Coaching and Terms of Service Agreement
Amanda Kilotat of Soul Strategies (the ‘Coach, ‘I’ or ‘me’) looks forward to working with you [Insert Name of Person/Company purchasing/contracting the Services] of [Insert address – street/town/state] (also referred to as the ‘Client’ or ‘you’ in this agreement) as your coach and accelerating your ability to be more successful and have more of what you desire in your life. As your coach, I want to help you grow and achieve your goals. Our coaching relationship is led by your agenda and initiative and I will support you to identify solutions and make the choices about what actions to take to get the results you want.
1 PURPOSE OF THIS AGREEMENT:
The purpose of this arrangement and agreement is to establish a clear foundation for working together. These guidelines form the basis for our working relationship and try to ensure they are as clear and productive as possible. This Agreement and terms (together ‘the Terms’) include important details and understanding of us both for the Services listed in the Schedule.
“Confidential Information” means any written or oral information that is provided by or disclosed directly or indirectly through any means that is not already in the public domain, and may include information about business structures, methods, procedures and personal information.
“Services” means the services described in Item 1 of the Schedule.
“Materials” means newsletters, reports, advertising, audio promotional, literature, written documents, questionnaires, videos, specifications or other material which may be required to assist and enable the Services to be performed.
WHAT IS COACHING?
Coaching is a respectful, guided process of interaction and self-discovery over a period of time that encourages and expands your ability to make changes, move forward in new areas and create more of what you desire in your life. Coaching services are not to be construed as, or a replacement for, psychotherapy, legal, financial or medical advice.
As your coach, I will endeavour to:
- Help create an honest, open, collaborative coaching relationship.
- Be a partner and help you to bring out the best in you.
- Provide a safe, supportive environment for you.
- Respect your confidentiality.
- Promote discovery of new possibilities and insights for you.
- Give you input, honest feedback and operate as a sounding board.
- Listen carefully to what you say and ask questions to help expand your awareness.
- Be a resource for you to use to help you to accomplish your goals.
As the Client in this coaching relationship, you agree to:
- Try to cultivate an honest, self-aware relationship with yourself.
- Commit to goals that are truly meaningful and significant to you.
- Explore new approaches and experiment with helpful actions and behaviours.
- Provide ongoing feedback on whether coaching is valuable and meeting your needs.
- Be open to hearing our feedback and letting us know whether it fits.
- Acknowledge and take ownership for your progress and accomplishments.
NATURE OF THE COACHING RELATIONSHIP
You are entering into this Coaching Agreement, with the understanding you are responsible for your own decisions and results. The Coach will not be liable for any outcomes resulting directly or indirectly from the coaching process.
- The Client appoints the Coach for the Services we have specified in the Schedule to this Agreement. You accept the Services and are bound by these Terms when you instruct the Coach to proceed, by making a payment, or by confirming acceptance via email or other written means.
- The Coach agrees to provide the Services described in Item 1 of the Schedule in accordance with the Terms in this Agreement. The Coach agrees to provide these Services in a professional manner and in accordance with generally accepted industry practice and standards and will ensure any contractors or coaches or representatives that the Coach may employ from time to time will have the relevant qualifications and are under the same standards requirements.
- Any specific terms and requirements relating to the Services required by the Client will be agreed in writing and notified to the Coach in advance.
- Services may be provided face-to-face or via web-based means (such as Skype, Google Hangout or similar) or as otherwise agreed in the Schedule. You are responsible for ensuring you have the appropriate facilities available as agreed in the Schedule.
- Email assistance for short questions, feedback on actions or to review minor issues is also included as part of the Services. Email support will be available during normal business hours from Monday to Friday and will be responded to within 24 hours. You will be notified of any change to this timing or availability prior.
- All sessions or Services are non-transferrable. The Coach reserves the right to substitute services equal to or comparable services to you, if the need arises.
- This Agreement is for the period set out in Item 2 of the Schedule. All Services must be provided between the Commencement Date and the Final Date as set out and agreed in the Schedule. In the event not all Services have been provided before the Final Date, the remainder will be forfeited by you unless we agree otherwise in writing. It is up to you to ensure you arrange and are available for all sessions and for the Services to be provided in full.
