Coaching Agreement

1 Purpose and acceptance

This agreement is between Kylie Stewart Coaching (KSC, the Coach, I or me) and the person named above (the Client or you). It takes effect when both parties sign it. It applies to your participation in The Comfortable Crossroads and should be read with the KSC Privacy Policy provided or made available to you.

2 The Comfortable Crossroads

The Comfortable Crossroads is a personalised six-week coaching experience for professional women. It combines private coaching, group coaching, between-session support and personally relevant reflection and action.

Unless otherwise agreed in writing, the program includes:

• one private 90-minute Crossroads Clarity coaching session;
• three private 45-minute coaching sessions, held fortnightly;
• six 60-minute group coaching sessions, held weekly;
• one final 90-minute group Momentum Map session;
• WhatsApp support from Monday to Friday during the program; and
• personalised resources where relevant to your needs and what emerges through your coaching.

Private and group sessions are delivered online by Zoom unless the parties agree otherwise. Group sessions occur at the scheduled times provided before the program begins.

3 What coaching is

Coaching is a collaborative, thought-provoking and creative process intended to support insight, choice, goal attainment and meaningful action. It is client-led. You are treated as resourceful, capable and the expert in your own life. The Coach provides attention, questions, reflections, structure and support rather than prescribing how your life should look.

Coaching may involve personal, relationship, wellbeing, career, work, financial or other matters you choose to explore. You remain solely responsible for your decisions, choices, actions and results.

4 What coaching is not

Coaching is not counselling, psychotherapy, psychological treatment, medical care, crisis support or a substitute for those services. It does not diagnose, prevent, cure or treat a mental health condition, medical condition or disease.

Coaching is also not legal, financial, accounting, medical or other regulated professional advice. You must obtain advice from an appropriately qualified professional before acting where such advice is needed. If you are receiving care from a mental health or medical professional, you are responsible for discussing whether coaching is suitable for you.

If a matter falls outside the Coach’s competence or scope, the Coach may pause or end coaching and may suggest that you seek other support. Any referral or resource is a suggestion only and is not an endorsement or obligation.

5 Coach responsibilities

The Coach will:

• listen attentively and without judgement;
• be open, honest, punctual and appropriately responsive;
• use questions, reflections and other coaching skills to support you to uncover your own insights and choices;
• maintain professional boundaries and work within her competence;
• raise concerns if the coaching relationship does not appear to be serving you; and
• follow the International Coaching Federation Code of Ethics and applicable professional standards.

6 Client responsibilities

You agree to:

• participate voluntarily and take responsibility for what you choose to share;
• take responsibility for your decisions, actions, wellbeing and use of coaching;
• engage honestly and respectfully with the Coach and other participants;
• attend sessions punctually and notify the Coach promptly if you cannot attend;
• ask for clarification, support or feedback when needed;
• tell the Coach if you have a concern about the coaching relationship or the program; and
• understand that results cannot be guaranteed and will be influenced by your engagement and actions.

7 Group participation and confidentiality

The group environment depends on trust and respect. You agree to keep confidential the identity, personal information, experiences, comments and contributions of other participants. You must not record, photograph, screenshot, download, copy, reproduce, publish, distribute or share group content or another participant’s information except where KSC has expressly authorised a program replay for your personal viewing.

You control what you disclose and are not required to share anything you prefer to keep private. Although KSC establishes and reinforces confidentiality expectations, KSC cannot guarantee that another participant will comply with them. If you become aware of a privacy or confidentiality concern, notify KSC promptly.

Discriminatory, abusive, threatening, disruptive or persistently disrespectful conduct may result in removal from a session or the program. KSC will act reasonably and, where practicable, discuss concerns before ending participation.

8 Confidentiality and its limits

KSC will keep information shared in coaching confidential and will not disclose it except:

• with your consent;
• where required or authorised by law, legal process or a court order;
• where disclosure is reasonably necessary to respond to a serious threat to a person’s life, health or safety and is legally permitted;
• to professional advisers, supervisors, contractors or service providers who need the information to support KSC’s services and are subject to appropriate confidentiality or privacy obligations; or
• in a de-identified form that does not reasonably identify you.

