These Terms and Conditions (Terms) apply to the client using our Services. In using and engaging our Services, you agree to be bound by these Terms as well as any and all general terms and conditions posted on the Website from time to time.

DEFINITIONS

Confidential Information means any written or oral information that is provided or disclosed by either party directly or indirectly through any means that is not already in the public domain, and may include personal information, financial information, business information, and information provided by you or other participants as part of the Services.

Materials means templates, ebooks, literature, workbooks, audio and video recordings, email content, or other material which we may provide you as part of the Services or which enable us to provide the Services to you.

Personal information has the same meaning as set out in the Privacy Act 1988 (Cth).

Services means the group coaching services which may include virtual or in-person coaching calls, group discussion platforms, resources and other tools, Materials, and related services provided by us, and as agreed from time to time.

We, Our, Us and Coach means Helen Kollias t/a The Fearless Sparrow (ABN 75 170 395 649) including all employees, contractors and affiliates.

Website means thefearlesssparrow.com.

Workshop means our group workshop coaching services and sessions offered from time to time.

You means the client using the Services.

What is Coaching?

Coaching is a respectful guided process of interaction and self-discovery over a period of time that encourages and expands your ability to make changes, move forward in new areas and create more of what you desire in your life. Our workshops are designed to help individuals build confidence, overcome limiting beliefs and provide practical tools to assist you with your personal and professional growth.

Coaching services are not to be construed as, or a replacement for, any health diagnosis, legal, financial or medical advice.

As your coach, I will endeavour to:

Help create an honest, open, collaborative coaching relationship.
Be a partner and help you to bring out the best in you.
Respect your confidentiality.
Promote discovery of new possibilities and insights for you.
Give you input, honest feedback and operate as a sounding board.
Listen carefully to what you say and ask questions to help expand your awareness.
Be a resource for you to use to help you to accomplish your goals.

As the Client in this coaching relationship, you agree to:

Try to cultivate an honest, self-aware relationship with the coach and yourself.
Commit to goals that are truly meaningful and significant to you and that we agree will help you with your progress and successful outcome.
Explore new approaches and experiment with helpful actions and behaviours.
Provide ongoing feedback on whether coaching is valuable and meeting your needs.
Be open to hearing our feedback and letting us know whether it fits your expectations of yourself.
Acknowledge and take ownership for your progress, any setbacks and accomplishments.

OUR SERVICES

We will provide our Services to you in accordance with these Terms. You are bound by these Terms when you instruct us to proceed, by making a payment, or by confirming acceptance via email or other written means.

We will provide the Services in a professional manner and in accordance with generally accepted industry practice and standards and will ensure that any contractors, consultants or representatives that we may engage from time to time will have the relevant qualifications or experience and are under the same standards or requirements.

Any specific terms and requirements relating to the Services must be notified to us in advance and agreed in writing.

Services may be provided face-to-face or via web-based means or as otherwise agreed from time to time. You are responsible for ensuring that you have the appropriate facilities to access and participate in the Services.

COPYRIGHT IN OUR CONTENT (‘Content’)

You may not share, copy or redistribute any of our Content in any medium or format at any time. Our Content is for your individual personal use only and may not be used for commercial purposes. You are not permitted to make any derivative material, including but not limited to remixing, transforming or building upon the material in whole or any part thereof. For any other use or distribution, you must have the express written consent from Helen Kollias.

PAYMENT

We require payment in advance for all of our Services.

By providing us with your payment and credit card details, you authorise payment for the Services. In the event that you have chosen payments to be made on a recurring basis, you hereby authorise such payments to be deducted by us until the full payment has been made under these Terms.

All sessions and Services are non-transferrable. In addition, no sessions may include or be attended by any other person unless agreed in advance by both parties.

In the event that we fail to receive payment of any fees, or if you do not perform your obligations under these Terms, we may refuse to continue to provide the Services and may terminate the engagement immediately without notice.

All payment information will be kept in a secure manner in accordance with Australian privacy requirements. Please refer to our Privacy Policy for details on how your information will be kept secure.

