Catalyst Terms of Service Agreement

PARTIES

1 Katee Gray, (“We, Us or Our”)

2 The Client (“You or Your”)

3 Business Manager (“The Business Manager”)

  1. Services

The Catalyst 2025 Investment includes the following; 

  • Immediate Community App access (for recordings + support)

  • 2 x group goal setting sessions

  • 6 x 60 min group coaching sessions 

  • 3 x 60 min group collaboration sessions 

  • 2 x 90 min Hot seat sessions

  • 3 x 60 min Masterclasses (Business owners are invited too!)

  • 2 x Practice diagnostic reviews and analysis 

  • Private group app for discussion, resource library and collaboration

  • Access to all resources and tools from 2024 & 2025

  • Access to recordings from 2024 sessions and all future sessions in 2025. 

2. Term of service

Commencement date: February 3rd 2025

Completion date: December 5th 2025

Term of agreement: 10 months

Delivery of service: Services will be delivered virtually via phone, zoom or within the Catalyst application. 

3. Fee Schedule

If paid in full: 

  • Priority Access enrolment before December 6th 2024:  Non-Refundable deposit of $900AUD*, with a balance payment of $3,000AUD* due within 30 days. The total fee payable is $3,900AUD, Plus GST for Australians.

  • Standard, after December 6th: A non-Refundable deposit of $900AUD*, with a balance payment of $4000AUD* due within 30 days. The total fee payable is $4,900AUD, Plus GST for Australians.

  • * indicates a fee that incurs GST For Australians.

If payment plan: 

  • Priority Access enrolment before December 6th 2024: A non-refundable deposit of $900AUD plus GST for Australians will be collected upon registration. 

    • 10 Monthly instalments of $350AUD (plus GST for Australians) will be direct debited on the 1st of the month from February - November 2025.

  • Standard enrolment, after December 6th 2024: A non-refundable deposit of $900AUD plus GST for Australians will be collected upon registration. 

    • 10 Monthly instalments of $400AUD (plus GST for Australians) will be direct debited on the 1st of the month from February - November 2025.

3.2. Payment Terms

(a) You agree to pay Katee Gray the Fees outlined as per Item 3 above.

(b) You acknowledge and agree that Katee Gray reserves the right to halt the Services if You default on any due payments under this Agreement, or if the Fees are unpaid by You for any other reason.

3.3. Goods and Services Tax

Unless otherwise stated, all amounts expressed and described on or in connection with this Agreement are listed in Australian Dollars (AUD) and are GST exclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, exclusive amounts.

4. Cancellations, Transfers and Refunds

(a) You or The Business Manager must notify Katee Gray of an intention to cancel any part of the Services as soon as practicable through e-mail to katee@kateegray.com and abide by the following; 

(b) If The Business Manager is unable to attend a session (group or 1:1), You will not be provided with a refund or credit. Where reasonable, group sessions will be recorded and made available to all participants to view as soon as practicable following the live group session. Unless otherwise agreed, you will have access to these recordings for the term of your enrolment in Catalyst.

(c) The Fees include a non-refundable Deposit (the ‘Deposit’). If You wish to terminate the Services early, You will not receive a refund of the Deposit.

(d) If you or The Business Manager choose to terminate the Services early, and You are making payment of the Fees by way of a payment plan, You agree to pay Katee Gray for the portion of the Services completed up to the date and time of termination and provide 30-days notice. 

(e) If you or The Business Manager choose to terminate the Services early, and You have made payment of the Fees up-front, Katee Gray agrees to refund You for the unused portion of the Fees, to be calculated by Katee Gray and which will equate to the total Fees paid less the Deposit and less any fees for the portion of the Services completed/provided up to the date and time of cancellation. 

(f) Katee Gray reserves the right to terminate this Agreement for breach of this Agreement by You or The Business Manager with 7-days notice to You by e-mail. At Katee Gray’s discretion, Katee Gray may allow You to remedy the breach within 3 days’ notice, or another timeframe as Katee Gray nominates, and in being satisfied with the remedy of the breach by You, Katee Gray will not cancel the Agreement.

(g) If Katee Gray terminates this Agreement with You or The Business Manager, You agree to pay Katee Gray for the portion of the Services completed/provided up to the date and time of termination.

(h) In the event that Katee Gray is unable to continue to provide the Services, You will be provided with a refund of the unused portion of the Fees (the Refund).

(i) In the event The Business Manager is no longer employed by You, a transfer to a new individual will be executed at Your request.

5. Photography, Video and other Media Release

You or The Business Manager agree that by participating in Catalyst irrevocably grant Katee Gray, its agents and representatives or licensees or assignees the right and permission to take, use, re-use, publish and re-publish, either separately or together, either wholly or in part, photographic portraits or pictures of You or those in which You may be included, in whole or in part, or composite or distorted in character or form, without restriction as to changes or alterations. You understand that this media may be used for the following purposes: promotional material, social media, marketing, email and other associated uses.

