Earth and Evolve
General Terms of Sale
Welcome to Earth and Evolve. We look forward to working with you.
Please read this document carefully. Booking a Program of private Coaching Sessions or Circle membership via our website or directly means you have read this document together with the Website Terms & Conditions of Use and accepted the terms and conditions contained within each document.
TERMS AND CONDITIONS
Celestial Seasons Circle (Circle Membership)
• Circle Sessions are delivered online via Zoom or similar online meeting platform.
• Circle Sessions are not private and will contain all or some members of the Celestial Seasons Community Community.
• All Circles are non-transferrable.
• Late arrival for a Circle will result in a shorter Circle with the session concluding at the usual time.
• The Circle schedule can be found on the Celestial Seasons Circle BaseCamp Community portal.
Private Coaching Sessions (General)
• A specific agreement will be developed for each coaching program you will need to agree and sign prior to payment.
• Private Sessions are delivered online via Zoom or similar online meeting platform.
• Private Sessions may only contain one person.
• All sessions and Services are non-transferrable.
• Late arrival for a session will result in a shorter session with the session concluding at the usual time.
• Sessions can be booked online through the online booking system prior to your session.
Online Sessions / Circles
• If you book an online session/Circle, it is your responsibility to ensure that you have the technology required to attend that appointment.
Payment
• All prices are stated in Australian dollars, where GST needs to be included this will be stated on the Invoice.
Payment and/or Subscription
• Earth and Evolve offers packages via upfront payment or subscription.
• All upfront payment and subscription details will be provided on the proposal (offer) document and/or landing page provided at time of inquiry or discovery call. These form part of the Booking Terms and Conditions.
• Where a program entitles you to a set number of private sessions/Circle with Earth and Evolve over a set period of time. This detail will be provided on the proposal (offer) document and/or landing page provided at time of inquiry or discovery call. These form part of the Booking Terms and Conditions.
• All subscription and upfront payments will be deducted via PAPERBELL/STRIPE.
Cancellation
• If you are unable to attend or do not show up for a booked session, that session will forfeited and is non-refundable.
• A make-up session maybe available but will need to be booked and used within the week of the forfeited session.
• Availability of a spot for the purpose of a make-session is based on availability and not guaranteed.
Rescheduling
• You may reschedule your private appointment within 24 hours of your booked appointment; however, availability at your requested time is not guaranteed.
Refund Policy
• Other than provided for in this Agreement, refunds will only be considered by Earth and Evolve because of serious illness or family emergency.
• Evidence of emergency may be requested for refund to be considered.
• Refunds will not be issued for change of mind.
Feedback & Dispute Resolution
Your feedback is important!
You understand and agree:
1. You will contact the Earth and Evolve immediately with any concerns so that they may be resolved quickly and effectively.
2. In the event of a dispute you agree to the following Dispute Resolution Procedure:
3. You must advise the Earth and Evolve in writing of the nature of the dispute, the outcome you seek and what actions you believe will settle the dispute.
4. You agree to meet in person, via Zoom or similar online platform, in good faith to seek to resolve the dispute by agreement and compromise.
5. If an agreement cannot be reached to resolve the dispute any party may refer to a mediator (via Zoom only) who will determine time and place for mediation.
6. Both parties (you and Earth and Evolve) must attend the mediation referred by the mediator, in good faith, to seek to resolve the dispute through mediation or other alternative dispute resolution processes.
7. Confidentiality is paramount to both the reputation of you and the Coach.
8. At no time will any communications or discussions be made public. This includes but is not limited to any social media websites of either party.
9. Any public discussion or comments about either party will be considered defamatory, negative or otherwise damaging and will be the subject of compensation in any mediation or litigation claim.
Limitation of Liability
You understand and agree:
1. Liability for the services provided by Kellie Guenther (as Earth and Evolve) is governed solely by the Australian Consumer Law and these Terms and Conditions.
2. Nothing in these Terms removes your Statutory Rights as a consumer under Australian Consumer Law.
3. Except for your Statutory Rights, all material (including by not limited to educational and demonstration videos and other material) and services is provided to you without warranties of any kind, either express or implied; and Kellie Guenther (as Earth and Evolve) expressly disclaims all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.
4. To the extent permitted by law, Kellie Guenther (as Earth and Evolve) excludes all express or implied representations, conditions, guarantees, warranties and terms relating to any Services except those set out in this Agreement, including but not limited to implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in this Agreement.
5. Kellie Guenther (as Earth and Evolve) guarantees all services are supplied to you with due care and skill and fit for the purpose that the services have been advertised.
6. Kellie Guenther (as Earth and Evolve) cannot and does not guarantee that you, the Client, will take the necessary actions identified during the session/circle to achieve a specific result. What you achieve through our sessions is your choice and responsibility.
7. To the extent that Kellie Guenther (as Earth and Evolve) is unable to exclude liability, total liability for loss or damage you suffer or incur from Services by Kellie Guenther (as Earth and Evolve) is limited to re-supplying the Services to you, or, at the Kellie’s option, refunding to you the amount you have paid for the Services to which your claim relates.
