These Terms of Coaching (‘Terms’) set out the agreement between you (‘Client’, ‘you’ or ‘your’) and Benita Bensch ABN 80 475 746 001 (‘Coach’, ‘we’, ‘us’ or ‘our’) for participation in any coaching sessions, packages or programs offered through benitabensch.com (‘Program’).

By ticking the acceptance box and proceeding with your booking or payment, you agree to be bound by these Terms.

Start Date

These Terms commence on the date you accept them via our online booking system and apply to all Programs booked on that date.

Program & Payment

You may enrol in any of our available coaching Programs. The inclusions, duration and pricing for each Program are detailed on our website or booking platform at the time of purchase.

Payment must be made upfront in full prior to commencement of your Program, except where a 3-session or extended coaching package is purchased, in which case payment may be made across installments.

Exclusions

Our Programs do not include:

• Coaching between sessions

• Additional calls or structured check-ins outside scheduled sessions

• Reviewing documents outside session time

• Session recordings unless requested

• Done-for-you work (writing, editing, planning, admin, or business strategy)

• Ongoing emergency or crisis support (this is a non-urgent service)

Payment Terms

All payments are to be made in accordance with the payment schedule provided at booking. If payment is not received as required, we may suspend or terminate your access to the Program.

Interest may be charged on overdue amounts at the Reserve Bank of Australia’s cash rate plus 8% per annum, calculated daily and compounding monthly.

Refunds are not provided for a change of mind. If you need to make a change to your confirmed coaching session, you’re able to reschedule or cancel with at least 24 hours notice (we offer one complimentary reschedule per client). Sessions cancelled with less than 24 hours notice are non-refundable.

Where applicable, GST is included in all Australian-based purchases and a valid tax invoice will be provided.

Our Obligations to you

• In consideration of the Payment, we will provide the Program to you. Sometimes we might use other team members to help us deliver the operations of Program. These people could be employees, contractors or agents (Team) and are covered by this Agreement too.

• Our Program includes 1:1 coaching sessions (Coaching Sessions) with you and these will be provided either in person or online.

• If we communicate with you via email or other electronic methods, we are not liable if an email or other electronic message is intercepted and a third party steals your personal or sensitive information, though we will use our best efforts to ensure this type of thing doesn’t happen.

• If this Agreement expresses a time within which the Program is to be provided, you acknowledge and agree that any such time is an estimate only and creates no obligation on us to provide the Program within that time frame, especially if events beyond our control occur.

• If there is a problem with the Program which is caused by a breach of this Agreement by us (Omission), and you have notified us of the Omission within 24 hours after completion of the Program, then, to the maximum extent permitted by law, our liability arising from, or in connection with, the Omission will be limited to us remedying the Omission, or, at our absolute discretion, refunding you that portion of the Payment paid by you with respect to the Omission, where liability means any expense, cost, liability, loss, damage, claim, demand or proceeding (whether under statute, contract, equity, tort, indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability).

Your obligations to us

• You must comply with this Agreement and all of our reasonable requests or requirements, including providing us with all things reasonably necessary to enable us to provide the Program.

• You must be prepared for each Coaching Session and, if applicable, use best endeavours to take action between Coaching Sessions, implement any action plans and remain responsible for your results.

• You must attend Coaching Sessions on time and without distractions.

• You may reschedule 1:1 coaching sessions scheduled with us by providing at least 24 hours notice. If you do not provide 24 hours’ notice, then the session will be forfeited and no replacement or refund will be offered.

• Notwithstanding any other clause in this Agreement, neither Party shall be liable for any delay or failure to attend a Coaching Session if such delay or failure is caused by circumstances beyond their reasonable control, determined at our sole discretion.

Intellectual Property

All intellectual property rights (including copyright) developed, adapted, modified or created by us or our Team (including in connection with this Agreement or the provision of the Program) will at all times remain in our ownership and you agree not to provide our materials or copies of our resources to third parties.

Limitations

Despite anything to the contrary, to the maximum extent permitted by law:

• you warrant that you have not relied upon any warranty, representation, statement, offer or document made or provided by or on behalf of us, whether before or after the Start Date;

• you agree that this Agreement excludes all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in this Agreement;

• our maximum aggregate Liability arising from or in connection with this Agreement will be limited to, and will not exceed, the portion of the Payment paid by you to us for the Program the subject of the relevant claim;
  

  • we will have no Liability, and you release and discharge us from all Liability, arising from or in connection with any:

  • event or circumstance beyond our reasonable control; acts or omissions of you or your Team;

  • defect, error, omission or lack of suitability or benefit (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the Program; and/or

  • loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data; and
    

• you will indemnify us for and against all Liability arising from or in connection with any wrongful act or omission by you or your Team.

