The Life Coaching Academy Australia Pty Ltd

TERMS & CONDITIONS

1. The LCA's obligations

The LCA agrees:-
1.1 To provide the Course in return for the Fee
1.2 To comply with the terms of any notice (complying with the terms clause 7.10 below;
the 'Notice') specifying a breach of the provisions of this agreement and requiring the
breach to be remedied so far as it may be
1.3 To allow the Client upon successful completion of the Course to use the name and logo
of the LCA after having paid the annual membership fee of $150 plus GST

2. The Client's obligations

In consideration of The Course to be rendered by the LCA under this agreement the
Client agrees:-
2.1 to pay the Fee without authorised deduction or set-off
2.2 to indemnify and keep indemnified the LCA from and against any and all loss damage
or liability (whether criminal or civil) suffered and legal fees and costs incurred by the
LCA resulting from a breach of this agreement by the Client including if applicable any
neglect or default of the Client's employees or agents
2.3 not to cause or permit anything which may damage or endanger the intellectual
property of the LCA or LCA's title to it or assist or allow others to do so (the LCA's
intellectual property includes all aspects of the LCA's intellectual property in whatever
form associated with the LCA, including but not limited to the rights contained in their
website, stationery, customer lists, graphics, literature, style of trading, copyright,
design rights, unregistered design rights, patents, logos, course materials and content
etc)
2.4 not to solicit, deal with or engage any of the personnel provided by the LCA to supply
the Course for a period of two years from the date of this agreement without the prior
consent in writing from the LCA, further, for the duration of the course they will not
solicit, deal with or engage in any other business endeavours with any of the attendees
or LCA personnel
2.5 that the Course fee is non-refundable unless a Doctor's certificate is provided stating
that the delegate is too ill to attend the weekend workshop part of the Course. In other
circumstances the delegate may be transferred to another mutually agreeable Course
but this will be at the discretion of the LCA.
2.6 That any specifications, publicity or information supplied by the LCA in relation to the
provision of the Course are for guidance only and are subject to alteration so far as is
reasonable by the LCA at its sole discretion and without the need for the prior consent
of the client to be obtained
2.7 That in the event that the LCA is liable to any extent under this agreement or under
general law the LCA's liability is to be limited to the amount of the Fee paid by the
Client
2.8 That the LCA will not be liable in any way if the Course contains material which the
Client is already familiar with
2.9 That the LCA has not made any representation that participation in the Course
guarantees success as a Life Coach or will guarantee an income

- 35 -
 2.10 To indemnify and keep indemnified the LCA from and against any and all loss, damage
or liability (whether criminal or civil) suffered and legal fees and costs incurred by the
LCA resulting from a breach by the client including:
2.10.1 any act, neglect or default of the client's employees or agents
2.10.2 breaches in respect of any matter arising from the supply of the Services
resulting in any successful claim by any third party
2.11 with regard to insurance:-
2.11.1 to maintain at its own costs a comprehensive policy of insurance to cover the
liability of the client in respect of any act or default for which it may become
liable to indemnify the LCA under the terms of this agreement
2.11.2 to arrange that there is no minimum cover claim of that policy
2.11.3 to increase such cover annually by the rate of increase in the retail prices index
in the preceding twelve months
2.12 that if the client is paying the Fee by instalments, and if one of those instalments is
missed then the whole amount of the Fee immediately becomes due and payable
2.13 that any material submitted as part of the accreditation process becomes the property of
the LCA and can be used in any way it sees fit
2.14 that the LCA is a training organisation and not an agency in that the success of the
Coach's practice is in the hands of the individual
2.15 that the final assessment at the end of the Course is a cumulation of each separate unit
assessment and the CEO’s decision is final once all the applicable steps in the
Complaints, Grievances and Appeals procedures have been exhausted.
3. GST
3.1 All sums payable under this agreement unless otherwise stated are exclusive of GST
and other duties or taxes
3.2 Any GST or other duties payable in respect of such sums shall be payable in addition to
such sums
4. NO LIABILITY ON PART OF THE LCA UNLESS THE LCA IS IN DEFAULT
That the LCA shall not be liable for any consequential or indirect loss suffered by the Client
whether this loss arises from breach of any duty and contract or tort or in any other way
(including loss arising from the LCA's negligence). Non-exhaustive illustrations of
consequential indirect loss would be:-
4.1 Loss of profits;
4.2 Loss of contracts;
4.3 Damage to property of the Client or anyone else; and
4.4 Personal injury to the Client or anyone else (but only so far as such injury is not caused
by the LCA's negligence).

5. TERMINATION FOR BREACH

The following obligations are conditions of this agreement and any breach of them shall be
deemed a fundamental breach which shall determine this agreement immediately and the rights
and liabilities of the parties shall then be determined in accordance with clause 6:
5.1 Failure on the part of the Client to observe any obligation under this agreement not
requiring Notice to be served and in the case of obligations requiring Notice to be
served failure to comply with the terms of any Notice.
5.2 The levying of any distress or execution against the Client or the making by him of any
composition or arrangement with creditors of being a company the Client's liquidation
other than a member's voluntary liquidation.
5.3 The doing or permitting of any act by which The LCA's rights in the intellectual
property may be prejudiced or put in jeopardy.

