Month-to-Month · No Lock-In
Coaching Services Agreement
Please read the full agreement below before signing
TERMS & CONDITIONS
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By signing this Agreement, the Client:
(a) agrees to engage Lighthause (ABN: 48 554 320 079) to provide the Services described in this Agreement; and
(b) enters into a legally binding Agreement with Lighthause on the terms set out below.
Please read this Agreement carefully and contact Lighthause if you have any questions before signing.
Agreement means this Coaching Services Agreement, the Get Started Email, and any other document expressly incorporated by reference.
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended.
Business Day means any day that is not a Saturday, Sunday, bank holiday or public holiday in New South Wales, Australia.
Client means the individual or entity named in this Agreement who is purchasing the Services.
Confidential Information means all confidential information relating to either party's business, including trade secrets, financial information, marketing information, intellectual property, and any materials, frameworks, templates, tools, or login credentials provided by Lighthause.
Fees means the Monthly Fee and any other fees payable under this Agreement.
Force Majeure Event means any event outside the reasonable control of a party, including act of government, accident, fire, natural disaster, pandemic, or industrial action.
Get Started Email means the email sent by Lighthause to the Client prior to the Start Date, setting out the details of the Services and Monthly Fee.
Intellectual Property Rights includes all intellectual and industrial property rights worldwide, including copyright, trademarks, designs, trade secrets and domain names.
Licensed Materials means selected templates, handouts and written resources made available for download by Lighthause to the Client during the Term.
Material Breach means: (a) by the Client - failure to pay Fees; breach of the Code of Conduct; breach of confidentiality; or material breach of any provision; (b) by Lighthause - breach of confidentiality or material breach of service delivery obligations.
Monthly Fee means the recurring monthly fee for the Services as set out in the Get Started Email.
Personal Business means the business for which the Services are intended to benefit, as notified by the Client to Lighthause.
Services means all coaching, marketing and related services provided by Lighthause to the Client during the Term, as described in the Get Started Email.
Start Date means the date the Client begins receiving the Services, as set out in the Get Started Email.
This Agreement commences on the Start Date and continues on a rolling month-to-month basis until terminated in accordance with clause 7.
4.1 Delivery of Services
(a) Lighthause agrees to perform the Services during the Term with due care and skill.
(b) Lighthause may provide the Services using its employees, contractors and other third-party service providers.
(c) Services may be delivered face-to-face, via online platforms, video conferencing, email, telephone or any combination thereof.
4.2 Changes to Services
(a) Lighthause may, from time to time and with reasonable written notice, amend the content, structure, delivery or inclusions of the Services.
(b) Any additional inclusions provided to the Client as part of the Services are only available during the Term.
4.3 Additional Costs
The Fees do not include costs of any additional materials, equipment, software, travel, accommodation or resources required by the Client. The Client is solely responsible for these costs.
4.4 Third Party Engagements
(a) If the Client wishes to engage any third party introduced by Lighthause, the Client must engage that third party directly.
(b) Lighthause may receive a referral fee from third parties. The Client acknowledges and consents to this arrangement.
5.1 Monthly Fee
(a) The Monthly Fee is due and payable on the same date each month from the Start Date.
(b) The Monthly Fee is disclosed in the Get Started Email prior to the Start Date.
(c) Services will not commence until the first Monthly Fee has been paid in full.
5.2 Method of Payment
(a) Lighthause accepts payment by credit card, debit card or direct deposit.
(b) The Client must ensure sufficient cleared funds are available on each Billing Date.
(c) All Fees are payable in Australian dollars and are inclusive of GST.
(d) Fees paid for the current billing period are non-refundable. No partial refunds will be issued for cancellations made mid-month.
5.3 Overdue Fees
Lighthause reserves the right to suspend Services immediately if any Fees remain overdue for more than 30 days. Services will not recommence until all outstanding amounts are paid.
5.4 GST
All Fees quoted and charged by Lighthause are inclusive of GST. No additional GST will be charged on top of the stated fees.
6.1 Client Warranties
The Client warrants that:
(a) They will cooperate with Lighthause and provide accurate, complete and up-to-date information;
(b) Any information provided to Lighthause is true, correct and complete;
(c) They will promptly inform Lighthause of any concerns regarding the delivery of Services;
(d) They will not record any Lighthause sessions, workshops or events without prior written consent.
6.2 Client Acknowledgements
The Client acknowledges that:
(a) The Services will not automatically cause the Personal Business to be successful;
(b) Lighthause does not operate or grow the Personal Business on behalf of the Client;
(c) Lighthause will not be liable for any negative impacts of the Client's actions;
(d) Lighthause may photograph or record sessions for marketing purposes;
(e) Information provided by Lighthause is general in nature and not tailored advice;
(f) Information from Lighthause does not constitute legal, financial or professional advice;
(g) Suggestions from Lighthause must not be solely relied upon - independent advice should be sought;
(h) Any earnings projections are estimates only - no specific results are guaranteed;
(i) Results will vary based on individual effort, market conditions and other factors;
(j) There are no guarantees as to the level of success the Client may achieve;
(k) Testimonials represent exceptional results and are not a guarantee of outcomes;
(l) There are always unknown and unforeseeable risks which may affect results.
