Terms and Conditions: Archived Version 2026.1

Part A: Coaching Engagement Terms, Version 2026.1

Version 2026.1  |  Effective date: 02/10/2026

About these Terms

These Terms and Conditions form part of the Commercial Strategist Engagement Agreement signed by The Company and The Consultant (the "Agreement Details"). In these Terms, "this agreement" means the signed Agreement Details together with these Terms and Conditions.

The version of these Terms and Conditions that applies to an engagement is the version in force on the date the Agreement Details are signed, as named in the Agreement Details. Later versions do not apply to that engagement unless both parties agree in writing.

If there is any inconsistency, Special Conditions in the Agreement Details apply first, then the rest of the Agreement Details, then these Terms and Conditions.

1. Parties and Definitions

This agreement is made between the business named as The Company in the Agreement Details ("The Company") and Micheal Parker, MBA, trading as Enable Coaching (ABN 49 269 055 191) of 16-18 Blueberry Street, Bribie Island QLD 4507 ("The Consultant").

"The Company" means the business whose details are stated in this agreement and has agreed to contract an authorised licensee of Enable Coaching to perform consulting services. "The Consultant" means the company or individual that has entered into this agreement to supply The Company with the goods and/or services purchased by The Company. "The Products & Services" refer to those goods and/or services purchased by The Company from The Consultant. "Fees" means the fees set out in the Agreement Details.

2. Consultation Services

The Company hereby contracts The Consultant to perform the following services in accordance with the terms and conditions set forth in this agreement: The Consultant will consult with the owners, officers and employees of The Company concerning matters relating to the profitability, marketing, sales, management, human resources and generally any matter arising out of the daily operations of The Company, as part of the package selected and described in the Agreement Details. This agreement will start on the date of signing (the Start Date) and continue for the term set out in clause 3.

3. Term and Notice

3.1 This agreement starts on the date it is signed by both parties (the Start Date) and continues for an initial term of twelve (12) months ("Initial Term").

3.2 After the Initial Term, this agreement continues on a month to month basis at the Fees then applying, until either party gives the other thirty (30) days' written notice to end it.

4. Supply of Products and Services

The Consultant agrees to provide The Company with The Products & Services as detailed in this agreement, subject to clause 5 (Information). The Company acknowledges that it may request additional products and/or services from The Consultant for an additional cost, the provision of such products and/or services to be at the discretion of The Consultant.

5. Information

The information provided in The Products & Services is for reference purposes only. The Products & Services are sold on the terms and understanding that (1) The Consultant is not responsible for the results of any actions taken on the basis of information in The Products & Services, nor for any error in or omission from The Products & Services; and (2) The Consultant is not engaged in rendering legal, accounting, professional or other advice or services. The Consultant expressly disclaims all and any liability and responsibility to any person, whether a purchaser or reader of this publication or not, in respect of anything, and of the consequences of anything, done or omitted to be done by any such person in reliance, whether wholly or partially, upon the whole or any part of the contents of The Products & Services.

6. Place Where Products & Services Will Be Rendered

The Consultant will perform most services in accordance with this agreement at a location of The Consultant's discretion. In addition, The Consultant will perform services on the telephone, through video conference, or email and at such other places as necessary to perform these services in accordance with this agreement.

7. Payment to Consultant

The Company will pay The Consultant the Fees in accordance with the payment schedule in the Agreement Details. All Fees are in Australian dollars and, unless the Agreement Details state otherwise, are exclusive of GST. Where GST applies, The Consultant will show it on a tax invoice and The Company must pay the GST in addition to the Fees.

8. Payment Terms and Recovery of Costs

8.1 The Consultant will issue tax invoices to The Company in line with the payment schedule in the Agreement Details, and for any additional products or services requested under clause 4.

8.2 The Company must pay each invoice in full within seven (7) days of the invoice date ("Payment Terms"), by bank transfer, or by another method stated in the Agreement Details.

8.3 If The Company does not pay an amount in accordance with the Payment Terms, The Consultant may, in addition to any other rights it has under this agreement or at law:

(a) if The Consultant terminates this agreement under clause 14 for non-payment, charge The Company interest on the overdue amount at a rate equal to the National Australia Bank Overdraft Base Rate;

(b) immediately commence proceedings against The Company to recover the overdue amount; and

(c) recover from The Company all costs incurred in recovering, or attempting to recover, the overdue amount, including legal costs and outlays on a full indemnity basis.

8.4 If the Agreement Details state that expense reimbursement applies, The Company must reimburse The Consultant for all expenses reasonably and properly incurred in providing The Products & Services, including travel, accommodation and subsistence expenses.

8.5 An event described in clause 16 (Performance) does not suspend The Company's obligation to pay the Fees.

8.6 If Financed is selected as the method of payment in the Agreement Details, The Company remains responsible for payment of the Fees to The Consultant in accordance with this agreement. Any finance arrangement is between The Company and the finance provider, and does not form part of this agreement.

9. Early Termination by The Company

9.1 If this agreement ends for any reason, The Consultant may invoice for The Products & Services provided up to the date it ends that have not yet been invoiced, and The Company must pay all outstanding invoices, whether or not they are due.

9.2 If this agreement ends before the end of the Initial Term for any reason other than a default by The Consultant, The Company must pay the Fees for the balance of the Initial Term, calculated at the Fees applying on the date it ends, less any costs The Consultant can reasonably avoid. These amounts become immediately due and payable.

