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/development of personal, professional or business goals and to develop and carry out a strategy/plan for achieving those goals.
1) Coach-Client Relationship
A. 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. 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 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 actions or inaction, or for any direct or indirect result of any services provided by the Coach. 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. Client further acknowledges that he/she may terminate or discontinue the coaching relationship at any time.
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 including incorporating coaching principles into these respective areas is exclusively the Client’s responsibility.
E. 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 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 devote adequate time and energy to participate fully in the program.
The parties agree to engage the Coaching Program through virtual meetings. Coach will be available to Client via e-mail in between scheduled meetings as defined by the Coach.
3) Schedule and Fees
This coaching agreement is valid as of the date of purchase and up to one (1) year after that date. Any unused services that have not been scheduled up to one year of the purchase date will be forfeited by the client. No refunds will be issued for coaching services after the one-year purchase date anniversary.
The refund policy in effect for the term of this Agreement is as follows:
ACS does not offer returns or exchanges for services that have been delivered to clients. If you are not satisfied with the services that you have received, you may receive a full refund for any unused services in your package. You may also exchange unused services for other services of equal or lesser value. You will be credited for any price differences.
The time of the coaching meetings and/or location will be determined by Coach and Client based on a mutually agreed upon time. The Client and Coach will access the virtual meeting via the link provided by the Coach at the scheduled time. The Coach is obliged to attend the session throughout the duration of the scheduled meeting.
If the client is late, absent, or otherwise detained from attending all or part of the scheduled meeting, the Coach is not obligated to extend or reschedule the session. The Client will not receive a refund for any missed portion of scheduled sessions owing to the Client’s inability to attend.
If the Coach is late, absent, or otherwise detained from attending all or part of the scheduled meeting, the Coach is obligated to make up any missed portion of the meeting at a date and time that is amenable for the both the Client and the Coach.
This coaching relationship, as well as all information (written 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; 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
Client agrees that it is the Client’s responsibility to notify the Coach of any cancellations at least 24 hours in advance of the scheduled calls/meetings. Coach reserves the right to charge Client for a missed meeting. Coach will attempt in good faith to reschedule the missed meeting.
7) Record Retention Policy
Client records will be maintained by the Coach in a format of the Coach’s choice (print/audio/video) for a period of not less than one year.
Either the Client or the Coach may terminate this Agreement at any time with a two-week written notice. Client agrees to compensate the Coach for all coaching services rendered through and including the effective date of termination of the coaching relationship.
Coaches have the right to terminate the coach-client relationship at any time if the Coach deems that the client is unfit for coaching services due to medical or other serious reasons. The client will receive a full refund of any unused portion the coaching package in the event that the relationship is terminated by the Coach.
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 for up to 30 days after notice 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.
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.
14) Applicable Law
This Agreement shall be governed and construed in accordance with the laws of the State of Arizona, without giving effect to any conflicts of lawful provisions.
15) Binding Effect
This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns.