CLIENT AGREEMENT
Description of Coaching: Coaching is a 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 and development of personal and/or professional goals and to develop and carry out a strategy or plan for achieving those goals.
[1] THE COACH-CLIENT RELATIONSHIP
A. Coach agrees to maintain the ethics and standards of behavior established by the International Coach Federation “(ICF)” (Coachfederation.org/ethics).
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 sessions 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.
C. Client further acknowledges that he/she may terminate or discontinue the coaching relationship at any time. One week written advance notice is preferred.
D. Client acknowledges that coaching is a comprehensive process that may involve different areas of his or her life, including work, finances, health, relationships, education, and recreation. The Client agrees that deciding how to handle these issues, incorporate coaching support into those areas, and implementing choices is exclusively the Client’s responsibility.
E. Client understands coaching is not therapy and does not prevent, cure, or treat any mental disorder or medical disease. Coaching supports “mental wellness” and its associated goals. Client further acknowledges that coaching does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association and that it is the Client’s exclusive responsibility to seek such independent professional guidance as needed for such conditions.
F. 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.
[2] SERVICES
The parties agree to engage in either a multi-session Coaching Package, or a one-session-at-a-time arrangement, using video chat for online meetings. The Coach will be available to Client by e-mail in between scheduled meetings as defined by the Coach, such as for schedule changes, or to share Client’s note-taking or journal-writings with Coach. Coach may also be available for additional time, per Client’s request on a prorated basis rate of standard session rate (for example, reviewing documents, reading or writing reports, engaging in other Client-related services outside of coaching hours).
[3] SCHEDULE AND FEES
Session fees are due in advance of session. Sessions may be purchased as single sessions (one session at a time), or as recurring monthly packages of either two or four sessions. Standard sessions are 50 minutes in duration; extended sessions are 80 minutes in duration.
[4] PROCEDURE
The time of the online coaching meetings will be determined by Coach and Client based on a mutually agreed-upon time. Prior to the scheduled appointment time, Client will be provided with the link and password for entering the online video chatroom.
[5] CONFIDENTIALITY
This coaching relationship, as well as all information (documented or verbal) that the Client shares with the Coach as part of this relationship, is bound by the principles of confidentiality set forth in the ICF Code of Ethics. The Coach agrees not to disclose any information pertaining to the Client without the Client’s written consent. The Coach will not disclose the Client’s name as a reference without the Client’s consent.
Confidential Information does not include information that: (a) was in the Coach’s possession prior to its being furnished by the Client; (b) is generally known to the public or in the Client’s industry; (c) is obtained by the Coach from a third party, without breach of any obligation to the Client; (d) is independently developed by the Coach without use of or reference to the Client’s confidential information; or (e) the Coach is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to the Coach and as a result of such disclosure the Coach reasonably believes there to be an imminent or likely risk of danger or harm to the Client or others; and (g) involves illegal activity. The Client also acknowledges his or her continuing obligation to raise any confidentiality questions or concerns with the Coach in a timely manner.
[6] CANCELLATION POLICY
To cancel a scheduled Coaching Session, Client agrees that it is the Client's responsibility to notify the Coach twenty-four hours in advance of the scheduled meeting. Coach reserves the right to bill Client for a missed meeting (late-notice cancelation or no-show). Coach will attempt in good faith to reschedule the missed meeting.
[7] REFUND POLICY
The Refund Policy refers to the purchase of multi-session packages when there is a cancelation of services. The multi-session package refund policy in effect for the term of this Agreement is as follows:
- Termination of pre-paid coaching package with unused sessions after payment and within 48 hours of our first scheduled session will be subject to a $75 processing fee deducted from the amount paid prior to a refund being issued.
- Termination of pre-paid coaching package with unused sessions after payment and more than 48-hours prior to the first scheduled session will be subject to a $50 processing fee deducted from the amount paid prior to a refund being issued.
- Once coaching has commenced, refund of pre-paid package will be calculated on a pro-rata basis less $75 processing fee.
- There are no refunds on completed sessions.
- Individual “one-at-a-time” sessions are not refunded. They are re-scheduled.
- Refunds must be requested within 30 days of the last actual session.
- After 30 days, no refunds will be given.
- Unused sessions that are paid for in any given month may be rescheduled to another month for up to six months from the date of payment.
- Unused sessions may be gifted to a friend or family member presuming that person is deemed by the Coach as suitable for coaching.
[8] TERMINATION
Either the Client or the Coach may terminate this Agreement at any time with one-week written notice. For any outstanding payment of coaching services, Client agrees to compensate the Coach for all coaching services rendered through and including the effective date of termination of the coaching relationship.
[9] LIMITED LIABILITY
Except as expressly provided in this Agreement, the Coach makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the coaching services negotiated, agreed upon and rendered. In no event shall the Coach be liable to the Client for any indirect, consequential or special damages. Notwithstanding any damages that the Client may incur, the Coach’s entire liability under this Agreement, and the Client’s exclusive remedy, shall be limited to the amount actually paid by the Client to the Coach under this Agreement for all coaching services rendered through and including the termination date.
[10] ENTIRE AGREEMENT
This document reflects the entire agreement between the Coach and the Client, and reflects a complete understanding of the parties with respect to the subject matter. This Agreement supersedes all prior written and oral representations. The Agreement may not be amended, altered or supplemented except in writing signed by both the Coach and the Client.
[11] DISPUTE RESOLUTION
If a dispute arises out of this Agreement that cannot be resolved by mutual consent, the Client and Coach agree to attempt to mediate in good faith within 30 days after notice is given. If the dispute is not so resolved, and in the event of legal action, the prevailing party shall be entitled to recover attorney’s fees and court costs from the other party.
[12] SEVERABILITY
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
[13] WAIVER
The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
[14] APPLICABLE LAW
This Agreement shall be governed and construed in accordance with the laws of the State of California, without giving effect to any conflicts of laws provisions.
[15] BINDING EFFECT
This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns.
