Terms & Conditions

These Terms of use (these “terms”) represent an agreement between you and Tracey Spencer in her capacity as owner of Tracey Jean Spencer ABN 78 867 519 782 (“Coach”) and (“Client”) for group coaching services and online program offerings. This Agreement has been reached after an offer and acceptance was made to Client and in exchange for adequate consideration.

Tracey Spencer is a company that provides individuals with life coaching services to assist them to live with more purpose through growing their self-awareness and removing the mindset blocks keeping them from their highest potential. Tracey Spencer offers an online program to support Clients in reaching their full potential called the Creative Vortex (the “Program” or “Group Program”).

The purpose of the Program is to provide the Client with coaching, guidance and strategies to support them in reaching their full potential and make steps towards their dreams in the Group Program. This will be done through audio and video training recordings to provide tools and support to work on the Client’s mindset, to enhance their self-belief, and help them overcome fears and limiting beliefs that are stopping them from taking action; and interactions between the Coach and Client throughout the Term of this Agreement.

1. TERM

This Term of this Agreement shall be from purchase date of program. 

2. DISCLAIMER AND COACHING DEFINITION

For the purposes of the Program, the Coach is not an employee, personal social media manager, personal marketing manager, lawyer, accountant, psychiatrist, psychologist, therapist, public relations manager, personal brand advisor, one-on-one coach, counsellor, business operations manager, financial analyst, business executive, or other agent of Client’s business. Client understands that coaching is working with the Coach to help Client think through and analyse decisions and assist Client with finding his/her/their own direction. The Coach may offer her opinion regarding decisions, but it is the responsibility of the Client to make the final decision and choose the best option for his/her/themselves.

 

Coaching Services defined: The Coach is a Spiritual Life & Business Coach, who offers the following Coaching Services as part of the Group Program: assisting Clients to claim their self-worth and master their mindset, by providing guidance and insight so they can step into the highest vision for their life and business.

 

Coaching Services do not include: 1) procuring business or potential clients for Client; 2) performing any business management services for Client, such as social media marketing, brand advising, accounting, operations, research, or development; 3) therapy sessions in the form of psychotherapy, psychoanalysis, or behavioural therapy; 4) publicity, public relations and/or social media marketing services; 5) legal or financial advice; 6) introduction to Coach’s professional network and business relationships; or 7) one-on-one Coaching Services.

 

Client hereby acknowledges that Client is solely responsible for the amount and type of results and/or other income that Client generates by implementing techniques and advice provided by Coach. Client also acknowledges that he/she/they are solely responsible for any decision to leave his/her/their other career, job or profession in order to pursue Client’s business idea and indemnifies Coach from any liability regarding said decision. Similarly, Client also agrees that he/she/they are solely responsible for any personal decision and indemnifies Coach from any liability regarding said decision.

3. COACH’S RESPONSIBILITIES

Coach promises to provide educational support materials, such as workbooks and/or video modules and audio trainings, to assist the Client in better understanding the techniques of this program. 

 

4. CLIENT’S RESPONSIBILITIES

Coach’s Program has been developed for educational purposes only. Coach has established her proprietary Program in order to educate and inspire Client to pursue his/her/their personal goals. However, Client hereby acknowledges that Coach does not guarantee Client’s goals, whatever the goals may be, Client will have an improved likelihood of attaining his/her/their goals by completing and implementing the advice and techniques in the Program. Client accepts and agrees that Client is 100% responsible for his/her/their results from the Program. Client acknowledges that, as with any business endeavour and investment, there is an inherent risk associated. As such, Client agrees there is no guarantee that Client will attain his/her/their goals by simply completing the Program.

 

Nevertheless, Client acknowledges that he/she/they can optimize her potential results from the Program by adhering to the following:

Completion of all Program material, including assignments and worksheets if applicable;
Committing to the Program;
Taking 100% responsibility for Client’s results, 100% of the time.

 

5. REFUND POLICY

Tracey Spencer does not offer refunds including change of mind refunds for Creative Vortex.

 

6. PAYMENT AND FEES

Client has four payment options to purchase the Program: A) an early bird one-time fee, due in-full before the Start Date; or B) an early bird two-month payment plan, outlined below; or C) a one-time fee, due in-full before the Start Date; or D) a two-month payment plan, outlined below; 

NOTE: A partial payment of one instalment of the payment plan shall be treated as a commitment to pay the entire fee for the Program. By submitting a partial payment, Client understands that he/she/they are contractually bound to make all payments in the timeline outlined in Section 6(B/D).

Client hereby agrees to pay in accordance with one of the following plans:

A. EARLY BIRD ONE-TIME FEE
One (1) payment of three hundred and ninety-seven Australian Dollars ($397 AUD), which is due immediately upon signing and execution of this Agreement. No Coaching Services shall commence under any circumstances until full payment is rendered by Client; or

B. EARLY BIRD PAYMENT PLAN
Two (2) payments of two hundred and twenty-two Australian Dollars ($222 AUD) totalling four hundred and forty-four Australian Dollars ($444 AUD), which shall be paid in accordance with the schedule below in order to avoid late fees;
The first payment of two hundred and twenty-two Australian Dollars ($222 AUD) is due immediately upon signing and executing this Agreement;
The second payment of two hundred and twenty-two Australian Dollars ($222 AUD) is due within thirty (30) days of the Start Date of this Agreement;

C. ONE-TIME FEE:
One (1) payment of four hundred and ninety-seven Australian Dollars ($497AUD), which is due immediately upon signing and execution of this Agreement. No Coaching Services shall commence under any circumstances until full payment is rendered by Client; or

D. PAYMENT PLAN:
Two (2) payments of two hundred and seventy-five Australian Dollars ($275 AUD) totalling five hundred and fifty Australia Dollars ($550 AUD), which shall be paid in accordance with the schedule below in order to avoid late fees;
The first payment of two hundred and seventy-five Australian Dollars ($275 AUD) is due immediately upon signing and executing this Agreement;
The second payment of two hundred and seventy-five Australian Dollars ($275 AUD) is due within thirty (30) days of the Start Date of this Agreement;

Late Fees – Coach understands that, from time to time, there are issues with payment. All payments must be received by Coach within five (5) days of the due date for that instalment. Any payments not received within five (5) days of their due date shall be subject to a late fee of twenty-five Australian Dollars ($25.00 AUD). Any payments not received within fifteen (15) days of their due date will result in Client’s breach of this Agreement and may result in termination of Coaching Services.

