This Coaching (“Service”) Client Agreement (“Agreement”) is made between (“you” or “your” or “client”) and Ziva Trust ABN 16 743 820 958 trading as Jessica Osborn (“Company”, “I” or “we”).

Unless otherwise agreed by the Parties, a Party must not disclose the terms of this contract or anything related or connected to this contract to a third party unless the other party has agreed via written consent.

This agreement is not intended to create a partnership, joint venture or agency relationship between the Parties.

You have relied entirely upon your own enquiries and inspections of engaging with Jessica Osborn.

Neither party shall be liable to the other for any loss of income or contracts, loss of profit (direct or indirect) or for any incidental, indirect, special or consequential loss or damage arising out of or in connection with the agreement.

 

Communication timeframes:

Jessica Osborn will endeavour to reply to all emails within 48 hours with the exception of weekends in which Jessica reserves the right to wait until Monday to reply. Should your email be received after 3pm (Australian Eastern Standard Time) it may be the next day before you receive a reply.

 

Conflict resolutions:

Should you find yourself dissatisfied with any part of the Service, you agree to raise it with Jessica immediately so the issue can be addressed. Providing a service that you are happy with is extremely important and honest feedback and/or concerns are welcomed.

 

Service:

Service is provided in line with the offer you have been provided. Should your needs extend outside of the service scope, Jessica will inform you in writing.

 

Privacy:

I respect your privacy and will keep all details of our discussions confidential unless agreed between both of us. I shall not, either directly or indirectly, communicate or disclose, make available to, or use for my own benefit or for the benefit of any other person or entity your ideas, know-how, business practices, concepts and techniques, plans, trade secrets, and other confidential and proprietary information (collectively, “Confidential Information”). You agree to respect and keep confidential the Confidential Information of the Company.

 

Copyright and Intellectual Property Rights:

You agree that you will not share, resell, repurpose or pass off as your own, any of the knowledge, templates, tools or training advice provided by Jessica Osborn through any courses, programs or private coaching. Jessica Osborn retains all rights to the content she provides.

 

Opinions:

The techniques and advice given either verbally, written or described in accompanying material represent the opinions of Jessica, based on her experience as a marketing professional, consultant, and entrepreneur.

Jessica expressly disclaims any responsibility for any liability, loss or risk, personal or otherwise, which is incurred as a result of using any of the techniques, strategies or recommendations suggested herein.

 

Payments, Cancellations and Refunds

Payments are made in advance and non-refundable, except if a guarantee has been given and duly complied with. Special circumstances may attribute a cancellation, however no refunds will be provided - except according to any guarantee terms on the offer you purchased.

 

Payment Plans

Payment plans are provided for ease of cash flow. If you select a payment plan, you acknowledge that you're committing to pay out the full amount, regardless of whether you complete the content.

Payments are made in advance, and via subscription payment from your nominated credit card or account. You are responsible to ensure your card is current and to update the details for any expired card before the next payment. 

After 1 failed payment, Jessica Osborn reserves the right to terminate your access, if the outstanding payment is not resolved within a reasonable timeframe.  

 

Business JAM and Accelerator Group 

Training sessions and coaching calls are delivered live. Times and dates are selected to suit the majority of members and are regularly reviewed with feedback from the group. You acknowledge that these dates may not always suit you and that the recordings are available for you to access afterwards.

A private Facebook Group is provided for support and collaboration between members. Should you act in a way that is discriminatory, hateful, inappropriate or offensive, I reserve the right to terminate your program access immediately. Your access to the portal will be removed and payments will be cancelled, however there will be no refund for the current month, or previous months.

Business JAM online content and Facebook Group is 'lifetime access' (see below). 

Accelerator Coaching Group is delivered in a separate platform and access is provided only while you are a current paying member. Once you terminate your membership to this group, your access is removed. Should you wish to keep recordings for your private use, you may do so prior to your access ending. Note that this content is bound by the rights stated above and you may not share with other parties or repurpose the contents as your own.

 

Private Coaching Programs

Our agreement is for the term stated on the package you enrolled in. 

A grace period of up to 4 weeks is provided to allow for any circumstances out of your control that resulted in you needing to delay your session schedule. 

Any sessions that have not been completed at the end of your coaching program, plus the 4 week grace period, are forfeited. 

Recordings are provided for your private records. 

 

Lifetime access meaning

You acknowledge that 'lifetime access' means the period of time the program is in existence and available for purchase, including updates. Should the Company decide to close a program, access may be discontinued. In the event the Company ceases to trade, all program access will be discontinued. 

 

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AGREEMENT

Both the Client and Company have reached an accord in all the terms of this Agreement. The parties acknowledge that this Agreement expresses their entire understanding and agreement, and supersedes all proposals, oral or written, and all communications between the parties relating to the subject matter of this Agreement and that there have been no warranties, representations, understandings made by either party to the other except which are expressly set out in this Agreement.

Jessica Osborn has made every effort to accurately represent the Services and its potential. The testimonials and examples used are not intended to represent or guarantee that anyone will achieve the same or similar results. 

During the Term of Agreement and thereafter, you agree to take no action which is intended, or would reasonably be expected, to harm the Company, its shareholders, officers, directors, agents, employees, contractors, or clients, including other clients, or its or their reputation or which would reasonably be expected to lead to unwanted or unfavorable publicity to the Company, its shareholders, officers, directors, agents, employees, contractors.

You agree that Company’s liability under this agreement is limited to the amount you have paid to Company.

This Agreement is formed in Australia, the principal place of business for Company and this Agreement and the rights of the Parties to this Agreement shall be governed by the laws of Queensland. The parties to this agreement submit to the jurisdiction of the Courts of Queensland and the laws from time to time in force in that state.

In the event of a dispute filed in court, the prevailing party shall be entitled to recover from the non-prevailing party all of the attorney’s fees and costs incurred during the litigation.

This is the entire agreement between you and Company; it supersedes all other negotiations and discussions prior to the execution of this agreement. You agree that no other representations have been made by Company to induce you into entering into this agreement and no modification to the terms of this agreement shall be effective unless in writing signed by both parties.