Implied terms and consumer guarantees

Subject to the below, and any condition or warranty, which would otherwise be implied in this agreement, is excluded.

Our Liability for breach of a guarantee conferred by the Australian Consumer Law (other than those conferred by sections 51 to 53 of the Australian Consumer Law) is limited to:

• the supplying of the Program again; or

• the payment of the cost of having the Program supplied again.

Privacy and data

We will collect and handle your personal information in accordance with our Privacy Policy available at https://benitabensch.com/privacy-policy. By entering into this Agreement you consent to the collection and use of your information in accordance with that policy.

Coaching Clients - Additional Privacy Details

When you participate in a coaching program or 1:1 session with me, I may collect personal information such as your name, contact details, personal reflections, goals, and notes relevant to our work together. This information is used solely for the purpose of delivering coaching services to you. Session notes are stored securely in password-protected digital files. No information is shared with third parties unless required by law or with your explicit consent. I do not record sessions unless we have mutually agreed to do so.

While I take all reasonable steps to protect your privacy, you acknowledge that electronic communication (including online meeting platforms, email and online forms) carries inherent risks. By engaging in the program, you consent to the use of these communication methods. I retain coaching records for up to 2 years, after which they are securely deleted.

You may request access to, or deletion of, your personal information by contacting me in writing.

Coaching v Therapy

In proceeding with the Program, you understand that coaching is not counselling, therapy or medical treatment. If you require support for a mental health condition or medical issue, you should consult a licensed healthcare provider.

Disclaimer

In engaging us for our Program, you acknowledge and agree that:

• while we do our best to provide you with clear action steps and implementation plans as suited to your needs, as this is a coaching program, your results will depend on your commitment and energy you put into taking action and driving your goals. Though we strive to see you achieve your goals, we cannot guarantee any specific outcomes or results as a result of using our Program; and

• we do not provide medical, legal, therapeutic, psychological, financial or accounting advice. If you have a medical, mental health, legal or financial issue, you should seek advice from an appropriately qualified professional.

Ending this Agreement (Termination)

This Agreement will terminate upon written notice by:

• either party, if mutually agreed in writing between the parties;

• us, if you breach this Agreement and that breach has not been remedied within 5 working days of being notified by us; or

• you, if we breach a material term of this Agreement and that breach has not been remedied or overcome within 15 working days of being notified by you.

Obligations on termination

On termination of this Agreement, you will:

• where this Agreement is terminated under clauses (a) or (b) in the clause above, immediately pay to us the Payment (if not already paid) and all of our additional costs resulting from the termination;

• where this Agreement is terminated under clause (c) in the clause above, immediately pay to us the Payment for the Program performed up to the date of termination (and all other amounts due and payable to us under this Agreement); and

• not use any intellectual property (including copyright) belonging to our us, including any course content.

  Termination of this Agreement will not affect any rights or liabilities that a party has accrued under it.

General

Disputes: A party may not commence court proceedings relating to any dispute under this Agreement (Dispute) without first approaching the other party in good faith to resolve the Dispute, unless that party is seeking urgent interlocutory relief such as an injunction, or the Dispute relates to compliance with this clause.

Confidentiality: Both parties will (and will ensure their respective Teams) keep confidential, and not use or permit any unauthorised use of, any Confidential Information without the prior written consent of the other party, except where the disclosure is required by law, where

Confidential Information includes any information that:

• is disclosed to a party in connection with this Agreement at any time;

• is prepared or produced under or in connection with this Agreement at any time;

• relates to the subject matter of, the terms of and/or any transactions contemplated by this Agreement,

whether or not such information or documentation is reduced to a tangible form or marked in writing as “confidential”, and howsoever you receive that information.

Notices: Any notice given under this Agreement must be in writing addressed to the relevant address in the Proposal. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

Relationship of Parties: This Agreement is not intended to create a partnership, joint venture or agency relationship

between the parties.

Severance: If a provision of this Agreement is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from this Agreement without affecting the validity or enforceability of the remainder of that provision or the other provisions in this Agreement.

Entire agreement: This Agreement contains the entire understanding and agreement between the parties in respect of its subject matter.

Amendment: This Agreement may only be amended by written instrument executed by all parties.

Survival: The clauses under the headings Intellectual Property, Limitations, Disclaimer, Confidentiality and subclause (l) under Our Obligations survive termination of this Agreement.

Governing law: This Agreement is governed by the laws of New South Wales.

A note on accepting this agreement

By submitting your booking, payment or ticking the acceptance box on our website or booking platform, you acknowledge that you have read, understood and agreed to these Terms of Coaching.Your participation also indicates your agreement to these terms.

We have no obligation or liability in connection with the Program until you accept this Agreement.