1. Confidential Information
(a) Any information in relation to the management or operation of the business of Results Workplace Coaching SA Pty Ltd ("RESULTS WPC") including without limitation the intellectual property rights in the processes, techniques, presentations, methodologies, precedents and materials used in the training activities, as well as in its company name and corporate logo and any materials relating to the policies and procedures of coaching) which might be disclosed or made available to me before, during or after this Agreement ("Confidential Information") is and shall be the sole and exclusive property of RESULTS WPC.
(b) I covenant and undertake that I shall keep confidential all Confidential Information and not disclose any Confidential Information to any person, except:
(i) as may be required by law;
(ii) with the prior written consent of RESULTS WPC; or
(iii) to my agents, employees or professional advisers in accordance with my performance of my obligations in being trained as an RESULTS WPC coach.
(c) I undertake to maintain proper and secure custody of all Confidential Information and use reasonable endeavours to prevent the use or disclosure of the Confidential Information by third parties (either by me or my employees, servants or agents) and to promptly notify RESULTS WPC if I become aware of any breach of confidence by any person to whom I divulge all or any part of the Confidential Information and shall give RESULTS WPC all necessary assistance in connection with claim which we may institute against such person for breach of confidence or otherwise.
(d) My obligations under this Clause shall survive the expiration of this Deed and shall be enforceable by RESULTS WPC at any time at law or in equity.
2. Intellectual Property
(a) I acknowledge RESULTS WPC as the sole owner of:
(i) the intellectual property rights in the processes, techniques, presentations, methodologies, precedents and materials used in the training activities, as well as in its company name and corporate logo and any materials relating to the policies and procedures of coaching (as modified from time to time);
(ii) any trade marks, business names, logos and graphic images (whether registered or unregistered) used in connection with its business or which may be as notified by RESULTS WPC to me from time to time;
(iii) all know-how relating to its business including any copyrights, patents, designs, trade secrets, know-how, standard precedents, surveys, questionnaires, research, templates, methods or techniques used in connection with the business of RESULTS WPC;
(iv) any quality assurance systems, manuals or practices used in the business of RESULTS WPC; (v) all other intellectual property used in connection with the business of RESULTS WPC;
(vi) I acknowledge that I shall have no property or other rights or claims in or to any elements of the Intellectual Property. I undertake not to enter into any agreement with any third party to make or produce any Materials for the purposes of my Coaching business. All such materials referred to in paragraphs a(i) and a(ii) shall be taken to be part of the Materials under this Deed.
(b) I shall use the Intellectual Property solely in accordance with the written and oral procedures, instructions and guidelines notified by RESULTS WPC to me (or as set out in the Materials) from time to time. I shall not use or authorise the use of the Intellectual Property for any other purpose except as may be agreed to by RESULTS WPC in writing, nor shall I sell, license, loan, divulge, display or otherwise deal with the Intellectual Property except as specifically provided in this Agreement.
(c) I will make copies of the Intellectual Property (or any other items provided to me by RESULTS WPC in connection with this Agreement) solely for the purposes of my training in accordance with the written instructions of RESULTS WPC but I shall not otherwise make or permit any other person to make any copies of any of the Intellectual Property.
(d) I undertake to indemnify RESULTS WPC against any loss or damage, which RESULTS WPC may sustain or incur as result of the breach by me or my employee, servant or agent of the undertakings in this paragraph.
(e) I acknowledge that my obligations under this paragraph shall survive the expiration of this Deed and shall be enforceable by RESULTS WPC at any time at law or in equity.
3. Training
(a) I acknowledge that the training sessions which I will be required to participate in may be personally, emotionally and physically challenging for me and that there may be occasions on which I will feel emotional challenges including frustration, annoyance or stress. I agree that I have undertaken any necessary tests or investigations with a suitably qualified expert before commencing Training to ensure that I am physically, mentally and emotionally fit for it.
(b) I will not hold you liable for any loss or cost or damages incurred by me (or any person related to me) in the event of mental, physical, emotional stress or distress (or other ailment or condition) caused either directly or indirectly in relation to these training sessions. I will indemnify you in the event of any such claim.
(c) My Workplace Coach Training is for a 3-month period. I acknowledge that my attendance at the training is a necessary aspect of being an effective Coach. I agree to make every effort to attend at the times and places set by you & your Trainers and my operation as a Coach and any entitlements as a Coach pursuant to this Agreement is subject to and conditional upon me completing such training to the satisfaction of the nominated Trainers.
(d) I agree to pay you the full amount of the training program I have agreed to on my Application Form, unless you agree to an alternative payment plan. I understand there may be additional fees to make up sessions if I miss more then one training session. Payment for the Training shall be by way of cheque or electronic transfer payable to "Results Workplace Coaching SA Pty Ltd". The program fee includes all program sessions, professional instruction, reference texts and a workbook. I have also been informed of all other costs ie. Continuing education programs, Business Coaching & Executive Coaching.
4. Refunds
(a) If accepted into the program, my deposit is a non-refundable administrative fee.
(b) If I choose to pull out of the training program, the refund will be calculated on a pro rata basis of training sessions attended versus fees paid. Pro rata does not include the deposit.
(c) No refunds are given once participants have completed more than 50% of training sessions in the workplace coach training program.
(d) If I am asked to leave the training for violating polices and procedure agreed to in the training, no refund will be given.
(e) Refunds must be requested in writing and submitted within 30 days of a participant leaving a program.
5. ICF
(a) In order to accredit our program, the International Coach Federation (ICF) requires access from time to time to audit our records. If accepted into the program, you agree that Results has the right to give the ICF access to your student records, training sessions, mentor calls and certification assessment upon request and where necessary to support our accreditation. |