 

7. TERMINATION

Coach is committed to providing quality service to all Clients. However, from time to time, situations arise that require the Coach to terminate the Agreement before the Term ends. As such, Coach reserves the right to terminate the Agreement “for cause” at any time during the Agreement, which includes, but is not limited to, the following causes: 1) Client fails to follow Program guidelines; 2) Client is abusive or harasses Coach or other members of the Program; 3) Client refuses to pay or does not pay within the schedule outlined in Section 7 above; 4) Client proves to be difficult to work with; or 5) for any other legitimate business purposes in the best interest of Coach. If any of the following causes the Coach to terminate the Agreement, Client is still liable to pay the entire cost of the Agreement.

8. CONFIDENTIALITY, INTELLECTUAL PROPERTY, LIMITED LICENSE

Confidential Information –

Tracey Spencer takes pride in its proprietary information included in each Program. As such, Client agrees and acknowledges all Confidential Information shared through this Program and by the Coach is confidential, proprietary, and belongs exclusively to Tracey Spencer.

“Confidential Information” includes, but is not limited to:
Any systems, sequences, processes or steps shared with Client;
Any information disclosed in association with this Agreement;
Any trade secrets in connection with the Program or Tracey Spencer business practices.

Testimonials –

Coach also agrees to protect Client’s Confidential Information. However, from time to time, Tracey Spencer may use general statements about Client’s success as social proof and part of its marketing strategy. By signing this Agreement, Client agrees to Coach sharing Client’s success stories as testimonials on Coach’s website and/or social media.

Intellectual Property –

This Program, content and products contain intellectual property owned by Tracey Spencer. This Agreement is intellectual property owned by Tracey Spencer. Other examples of intellectual property found on our website and within our products and Services include, but are not limited to: trademarks, service marks, layout, logos, business name, design, text, written copy, certain images, podcast recordings, videos, audio files, and all of our paid products (collectively referred to as “Intellectual Property”). You shall not copy, publish, transmit, transfer, sell, create derivative works from, reproduce, or in any way exploit any of the Intellectual Property owned by Tracey Spencer described within this Section in either whole or part without prior written consent.

Limited License –

Tracey Spencer grants only a limited, personal, non-exclusive and non-transferable license to Client to use the Intellectual Property for your personal and internal business use. You acknowledge that any and all products or Services that you download are for your own personal and internal business use. You shall not copy, reproduce, transmit, modify, edit, create derivative works from, alter, sell, or share with others any products or parts of the Program without prior written consent or unless provided otherwise.

If the Client is also a business owner in a similar industry, Client must not misappropriate any of Coach’s intellectual property and proprietary information in the following manner:
Teaching Client’s personal clients any of the information, methods, solutions, or formulae owned by Coach and passing it off as her own;
Copying any of Coach’s course material for Client’s personal use;
Copying, publishing, transmitting, transferring, selling, creating derivative works from, reproducing, or in any way exploiting any of the Intellectual Property owned by Coach in either whole or part without prior written consent.

9. INDEMNIFICATION / LIMITATION OF LIABILITY

Client hereby acknowledges that neither Coach nor Tracey Spencer is liable for any injuries that may arise from Client’s personal decisions based off of his/her/their participation in this program, including but not limited to: a decision to leave a job, a decision to invest in an opportunity, a decision to start a business, any of Client’s business decisions, any of Client’s financial decisions. Client hereby agrees to indemnify and hold harmless both Coach and Tracey Spencer of any claims that may arise after participation in the Program.

10. MISCELLANEOUS

Amendments – We reserve the right to amend this Agreement from time to time. Any amendments must be agreed in writing and executed by both parties.
Headings & Severability – Headings are included for convenience purposes only and shall not affect the construction of this Agreement. If any portion of this Agreement is held to be unenforceable, it shall not affect the remaining portions of the Agreement, which shall remain in full effect. If any portion of this Agreement is held to be unenforceable, then the unenforceable portion shall be construed in compliance with applicable law in a light most favourable to the original intentions of the parties. If the unenforceable portion of the Agreement is found by a competent court of this jurisdiction to be contrary to law, then it shall be changed and interpreted to best reflect the original intentions of the parties, and all other provisions shall remain in full force and effect.
Entire Agreement – This Agreement reflects the entire agreement between the parties. This Agreement trumps any other existing negotiations, communications or Agreements between the parties, whether written, oral, or electronic, and is the full extent of the Agreement between the parties.
All Rights Reserved – All rights not expressly granted in this Agreement are reserved by us.
Governing Law – Tracey Spencer is located in Australia and is subject to the applicable laws governing Australia. The governing law for this agreement is the laws of Western Australia (WA).
Arbitration – Any disputes arising under this Agreement shall first be resolved through a binding arbitration.
Execution – This Agreement may be signed in counterparts. Signatures sent via facsimile and electronic signatures shall be deemed valid.

 

We acknowledge the Whadjuk people of the Noongar nation as the traditional custodians of this country and its waters, and that the core workplace of Tracey Spencer stands on Noongar country. We pay our respects and honour Elders past, present and emerging.