GROUP FORUM RULES (‘Rules’)

In using our Services and participating in any group sessions or forums on our social media channels, you agree to the following:

Any recommendations, comments, information, experiences or other discussions you may participate in (‘Comments’) during any group session must comply with these Terms and be made in the spirit, culture and ethos of the group session and our purpose generally.
Confidentiality is paramount to any group session. You acknowledge that all discussions, conversations and, in particular, any identification of any individual is to be kept confidential and not to be discussed or disseminated at any time outside the group. In the event of any breach of this fundamental rule, immediate termination will result and legal action may be taken.
Comments are not permitted that:
use aggressive, rude or offensive language;
encourage illegal intent including false claims, defamation, harassment, fraud and collusion;
solicit business;
are abusive or malicious against or may offend any other participant, our staff or any third party;
are objectionable or rude; or
may be considered bullying behaviour.
The Comments and your experiences are meant to try to help other members of the group, be supportive, and to share your guidance and information. Our aim is to encourage helpful comments and feedback in a safe and secure environment and hope that you will assist, benefit from and enjoy this initiative. We ask that you carefully consider any Comments you may make and the impact they may have in a respectful manner.
You understand and agree that we may moderate any Comments and ban any person that, in our sole judgment violates these Rules, or that might be offensive or illegal, or that might violate the rights of, harm, or threaten the safety of other participants in the group. You may be banned from accessing the group and our Services at any time, without notice, and in our sole discretion. No refund will be provided in the event that we ban you for breaching these Rules.
Opinions, advice and all other information expressed by participants in discussions or Comments are those of the participant and not us. You rely on and/or act any such information at your own risk and need to make your own enquiries before taking any action related to any Comment.
Any action you choose to take with any other participant or person in any group, outside the group or indirectly through our Services, including but not limited to the provision of your personal information, telephone, email, arranging a meeting, setting up social media groups or other activities with anyone, is at your own risk. We are at no time responsible for or liable for any action you may choose to take under any circumstance.

CONFIDENTIALITY

The Coach agrees that they will:

keep confidential and secure;
not use directly or indirectly; and
not disclose directly or indirectly,

all Confidential Information provided under these Terms or as part of the Services except:

as required by law or any regulatory authority;
with the express written consent of the Client.

We will not at any time disclose or allow access by any person or third party to any of the Confidential Information, unless the disclosure or access is required to perform the Services in which case we will ensure that the person or third party are under the same duty of confidentiality as we are under these Terms.

We will store all Confidential Information in encrypted storage media and only transfer all such information over encrypted communications.

These confidentiality provisions will survive the termination of the engagement between the parties and will remain until the Confidential Information becomes part of the public domain.

WARRANTIES, REFUNDS AND CANCELLATION

Legislation may confer certain rights, warranties, guarantees and remedies relating to the provision of the Services which cannot be excluded, restricted or modified, including but not limited to the Australian Consumer Law (‘ACL’). At no time are these statutory rights sought to be excluded.

We represent and warrant that:

in providing the Services, we will comply with all applicable laws and industry standards;
the Services will be provided to a high standard in accordance with best practice; and
the scope of the Services will be limited to that agreed in writing from time to time. Similar or equivalent Services may be substituted from time to time if, in our sole opinion, it would benefit you or be required to meet the requirements of these Terms.

We do not provide a refund for Services that have been provided. We offer refunds in accordance with our below Refund policy only.

Cancellation and Refund

Where you have prepaid for any Workshop or our Services, we permit cancellation within 72 hours of the Workshop date and time, and provide a refund less an administrative fee to cover our time and to enable us to offer that space to another participant. Any cancellation with less than 72 hours notice will forfeit the full fee.

In order to request a refund, we require a request in writing with a reason for your refund request within the 72 hour period. We will then process your refund less our administration fee. Whilst we at all times, abide by the Australian Consumer Law (‘ACL’) in relation to the Services and refunds, any other refund is in our sole discretion.

100% Money-Back Guarantee – The Confidence Reboot

We stand fully behind the impact of The Confidence Reboot workshop. If you attend the entire session and don’t feel noticeably more confident or clear by the end, we will refund you – no questions asked.

Here’s how it works:

Attend the full workshop in person.
If you don’t feel more confident by the end, simply request a refund.
Send your request in writing within 24 hours of the workshop finishing.
Include a short one-paragraph explanation so we can learn from your experience (not to judge or qualify your refund).

You will receive 100% of your ticket price back. Refunds will be processed within 7 business days via your original payment method.

This guarantee is unconditional but only applies to:

The Confidence Reboot live, in-person workshop.
One ticket per person. Repeat claims or abuse of this guarantee may result in exclusion from future events.

It does NOT apply to:

Any digital products, coaching programs, or virtual workshops.

This money-back promise is in addition to your protections under Australian Consumer Law (ACL), which remain fully in effect.