6.3 Client Obligations
(a) The Client has had the opportunity to seek independent legal and financial advice.
(b) The Client will not, during the Term and for 12 months after, solicit or attempt to engage any Lighthause employee, contractor or representative.
7.1 Cancellation by Either Party
Either party may cancel this Agreement at any time by providing 30 days written notice. There is no minimum term, no lock-in period, and no early termination fees. The final billing cycle within the notice period will be charged in full and is non-refundable.
7.2 Immediate Termination by the Client
The Client may terminate immediately if Lighthause has engaged in illegal activities or committed a Material Breach and failed to remedy it within 10 Business Days of written notice.
7.3 Immediate Termination by Lighthause
Lighthause may terminate immediately if the Client has engaged in illegal activities or committed a Material Breach.
7.4 Obligations Upon Termination
(a) The Client must immediately cease using all Lighthause Materials and Confidential Information.
(b) Lighthause will remove the Client's access to all Services, platforms and resources.
(c) All outstanding Fees must be paid within 10 Business Days of the Termination Date.
(a) The Client agrees to raise any concerns directly with Lighthause before taking any other action.
(b) Both parties agree not to post or publish any content that is defamatory, disparaging, or that would bring the other party into disrepute.
(a) Lighthause collects Personal Information for the purpose of providing Services, processing payments and communicating with the Client.
(b) Lighthause will handle Personal Information in accordance with the Privacy Act 1988 (Cth).
(c) Lighthause will not disclose Personal Information to any third party except where required to deliver the Services or required by law.
10.1 Lighthause will not disclose the Client's Confidential Information to any third party except as required to deliver the Services.
10.2 The Client agrees not to disclose Lighthause's Confidential Information to any third party, and must use it only for the development of their Personal Business.
10.3 Confidentiality obligations survive termination of this Agreement for a period of 2 years.
11.1 All materials, resources, frameworks and content provided by Lighthause are owned by or licensed to Lighthause. Nothing in this Agreement transfers Intellectual Property Rights to the Client.
11.2 Lighthause grants the Client a non-exclusive, revocable, non-transferable licence to use Licensed Materials solely for personal, non-commercial use in developing the Personal Business.
11.3 The Client must not copy, modify, distribute, sell or transfer Licensed Materials to any third party. The licence is automatically revoked upon failure to pay any Fees.
The Client agrees to indemnify and hold harmless Lighthause, its employees, agents and representatives against all claims, liabilities and expenses arising from:
(a) any information provided by the Client that is inaccurate, incomplete or misleading; or
(b) any breach by the Client of this Agreement,
except to the extent caused by any negligent act or omission of Lighthause.
(a) Except as required by the Australian Consumer Law, Lighthause makes no warranties as to the suitability or quality of the Services.
(b) Neither party will be liable for any incidental, special, indirect or consequential loss, or loss of profits, revenue or business, however caused.
(c) Lighthause's total liability will not exceed the total Fees paid by the Client in the three months preceding the event giving rise to the claim.
(d) Nothing in this clause limits rights the Client may have under the Australian Consumer Law that cannot be excluded by contract.
(a) Lighthause will not be liable for any delay or failure to perform obligations where such failure is caused by a Force Majeure Event.
(b) If Lighthause is prevented from performing for 2 months or more due to a Force Majeure Event, either party may terminate this Agreement by written notice.
The Client must:
- Comply with all applicable laws and ethical standards;
- Maintain confidentiality of information shared by Lighthause;
- Treat all Lighthause staff and other clients with respect and professionalism;
- Conduct themselves with honesty and integrity;
- Not engage in any activity that may harm Lighthause's reputation;
- When referencing Lighthause on social media, maintain a professional tone and ensure all information shared is accurate.
Failure to comply may result in immediate termination of this Agreement.
16.1 Variation: Lighthause may amend this Agreement at any time by giving 10 Business Days prior written notice. The Monthly Fee will not be increased without the Client's written consent.
16.2 Relationship: This Agreement does not create a partnership, joint venture, employment or agency relationship.
16.3 Severance: If any provision is unenforceable, it will be interpreted as narrowly as necessary or severed.
16.4 Jurisdiction: This Agreement is governed by the laws of New South Wales, Australia.
16.5 Entire Agreement: This Agreement supersedes all prior agreements, representations and arrangements.
16.6 Survival: Clauses 2, 5, 7.4, 8, 9, 10, 11, 12, 13, 14 and 16 survive termination.
— End of Agreement —
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Lighthause ABN 48 554 320 079 · Governed by the laws of New South Wales, Australia
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