is not in your best interest.
You understand and agree:
Requests for refunds are considered on a case by case basis and may be offered at Hayley Carr's discretion entirely.
Any refund calculation will include a deduction for the services completed by Hayley Carr, plus a cancellation fee of 10% of the total amount of your invoice.
All requests for refunds must be made in writing to Hayley Carr detailing the reason for your request.
Refunds will not be considered or issued for a change of mind.
Mentoring Relationship
You understand and agree:
Throughout your interaction with Hayley, you will be engaged in direct and personal conversations.
You will be required to be honest and straightforward in your answers to questions put to you during your sessions with Hayley.
Privacy and Confidentiality
The relationship and content of all coaching sessions between you and Hayley Carr are confidential between you and Hayley. There will be no disclosure to a third party unless Hayley is required to do so by law or with your express and written permission.
Your responsibility
As your coach, Hayley will help you slice through your programming and to become accountable to yourself.
You understand and agree:
5.1 Coaching with Hayley will require you to apply your energy, stand in your truth, be vulnerable, acknowledge and harness your personal power.
5.2 You will be willing, open and available to see your world differently.
5.3 You are ready, willing and committed to receiving coaching from Hayley
5.4 You understand that you may experience feelings of failures and confusion while learning to think differently.
5.5 To be present, and to do your best every day during the coaching process.
5.6 To be willing to receive feedback, you may not have received before and act on it.
Session Preparation
You agree
5.7 You will prepare for each session.
5.8 You will be ready on time for each coaching call or session.
5.9 Where your call is via Skype, you will ensure you are somewhere private and undisturbed so you can be completely present during coaching with Hayley.
Personal Results and Achievements
5.10 You are responsible for your results and achievements.
5.11 Hayley is not responsible for the level of your success or any loss or failure experienced during the coaching process with Hayley.
5.12 Your success will depend on how much work you put into the process of reprogramming with Hayley.
Hayley Carr's obligations are:
5.13 To see you as your most powerful self, and at your absolute potential and to hold you to that vision.
5.14 To support and guide you, listen deeply, coach powerfully, state difficult truths, to help you transform and achieve results.
Confidentiality
6.1 In working together, it is imperative that the relationship is built on trust. As such Hayley Carr is committed to the utmost confidentiality.
6.2 All information (written or verbal) that you share with Hayley, 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 court order or subpoena).
6.3 Hayley Carr agrees to keep details of all consultations, sessions, strategies and plans, content, ideas, passwords, logins, client information, and associated data that is shared for purposes required to complete the contracted coaching services confidential during and after the period of this agreement.
6.4 While every effort will be made to maintain security and confidentiality of all information shared, Hayley Carr, takes no responsibility for the security of information shared via third-party applications such as email providers or social media platforms which may be accessible to third-parties.
6.5 Hayley Carr will not use your name as a reference without first receiving written consent.
6.6 If the calls are being recorded, Hayley Carr will inform the Client of the intent to record. The recordings will not be made public, in any way, unless written agreement is sought from the Client.
Acknowledgment & Disclaimer
You understand and agree:
You have engaged Hayley Carr's services at the agreed Fee.
Hayley Carr is an experienced personal transformation coach for individuals seeking excellence and peak performance in their personal and business journey and life.
Hayley Carr cannot guarantee any results for you. As such, you are 100% responsible for your progress and outcomes from coaching with Hayley.
Hayley cannot control the level of your immersion in her coaching, nor your participation, and it is your responsibility entirely to support or implement a strategy or changes resulting from coaching with Hayley.
You accept that given the highly personal, tailored and intensive nature of coaching services provided by Hayley Carr, results experienced by every Client will differ you accept responsibility for any such variance.
Hayley Carr is not a psychologist, psychiatrist, or otherwise medically trained, and is not medically qualified to assess physical or mental condition.
If you are in any doubt, please seek expert medical advice about the services provided by Hayley Carr.
Limitation of Liability
You understand and agree:
Liability for the services provided by Hayley Carr is governed solely by the Australian Consumer Law and these Terms and Conditions.
