- The Institute of Step-Family Dynamics expects that all clients will do the following: be respectful to their coaches and other group members, ensure they are situated appropriately and safely for the session/interaction i.e. not driving or otherwise distracted, and demonstrate a willingness to engage in the coaching process.
- Coaches will do the following: be respectful to and supportive of their clients, ensure they are situated appropriately and safely for the session i.e. not driving or otherwise distracted, and demonstrate a willingness to engage in the coaching process. Coaches are also commited to on-going professional development and supervision to ensure the optimal experience for their clients.
- All clients are expected to take responsibility for their own well-being by being diligent in following the advice of medical professionals and informing coaches of any issues that may be impacting the client’s mental or physical health and well-being. This includes thoughts of self-harm or suicidal ideation. Actively engaging in the coaching process may include the following: students speaking up and asking questions when they are confused or need more help, letting the coach know of any new or returning stressors, or discomfort or concerns about the coaching process or coach/client relationship. It is also the responsibility of clients to inform the Institute of Step-Family Dynamics of any discomfort or concerns about the coaching process or coach/client relationship.
- Clients are also asked to inform the Institute of Step-Family Dynamics of any change of details, including change of address, phone numbers, address and/or email.
- Feedback to the Institute of Step-Family Dynamics, good or bad, is encouraged and welcomed.
The Institute of Step-Family Dynamics Ltd TRADING TERMS AND CONDITIONS for Coaching (INDIVIDUAL)
- PARTIES: The Supplier: The Institute of Step-Family Dynamics Ltd The Customer:
2.1. The Supplier is The Institute of Step-Family Dynamics Ltd of Waikato in the country of New Zealand.
2.2. The Client is the person the Services are provided to.
2.3. The Customer is any entity who agrees to be liable for the debts of the Client and includes but is not limited to the Parent, Partner and/or other person acting as the legal or de facto parent of the Client or, if the Client is over the age of eighteen (18), the reference to the Client will include a reference to the customer.
2.4. Enrolment shall be defined as any request for the provision of Services by the Customer with the Supplier which has been accepted by the Supplier.
2.5. The Services are the provision of life coaching and/or mentoring, group membership, and course provision.
2.6. Sessions are the appointments for the provision of the services as agreed to by the Supplier.
2.7. The Coaches are the Individual Contractors and not Employees, Officers, Servants or Agents of the Supplier.
2.8. The Price is the amount invoiced for the Services provided.
3.1. These Terms and Conditions together with the Supplier’s Schedule of Fees, and the New Client Info section form this Agreement and should be read in conjunction.
3.2. Any Enrolment by the Customer is deemed to be an Enrolment incorporating these Terms and Conditions and may not be varied unless expressly agreed to by the Parties in writing. In the event that an inconsistency exists and/or arises between these terms and the Enrolment it is acknowledged between the parties that these Terms and Conditions will prevail.
3.3. No subsequent correspondence or document or discussion shall modify or otherwise vary these Terms and Conditions unless such variation is in writing and signed by the Supplier.
3.4. The Terms and Conditions are binding on the Customer, his heirs, assignees, executors, trustees and where applicable, any liquidator, receiver or administrator.
3.5. In these Terms and Conditions, the singular shall include the plural, the masculine shall include feminine and neuter and words importing persons shall apply to corporations.
3.6. Where more than one Customer completes this Agreement each shall be liable jointly and severally.
3.7. If any provision of these Terms and Conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired and the offending provision shall be deemed as severed from these Terms and Conditions.
3.8. The Supplier may license or sub-contract all or any part of its rights and obligations without the Customer’s consent but the Supplier acknowledges that it remains at all times liable to the Customer.
3.9. The failure by the Parties to enforce any provision of these Terms and Conditions shall not be treated as a waiver of that provision, nor shall it affect each Party’s right to subsequently enforce that provision.
3.10. The Customer acknowledges that the Supplier may detail these Terms and Conditions on its website. In this event, the Terms and Conditions on the Supplier’s website shall apply to any future dealings as between the parties and the Customer is deemed to have notice of any such Terms and Conditions and/or amendments.
4.1. Enrolment will be considered valid when the Customer completes the Enrolment forms online (accepted Terms and Conditions, completed Contact and Availability Sheet), selects and commits to a Coaching Session and the first session of Services has been paid for in advance.
4.2. Any written Schedule of Fees given by the Supplier is valid until the agreed upon Schedule of Fees is varied in writing, and is binding until such time.
4.3. All prices are based on taxes and statutory charges for New Zealand and are current at the time of the Schedule of Fees. Should these vary during the period from the date of the Schedule of Fees to the date of the invoice, the difference will become the responsibility of the Customer and the Customer will be invoiced for the extra charge by the Supplier.