6. Disclaimer

(a) You and The Business Manager are solely responsible for creating and implementing your own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the Services and the group and individual sessions and interactions with Katee Gray. As such, You agree that Katee Gray is not and will not be liable or responsible for any actions or inaction, including effects on your personal life, business or career, or for any direct or indirect result of any Services provided by Katee Gray.

(b) You and The Business Manager understand that the Services are not a substitute for business advice. Katee Gray recommends that you seek independent accounting or legal advice prior to relying on any information, tools, calculators, financial numbers, case examples or guidance provided in the Sessions. Katee Gray will not be liable in any way for Your use of, or reliance upon, the information or advice provided during the delivery of the Services.

(c) You and The Business Manager understand that in order to enhance the coaching relationship, You and The Business Manager agree to communicate honestly, be open to feedback and assistance and create the time and energy to participate fully in the Services.

7. Legal Capacity

7.1 Representation of Capacity

Each party represents and warrants that:

(a) If an individual, they are of legal age (18 years or older) and of sound mind to enter into this Agreement;

(b) If a business entity, it is duly organised, validly existing, and in good standing under the laws of its jurisdiction of incorporation or organisation;

(c) It has full power and authority to enter into this Agreement and to perform its obligations here under;

(d) The execution and delivery of this Agreement and the performance of its obligations hereunder have been duly authorised by all necessary action on its part; and

(e) This Agreement constitutes a legal, valid, and binding obligation, enforceable against it in accordance with its terms.

7.2 No Conflicts

Each party represents that entering into this Agreement does not violate any other agreement to which it is bound or any law, rule, or regulation to which it is subject.

7.3 Notification of Change

Each party agrees to promptly notify the other party if any circumstance arises that may affect its capacity to fulfill its obligations under this Agreement.

8. Confidentiality

(a) All obligations of confidentiality set out in this Agreement continue in full force and effect after the Services have been provided.

(b) Either Party must not disclose any Confidential Information to any third-party without the other Party’s, or other participant’s prior consent.

(c) Each Party must keep confidential the terms of this Agreement and any Confidential Information shared during group or individual sessions. If a Party becomes aware of a breach of this obligation, that Party will immediately notify the other Party.

(d) This Agreement prohibits the disclosure of Confidential Information by Katee Gray with exception to the following circumstances:

i. the disclosure is to a professional adviser for it to provide advice in relation to matters arising under or in connection with this Agreement and You or The Business Manager have consented to the disclosure of such information to the professional adviser;

ii. the disclosure is required by applicable law or regulation; or

iii. if the confidential information is already in the public domain at no fault of Katee Gray.

9. Intellectual Property Rights

(a) You and The Business Manager agree that any works, items, documentation, creative works, materials or information of whatever nature produced or developed by Katee Gray or under Katee Gray’s direction pursuant to or in the course of providing the Services will remain the sole and complete property of Katee Gray, whether such property is tangible or is in the nature of industrial and Intellectual Property Rights (including copyright and rights of Confidential Information).

10. Indemnification

You hereby indemnify and agree to keep indemnified Katee Gray against all liability, losses or expenses you incur in relation to or in any way directly or indirectly connected with any breach of copyright or any rights in relation to copyright in such literary and artistic works supplied as aforesaid.

11. Severability

11.1 If any provision of this Agreement is found to be illegal, invalid, or unenforceable under any applicable law, such provision shall, insofar as it is severable from the remaining provisions, be deemed omitted from this Agreement and shall in no way affect the legality, validity, or enforceability of the remaining provisions.

11.2 In such cases, the Parties shall negotiate in good faith to replace the illegal, invalid, or unenforceable provision with a valid and enforceable provision that achieves, to the greatest extent possible, the original intention of the Parties as reflected in the original provision.

11.3 If the remainder of the provisions of this Agreement are sufficient to carry out the intent of the Parties, they shall remain in full force and effect, and the Agreement shall be construed as if such illegal, invalid, or unenforceable provision had never been contained in it.

11.4 In the event that the terms and conditions of this Agreement are materially altered as a result of the above, the Parties shall renegotiate the terms and conditions of this Agreement to resolve any inequities.

11. Governing Law & Jurisdiction

(a) This Agreement is governed by the laws of Victoria, Australia.

(b) In the event of any dispute arising out of or in relation to the Services, the parties agree that Victoria, Australia will be the venue for resolving any disputes.

12. Acknowledgment of Terms and Effective Date

12.1 Acknowledgment of Terms By paying the non-refundable deposit as outlined in Section 3 of this Agreement, You ("the Client") explicitly acknowledge and agree that:

(a) You have read this entire Agreement; (b) You understand all terms and conditions set forth in this Agreement; (c) You have had the opportunity to discuss any questions or concerns regarding this Agreement with Katee Gray or seek independent legal advice; (d) You voluntarily agree to be bound by all the terms and conditions of this Agreement.

12.2 Effective Date (a) This Agreement shall become effective on the date that the non-refundable deposit, as specified in Section 3 of this Agreement, is received by Katee Gray ("the Effective Date"). (b) The Effective Date shall be considered the formal date of signing and acceptance of this Agreement by both parties.