Storytelling Packages and Coaching/Mentoring Terms and Conditions
These are the terms and conditions that apply to the storytelling programs and online portal offered by Kylie Patchett (KP Kreative ABN 77 898 181 847 (may also be referred to as ‘Kylie’, ‘I’, ‘me’, or ‘my’). These terms and conditions are to be read together with the services agreement and any other formal written agreements between us. These documents together form our entire agreement.
These terms and conditions will become binding once you agree to proceed with a storytelling package, use a program or make any payment for a program.
Storytelling packages and programs
1.1 My storytelling packages and programs may be delivered online, face to face, via telephone, or a mixture of all three. Unless expressly agreed by myself, coaching and mentoring is done online via Zoom or another similar program.
1.2 If you sign up to:
(a) 1:1 Coaching and Mentoring, you will get the exact hours of your package as defined in the order form as coaching sessions.
(b) VIP Coaching Day, you will get a full day or half a day with me to work with you on your business marketing and messaging – unless expressly agreed by myself, these sessions are conducted online.
(c) Storytelling Package, you will get the exact deliverables stated in your Storytelling Proposal, accepted by you in writing via email, and a copy of which is stored in your client Google Drive folder.
1.3 I am a copywriter, designer and storyteller, and offering mentoring and coaching services related to marketing, communications, messaging and book creation, and in no way qualified or willing to act as any other professional. I do not provide advice or support outside of my areas of expertise. Specifically, I am not qualified, willing or able to provide support in the form of counselling or therapy.
Services
2.1 I will provide you 1:1 coaching, mentoring, copywriting, book creation and design either online, or via telephone meetings. Unless expressly agreed, meetings are not conducted in-person, face-to-face.
2.2 It is your responsibility to book in a time and date that is suitable to you for 1:1 sessions included in your packages and programs. This is done via my calendar booking system. If you are not able to find a date and time that suit you, it is your responsibility to contact me to request a specific date and time. Requesting a specific date and time does not guarantee my availability. I will endeavour to work with you to ensure you are able to meet with me in a timely manner.
2.2 You must use all of your 1:1 sessions before the end of your program terms. Any unused sessions will expire at the end of the given term.
2.3 You agree to give me at least 48 hours’ notice if you need to reschedule a session. You must reschedule your sessions within your package term, otherwise they will expire at the end of the term. I will attempt in good faith to reschedule a missed session before the end of your program term but cannot guarantee that I will be available.
2.4 Project timeframes stated in the Storytelling Proposal assume client responsiveness regarding feedback on copywriting and design deliverables, and acknowledge that delays in your feedback and responsiveness will impact project timelines.
2.5 Delivery of storytelling package inclusions outlined in the Storytelling Proposal accepted signifies the end of your client agreement and any future copywriting, coaching, mentoring or other business relationship will constitute a separate agreement.
2.5 By agreeing to these Terms and Conditions, you agree to provide feedback as detailed in your Storytelling Package proposal document (in general this will include providing answers to questions, feedback, additional information and
resources via a shared Google folder, or via Canva for design deliverables).
2.6 The term of Storytelling coaching and mentoring sessions is as follows:
A single hour: to be used within 4 weeks from the date of purchase.
Packages of 5, 10 or 20 hours: term: to be used within 6 months or 26 weeks from the date of purchase.
Your responsibilities
3.1 You agree:
(a) that it is your responsibility to schedule 1:1 coaching and mentoring sessions,
(b) that you are responsible for your own physical, mental and emotional wellbeing when using my programs or the online portal. You understand that you can choose to discontinue using my programs at any time but that will not entitle you to a refund; and
(k) if you are currently under the care of a mental health professional, you must inform them of your decision to use my programs and check with them if in their opinion, you have the required capacity to participate fully in my programs.
Fees and payment
4.1 You agree to pay the fees in full and on time, regardless of whether or not you use or access all components of a storytelling package.
4.2 Payment may be made via credit or debit card, processed by Stripe.
4.3 If you are paying by monthly instalments and you are in arrears with your payments, your services and your access to the online portal may be suspended until all fees are paid up to date. This does not change the timeframe of this agreement. Your sessions will still expire at the end of the term and you will be liable to pay for the full amount of the package.
4.4 If any payment is dishonoured for any reason, you will be liable for dishonour fees. If money remains unpaid, you will also be liable for any costs and disbursements that may be incurred in pursuing the debt (including legal costs on a solicitor and own client basis) and debt collection costs to the extent permissible under relevant legislation.
