Coaching 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. The Coach facilitates the Client in creating/developing professional or personal goals and supports the Client in achieving them.

1) Coach-Client Relationship

A.      The Coach agrees to maintain the ethics and standards of behavior 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 behavior.

B.      The Client is solely responsible for their own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or from the coaching relationship and their coaching calls and interactions with the Coach. As such, the Client agrees that the Coach is not and will not be liable or responsible for any of the Client’s actions or inaction, or for any direct or indirect result of any services provided by the Coach. The Client understands that 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 either they or the Coach may terminate or discontinue the coaching relationship at any time. Either party may do so verbally or in writing.

D.     The Client acknowledges that coaching is a comprehensive process that may involve different areas of their life, including, but not limited to, 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 as defined by the American Psychiatric Association and that coaching is not to be used as a substitute for counseling, 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 observations, feedback, and assistance along with creating the time and energy to participate fully in coaching.

2) Services

Unless organized otherwise, the sessions will take place online via video conferencing. As necessary, the Coach will be available to the Client by e-mail, text, or phone in between scheduled sessions as defined by the Coach (for example, clarifying tasks assigned to be done outside of coaching sessions). The Coach may also be available for additional time, per the Client’s request at an additional cost – for example, reviewing documents, reading or writing reports, engaging in other Client related services outside of coaching sessions – to be agreed upon in advance of undertaking activities outside of coaching sessions.

3) Schedule and Fees

The fee is determined by the Coaching Package selected online by the client and payable before the first session. The length of the sessions shall be 60 minutes. If rates change before this agreement has been signed and dated, the prevailing rates will apply. The Coaching Package is valid for up to 6 months from the date of purchase.

4) Scheduling Sessions

The Client will be responsible for scheduling all sessions via the Appointments page on the Coach’s website: www.ClarienceCoaching.com. Once the session is scheduled, the Client will receive a confirmation email along with the details to connect through videoconferencing.

5) Cancellation Policy

The Client agrees that it is the Client's responsibility to reschedule or cancel meetings through the Appointments page on www.ClarienceCoaching.com 24 hours in advance of the scheduled sessions. Sessions not cancelled 24 hours in advance shall be treated as fulfilled session and included within the total number of sessions allocated in the Coaching Package.

6) Refund Policy

As stated above in 1C, either the Client or the Coach may terminate or discontinue the coaching relationship at any time.

Calculation of Fees Upon Early Termination by the Client

In the event of early termination by the Client, the value of all coaching sessions completed prior to the termination date shall be recalculated at the Coach’s standard single-session rate of $550 per session, regardless of any discounted or package rate originally purchased by the Client.

Refund Process

·         The total amount paid by the Client shall be reduced by the value of all completed sessions calculated at the standard rate stated above.

·         Any remaining balance after this deduction shall be refunded to the Client within a reasonable period of time following termination.

·         The Client acknowledges and agrees that no refund shall be issued if the value of the completed sessions, calculated at the standard rate, equals or exceeds the total amount paid.

 

Illustrative Example (Non-Binding)

The scenario below is provided for illustrative purposes only for Client-initiated termination:

·         If the Client purchases a 12-session package for $5,000 and terminates the program after completing 4 sessions, the cost of the completed sessions shall be calculated as follows:

o   4 sessions × $550 per session = $2,200 value consumed

·            The adjusted valued consumed is the amount that will be deducted from the amount paid to calculate the refund owed to the Client:

o   $5,000 amount paid - $2,200 value consumed = $2,800 refund

·         In this illustration, the refund owed to the Client is $2,800

 Calculation of Fees Upon Early Termination by the Coach

In the event the Coach terminates the Agreement prior to completion of the coaching program, the Client shall be entitled to a pro-rata refund for all unused sessions.

Refund Process

·         The pro-rata refund shall be calculated by dividing the total fee paid by the Client by the total number of sessions included in the purchased package, then multiplying the resulting per-session amount by the number of unused sessions remaining at the time of termination.

      • Total amount paid ÷ total number of sessions purchased = per-session value

      • Per-session value × number of unused sessions = refund amount

·         Refund Timing. Any refund due to the Client pursuant to this section shall be issued within a reasonable period of time following the effective date of termination.

·         Except for the pro-rata refund described herein, the Coach shall have no further financial or legal obligation to the Client following termination.

Illustrative Example (Non-Binding)

The scenario below is provided for illustrative purposes only for Coach-initiated termination:

·         If the Client purchased a 12-session package for $5,000 and the Coach terminates the program after completing 4 sessions, the cost of the completed sessions shall be calculated as follows:

o   $5,000 amount paid ÷ 12 sessions = $416.67 per session

o   $416.67 per session x 8 unused sessions = $3,333.36 refund amount

·         In this illustration, the refund owed to the Client is $3,333.36

7) 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. However, please be aware that 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 recognized 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

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

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.

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.

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.

10) Non-Defamation

The Client and the Coach agree to always maintain a professional and respectful relationship. Both parties agree that they shall not, at any time during or after the term of this Agreement, make or publish any false, disparaging, or defamatory statements – whether written, spoken, or communicated in any form – about the other party, the coaching relationship, or the services provided under this Agreement. This includes communications made publicly or privately, online or offline.

11) 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.

12) 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.

13) Applicable Law

This Agreement shall be governed and construed in accordance with the laws of the State of New York, without giving effect to any conflicts of laws provisions.