Terms and Conditions for CleverMcDonald Coaching and Mentoring Services
1. Introduction
These Terms and Conditions ("Terms") apply to all services provided by CleverMcDonald ("the Coach" or "the Mentor") to clients ("Client"). The Client may be an individual or an organisation ("the Company"). By engaging in coaching and/or mentoring services with the Coach, the Client agrees to these Terms.
Coaching and mentoring are distinct but complementary services. Coaching focuses on facilitating personal or professional development by helping the Client clarify goals and develop strategies, while mentoring involves sharing knowledge, expertise, and guidance, typically from a more experienced individual (the Mentor) to a less experienced person (the Mentee). These services are designed to support the Client (or the Employee, where applicable) in achieving specific goals.
2. Scope of Services
The Coach and Mentor provide a combination of coaching and mentoring services tailored to the Client’s needs. These services may include, but are not limited to, the following:
• Personal and professional development
• Leadership development
• Career coaching and career transition support
• Business and executive coaching
• Skill-building and performance enhancement
• Strategy development and problem-solving
• Knowledge sharing, advice, and guidance from a more experienced individual (for mentoring)
The specific approach (coaching, mentoring, or a blend of both) will be agreed upon by the Client and the Coach at the outset of the engagement.
3. Responsibilities of the Client
• Active Participation: The Client (or their Employee, if applicable) agrees to actively engage in both coaching and/or mentoring sessions, taking responsibility for applying insights gained to achieve the desired outcomes.
• Communication: The Client agrees to provide honest and relevant information to the Coach, participate in sessions with an open mind, and engage in constructive dialogue. If the Client is an organisation, the Company agrees to ensure that the Employee is made available for sessions and is supportive of the process.
• Respectful Conduct: The Client (or Employee) agrees to engage in coaching and mentoring sessions with professionalism, respect, and a willingness to learn.
4. Booking and Payment
• Session Scheduling: Sessions will be scheduled in advance, based on mutual availability. The Client (or Company representative) will be responsible for confirming these appointments with the Coach.
• Payment: Payment for coaching and mentoring services is due in advance of each session or agreed package of sessions, unless otherwise agreed. The Client will ensure payments are made promptly. Accepted payment method is by bank transfer.
• Refunds and Cancellations: Cancellations or rescheduling must be done with 24 hours notice. Cancellations made within 24 hours of the scheduled session will incur a cancellation fee of 50% of the session fee. No refunds will be provided for missed sessions unless otherwise agreed.
5. Confidentiality
• The Coach and Mentor will maintain the confidentiality of all information disclosed during coaching and mentoring sessions, except where:
o The Client (or Employee) provides explicit consent to share certain information.
o The Coach or Mentor is legally required to disclose information, such as when there is a risk of harm to the Client, Employee, or others.
• If the Client is a Company, confidentiality will be maintained regarding the Employee’s participation in coaching or mentoring. Reports or updates about the Employee’s progress will only be shared with the Company with the Employee's consent, and only as necessary.
6. No Guarantee of Results
• The Coach and Mentor make no guarantees regarding specific outcomes or results from coaching and mentoring. The success of these services depends on various factors, including the Client’s (or Employee’s) commitment, effort, and external circumstances.
• The Coach and Mentor are not liable for any direct or indirect damages, losses, or failure to achieve results from the services provided.
7. Code of Conduct
• The Coach and Mentor commit to providing high-quality services in accordance with relevant ethical standards. The Client (or Employee) is expected to maintain a respectful, open-minded, and professional attitude during all coaching and mentoring sessions.
• In cases of inappropriate or disruptive behavior, the Coach or Mentor reserves the right to suspend or terminate the coaching or mentoring relationship.
8. Intellectual Property
• All materials provided by the Coach or Mentor during coaching and mentoring sessions (e.g., documents, worksheets, templates, training materials) remain the intellectual property of the Coach or Mentor. These materials are for personal or internal use only and may not be reproduced, shared, or distributed without prior written consent from the Coach or Mentor.
9. Limitation of Liability
• The Coach and Mentor are not liable for any direct, indirect, incidental, or consequential damages, losses, or claims arising from the coaching or mentoring services, including personal, professional, or financial consequences experienced by the Client or Employee.
10. Dispute Resolution
• In the event of a dispute, the Client agrees to attempt to resolve the issue through informal negotiation with the Coach or Mentor. If a resolution cannot be reached, both parties agree to consider alternative dispute resolution mechanisms, such as mediation.
11. Termination of Services
• Either the Client or the Coach/Mentor may terminate the coaching or mentoring relationship at any time, with written notice. The Client will be responsible for payment for sessions completed before termination.
• Upon termination, the Client agrees to settle any outstanding payments for services rendered.
12. Privacy Policy
• The Coach and Mentor comply with applicable privacy laws, including the Privacy Act 1988 (Cth), to protect personal information provided by the Client. Any data shared during coaching or mentoring sessions will be used exclusively for the purpose of those services and will not be disclosed to third parties without the Client’s consent, except where required by law.
13. Jurisdiction
• These Terms are governed by the laws of Victoria, Australia. Any legal disputes arising from these Terms will be subject to the jurisdiction of the courts in Victoria.
14. Changes to Terms
• The Coach and Mentor reserve the right to modify or update these Terms at any time. The Client will be notified of any changes, and the updated Terms will apply to all future coaching and mentoring sessions unless otherwise agreed.
Acknowledgment
By booking a coaching or mentoring session with the Coach or Mentor, the Client acknowledges that they have read, understood, and agreed to these Terms and Conditions. If the Client is a Company, the Company acknowledges that they have informed and received consent from the Employee to engage in coaching or mentoring services.
Contact Information
If the Client has any questions or concerns regarding these Terms and Conditions, please contact CleaverMcDonald at:
• Email: info@cleavermcdonald.com.au
• Phone: 0400 867 098
• Website: cleavermcdonald.com.au