5.1. The Supplier reserves the right to change the Price to the Supplier’s Service in the event of a variation which was previously unknown or unforeseen by the Parties at the time of Enrolment, and notice will be provided in writing by the Supplier within a reasonable time.
5.2. At the Supplier’s sole discretion the Price shall be either:
5.2.1. As detailed on invoices provided by the Supplier to the Customer in respect of Services supplied; or
5.2.2. The Supplier’s Price as for the Schedule of Fees (subject to clause 5.1).
PROVISION OF SERVICES
6.1. The Supplier reserves their right to:
6.1.1. Decline requests for any Services requested by the Customer.
6.1.2. Cancel or postpone appointments at their discretion.
6.2 Unless specified by the Supplier to the contrary in the Enrolment, the Supplier does not warrant that it will be capable of providing the Services at specific times requested by the Customer during the term of this Agreement.
6.3 Subject to otherwise complying with its obligations under this Agreement, the Supplier shall exercise its independent discretion as to its most appropriate and effective manner of providing the Services and of satisfying the Customer’s expectations of those Services.
6.4. In the discharge of its duties, the Supplier shall comply with all reasonable directions of the Customer as to the nature and scope of the Services provided.
6.5. Nothing in the above clause shall effect the Supplier’s right to exercise its own judgment and to utilise its skills as it considers most appropriate in Enrolment to achieve compliance with the said resolutions, regulations and directions or otherwise with its obligations under this Agreement.
7.1 The first invoices will be issued before Services commence, and further invoices will be issued prior to scheduled sessions, courses, and membership periods.
7.2 The Customer must make full payment to the Supplier for each service provided prior to the commencement of the said service.
7.4 At the sole discretion of the Supplier, discounts may be offered.
DISHONOUR OF PAYMENT
8.1. If any payment agreed to by the Customer or by any third party in payment of the Price, is dishonoured:
8.1.1. The Supplier may refuse to supply any further Goods until satisfactory payment is received in full, including bank fees and charges;
8.1.2. The Supplier is entitled to treat the dishonour of the Customer’s payment as a repudiation of this Agreement and to elect between terminating this Agreement or affirming this Agreement, and in each case claiming and recovering compensation for loss or damage suffered from the Customer.
8.1.3. The Customer will be liable for the dishonoured payment fee cost.
9.1. Invoices issued by the Supplier shall be due and payable prior to the commencement of the relevant scheduled session (“Default Date”). Without prejudice to any other rights of the Supplier, the Customer may be charged account administration fees on any payment in arrears.
9.2. If the Supplier does not receive payment for the Services on or before the Default Date, the Supplier may, without prejudice to any other remedy it may have, forward the Customer’s overdue account to a debt collection agency for further action. The Supplier acknowledges and agrees that:
9.2.1. After the Default Date, the Outstanding Balance shall include, but not be limited to, all applicable fees and charges under this Agreement;
9.2.2. The Supplier may, in its discretion, calculate interest at the rate of 2.5% per month compounding.
9.2.3. In the event of the Customer being in default of his obligation to pay and the overdue account is then referred to a debt collection agency, and/or law firm for collection the Customer shall be liable for the recovery costs incurred including the commission payable by the Supplier to the agency, fixed at the rate charged by the agency of up to 25% on the base amount outstanding.
9.2.4. In the event where the Supplier or the Supplier’s agency refers the overdue account to a lawyer the Customer shall also pay as a liquidated debt the charges reasonably made or claimed by the lawyer on the indemnity basis.
RISK AND LIABILITY
10.1. The Customer will ensure when enrolling the Client that there is sufficient information to enable the Supplier to execute the Service.
10.2. The Customer is responsible for ensuring that the Supplier is made aware of any special requirements pertaining to the Enrolment and that the Supplier relies upon the integrity of the information supplied to it.
10.3. The Supplier takes no responsibility and will not be liable for any damages or costs resulting in the Services being deficient as a consequence of insufficient information provided by the Customer.
10.4. The Supplier makes no guarantees or representations as to outcomes achievable by the Client.
10.5. The Supplier takes no responsibility for representations made in relation to the Services or any delay in the provision of the Services made by a third party or third party provider.
10.6. The Customer acknowledges the nature of the Services provided by the Supplier which takes reasonable steps to provide the Services with attention to safety.
10.7. The Customer shall indemnify the Supplier on demand against any appropriate medical fees incurred in the event that the Client is injured and further agrees to indemnify and keep indemnified the Supplier against all reasonable costs, charges, expenses, liabilities, outgoings and/or payments, which the Supplier is liable to pay or incur in providing the Services.