Governing Law
You understand and agree:
1. The Terms and Conditions in this Agreement are governed and construed in accordance with the laws of New South Wales, Australia.
2. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of New South Wales.
DISCLAIMER
This disclaimer governs all Sessions offered by Kellie Guenther.
Please read carefully. By proceeding with your booking you are deemed to have read and accepted this Disclaimer to its fullest extent.
COACHING, INTUITIVE GUIDE AND ASTROLOGICAL SERVICES
Kellie Guenther is trained in Coaching, the Intuitive Intelligence(R) Method and Astrology. As a Coach, an Intuitive Guide and Astrologer, she is dedicated to assisting and supporting people in positively changing their lives.
Coach-Client Relationship:
Coaching is partnership (defined as an alliance, not a legal business partnership) between the Coach and the Client in a thought-provoking and creative process that inspires the client to maximize personal and professional potential. It is designed to facilitate the creation/development of personal, professional or business goals and to develop and carry out a strategy/plan for achieving those goals.
A. Coach agrees to maintain the ethics and standards of behaviour established by the International Coaching Federation “(ICF)”. www.coachingfederation.org/ethics. It is recommended that the Client review the ICF Code of Ethics and the applicable standards of behaviour.
B. Client is solely responsible for creating and implementing his/her own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the coaching relationship and his/her coaching calls and interactions with the Coach. As such, the Client agrees that the Coach is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by the Coach. Client understands coaching is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease.
C. Client acknowledges that coaching is a comprehensive process that may involve different areas of their life, including work, finances, health, relationships, education and recreation. The Client agrees that deciding how to handle these issues, incorporate coaching principles into those areas and implementing choices is exclusively the Client’s responsibility.
D. Client acknowledges that coaching does not involve the diagnosis or treatment of mental disorders and that coaching is not to be used as a substitute for counselling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals and that it is the Client’s exclusive responsibility to seek such independent professional guidance as needed. If Client is currently under the care of a mental health professional, it is recommended that the Client promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by the Client and the Coach.
E. The Client understands that in order to enhance the coaching relationship, the Client agrees to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the program.
The Intuitive Intelligence(R) Method and Astrology: is designed to meet the needs of women who are awake or awakening to the path of spiritual service and seeking metaphysical and transpersonal guidance to scaffold their lives. You must be 18 years or older. If you have a known mental or physical health condition, you must be in the care of a medical health professional before you will be seen by your Intuitive Guide.
The advice and information offered in your Intuitive Intelligence(R) and Astrological session/s is based exclusively on the impressions and experiences of Kellie. She makes no promises regarding the accuracy, relevance and quality of the information and the methods used in her work. She is not a medical or health practitioner. She offers her clients a spiritual, metaphysical and transpersonal perspective to aid them in their self-healing and self-empowerment.
As a Client, you understand that you should never use information provided by your Intuitive/Astrological Guide in any way that contradicts, conflicts, or opposes a course of treatment or plan of action recommended by a primary professional provider such as your licensed medical doctor, lawyer or financial adviser. If you ever perceive or feel that information given by your Intuitive/Astrological Guide opposes a primary professional provider’s treatment plan or recommendations, you are strongly advised to follow the advice and instructions of your primary professional provider. If you have any concerns or feel that you do not fully understand the implications of a particular course of action in your situation, you are advised to consult your primary professional adviser before taking action.
It is a condition of working with your Intuitive/Astrological Guide that you exercise your own personal authority. Your choice to act on any of the information provided in the session is solely your responsibility. By signing this Disclaimer, you confirm your understanding that your Intuitive/Astrological Guide does not claim to heal or treat your physical, mental or psychological conditions. She simply offers education, physical modalities, health and spiritual guidance to allow people the opportunity to experience and access their optimal selves.
You must not be under the influence of alcohol or drugs when participating in the session, and you must disclose any mental health issues that may impact the ability of your Intuitive/Astrological Guide to safely work metaphysically with you prior to the commencement of the session. This includes but is not limited to schizophrenia and bipolar. You must be in a clear and balanced state of mind to participate in this work. The Intuitive Intelligence™ Method and Astrology is not counselling or therapy. It is not a medical technique and does not replace the need for medical care.
Confidentiality
The information that you provide as a Client is confidential and will not be disclosed to any third party at any stage, unless required by law.
Insurance
Your Coach and Intuitive/Astrological Guide holds her own professional indemnity insurance and offers to work with you as an independent contractor.
Severability
If a section of this disclaimer is determined by any court or other competent authority to be unlawful and/or unenforceable, the other sections of this disclaimer continue in effect.
If any unlawful and/or unenforceable section would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the section will continue in effect.
Law and jurisdiction
This disclaimer is be governed by the laws of the State of New South Wales, Australia, and any disputes relating to this disclaimer Services by Kellie Guenther will be subject to the exclusive jurisdiction of the courts of New South Wales and Federal Courts where applicable.