Refund policy
5.1 I aim to provide you with personalised services to help you market and communicate your business and services. In accepting one of the limited number of places I have available, you acknowledge I am committing my time and resources to you. For this reason, if you decide to withdraw from my storytelling package before the end of the term, I will not offer a refund.
5.2 Refunds are not available for any reason, including but not limited to:
inability to attend all coaching or mentoring sessions within the timeframe specified.
inability to secure a coaching or mentoring session on a specific date or time
inability to secure a coaching or mentoring session within a specific timeframe.
inability to attend coaching or mentoring sessions due to personal matters including illness.
Termination
6.1 My coaching and mentoring services to you will terminate at the end of the term.
6.2 If for any reason I decide that I will be unable to fulfil any or all my services included in your package, through no fault of my own, and other than as a result of you missing a session, you agree that I may terminate this agreement upon seven (7) days written notice to you, without providing reasons. If I elect to terminate this agreement, I will refund to you that proportion of my fees relating to the balance of the term of this agreement, or proportionate to the services I have already delivered, at my discretion.
Confidentiality
7.1 ‘Confidential information’ means information about the business practices and relationships of you or me which include this consulting relationship, and all information that is expressly or impliedly nominated as confidential, or that a reasonable person would consider to be confidential, however recorded, documented or verbal.
7.2 Where confidential information is disclosed to you during the program, it is done so for your personal or business benefit, and you agree not to disclose that confidential information to any other person or entity.
7.3 Some of the information you provide to me will be information that is clearly important and confidential to you or your business. I will only use that information to provide services to you and will not share it.
7.4 These obligations of confidence will cease to apply in relation to information that either party is required to disclose by any law, or which becomes part of the public domain other than as the result of a breach by the disclosing party of its obligations under this agreement.
Intellectual Property
8.1 All intellectual property rights in my packages and programs remain my property. Access to any of my courses, classes and coaching does not give you any ownership rights to those program materials or any other program material.
8.2 You are only allowed to use the coaching materials for your own personal use. You must not share, distribute or resell, in part or in full, those materials without my prior written permission. You are prohibited from using my materials to develop your own program or training for sale or giving away to others.
Your content and data
9.1 While all care is taken to store your data, the online portal Simplero, is not designed as a backup system and should not be relied on as such. I provide no guarantee for the security of your data. I will not be responsible or liable for the storage, theft, deletion, correction, destruction, damage or loss of any stored data. I recommend you have a regular back-up system in place for your systems.
Third party services
10.1 If I make any third-party recommendations including but not limited to third party products, programs or services (‘third party services’), it is because to the best of my knowledge, they are quality products or professional service providers. You must complete your own due diligence to protect yourself.
10.2 I will not be liable or responsible for your use of third-party services, or loss or damages you or any other person suffers due to the use of the third-party services.
Disclaimer
11.1 My packages and programs aim to provide a thought-provoking and creative process that inspires you to maximise personal, professional and business potential. I cannot do the work for you. You agree to take responsibility for your own circumstances and acknowledge that the benefit you receive from my programs will depend on your personal circumstances and the effort you put in.
11.2 You understand that it may take some participants a greater commitment of time and effort than others to implement suggested changes or ideas, and that varied results may arise based on the individual’s starting point, flexibility to change and emotional intelligence.
11.3 While I will use reasonable skills and care in delivering my packages and programs, I cannot guarantee that your objectives will be met or that your results will be consistent or improve. Each person comes to me with different circumstances, skills and attitude, all of which can impact their outcomes.
11.4 You are responsible for your own decisions, choices, actions, and results when implementing my coaching into all areas of your life. You agree that I will not be liable for any action or inaction, or for any direct or indirect result of any services that I have provided.
11.5 While every care is taken, I make no representations about the suitability, reliability, availability, timeliness, completeness, and accuracy of anything provided in my online portal for any purpose. To the maximum extent permitted by applicable law, anything contained in my online portal is provided “as is” without warranty or condition of any kind.
11.6 Information provided in my online portal is for educational purposes only and we take no responsibility for any use made by you of the information supplied.
11.7 You understand that my packages and programs are not to be used as a substitute for professional advice by legal, mental, medical, financial, business, spiritual or other qualified professionals. You must seek independent professional guidance for such matters. You agree that all decisions and actions in these areas are exclusively your responsibility.
11.8 You understand that my packages and programs do not substitute for counselling or therapy, and do not prevent, diagnose, treat, or cure any mental disorder as defined by the DSM-V or ICD 10 or medical condition.