Confidentiality does not apply to information that is already public through no breach of this agreement, was lawfully known to KSC before disclosure, or is independently received from a lawful source without a duty of confidence.

9 Privacy and personal information

KSC handles personal information in accordance with applicable privacy law and the KSC Privacy Policy. The Privacy Policy explains what information KSC collects, how it is used, the service providers that may process it, overseas processing, retention, security, and how you may request access, correction or make a complaint.

Information may include contact and booking details, payment records, questionnaire responses, coaching notes, communications, information you choose to share about personal or professional matters, and audio or video recordings covered by this agreement. Some information may be sensitive. By voluntarily providing information relevant to coaching, you consent to KSC collecting and using it to deliver and administer the services, subject to this agreement and the Privacy Policy.

You acknowledge that you have been given access to the Privacy Policy and had an opportunity to read it before signing this agreement.

10 Technology and communications

KSC uses third-party technology to operate the program, which may include HighLevel, Zoom, WhatsApp, email, Google Workspace or cloud storage, secure payment providers and other business systems. These providers operate under their own privacy and security terms and may process information outside Australia.

KSC takes reasonable steps to protect information but cannot guarantee that internet transmission or electronic storage will be completely secure. You are responsible for using a private environment, secure devices and appropriate account security when participating.

WhatsApp support is available Monday to Friday during the program. It complements scheduled coaching and is not an emergency, crisis or instant-response service. The Coach will respond within a reasonable period during ordinary business availability.

11 Recording of group sessions

Group coaching sessions, workshops and the final Momentum Map session will be audio and/or video recorded for program delivery, including providing replays to the current participant group, supporting continuity and maintaining limited program records. KSC will notify participants at or before each recorded session.

By signing this agreement and participating in a group session, you consent to your voice, image, display name and contributions being captured. Recording is an integral part of the group program. If you do not wish to be visually identifiable, you may turn off your camera and use an agreed display name, but your voice and contributions will be captured if you speak.

Group replays will be made available only to the current participant group and KSC through the access method selected by KSC. Each replay will remain available for six weeks after the date of the relevant session. Participants must not download, copy, record or share a replay unless KSC expressly authorises this in writing.

KSC will remove routine program-delivery copies within 30 days after replay access ends, unless a copy must be retained to comply with law, manage a dispute, or the relevant material is retained under separate written marketing consent. Service-provider backup copies may remain temporarily in accordance with provider retention cycles.

12 Optional recording of private sessions

Private coaching sessions will not ordinarily be recorded. At your request, and with the express agreement of both you and KSC before recording begins, a private session may be recorded for your personal use.

Access will be restricted to you, KSC and any service provider reasonably required to create, securely store or deliver the recording. The recording will not be shared with other participants or used for marketing, promotional, training or other purposes without your separate express consent. The delivery and deletion arrangements will be confirmed when recording is requested.

13 Marketing use of recordings

Consent to recording for program delivery is separate from consent to use material publicly. KSC will not publish an identifiable recording, image, voice, quotation or contribution for marketing, promotional or educational purposes unless you have voluntarily selected the relevant consent option below and approved the specific excerpt before publication.

Declining promotional use will not affect your eligibility for or participation in the program. If you approve an excerpt, you grant KSC a non-exclusive, royalty-free licence to edit it for length, clarity, captions or format and to publish it through KSC websites, social media, newsletters, emails, presentations, advertisements and other digital or printed material. KSC will not materially alter your meaning.

You may withdraw consent for future use by notifying KSC in writing. KSC will take reasonable steps to stop new use and remove material under its control where practicable. Withdrawal does not require recall of printed or distributed material, or material already incorporated into a completed publication, before KSC received the withdrawal.

14 Testimonials and feedback

If you voluntarily provide a testimonial, review or other feedback, KSC will not publish it unless you authorise publication. Any testimonial must reflect your genuine experience and opinion. KSC may edit approved material for length, spelling or formatting but will not materially change its substance or meaning.

15 Scheduling, attendance and rescheduling

If you arrive late to a private session, the session will ordinarily finish at the scheduled time and the full session will be treated as provided. Where practicable, the Coach may offer the remaining full time, but is not required to do so.

