I know, I know—reading walls of text on the internet is a chore! However, expectations are tricky beasts, and taming + training them through terms & conditions in advance is one of the best things we can do for our coaching partnership.
For some context, I modeled this contract after a template from the International Coaching Federation.
The first half discusses our coaching relationship, payment and scheduling details (v important), cancellation, the refund policy, and confidentiality.
The second half deals with artistic release, intellectual property, terminating the contract, and the standard legal stuff about liability and the binding nature of contracts (not my favorite—I tried to keep it simple, I promise),
PLEASE CONTACT ME WITH ANY QUESTIONS PRIOR TO SIGNING—I want you to feel completely clear on and comfortable with the agreement.
Those wishing to purchase Voxer coaching services through amandadzimianski.com will be required to agree to and sign the following terms at point of sale. PLEASE READ CAREFULLY PRIOR TO SIGNING.
By entering your signature and checking the box below at checkout stating “I verify that I have read and agree to the terms and conditions and understand that no refund will be offered on my purchase”, you enter into the following agreement (“Agreement”) with Amanda Dzimianski Coaching.
This Agreement is entered into by and between:
Amanda Dzimianski of Amanda Dzimianski Coaching (“Coach”)
the party whose signature appears above (“Client”)
whereby Coach agrees to provide coaching services (“Services”) for Client focusing on the Client’s writing goals as detailed in this Agreement.
Description of Coaching:
Coaching is 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 strives to maintain the highest ethics and standards of behavior. Though not affiliated with the International Coach Federation “(ICF)” in any way, the Coach models their practice after the ICF Code of Ethics (Coachfederation.org/ethics). The Client is encouraged to review the Code and raise any questions or concerns immediately with the Coach.
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, incorporate coaching principles into those areas and implementing choices 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 create the time and energy to participate fully in the program. No abusive/disrespectful communication will be tolerated, and is grounds for the Coach to terminate the Agreement.
The parties agree to engage in a Coaching Program through Voxer correspondence (voice/text messages). The number of weeks and messages is determined by and clearly stated in the purchase details. Coach will be available to Client by email for the purpose of clarifying session details or elective assignments discussed during sessions.
3) Schedule and Fees
This coaching agreement is valid as of the date of purchase. The fee is due at point of purchase. The coaching window begins on the Client’s chosen start date.
If rates change before this agreement has been signed and dated, the prevailing rates will apply. The refund policy in effect for the term of this Agreement is as follows: there are no refunds for purchased and unused packages (i.e. Client fails to initiate/participate), except at the exclusive discretion of the Coach in cases of unusual/extenuating circumstances.
4) Rescheduling Policy
Client agrees that it is the Client’s responsibility to notify the Coach of a need to reschedule the start date of a coaching package at least 48 hours in advance of the original start date. Coach reserves the right to bill Client for a scheduled, unused package. It is the Client’s responsibility to reschedule through email.
It is the Client’s responsibility to
a) provide the Coach with their Voxer username prior to the start date of their coaching window and
b) respond to the initial welcome message from the Coach sent through Voxer.
The Client must utilize the messaging within the parameters of their purchased package, and the start and end dates as listed in their purchase email.
This coaching relationship, as well as all information (documented or verbal) that the Client shares with the Coach as part of this relationship, is considered confidential. 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.
7) Release of Information
According to the ethics of the coaching 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) Record Retention Policy
The Client acknowledges that the Coach herein discloses her record retention policy with respect to documents, information and data acquired or shared during the term of the Coach-Client relationship: Voxer chat history is retained for proof-of-delivery purposes, and Coach keeps notes in order to recall details Client has shared so they can provide the highest-quality coaching. Such records are private and confidential except in such cases as outlined in Section 5. Such records will be maintained by the Coach in a format of the Coach’s choice (print or digital/electronic) for a period of not less than 2 years. The Client may access the chat history through their own device for as long they choose within the guidelines of their Voxer subscription (free accounts may not have access to a chat history beyond 30 days).
9) Artistic Release
The Client has spent a satisfactory amount of time reviewing the Coach’s work and has a reasonable expectation that the Coach will perform the Services in a similar manner and style unless otherwise specified in this Agreement. However, Client understands and agrees that:
- Every client is different, with different tastes, values, and needs;
- Coaching services are often a subjective art and the Coach has a unique vision, with an ever-evolving style and technique;
- The Coach will use her coaching philosophy when providing Services for Client, which may not include strict adherence to Client’s suggestions;
- Although the Coach will use reasonable efforts to prioritize and incorporate Client’s suggestions and desires when providing Client with the Services, Coach shall have final say regarding the style and delivery of the Services;
- Dissatisfaction with Coach’s coaching style and philosophy are not valid reasons for termination of this Agreement or request of any monies returned.
Either the Client or the Coach may terminate this Agreement at any time with 1 week written notice. If Client initiates termination, Client agrees to compensate the Coach for all coaching Services rendered through and including the effective date of termination of the coaching relationship, and for all purchased packages, whether or not a coaching Service was rendered (i. e. no refunds for purchased but unused sessions). If Coach initiates the termination, the cost of any package not completed will be returned to the Client at the price of $ (total package cost divided by number of days in the package) per unused days remaining within the purchased coaching window.
11) Intellectual Property
A. Copyright Ownership.
In the event that any copyrighted work(s) is/are created by the Coach as a result of the Services provided in accordance with this Agreement (i.e. coaching curriculum, resources, memoir), the Coach owns all copyrights in any and all work(s) she creates or produces pursuant to federal copyright law (Title 17, Chapter 2, Section 201-02 of the United States Code), whether registered or unregistered. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by the Coach and may be used in the reasonable course of Coach’s business.
B. Permitted Uses of Product(s). Coach grants to Client a non-exclusive license of product(s) produced with and for Client for personal use only so long as Client provides Coach with attribution each time Client uses Coach’s property. Personal use includes, but is not limited to, use within the following contexts: 1. In photos on Client’s personal social media pages or profiles; or 2. In personal creations, such as a journal or personal gift.
12) 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.
13) 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.
14) 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.
17) Applicable Law
This Agreement shall be governed and construed in accordance with the laws of the State of Georgia, without giving effect to any conflicts of laws provisions.
18) Binding Effect
This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns. Please sign and return one copy of this Client Agreement prior to scheduling a coaching meeting. Retain a copy for your records.