Nothing in these Terms removes your Statutory Rights as a consumer under Australian Consumer Law.
To the extent permitted by law, Hayley Carr 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.
Hayley Carr guarantees all services are supplied to you with due care and skill and fit for the purpose that the services have been advertised.
To the extent that Hayley Carr is unable to exclude liability; total liability for loss or damage you suffer or incur from services by Hayley Carr is limited to re-supplying the Services to you, or, at Hayley Carr's option, refunding to you the amount you have paid for the Services to which your claim relates.
Warranty and Indemnification
9.1 Hayley Carr warrants coaching services will always be carried out:
diligently;
with proper care and skill; and
in accordance with the terms of this agreement;
The Client indemnifies Hayley Carr against all claims for any legal relief whatsoever arising in connection with:
the carrying out of, or failure to carry out the contracted services;
Or any breach of this agreement.
The indemnity does not apply to any claim is caused by Hayley Carrs the negligence or breach of this Agreement.
Force Majeure
A Force Majeure event is an event outside our control that delays or hinders our ability to perform its obligations under this Agreement.
A Force Majeure event includes but is not limited to fire, flood, earthquake or similar natural disasters, riot, war, terrorism, civil strife, labour disputes or disturbances, industry-wide material or services shortages outside our reasonable control, an outbreak of pandemic disease, governmental regulations, communication, technology or utility failures.
Hayley Carr shall not be deemed in breach of any undertaking in this Agreement for the delay in performing, or failure to perform, any of its obligations under this Agreement if such delay or failure result from Force Majeure events.
Upon the occurrence of any Force Majeure Event, Hayley Carr shall give notice to the Client of the inability to perform or of delay in delivering products and services.
Hayley Carr shall propose revisions the delivery schedule for products or services or termination of undertakings under this Agreement where it is determined that performance is not possible because of the duration or effect of the Force Majeure event.
Where undertaking under this Agreement is terminated as a result of a Force Majeure event Parties agree every effort will be made by both parties to negotiate a financial arrangement to mitigate and share any loss resulting from the Force Majeure event.
Termination
Either Party may terminate this Agreement by providing 30 days' notice in writing to the other Party.
Termination by Hayley Carr
Except for as provided in this Agreement, where Hayley Carr terminates this Agreement with or without cause, and through no action or fault of the Client, any payment for unfulfilled services without any fees or charges will be refunded to the Client.
Payment for fulfilled services will not be refunded.
Termination by the Client
Except for as provided in this Agreement, where the Client terminates this Agreement, the Client is liable for all outstanding fees to Hayley Carr and payment is required in full with 7 days of the date of Termination.
Dispute Resolution
You understand and agree:
You will contact Hayley Carr immediately with any concerns so that they may be resolved quickly and effectively through friendly consultation.
In the event of a dispute you agree to the following Dispute Resolution Procedure:
You must advise Hayley Carr in writing of the nature of the dispute, the outcome you seek and what actions you believe will settle the dispute.
You agree to meet in person or Skype, in good faith to attempt to resolve the dispute by agreement and compromise.
If an agreement cannot be reached to resolve the dispute, any party may refer the dispute to the Victorian Small Business Commission (VSBC) for direction and mediation.
Both parties must attend the mediation provided by VSBC, in good faith, to seek to resolve the dispute through mediation.
Litigation via the court process may only be considered after a genuine attempt at mediation bought by either Party, is unsuccessful.
Confidentiality is paramount to both parties personal and professional reputations and standing in their business and community.
At no time will any communications or discussions be made public including but is not limited to any social media websites of either Party.
Any public discussion or comments about either Party considered defamatory, negative or otherwise damaging and will be the subject of compensation in any mediation or litigation claim.
Governing Law
You understand and agree:
The Terms and Conditions of this Agreement are governed and construed under the laws of New South Wales, Australia.
Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of New South Wales.
By ticking this box, I CERTIFY THAT I fully understand and agree to the terms and conditions contained in this Agreement.
Download these Terms of Engagement here.
Please also initial all pages in this document, scan or photograph and return via email to hola@hayleycarr.tv