9.3 The parties agree that the amounts payable under clause 9.2 are not a penalty, and are a reasonable estimate of the loss The Consultant is likely to suffer from early termination, given its commitments to The Company.

9.4 This clause survives the end of this agreement.

10. Guarantee

This clause applies only if all of the following are met:

(a) the program is Full Service Full Speed (FSFS) at $25,000 plus GST, or Full Service Half Speed (FSHS) at $15,000 plus GST;

(b) The Company has paid the Fees in full, and not under a monthly payment arrangement; and

(c) the Agreement Details state that the Guarantee applies.

If, twelve (12) months after the commencement of this agreement, The Company has not recovered the full amount of its coaching investment through the implementation of The Consultant's advice, The Consultant will continue to provide services to The Company at no additional charge until that investment has been recovered. This Guarantee is subject to the Guarantee Conditions in Schedule A.

11. Contingency Agreement

As stated in the Agreement Details.

12. Independent Contractor

Both The Company and The Consultant agree that The Consultant will act as an independent contractor in the performance of its duties under this agreement.

13. Disclaimer

The Company acknowledges and agrees that The Consultant, and any agent, employee or representative of The Consultant, have not made any guarantees or promises concerning the income, revenue or profits which can or might be realised by The Company by using the information contained within The Products and Services. The results of The Company are totally dependent on The Company's own skill and application of the information in The Products and Services.

14. Termination by Consultant

This agreement may be immediately terminated by The Consultant if The Company fails to comply with the payment terms as detailed in this agreement, and The Company has failed to remedy the breach within 14 days of having received written notice of the breach and a request that it be remedied. In the event The Consultant terminates this agreement, The Consultant reserves the right to re-possess The Products and Services.

15. Confidential Information

The Consultant agrees that any information received by The Consultant during any furtherance of The Consultant's obligations in accordance with this agreement, which concerns the personal, financial or other affairs of The Company, will be treated by The Consultant in full confidence and will not be revealed to any other persons, firms or organisations.

16. Performance

Neither party shall be responsible for delays or failures in performance resulting from acts beyond its control, such as acts of God, acts of war, epidemics, civil insurrection, riot, power outages, fire, earthquakes and other disasters.

17. Proper Law

This agreement shall be interpreted according to the laws of Queensland, Australia, and that law shall be the proper law of this agreement.

18. Special Conditions

Any Special Conditions in the Agreement Details form part of this agreement. If a Special Condition is inconsistent with any other term of this agreement, the Special Condition applies to the extent of the inconsistency.

19. Indemnity

19.1 The Company indemnifies The Consultant, and its employees, agents and representatives, against any claim, loss, liability, cost or expense (including legal costs on a full indemnity basis) arising from or in connection with:

(a) any breach of this agreement by The Company;

(b) any act or omission of The Company or its officers, employees, contractors or agents, including any decision made or action taken by The Company in implementing, or choosing not to implement, The Products & Services;

(c) any claim by a third party (including The Company's employees, customers, suppliers or any regulator) arising from the operation of The Company's business; and

(d) any information or materials supplied by The Company to The Consultant, including any claim that their use by The Consultant infringes the rights of a third party.

19.2 The Company's liability under clause 19.1 is reduced to the extent that the claim, loss, liability, cost or expense was caused by the negligence, wilful misconduct or fraud of The Consultant.

19.3 This clause survives the end of this agreement.

20. Limitation of Liability

20.1 To the maximum extent permitted by law, The Consultant's total liability to The Company for all claims arising from or in connection with this agreement, whether in contract, tort (including negligence), under statute or otherwise, is limited to the total Fees paid by The Company to The Consultant under this agreement.

20.2 To the maximum extent permitted by law, The Consultant is not liable to The Company for any loss of profit, revenue, opportunity or data, or for any indirect or consequential loss, however caused.

20.3 Nothing in this agreement excludes, restricts or modifies any right or remedy The Company has under the Australian Consumer Law that cannot lawfully be excluded. Where the law allows, The Consultant's liability for a breach of such a right is limited to supplying the services again, or paying the cost of having the services supplied again.

20.4 This clause survives the end of this agreement.

Schedule A: Guarantee Conditions

This Schedule applies only where the Guarantee applies under clause 10. Any Guarantees are subject to the following conditions and would become invalid if:

(a) The client ends the contract prematurely or fails to make all payments to The Consultant as and when they are due;

(b) The client does not live up to the stated accountabilities;

(c) The client doesn't provide support or act as a sponsor, or assign key personnel to implement what is agreed at regular meetings;

(d) The client disappears or doesn't respond to our communications within the agreed upon time period (usually 48 hours);

(e) The client does not enforce subordinate accountability (i.e. enforce consequences for negative, ineffective, or lazy behaviour);

(f) The overall economy or the specific industry that the client is engaged in takes a downturn over at least two consecutive quarters;

(g) The client has made some bad assumptions or has misrepresented the facts, either knowingly or innocently, which are verified to be incorrect;

(h) The client has inadvertently under-committed in terms of support and is not investing the time needed to be the champion;

(i) Key people are on vacation, ill, responding to emergencies, or called away by client demands and do not implement within the agreed upon time frame;

(j) The competition makes a dramatic, unexpected move;

(k) A new technology emerges suddenly, or an existing one fails;

(l) Key customers of the client desert;

(m) Lower down in the organisation, people are resisting a project because of rumour or competing self-interests;

(n) The client does not inform The Consultant (within 48 hours) if any situations develop that could materially affect the outcomes and success of the agreed upon implementation plan.

End of archived Version 2026.1.