1.  CONFIDENTIAL INFORMATION

(a)     Any information in relation to the management or operation of the business of Results Coaching Systems Pty Ltd (“RCS”) 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 RCS.

(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 RCS.

(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 RCS 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 RCS 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 RCS at any time at law or in equity.

 

2.  INTELLECTUAL PROPERTY

(a)     I acknowledge RCS 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 RCS 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 RCS;

(iv)    any quality assurance systems, manuals or practices used in the business of RCS; (v) all other intellectual property used in connection with the business of RCS;

(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 RCS 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 RCS 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 RCS in connection with this Agreement) solely for the purposes of my training in accordance with the written instructions of RCS 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 RCS against any loss or damage, which RCS 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 RCS 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 RCS 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 RCS in the event of any such claim.

(c)     My Intensive 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 RCS & its 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 RCS the full amount of the training program according to the payment plan I have agreed to on my Application Form, unless RCS agrees 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 cash, credit card or EFT payable to “Results Coaching Systems”. (see payment information attached to Application Form)

The program fee includes all program sessions, professional instruction, reference texts and a workbook. I have also been informed of all other costs i.e. Continuing education programs, Business Coaching & Executive Coaching.

 

4.  BOOKING AND PAYMENT

(a)     If accepted into the program, my deposit (R3000) is a non-refundable administrative fee.

(b)     Numbers are limited for courses arranged by Results Coaching Systems. Upon receipt of your application and payment of your deposit fee, your place will be reserved. Only upon receipt of full payment will your seat be confirmed.

(c)     In order to qualify for any Early Bird discounts, full payment needs to be received 1 month prior to commencement of training. (thereafter the Standard price will apply)

(d)     All payments to be made in full 2 weeks prior to commencement of training.

In the event that a booking is made less than 2 weeks prior to commencement of training, full payment needs to be made upon registration.

 

5.  CANCELLATION

(a)     Cancellation charges are applied in all cases.

(b)     See below for refund rates:

  • Over 4 weeks’ cancellation notice: Full program costs minus non-refundable deposit (R3000)
  • Up to 15 working days cancellation notice: 50% refund
  • Less than 14 days cancellation notice: No refund unless in exceptional circumstances, for which a medical certificate may be requested.

(c)     No refund will be payable for non-attendance or if no prior notice of cancellation is given. The participant will remain liable for the full payment.

(d)     If a participant is asked to leave the training for violating polices and procedure agreed to in the training, no refund will be given.

 

6.  TRANSFER / RESCHEDULING

(a)     Participants may decide to attend the next scheduled training, by rescheduling their registered training date with RCS.
See below for transfer rates to be paid additionally:

  • Up to 15 working days transfer notice: 15% of total amount payable
  • Less than 14 days transfer notice: 30% of total amount payable

(b)     Alternatively, a substitute delegate can be named at any time before the course.
There will be no extra surcharge for making a substitution.

 

7.  ASSESSMENT FEES

(a)     A first assessment is included in your course fee. Should you decide not to sit the assessment, no refund is applicable.

(b)     In the event of a candidate failing an assessment, it is the responsibility of the candidate to arrange the date and payment for the reassessment with the Results Coaching Systems office in South Africa.

 

8.  GENERAL

It may be necessary for reasons beyond the control of Results Coaching Systems to change the content and timing of the course, the date, venue or instructor. RCS reserves the right to cancel a course up to the date of the course if insufficient bookings have been received. We will strive to give as much notice as possible in such an event. In all cases, people who had registered to attend a cancelled course will be given the option of a full refund or of rescheduling to a future course date but RCS disclaim any further liability.

 

9.  ICF

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.

 

In making a booking clients accept these Terms & Conditions.