Coaching Terms and Conditions:
This contract is for services to be rendered by Tracey Rampling Brown (“the Coach”) to “the Client”, whereby the Coach agrees to provide Coaching for the Client as specified within this Agreement.
Description of Coaching:
Coaching is a 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
- The Coach agrees to maintain the ethics and standards of behaviour established by the European Mentoring and Coaching Council “(EMCC)” and/or International Coach Federation “(ICF)”. It is recommended that the Client review the EMCC/ICF Code of Ethics and the applicable standards of behaviour.
- The 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. 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.
- The Client further acknowledges that he/she may terminate or discontinue the coaching relationship at any time.
- The 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.
- 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 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.
- The Client understands that to enhance the coaching relationship, the Client must agree to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the program.
2 Services, Fees & Payment
The parties agree to engage in coaching relationship for a mutually determined period, with sessions conducted via Zoom, WhatsApp or Facebook Messenger. Each session will last for 60 minutes, unless otherwise agreed. In addition, the Coach will be available to the Client by email or direct message between calls, and will respond within 24 hours. The Coach may also be available for additional time, per the Client’s request, at an additional cost to be negotiated between the parties.
If the client is located within proximity to Torino, Italy, the Coach may, at her discretion, agree to meet in person to conduct the coaching sessions at a mutually agreed location.
The cost for the Coaching Services as outlined is to be prepaid each month. Payments can be made by direct bank transfer (upon request), credit card or PayPal.
The Agreement takes effect from the date that the first payment is received.
3 Procedure
If calls are held via Zoom, the Coach will schedule the Zoom call for the appointed time and notify the Client of the call details, however if the client opts for Facebook or WhatsApp calls then it will be the client’s responsibility to call the coach at the appointed time.
In person coaching sessions will be held at a pre-determined date, time and location.
4 Cancellation Policy
All coaching sessions will be held at an appointed time mutually agreed upon by both the Client and the Coach. Missed sessions or sessions cancelled by the Client less than 24 hours in advance may be forfeited, however every attempt will be made to reschedule the session subject to mutual availability.
A “missed” session is defined as any session where the Client is more than 10 minutes late, or is altogether absent.
5 Privacy
The Client can, at any point in the coaching session, declare his/her preference not to discuss a specific issue, by simply stating that they would rather not discuss this issue. The Coach agrees to respect this boundary and will not attempt to forward the conversation further along those lines.
6 Confidentiality
The Coach will work within the professional ethics and guidelines as described in the EMCC and/or ICF’s Code of Ethics. All information about the coach-client relationship will remain strictly confidential except in very rare circumstances. Exceptions to confidentiality of course relate to circumstances such as risk or criminal offence. Otherwise, all information is confidential. 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.
7 Release of Information
The Coach engages in training and continuing education related to pursuing and/or maintaining EMCC and/or ICF Credentials. That process requires the names and contact information of all clients for possible verification by these organisations. By agreeing to these terms, you agree to have only your name, contact information and start and end dates of coaching shared with EMCC/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.
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 Termination
Either the Client or the Coach may terminate this Agreement at any time with 2 week’s written notice. The Client agrees to compensate the Coach for all coaching services rendered up to and including the effective date of termination. The Coach agrees to refund any unused, eligible portion of the prepaid fees, if applicable.
9 Disclaimer
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 up to 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.
12 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.
13 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.
By choosing to proceed and enter into a Coaching relationship with the Coach, the Client agrees to the terms and conditions noted above.
Terms and Conditions are current and accurate as at August 2020.