Terms & Conditions
1. 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 maximise personal and professional potential. It is designed to facilitate the creation/development by the Client of personal, professional or business goals and to promote an environment for the Client to develop and carry out a strategy/plan for achieving those goals. 1. Coach-Client Relationship A. The Coach agrees to maintain the ethics and standards of behaviour established by the International Coach Federation “(ICF)” (Coachfederation.org/ethics). It is recommended that the Client review the ICF Code of Ethics and the applicable standards of behaviour. B. The 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 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. The Client understands coaching is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease. C. The Client further acknowledges that they may terminate or discontinue the coaching relationship at any time. D. The Client acknowledges that coaching is a comprehensive process that may involve different areas of their life, including work, finances, health, relationships, education and recreation. The Client agrees that deciding how to handle these issues, incorporate coaching principles into those areas and implementing choices, is exclusively the Client’s responsibility. E. The Client acknowledges that coaching does not involve the diagnosis or treatment of mental disorders and that coaching is not to be used as a substitute for counselling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals and that it is the Client’s exclusive responsibility to seek such independent professional guidance as needed. If the Client is currently under the care of a mental health professional, it is recommended that the Client promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by the Client and the Coach. 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. G. The Client understands that the Coach is engaged as an independent contractor. The Coach acts at all times as an independent contractor and has no authority to bind or represent any other party in any way. No other party shall be held liable by the Client for any act, matter or thing done or to be done by the Coach throughout the duration of the coaching period.
Coaching sessions will be of approximately 1 hour duration but no less than 45 minutes. It is at the Coach’s discretion whether a given session may run overtime if the Client arrives late. The Client is still liable for the full cost of a session in the event that they arrive late to the session. Coaching sessions will take place over the phone or via video conferencing.
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. However, the Coach-Client relationship is not considered a legally confidential relationship (like the medical and legal professions) and thus communications are not subject to the protection of any legally recognised privilege. 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 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 their continuing obligation to raise any confidentiality questions or concerns with the Coach in a timely manner. According to the ethics of our profession, topics may be anonymously and hypothetically shared with other coaching professionals for training, supervision, mentoring, evaluation, and for coach professional development and/or consultation purposes.
Policy It is the Client's responsibility to notify the Coach 48hoursin advance of the scheduled coaching session in the event of a cancellation. The Coach reserves the right to bill the Client for a missed meeting in the event of insufficient notice being given. In the event that the Coach cancels a session, the session will be rescheduled for another agreed upon time and the Client will not be billed for this session.
5. Record Retention Policy
The Coach engages in training and continuing education pursuing and/or maintaining ICF credentials. That process requires the names and contact information of all clients for possible verification by ICF. By signing this agreement, the Client agrees to have only their name, contact information and start and end dates of coaching shared with ICF staff members and/or other parties involved in this process for the sole and necessary purpose of verifying the coaching relationship. No personal notes will be shared. The Client’s name and contact information will be retained by the Coach for a period of up to 2 years following the completion of the Coaching Program or until the Coach has logged sufficient coaching hours to access the next level of ICF credentials, whichever is the shortest period. This information will be stored by the Coach on a password-protected computer. The Coach’s notes, taken during coaching sessions, will be stored by the Coach on a password-protected computer during the duration of the coaching relationship and destroyed at the end of the relationship. Contact information for the Client and notes from sessions will not be shared with any other third parties other than those mentioned in this section except under circumstances detailed under section 3(Confidentiality) above. For training and credentialing purposes, sessions may be recorded. These recorded sessions will only be shared with ICF staff members and/or other parties involved in the Coach’s training for the sole and necessary purpose of training and assessing that sufficient levels of skills and competencies have been achieved by the Coach in order to gain further approval, credentials or certification by the ICF. The Client will be asked for permission for sessions to be recorded ahead of sessions by the Coach. Recorded sessions will not be shared with any other third parties except under circumstances detailed under section 3 (Confidentiality) above and will be destroyed after a period of up to 2 years or as soon as the Coach has attained the next level of credentials by the ICF, whichever is the earliest. The Client will inform the Coach in writing ahead of sessions if they do not wish to have their sessions recorded.
6. Intellectual Property Rights.
The Client may not use or reproduce any of the processes, techniques, presentation methodologies, precedents and/or materials used by the Coach in the course of the Coaching Program. The Client must not at any time use or reproduce any of the above in any manner, shape or form, except for personal use. The Client shall ensure that no servant, agent, related body or corporate contact will use or reproduce these in any manner, shape or form. The Client shall indemnify the Coach with respect to any loss or damage caused or sustained by the Coach in the event of a breach of this section.
Either the Client or the Coach may terminate this Agreement at any time with 1 week’s written notice. The Client agrees to compensate the Coach for all coaching services rendered to the date of expiry of the one week notice period(the Termination Date). Conditions for the Coach terminating the Agreement with immediate effect, without the requirement to give 1 week’s notice, include: I. Client failure to perform or observe any of the terms of the Agreement, and failure to remedy such breaches within five (5) working days of a notice from the Coach that such a failure has occurred; II. Client failure to perform any term of this Agreement which cannot be remedied; or, III. An insolvency event that occurs in relation to the Client. The Client may terminate this Agreement if either of the matters raised in paragraphs I. or II. are applicable to the Coach. Payment upon termination. If the Agreement is validly terminated by the Client prior to the end of the agreed upon term of the Coaching Program, then the Client must within 7 days of the Termination Date pay the Coach the balance (if any) of fees for the unexpired period of Coaching, together with any other monies owed under this Agreement. If the Agreement is validly terminated by the Coach prior to the end of the agreed upon term of the Coaching Program, then the Coach must within 7 days of the Termination Date refund to the Client the balance of any sessions paid for but not yet taken. If the Client fails to pay the amounts owing under the terms of the paragraph above, an additional 10% annual interest shall be due on amounts outstanding. This interest will be calculated on and from the date on which the principal amount was due to the Coach. At the Termination Date, the Coach shall immediately cease to be liable to, or have any responsibility for, the Client with respect to the Coaching Program.
8. 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.
9 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.
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.
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.
12 Applicable Law
This Agreement shall be governed and construed in accordance with the laws of England and Wales and subject to the exclusive jurisdiction of the English courts.
13 Binding Effect
This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns. Please sign both copies and return one copy of this Agreement prior to the first scheduled coaching meeting. Retain one copy for your records and provide the other to the Coach.