- In the event you choose to continue or engage us for additional Services after the Completion Date, you agree they are provided on the same terms as this Agreement.
- The fee for the services to be provided by the Coach to you under this Agreement is detailed in the Schedule. This fee is payable in advance and due prior to any Services being provided.
- By providing the Coach with your payment and credit card details, the Client authorizes payment for Services. If you have chosen payments to be made on a recurring basis, the Coach is authorized to deduct all payments until the full payment has been made in accordance with this Agreement.
- In the event of any late, overdue, unpaid or defaulting invoice amounts, you will have seven (7) days to make payment during such time all coaching sessions will be postponed. You are responsible for any costs incurred by the Coach for any payment default or debt collection.
- In the event you fail to pay any invoices, fail to make any payments in accordance with the terms of the Agreement or do not perform your obligations under this Agreement, the Coach may refuse to continue to provide the Services and may terminate this Agreement immediately without notice. We may also commence proceedings to collect any outstanding debts owed.
3.5 Unless otherwise required by applicable law, the Coach will not provide refunds upon execution of this Agreement. Refunds are granted in very limited circumstances and at the sole discretion of the Coach.
- We will establish and agree on a set schedule for all coaching sessions. All sessions that are rescheduled must be taken and provided no later than eight (8) weeks after the final date nominated for completion in the Schedule. Any sessions outside of this time frame and all extensions must be mutually agreed in writing.
- Both parties must be punctual for sessions so we can make the most of our time together. Both parties will endeavour not to cancel or reschedule out of respect for each other’s schedules, however if the need arises, the parties must provide at least 24 hours notice for any need to reschedule.
- Any sessions that are not notified to the Coach for cancellation or rescheduling prior to this twenty-four (24) hours may be forfeited and may not be rescheduled.
- Legislation may confer certain rights, warranties and guarantees and remedies relating to the provision of the Services, which cannot be excluded, restricted or modified, including but not limited to the Australian Consumer Law (‘ACL’). At no time do we seek to exclude your statutory rights.
- The Coach represents and warrants:
- in providing the Services, we will comply with all law and industry standards;
- the work performed to provide the Services will be done to a high standard in accordance with best practice; and
- the scope of the Services will be limited to the description provided in the Schedule unless otherwise agreed in writing. Similar or equivalent Services may be substituted from time to time if, in the sole opinion of the Coach, it would benefit the Client or be required to meet the terms of this Agreement.
- The Client represents and warrants:
- they will provide all relevant information required for the Coach to carry out the Services in a timely manner;
- they hold the relevant and required current insurances to protect the Coach (where relevant) including against any third party claims.
- The Client acknowledges and agrees that:
- results of Services vary from individual to individual. For this reason, performance, progress and success of any particular Services is reliant on the Client and individual to meet their own requirements. The Coach cannot and does not guarantee any particular or any results and the Client is solely responsible for their progress.
- If any time during the Services you feel your progress is not as expected, it is your responsibility to advise the Coach immediately of any concerns in order to give the Coach an opportunity to address and assist. The Coach will use reasonable efforts to resolve the concerns, however at no time does the Coach guarantee or warrant any increase or altered progress or performance.
- Honesty is a very important foundation of a coaching relationship and it is expected you will be honest and open about what is working about the coaching relationship, and what is not. If at any time any aspect of the Services are not meeting your expectations, please immediately notify the Coach of the specific details to give the Coach a reasonable opportunity to respond and address any concerns. Feedback and discussion are important to the sessions and provision of the Services and it is up to you to provide such feedback in order to give the Coach an opportunity to resolve any issues quickly and effectively.
- If a dispute arises, both parties agree that communications or discussions will be kept private and neither will engage in any conduct or communications that may be considered defamatory, negative or otherwise damaging.
- In the event of any dispute on the work, quality or ownership that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each of us agrees to pay our own costs.
6 OWNERSHIP OF INTELLECTUAL PROPERTY
6.2 Materials and work may be provided to the Client from time to time during and to enable the provision of the Services. All materials and work is provided without warranties of any kind, both express and implied. Any designs, materials, analyses, processes, discussions and other intellectual property, both tangible and intangible, which is provided or may be developed as a result of or during the Services is and will remain the property of the Coach at all times. No materials may be reproduced or used for any purpose other than the personal private use of the Client. At no time may it be reproduced and provided to third parties without the express written permission of the Coach.