Limited liability and indemnity
12.1 To the extent permissible under relevant legislation, I will not be liable for any loss or damages including loss of profits, loss of opportunity or damages suffered by any person from following or applying any advice, coaching, ideas or content developed as part of my programs.
12.2 To the fullest extent permitted by law, and without limiting the application of the Australian Consumer Law, you agree that:
(a) my total aggregate liability for any claim(s) by you relating to any program I deliver to you is limited to the amount actually paid by you for that package or program;
(b) if there is any fault in a package or program, my liability will be limited (at my choice) to:
(i) the delivery of that package or program again; or
(ii) refunding part or all of the cost of that package or program.
12.3 You agree to indemnify me and hold me harmless against loss or damages suffered by you or any other person arising from your breach of these terms and conditions.
General
13.1 Relationship – I am delivering my storytelling packages and programs to you as an independent contractor and nothing in these terms and conditions should be interpreted to suggest otherwise.
13.2 Assignment – The storytelling packages and programs are personal to you and this agreement and cannot be assigned to any other person.
13.3 No Waiver – Any time or other indulgence granted by me will not in any way amount to a waiver of any of my rights or remedies under this agreement.
13.4 Governing Law – This agreement is governed by the laws of Queensland, Australia, and you agree to be subject to the jurisdiction of the courts of Queensland, Australia if there was a serious dispute between us.
13.5 Severability – If any of these terms and conditions are determined to be invalid or unenforceable, then the invalid or unenforceable provision will be severed, and the remainder of the terms and conditions will continue in effect.
13.6 Entire agreement – These program terms and conditions, together with our services agreement and any other formal written agreements between us, form the entire agreement between us. Anything else discussed beforehand or afterward is not part of our agreement or fees charged unless it was included or has been agreed to in writing.
Online Courses Terms and Conditions
ADDITIONAL TERMS OF SERVICE FOR OUR ONLINE COURSES
These Additional Terms of Service (“Terms”) apply to all clients, or all potential clients of Kylie Patchett and KP Kreative [ABN 77 898 181 847] (“we, us, our”). These Terms together with any other terms and conditions and policies we publish or link to on our website and services form an Agreement with us (“Agreement”). “You” could be any client of ours.
ONLINE COURSE WE WILL PROVIDE
Our Online Courses, Programs and Products teach you about brand, copy, book and content storytelling. We provide various materials to help you during the Online Program or Product, including videos, worksheets, spreadsheets, diagrams and documents. We may also have group coaching and mentoring sessions.
BEFORE PURCHASE
Things you must do before purchasing Online Courses on our website
You must:
be 18 years old or have parental consent;
provide complete and accurate information to us, and promptly inform us of any updates to your information;
ensure you have adequate technology set up and internet access to participate in the Online Course; we predominantly use Simplero and Facebook.
Acknowledgements you make when purchasing on our website
You acknowledge and agree that:
we cannot take into account your particular business goals or objectives when providing the Online Course. The Materials are general in nature and we cannot guarantee that your desired outcome will be met;
Marketing and Messaging can be very subjective; the nature of social media is that changes to algorithms regularly occur and we cannot guarantee the success of any content you create or post;
we will only support you for up to two businesses that you own; support for additional businesses will incur additional costs.
the Materials we provide are not a substitute for independent professional advice and any reliance on this information is at your sole risk. For example, sometimes the Materials could be classed as “business” or "marketing" advice. You must consider whether or not the information is appropriate to your needs. We strongly recommend that you obtain independent professional advice before making any decisions or taking steps towards reliance on our information.
You further acknowledge and agree that there may be:
occasional errors or omissions in Online Course descriptions, prices, availability and promotions;
some Online Courses with limited places, and some courses that are limited to certain regions or groups of people;
technical problems downloading Materials, and there are inherent risks associated with downloading digital products and using online software.
Except as required by law, we cannot guarantee the accuracy of the information, or the availability of the Online Courses. We also cannot guarantee the results of our Online Courses as they are dependent on your learning, actions and implementation.
You also acknowledge that we may make recommendations of suppliers for various products or services during our Online Courses. Any recommendations are only recommendations, and if you purchase from the supplier that is a contract between you and the supplier, and we are not involved. Therefore, you must direct any product or service concerns, requests for refunds or other feedback to the supplier.
Payments
You must:
pay for the Online Course via the published payment methods available;
make the deposit or full payment as required by us prior to commencement of the Online Course as your place cannot be reserved or confirmed until payment is received; and
have any special offer coupons ready as they must be used at the of purchase to apply; they cannot be applied retrospectively.
