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, to overcome obstacles that hinder those 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 their own physical, mental and emotional well-being, decisions, choices, actions, and results arising out of or resulting from the coaching relationship and their 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/they may terminate or discontinue the coaching relationship at any time. One week's written advance notice is preferred.
D. Client acknowledges that coaching is a comprehensive process that may involve different areas of his/her/their 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 that coaching does not prevent, cure, or treat any mental disorder or medical illness. 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 shall be available to Client via e-mail in between scheduled meetings as defined by the Coach, such as for schedule changes, or for Client to share Client’s notes 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. (Examples: reviewing documents, reading or writing reports, engaging in other Client-related services outside of coaching hours.)
[3] PROGRAM FEES AND CLIENT PORTAL
Program fees are due in advance of the first session, payable by credit card or PayPal. Coaching sessions are purchased online using a secure portal provided by Coach. Active clients have their own unique login credentials and may access the secure portal anytime. Client’s password is not visible to Coach.
[4] PROCEDURE
The time of the online coaching meetings shall 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. Client will receive notification reminders via email in advance of coaching sessions.
[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 (24) hours in advance of the scheduled meeting.
[7] REFUND POLICY
Our first session is a 30-minute Zoom call for us to get acquainted and discuss your goals for this program. If during our first 30-minute call, either of us feels like this program is not a good fit, funds will be refunded right away.
[8] TERMINATION
Either the Client or the Coach may terminate this Agreement during or at the conclusion of the first 30-minute session. The Client will be asked if they wish to proceed with the program. If the Client does not wish to proceed, it is up to the Client to communicate this fact to the Coach during the initial meeting. Funds shall be promptly returned to the Client. This Termination Policy is designed to create a no-risk entry for the Client.
[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.
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