IMPORTANT: This document constitutes a legally binding agreement. By purchasing, accessing, or using any services, content, or products provided by “James Osborne Byrnes” Coaching Service (“we,” “us,” “our”), you (“the Client,” “You”) confirm that you have read, understood, and agree to be bound by these Terms of Service (“Terms”). If you do not agree with these Terms, you must not use our services.
1. Description of Services
“James Osborne Byrnes” Coaching Service provides life coaching services for men, specialising in communication, confidence, and social dynamics. Services include, but are not limited to: One-on-One (1:1) coaching sessions, access to digital content (e.g., “The Body Decoded”), and The C.O.D.E. Method™ framework.
2. Important Disclaimers
- 2.1. Not a Substitute for Therapy: You acknowledge that our coaching services are not a substitute for professional mental health care or medical care and are not intended to diagnose, treat, or cure any condition. Coaching is not licensed therapy. You understand that your coach is not acting as a licensed mental health counsellor or medical professional.
- 2.2. No Guaranteed Outcomes: We are committed to providing you with exceptional tools and guidance. However, we do not and cannot warrant or guarantee any specific results. Your success is dependent on numerous factors beyond our control, including your personal commitment, effort, and unique circumstances. We sell coaching and education, not a guaranteed outcome.
3. The Client Code of Conduct
Adherence to this Code of Conduct is a material term of this agreement. Violation is grounds for immediate termination of all services without refund.
- 3.1. Commitment to Ethical Growth: You warrant that you are engaging with our coaching with a genuine desire for ethical self-improvement. You agree that you will not use our coaching to learn or apply manipulative, coercive, or deceptive tactics.
- 3.2. Absolute Respect: You must treat the coach, staff, and any third parties encountered during any activity related to our services with the utmost respect and dignity. There is a zero-tolerance policy for harassment (sexual or otherwise), discrimination, hate speech, intimidation, or any aggressive behavior.
- 3.3. Sobriety and Presence: To ensure clarity, safety, and authentic interaction, you agree to attend all coaching sessions (both in-person and online) sober and not under the influence of alcohol or illegal substances.
- 3.4. Lawful and Safe Conduct: You are solely responsible for your own safety and actions. You agree to act lawfully and respectfully in all venues. Any illegal activity will result in immediate termination and may be reported to the relevant authorities.
- 3.5. Confidentiality & No Recording: You agree to hold all information shared during coaching in strict confidence. You are expressly prohibited from recording (audio or video) any part of a coaching session without our express, prior written consent. This obligation of confidentiality shall survive the termination of this agreement.
4. Intellectual Property Rights
Unless otherwise indicated, all content, services, and proprietary concepts, including “The C.O.D.E. Method™”, are our property and are protected by copyright and trademark laws. The materials are licensed to you for your personal, non-commercial use only. You may not share, reproduce, distribute, or create derivative works from our materials without our express written consent.
5. Fees, Payment, and Refunds
- 5.1. Payment: All fees will be outlined in a separate Coaching Agreement. Unless otherwise specified, payments must be made in advance of scheduled sessions.
- 5.2. Refund Policy: All Sales Are Final. Due to the immediate provision of intellectual property, personalized strategies, and the reservation of our time, all payments are non-refundable. No refunds, in part or in full, will be issued for any reason, including your change of mind or lack of participation.
- 5.3. Cancellation & Rescheduling: Terms regarding cancellation or rescheduling (e.g., 48-hour notice requirement) will be detailed in your Coaching Agreement. Failure to adhere to these terms will result in the forfeiture of the session fee without credit.
6. Assumption of Risk, Limitation of Liability & Indemnification
- 6.1. Assumption of Risk: You understand that you are voluntarily participating in coaching activities which involve inherent social, emotional, and physical risks, including but not limited to social rejection and emotional distress. You knowingly and freely assume all such risks.
- 6.2. Limitation of Liability: To the maximum extent permitted by law, “James Osborne Byrnes” Coaching Service, its owner(s), employees, and contractors (collectively, “Our Representatives”) shall not be held liable for any direct, indirect, or consequential damages arising from your use of our coaching services. Our total liability to you for any cause whatsoever will at all times be limited to the amount paid, if any, by you to us for the services in question.
- 6.3. Indemnification: You agree to indemnify, defend, and hold us and Our Representatives harmless from any and all claims, liabilities, damages, and expenses (including reasonable legal fees) arising from or in any way related to (a) your actions or conduct; (b) your violation of these Terms; or (c) any dispute between you and any third party.
7. Termination
We reserve the right to terminate our coaching relationship at our sole discretion, at any time, with or without cause. If we terminate the relationship due to your violation of the Code of Conduct, no refund will be provided.
8. Governing Law and Dispute Resolution
These Terms shall be governed by the laws of New South Wales, Australia. You irrevocably consent that the courts of New South Wales shall have exclusive jurisdiction to resolve any dispute.
9. General Provisions
- 9.1. Severability: If any provision of these Terms is found to be unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect.
- 9.2. Entire Agreement: These Terms, together with any separate Coaching Agreement, constitute the entire agreement between you and us and supersede all prior communications.