You also agree to pay any applicable currency conversion fees, or financial service provider fees where relevant. Where payments are made in instalments, you authorise us to deduct all accrued and outstanding fees from your credit card or debit card provided. You must ensure that sufficient funds are available in your nominated account to meet any withdrawals made by us on their scheduled due dates. Where payment is defaulted or not received, you authorise us to debit any outstanding funds from your nominated account, without the need for notifying you.
AFTER PURCHASE
Things you must do after purchasing on our website
You must:
maintain the confidentiality of your login and password for your account;
not allow other people to use the Materials or your account;
contact us by email if you have any difficulty downloading any Materials;
not reproduce, duplicate, copy, sell, re-sell or exploit the or Materials in any way;
contact us by email at if you have any issues with the Online Course and require a refund;
seek our prior written consent before any publication of information about us; and
in the case of a dispute keep all communications confidential.
We may have group sessions where you can be part of our community but please follow our rules
We encourage you to engage with us and other participants during the Online Course, however, you must comply with our rules at all times. Any questions you ask during the group sessions must relate only to the Online Course content, and Materials.
You must respect the other participants in the Online Course and not be disruptive in any way. We may exclude you from any group sessions or events where you become disruptive or disrespectful. You must not directly contact other participants unless you have their express consent. Any further interactions with other participants are conducted at your sole risk.
Acknowledgements you make in relation to privacy and confidentiality
During the group sessions you may share business information that could be classed as secret or confidential (“Confidential Information”), or others may share similar information. You acknowledge and agree to keep all information confidential, and not to disclose any information outside the group. You must not record any group sessions.
We will not disclose any Confidential Information, except where it is required by law. For more information on the circumstances where we disclose personal information, please see our Privacy Policy.
Unfortunately, whilst we encourage confidential communications, we cannot guarantee that delivery of our Online Course and any Materials will be secure, and we cannot guarantee your privacy or confidentiality when accessing online technology.
Group Posting rules
You must not post any of the following, which is determined at our discretion:
any inappropriate or offensive, threatening or abusive content;
any immoral content, including but not limited to, anything pornographic or obscene;
any illegal content, including any content which is defamatory;
anything that breaches the rights of any third party, including but not limited to, any intellectual property rights of a third party such as copyright, or trademark, or a third party’s privacy; or
any content that impersonates any other person or misleads us or third parties as to the origin of your posts.
You are responsible for all your posts and their accuracy, completeness and timeliness. We are not responsible for any of your posts or any third party posts. Where posts do not comply with our rules, or are otherwise objectionable we may, but do not have any obligation to, edit or remove the content. By making posts in our community, you grant us a non-exclusive, worldwide, royalty-free perpetual irrevocable licence to use the posts for any purpose, and you waive any Moral Rights in those posts.
Acknowledgement you make in relation to online events
You acknowledge and agree that we may make recordings of online events that you participate in. These recordings may be audio, video or still photographs, and may be used by us for marketing or information purposes. Your participation in the online event is subject to you granting us the copyright in all recordings to use, reuse and publish the recordings where you may be depicted or included, in whole or in part, in composite or distorted in character or form, without restriction as to changes from time to time, in any media now or developed in future. You waive all rights to approve of the finished recordings.
Your commitment to the Online Course
To get the most benefit out of our Online Courses, you should complete all modules, and engage in the group sessions and community, asking questions whenever you need. You acknowledge and agree that you are solely responsible for your own success and outcomes during the Online Course.
Things we’d love you to do after purchasing on our website
We’d love you to provide us with any photos, videos, testimonials, and/or case studies so we can use them for marketing and information purposes, publications, exhibitions and professional awards across all print or digital mediums, including our social media channels.
However, please note that by providing us with photos, videos, testimonials and/or case studies you assign copyright ownership to us. This includes all copyright and any other rights under the Copyright Act 1968 and the right of reproduction either wholly or in part. If you provide content but subsequently want to revoke permission to use it, it is your responsibility to notify us immediately at support@kyliepatchett.com.au.
OTHER MATTERS YOU SHOULD BE AWARE OF
We may change information on our website and store
Except as required by law, we may at any time, and without prior notice to you:
change and update information including availability and promotions;
change prices or descriptions of our Online Courses;
change our range of Online Courses, or discontinue an Online Course.