6.3 Recording of Sessions: Client consents to recordings being made of group courses and programs. The Coach reserves the right to use, at its sole discretion, course materials, videos and audio recordings of courses for future lecture, teaching and marketing materials and other goods/services provided by the Coach, without compensation to the Client. Client consents to its name, voice, and likeness being used by the Coach for future lectures, teaching and marketing materials and other goods/services provided by the Coach, without compensation to the Client. From time to time the Coach may record Client sessions to provide for supervision purposes. Any supervisor will be under the same strict duty of confidentiality and at no time will any session be disclosed otherwise to any third party. If you do not wish to have your session recorded, please notify the Coach at the start of the session. Clients may be provided with their recorded sessions on request.
7 PERSONAL INFORMATION
The Coach agrees to:
- keep confidential and secure;
- not use directly or indirectly; and
- not disclose directly or indirectly,
this Agreement and all your personal information relating to, arising under or acquired under or as a consequence of this Agreement and the Services, except:
(i) as required by law or any regulatory authority; or
(ii) with the Client’s express written consent.
- The Coach will not at any time disclose or allow access by any person or third party to any of your Confidential Information unless required to perform the Services in which case, the Coach will ensure they are under the same duty of confidentiality as the Coach is under this Agreement.
8 TERMINATION AND CANCELLATION
- If you or the Coach breaches any obligations in this Agreement, they will have an opportunity to immediately remedy or rectify the breach.
- The Coach may at their sole discretion, terminate the provisions of any services you at any time, by notifying you in writing. However, in the event of such a termination of services, the Coach will provide a refund for any services that have been paid for in advance and which have not been provided to you.
- You may terminate the services of the Coach at any time by notifying the Coach in writing. However, payment for the full terms of the Services as agreed and nominated in the Schedule becomes immediately due and payable.
8.4 Confidentiality survives and continues in the event of any dispute or termination and, in any event, after the delivery of the Services.
9 LIMITATION OF LIABILITY
- The Coach and their representatives are in no way liable for any loss or damages whether direct, indirect or consequential which the Client may suffer in reliance directly or indirectly on all or any part of the Services. The Client shall indemnify and hold harmless the Coach from and against any and all actions, claims, liabilities, proceedings or demands which may be brought against them in respect of any loss, death, injury, illness or damage (whether personal or property and including reasonable legal fees and expenses).
- The liability of the Coach is governed solely by the ACL and these Terms. Any other conditions and warranties which may be implied by custom, law or statute are expressly excluded.
- The Client acknowledges and agrees that they use the Services at their own risk. In engaging the Services, the Client agrees they are liable for and agree to indemnify and hold the Coach harmless for and against any and all claims, liabilities, actions and expenses which may result either directly or indirectly from a breach of these Terms, misuse of the Services or in connection with any of the Services.
- The Client agrees that some Services may involve health, financial and other personal and well-being management discussions. The Services and information should not replace discussions with qualified professionals including but not limited to legal, financial investment, financial planning or healthcare professionals where relevant. The Client agrees and acknowledges that any reliance on any information, discussions or recommendations that may arise during the sessions, is done at their own risk. The Coach cannot be held responsible for how the Client may interpret, understand or take action based on or as a result of the Client’s participation in any of the Services. The Client understands they therefore engage the Services at their own risk. By engaging the Coach, the Client agrees they alone are responsible for all outcomes and achievements by participating in the Services and the Coach cannot guarantee nor be responsible for any results, howsoever incurred.
- In any case, the Coach’s liability is limited at all times to amount of the last invoice fees paid by the Client.
10 GOVERNING LAW
This Agreement is governed by the laws from time to time in force in the [insert state you are located]. Both parties agree to unconditionally submit to the non-exclusive jurisdiction of the Courts of [insert state you are located] for determining any dispute concerning this Agreement.
I am here for you in whatever way you need. Reach out, keep me posted and share your trials and triumphs with me.I would appreciate you taking the time to complete the feedback form below so I can improve my work and future coaching programs.
With deep gratitude for your courage to bare your heart and soul with me,
Much love, Mandie xx
Mentor to passionate women on missions that make a difference