DISCLAIMERS FOR SERVICES

No guarantee of results for Services

You acknowledge and agree that

results of the Services will vary from individual to individual as performance, progress and success of any particular part of the Services are dependent on your own situation and participation, and other factors beyond our control;
we cannot and do not guarantee any particular or any results including but not limited to any increase or improvement in business, income, performance, productivity, employment, relationships, or success;
you are solely responsible for your own progress;
if at any time during the Services you feel that your progress is not as expected, it is your responsibility to advise us immediately of any concerns in order to give us an opportunity to address the concerns and assist you. We will use reasonable efforts to resolve the concerns, however at no time do we guarantee or warrant any increase or altered progress or performance;
the Coach provided techniques, methods and other Materials (Content) solely for informational and educational purposes to assist you in achieving your goals. The Content does not constitute, nor is it intended to be construed as personal or any specific advice tailored to your individual circumstances. You are responsible for your own decisions and any reliance on the Content is undertaken at your own risk.

Services Content Disclaimer:

We are only providing you with facts, information, insights and educational material to assist your life style, mindset, and goals. Our Services do not constitute and should not be treated as formal advice, including financial advice or medical advice. At no time do we warrant or guarantee any results and you need to make your own enquiries and analysis, including seeking advice from a qualified professional, to determine if any of the information is suitable for your own particular purposes or situation.

Material and information in our sessions is obtained from sources believed to be reliable and is given in good faith but its accuracy and completeness is not warranted nor do we accept responsibility for any negligence, errors or omissions. You use of the information is entirely at your own risk as we cannot control how you may use or interpret it, and any reliance on the information should be your own decision or done with the help of a professional advisor.

If at any time during the Services the Coach feels that you may require the guideance of a professional medical or health professional, the Coach may cease providing the Services and recommend a suitable professional that may better suit your needs.

DISPUTES

If at any time any aspect of the Services are not reasonably acceptable to you, or both parties disagree on the quality, substance, or the parties disagree for any reason on the Services, you must immediately notify us of any such reason, the specifics and give us a reasonable opportunity to respond and address any concerns. Feedback and discussion are important to the sessions and the provision of the Services and it is up to you to provide such feedback in order to give us an opportunity to resolve any issue quickly and effectively.

If a dispute arises, both parties agree that confidentiality is paramount to the reputation of both parties. At no time must any communications or discussions be made public, including but not limited to any social media websites of either party. Any public discussion or comments about either party are considered defamatory, negative or otherwise damaging and will be the subject of compensation in any mediation or litigation claim.

In the event of any dispute on the work, quality or ownership that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each of us agrees to pay our own costs.

INTELLECTUAL PROPERTY

We may provide you with Materials from time to time during and to enable the provision of the Services. All Materials are provided without warranties of any kind, both express and implied. Any Materials, both tangible and intangible, which are provided or may be developed as a result of or during the Services is and will remain our property at all times. No Materials may be reproduced or used for any purpose other than your personal private use and at no time may the Materials be reproduced and provided to third parties without our express written permission.

TERMINATION

If there is any breach of these Terms, the party that has committed the breach must remedy or rectify the breach promptly.

We may, in our sole discretion, decide to stop the Services for any reason including if we believe that the working relationship has broken down including a loss of confidence and trust, or for any other reason outside our control which has the effect of compromising our ability to perform the Services. In the event of such termination by us, payment must be made up to the date of the last Services and any other monies paid in advance will be refunded to you.

In the event of any termination by you, payment for the full terms of the Services as agreed becomes immediately due and payable unless otherwise agreed by us.

LIMITATION OF LIABILITY AND INDEMNITY

We are in no way liable for any loss or damages whether direct, indirect or consequential which you may suffer in reliance directly or indirectly on all or any part of the Services. You shall indemnify us and hold us harmless from and against any and all actions, claims, liabilities, proceedings or demands which may be brought against us in respect of any loss, death, injury, illness or damage (whether personal or property and including reasonable legal fees and expenses).

Our liability is governed solely by the ACL and these Terms. Any other conditions and warranties which may be implied by custom, law or statute are expressly excluded.

You acknowledge and agree that you use the Services at your own risk. In engaging the Services, you agree that you are liable for and agree to indemnify and hold us harmless for and against any and all claims, liabilities, actions and expenses which may result either directly or indirectly from a breach of these Terms, misuse of the Services or in connection with any of the Services, including but not limited to any third-party claims. In particular, you acknowledge that the Services are provided as a guide for your personal and professional development. Any actions, activities or decisions you decide to take as a result of, in conjunction with, or after engaging the Services, is your own decision and we are in no way directly or indirectly responsible for any such actions, activities or decisions.

In any case, our liability is limited at all times to the amount of the last fees paid by you for our Services.

GOVERNING LAW

This Agreement is governed by the laws from time to time in force in the State of Queensland. Both parties agree to unconditionally submit to the exclusive jurisdiction of the Courts of Queensland for determining any dispute concerning these Terms.