We comply with the Australian Consumer Law
You are entitled to various consumer guarantees, rights, and remedies under the Australian Consumer Law including, but not limited to, consumer guarantees that the Online Courses are delivered with due care and skill and in a reasonable time.
Except as required by law we do not warrant the quality of the Online Courses or warrant that they will meet your expectations. We do not provide refunds for changes of mind, where you fail to provide us with adequate information, where you can no longer partake in part or all of an Online Course, or where you fail to comply with our instructions.
If we need to cancel your order we will provide a refund
Except as required by law, all payments are non-transferable and non-refundable. On occasion we may cancel an Online Course where we are no longer able to provide it. In these or similar circumstances where we have to cancel the whole course we will provide you with a full refund. Despite our reasonable endeavours, on occasion we may also need to change times or dates of sessions at short notice or even cancel parts of an Online Course. We will notify you as soon as possible of any changes. We do not provide refunds except as required under the Australian Consumer Law.
We can refuse to serve you and sell Online Courses at any time
We may refuse to provide our Online Courses to you, or anyone, for any reason, at any time. In particular, if you breach this Agreement, we may immediately terminate your use of our website and services, any account and disable your ability to purchase any of our Online Courses. We can also change, suspend, or stop providing Online Courses at any time, for any reason, and without notifying you. We are not responsible to you for any changes, or if we suspend or stop our Online Courses.
INTELLECTUAL PROPERTY
All the Intellectual Property Rights in our Materials are owned by or licensed by us. We grant you a non-exclusive, non-transferable, royalty-free, revocable licence to use our Materials for your personal use only. This licence to use our Materials in relation to the Online Courses is for the duration of the Online Course only. In particular, you must not use our Materials for any commercial purposes without our prior written consent which is given or withheld at our sole discretion. Any use beyond your sole personal use will be conditional on the payment of license fees, and acknowledgement of our moral rights under the Copyright Act 1968 where applicable. Please contact us at support@kyliepatchett.com.au to seek consent.
RELIANCE ON ADVICE DISCLAIMER
Whilst we exercise due care in ensuring the accuracy of all Materials, sometimes they may not be accurate. There may be typographical errors, or it may be based on an opinion of the author that is not widely held. Occasionally the information may be historical information, and based on primary sources of material, contemporary thinking which existed at the time of publication, and these will change from time to time. Occasionally the information may not be complete. For that reason, we cannot guarantee that the information is accurate, complete, or current.
LIABILITY AND INDEMNITY
To the maximum extent permitted by law, we are not liable for any Loss or damage arising from your use of our website and services or any Online Courses purchased using the service, including, but not limited to, any errors or omissions, price changes or discontinued Online Courses, your reliance on any of our information, any visitor posts and content, any links to third party websites, any interruptions, any changes, suspension or termination of our website and services, our recording of any events, and changes to dates and times of Online Courses.
To the extent which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to: -
the replacement of the Online Course or the supply of an equivalent Online Course; or
the payment of acquiring an equivalent Online Course.
In any case, our liability to you will not exceed the amount actually paid by you to us for the most recent Online Course you have paid for. You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your breach of this Agreement, including, but not limited to where you provide incorrect information, any breach of the group session and posting rules, and any breach of our Intellectual Property Rights.
IF THERE IS A DISPUTE
In the event of any dispute 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 party agrees to pay their own costs.
OTHER
This Agreement is to be construed in accordance with the laws of Queensland, Australia, and you and we submit to the jurisdiction of the courts of Queensland, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals and communications whether oral or written, between you and us. In the event of an inconsistency between the terms in this document, and other terms and conditions on our website, these terms prevail. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right, or enforce any provision in this Agreement does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this Agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in these Agreement survive termination of this Agreement.
DEFINITIONS
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010.
Agreement means these terms, and the general website terms and conditions and all other terms and conditions and policies published or linked to on our website.
Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs.
Intellectual Property Rights means all copyright, trademarks, design rights, patents, trade secrets and confidential information whether registered or unregistered.
Loss or damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, death, property damage and legal costs.
Materials means any of our videos, worksheets, spreadsheets, diagrams and documents and any and all online program and course materials, and anything provided to you during the course.
Moral Rights means any moral rights as defined under the Copyright Act 1968.
Online Course means any course or class produced by KP Kreative and includes all Materials.
We, us, or our means Kylie Patchett and / or KP Kreative [ABN 77 898 181 847] and includes any of our trustees, officers, employees, agents, partners, contractors.
Website and services means https://kpkreative.com.au/and everything available on this website including, but not limited to, all Online Courses.