10.8. The Customer indemnifies the Supplier against any applicable bank fees relating to the reversal of any credit card payment authorised by the Customer and charged by the Supplier.
11.1. The Supplier warrants that the Customer’s rights and remedies in this Agreement arising from a warranty against defects are in addition to other rights and remedies under any applicable law in relation to the services to which the warranty relates.
11.2. The Supplier does not purport to restrict, modify or exclude any liability that cannot be excluded under the Consumer Guarantees Act 1993 or any related or complementary legislation or regulations as in force and amended from time to time. Claims made under Warranty
11.3. Subject to clause 11.1 and 11.2 of this Agreement claims for warranty should be made in one of the following ways:
11.3.1. The Customer must send the claim in writing together to the Supplier’s business address stated in clause 2.1 of this Agreement;
11.3.2. The Customer must email the to the Supplier on [email protected] .
TERMINATION AND CANCELLATION Cancellation by Supplier
12.1. The Supplier may cancel any Enrolment to which these Terms and Conditions have been signed at any time before payment is made by the Customer by giving written notice to the Customer.
12.2. Without prejudice to the Supplier’s other remedies at law, the Supplier shall be entitled to cancel or suspend all or any part of any Enrolment of the Customer which remains unfulfilled and all amounts owing to the Supplier shall, whether or not due for payment, become immediately payable in the event that:
12.2.1. Any money payable to the Supplier becomes overdue; or
12.2.2. The Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
12.2.3. A receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer. Cancellation by Customer
- Sessions cannot be cancelled by the Customer unless a written cancellation notice is provided to Supplier via email and approved by the Supplier.
- A cancellation notice may be rejected by the Supplier in the event that it is not provided to the Supplier twenty-four (24) hours in advance of the scheduled session.
- If a cancellation notice is approved by the Supplier, the Customer covenants that:
12.5.1. The Customer has already paid for the Session and will not receive a refund.
12.5.2. The Customer is entitled to a Make-up session no later than six (6) months following the Canceled session.
12.5.3. Unless a Make-up Lesson is scheduled prior to the conclusion of six (6) months following the Canceled session, the Customer forfeits any entitlement to the Make-up Session.
12.5.4. The Make-up Session is fixed and final and cannot be altered.
12.5.6. If a Client is unable to attend a Make-up Lesson, the Customer and Client forfeit any entitlement to reschedule the session.
12.5.7. Make-up Sessions are non-refundable.
- If a cancellation notice is rejected by the Supplier, the price of the session is non-refundable.
Termination of Service
12.8. Termination of services by the Customer must be provided to the Supplier in writing.
12.9. If services are terminated by the Customer:
12.9.1. The Customer covenants that he will not receive a refund for invoices already paid.
12.9.2. At the sole discretion of the Supplier, the Customer may be offered a refund for Sessions.
12.9.3. If services are terminated before the end date stipulated by the Supplier at the point of Enrolment, then the Customer is liable for all invoices and fees until that date, regardless of when the Customer terminates Services.
13.1. The Customer shall have no right of set-off in any suit, claim or proceeding brought by the Supplier against the Customer for default in payment.
13.2. The Customer acknowledges that the Supplier can produce this clause in bar of any proceeding for set-off.
14.1. The Supplier is not responsible to provide insurance cover for the Client. The Customer is responsible to effect whatever insurance cover they requires at their own expense.
15.1. The Supplier will not be held responsible for any delay/inability to conduct the session due to inclement weather, technical difficulties, electricity or internet disruption, failure of the Customer to provide required Items or changes requested to be made by the Customer and/or in any circumstances beyond the Supplier’s reasonable control.
16.1. This Agreement is deemed to be made in New Zealand and all disputes hereunder shall be determined by the appropriate courts New Zealand.
PRIVACY ACT 1988
17.1.The Customer and/or the Guarantor/s agrees;
17.1.1. That the Supplier may exchange information about the Customer and the Guarantor/s with those credit providers either named as trade referees by the Customer or named in a consumer credit report issued by a credit reporting agency.
17.1.2. The Customer consent to the Supplier being given a consumer credit report to collect overdue payment on commercial credit under the New Zealand Privacy Act 2020 and the Credit Contracts and Consumer Finance Act 2000.
18.1. These Terms and Conditions as defined in Clause 3.1 constitute the whole Agreement made between the Customer and the Supplier.
18.2. This Agreement can only be amended in writing signed by each of the parties.
18.3. All prior discussions and negotiations are merged within this document and the Supplier expressly waives all prior representations made by him or on his behalf that are in conflict with any clauses in this document in any way.
18.4. Nothing in these Terms and Conditions is intended to have the effect of contravening any applicable provisions of the Consumer Guarantees Act 1993 or the Fair Trading Act 1986 in New Zealand.