- 36 -
 5.4 Failure of the Client to make any of the Fee in accordance with the terms of this
agreement

6. TERMINATION CONSEQUENCES
In the event of this agreement being determined whether by effluxion of time Notice breach or
otherwise:
6.1 The Client shall immediately pay to the LCA:
6.1.1 All arrears of Fees and any other sums due under the terms of this agreement
6.1.2 All further sums which would but for the determination of this agreement have
fallen due in accordance with this Contract less a discount for any accelerated
payment at the rate of 5% per year
6.2 Either party shall be entitled to exercise any one or more of the rights and remedies
given to it under the terms of this agreement and the determination of this agreement
shall not affect or prejudice such rights and remedies and each party shall be and
remain liable to perform all outstanding liabilities under this agreement
notwithstanding that the other may have exercised one or more of the rights and
remedies against it.
6.3 Any right or remedy to which either party is or may become entitled under this
agreement or in consequence of the other's conduct may be enforced from time to time
separately or concurrently with any right or remedy given by this agreement or now or
afterwards provided for and arising by operation of law so that such rights and
remedies are not exclusive of the other or others but are cumulative

7. MISCELLANEOUS
7.1 Warranty
Each of the parties warrants its power to enter into this agreement and has obtained all
necessary approvals to do so
7.2 Interest
Any sums due to the LCA from the Client shall bear interest from day to day at the
annual rate of 5% over the daily base lending rate of Commonwealth Bank within a
minimum of 12% per year
7.3 Receipt
The receipt of money by either of the parties shall not prevent either of them from
questioning the correctness of any statement in respect of such money
7.4 Force majeure
Both parties shall be released from their respective obligations in the event of national
emergency war prohibitive governmental regulation or if any other cause beyond the
reasonable control of the parties or either of them renders the performance of this
agreement impossible whereupon all money due under this agreement shall be paid
immediately and in particular each party shall be liable to pay to the other damages for
any breach of this agreement and all expenses and costs incurred by that party in
enforcing its rights under this agreement
7.5 Severance
If any provision of this agreement is declared by any judicial or other competent
authority to be void voidable illegal or otherwise unenforceable or indications to that
affect are received by either of the parties from any competent authority the parties
shall amend that provision in such reasonable manner as achieves the intention of the
parties without illegality or at the discretion of the LCA it may be severed from this
agreement
7.6 Whole agreement
Each party acknowledges that this agreement and the Conditions contain the whole
- 37 -
 agreement between the parties and that is has not relied upon any oral or written
representation made to it by the other or its employees or agents and has made its own
independent investigations into all matters relevant to it
7.7 Supersedes prior agreements
This agreement supersedes any prior agreement or oral and any such prior agreements
are cancelled as at the date of this agreement but without prejudice to any rights which
have already accrued to either of the parties
7.8 Discretion
Any decision exercise of discretion judgement or opinion or approval of any matter
mentioned in this agreement or arising from it shall be binding on a party only if in
writing and shall be at its sole discretion unless otherwise expressly provided in this
agreement
7.9 Change of address
Each of the parties shall give notice to the other of the change or acquisition of any
address or telephone, facsimile or similar number at the earliest possible opportunity
but in any event within three days of such change or acquisition
7.10 Notices
Any notice to be served on either of the parties by the other shall be sent by recorded
delivery or registered post to the address of the relevant party shown at the head of this
agreement or by facsimile transmission or by electronic mail or by telex and shall be
deemed to have been received by the addressee within 72 hours of posting or 24 hours
if sent by facsimile transmission or by electronic mail or telex to the correct facsimile
number or electronic mail number of the addressee (with correct answerback)
7.11 Headings
Headings contained in this agreement are for reference purposes only and should not be
incorporated into this agreement and shall not be deemed to be any indication of the
meaning of the clauses to which they relate
7.12 Joint and several
All agreements on the part of either of the parties which comprise more than one
person or entity shall be joint and several and the neuter singular gender throughout
this agreement shall include all genders and the plural and the successor in title to the
parties
7.13 Proper law and jurisdiction
7.13.1 This agreement shall be governed by Australian law in every particular
including formation and interpretation and shall be deemed to have been made
in Australia
7.13.2 Any proceedings arising out of or in connection with this agreement may be
brought in any court of competent jurisdiction in Australia
7.13.3 The submission by the parties to such jurisdiction shall not limit the right of the
LCA to commence any proceedings arising out of this agreement in any other
jurisdiction it may consider appropriate
7.13.4 Any notice of proceedings or other notices in connection with or which would
give effect to any such proceedings may without prejudice to any other method
of service be served on any party in accordance with clause 7.10
7.13.5 In the event that the Client is resident outside Australia its address for service in
Australia shall be the address for such service nominated at the head of this
agreement and any time limits in any proceedings shall not be extended by
virtue only of the foreign residence of the Client
7.14 Rights Cumulative
All rights granted to either of the parties shall be cumulative and no exercise by either

- 38 -
 of the parties of any right under this agreement shall restrict or prejudice the exercise of
any other right granted by this agreement or otherwise available to it
7.15 Survival of terms
No item shall survive expiry or termination of this agreement unless expressly provided
7.16 Waiver
The failure by either party to enforce at any period any one of the terms or conditions
of this agreement shall not be a waiver of them or of the right at any time subsequently
to enforce all terms and conditions of this agreement
7.17 No Authority
The LCA's representatives are not authorised to do any of the following things on
behalf of the LCA
7.17.1 Remove or vary any of the terms or introduce any other terms, written or oral,
into the contract;
7.17.2 Make any representation, agree any condition, precedent, or enter into any
collateral contract;
7.17.3 Accept any offer or counter-offer made by the Client

8. ARBITRATION
All disputes or differences which shall at any time arise between the parties whether during the term
of this agreement or afterwards touching or concerning this agreement or its construction of effect or
the rights duties or liabilities of the parties under or by virtue of it or otherwise or any other matter in
any way connected with or arising out of the subject matter of this agreement shall be referred to a
single arbitrator to be agreed upon by the parties.

- 39 -