For private sessions, at least 24 hours’ notice is required to reschedule without charge or forfeiture. With less than 24 hours but more than 6 hours’ notice, KSC may charge or retain 50 percent of the allocated session fee. With less than 6 hours’ notice or for non-attendance, KSC may charge or retain the full allocated session fee. KSC may waive these terms in exceptional circumstances at its discretion.

Repeated cancellations or rescheduling may result in a session being forfeited after KSC discusses the concern with you. Rescheduled private sessions must occur within the program period unless KSC agrees otherwise in writing.

Group sessions occur at fixed times and cannot be individually rescheduled. Missing a group session does not entitle you to a refund, credit or replacement session. Where available, you may view the replay during the stated access period.

If KSC must reschedule or cancel a session, KSC will provide reasonable notice where possible and offer a replacement session, credit or other reasonable remedy. Your rights under the Australian Consumer Law are not excluded.

16 Fees, payment, cancellation and refunds

You agree to pay the program fee in accordance with the payment arrangement shown in the Agreement details. Failure to make a payment when due may result in suspension of access until the account is brought up to date.

You may end your participation by notifying KSC in writing. Except where required by law or expressly agreed by KSC, amounts already paid are not refundable and any agreed instalments remain payable because a place and program resources have been reserved for you. Nothing in this agreement excludes, restricts or modifies any consumer guarantee or other right that cannot lawfully be excluded under the Australian Consumer Law.

If KSC ends the agreement other than because of your serious or repeated breach, KSC will refund the portion of fees reasonably attributable to services not provided. If participation is ended because of your serious or repeated breach, KSC will act reasonably in determining whether any refund or outstanding amount applies, subject to non-excludable legal rights.

17 Intellectual property

KSC retains ownership of its program content, frameworks, written resources, exercises, recordings, branding and other materials. KSC grants you a limited, non-exclusive, non-transferable licence to use materials supplied to you for your own personal purposes.

You must not reproduce, modify, distribute, sell, teach, publish, upload, commercially exploit or provide KSC materials to another person without prior written permission. Your own pre-existing material and personal information remain yours.

18 No guarantee and limitation of liability

KSC does not guarantee any particular decision, outcome, financial result, relationship result, wellbeing result or other change. Your results depend on many factors, including your circumstances, engagement, choices and actions.

To the maximum extent permitted by law, KSC is not liable for indirect, consequential or special loss arising from the services or decisions you make. Where liability cannot lawfully be excluded but may be limited, KSC’s liability will be limited to the remedies permitted by law. Nothing in this agreement excludes, restricts or modifies a right or remedy that cannot lawfully be excluded, including under the Australian Consumer Law.

19 Ending the coaching relationship

Either party may end the coaching relationship by written notice. KSC may suspend or end participation immediately where reasonably necessary because of serious misconduct, risk to another participant, unlawful conduct, repeated material breach, non-payment or a matter outside the Coach’s professional scope. Sections concerning confidentiality, privacy, recordings, intellectual property, fees already due, dispute resolution and liability continue after termination where their nature requires it.

20 Concerns and dispute resolution

Please raise any concern with KSC promptly so the parties can try to resolve it directly. If a dispute cannot be resolved by discussion, the parties agree to attempt good-faith mediation before commencing court proceedings, except where urgent relief is required or a legal right prevents this requirement.

A concern about professional conduct may also be raised through the International Coaching Federation’s applicable ethics process. Privacy complaints are handled under the KSC Privacy Policy.

21 Governing law and general terms

This agreement is governed by the laws of Victoria, Australia, and the parties submit to the courts and tribunals with jurisdiction in Victoria, subject to any non-excludable right to bring a claim elsewhere.

This agreement, the Agreement details and any documents expressly incorporated into it record the entire agreement about the program. A change must be agreed in writing. If any provision is invalid or unenforceable, it will be read down or severed to the minimum extent necessary without affecting the remaining provisions. A failure to enforce a provision immediately is not a waiver of it. Electronic signatures and counterparts are permitted.