Last Updated: December 15, 2020.
The life coaching terms and conditions below apply to all coaching services provided by Monica Rezende (“The Coach”), to any individual or organization (“The Client”) and constitute the contract for the service to be provided by the Coach to the Client.
Coaching may address specific personal struggles, relationship or business issues, or general conditions in the client’s life or profession. Other coaching services include value clarification, brainstorming, identifying plans of action, examining modes of operation in life, asking clarifying questions, and making empowering requests or suggestions for action. Additionally, the client may be asked to reflect on difficult topics or situations which may result in an expression of emotions.
Participation by the Client in the first coaching session constitutes acceptance of these terms and conditions.
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. 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.
B. Where no specific number of sessions are agreed upon, the Client further acknowledges that he/she may terminate or discontinue the coaching relationship at any time.
C. 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.
D. 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.
E. The Client understands that in order to enhance the coaching relationship, the Client agrees to communicate honestly, be open to feedback and assistance and create the time and energy to participate fully in the program.
The parties agree to engage in the coaching service specified on the Coaching Agreement signed by the Client and the Coach or on a one-time free session, or any other coaching arrangement agreed between the Client and the Coach, via Zoom session meetings.
The Coach may be available to the Client by email and voicemail in between scheduled meetings to seek clarification regarding anything arising from a coaching session or any urgent matter (check your Coaching Agreement for further clarification). The Coach will always advise the Client in advance if the nature of the Client’s contact is likely to incur any additional charge, and no such charges will be imposed without the Client’s agreement.
The Coach may also be available for additional time, per Client’s request at a cost informed by the Coach.
The Coach may assign the Client tasks or exercises to complete between coaching sessions. There is no obligation on the Client to complete these items of ‘homework’.
3) Schedule and Fees
For any paid coaching services, the Client will receive a Coaching Agreement with the involved fees and refund policy. The Client must date and sign the Coaching Agreement and send it to firstname.lastname@example.org email address before the first coaching session.
Fees can be paid online by debit or credit card, or by PayPal, using the “Stripe” payments gateway linked to the “Acuity Scheduling” bookings platform.
For any coaching services agreed, the fee and number of coaching sessions included will be outlined in the Coaching Agreement and paid in advance at booking time. The calls/meetings are 60 minutes in duration.
Where no specific number of sessions are agreed upon, sessions will be provided on a session-by-session basis.
With the exception of a 1-year coaching program, all the sessions must be booked within 6 months of the payment or their fee is forfeited. If rates change before payment has been made, the prevailing rates will apply.
The coaching meetings via Zoom sessions will be determined by the Coach and Client based on a mutually agreed upon time. The Client is responsible for booking the sessions on the Coach’s calendar. For any other options the Coach may have offered the Client, it is the Client’s responsibility to contact the Coach via email (email@example.com) to arrange a session, or the Coach may provide a link to her calendar for booking.
Upon scheduling the session, the Client will receive an email with the Zoom session information. The Client can decide if he/she wants to use the camera during the scheduled meeting.
This coaching relationship and all information (documented or verbal) that the Client shares with the Coach as part of this relationship are bound by the principles of confidentiality. However, please be aware that the Coach-Client relationship is not considered a legally confidential relationship (like the medical and legal professions). Thus communications are not subject to the protection of any legally recognized privilege. The Coach agrees not to disclose any information about 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) Release of Information
The Coach engages in training and continuing education pursuing her life coach certification. When the Coach is certified, that process requires the names and contact information of Clients for possible verification. When you sign a Coaching Agreement with the Coach, you agree to have only your name, contact information and start and end dates of coaching shared with The Life Coach School 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 coach professional development and/or consultation purposes.
7) Cancellation Policy
The Client agrees that it is the Client’s responsibility to cancel or reschedule a session via the link to the Coach’s calendar provided during booking 48 hours in advance of the scheduled calls/meetings. Coach reserves the right to bill Client for a missed meeting. The Coach will attempt in good faith to reschedule the missed meeting.
8) Record Retention Policy
The Client acknowledges that the Coach has disclosed his/her record retention policy with respect to documents, information and data acquired or shared during the term of the Coach-Client relationship. 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 7 years.
The Client or the Coach may terminate the Coaching Agreement within 2 weeks’ from the payment date in written notice if a package or program has been purchased. The Client agrees to compensate the Coach for all coaching services rendered through and including the effective date of termination of the coaching relationship.
In exceptional circumstances, such as illness or unavailability due to bereavement or other commitments, inappropriate behaviour by the Client, actual or potential conflict of interest, or other reasons, the Coach may decide to terminate the service to the Client early or refuse or be unable to provide further coaching sessions to the Client. In such circumstance, the Client will be given reasonable notice of termination by the Coach where practicable and will be refunded any advance payments made for coaching sessions not yet provided.
10) Limited Liability
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, and the Client’s exclusive remedy, shall be limited to the amount actually paid by the Client to the Coach under the Coaching Agreement for all coaching services rendered through and including the termination date.
The Client release, waive, acquit and forever discharge the Coach, any agents, successors, assigns, personal representatives, executors, heirs and employees from any claim, suit action, demand or right to compensation for damages the Client may claim to have or arising out of acts or omissions by the Client or by the Coach as a result of the advice given by the Coach or otherwise resulting from the coaching relationship.
11) Coaching Agreement
The Coaching Agreement 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. The 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.
The failure of either party to enforce any provision of the Coaching 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 the Agreement.
The Client further declares and represents that no promise, inducement or agreement not expressed in the Coaching Agreement has been made to him/her to sign the agreement. The agreement shall bind the Client’s heirs, executors, personal representatives, successors, assigns, and agents.
Participation by the Client in the first coaching session constitutes acceptance of these terms and conditions.
13) Data Security
The Client understands that the use of technology is not always secure and accepts the risks of confidentiality in the use of email, text, phone, Zoom, WhatsApp, Skype and any other technology.
The Coach will seek to enable the Client to improve their life or level of business success to achieve the desired outcome. Remarkable results can be achieved when the Client is fully invested in managing his or her mind to overcome any obstacle. However, the Client has sole responsibility for taking action and making the decisions in his or her life or business. The Coach has no liability for any loss incurred by the Client, whether financial or otherwise, following commencement of coaching sessions or for any perceived failure by the Client, whether justified or otherwise, to achieve the desired outcomes and/or goals.
15) Applicable Law
This Agreement shall be governed and construed in accordance with the laws of Canada without giving effect to any conflicts of laws provisions.
16) Binding Effect
This Life Coaching Terms and Conditions shall be binding upon the parties hereto and their respective successors and permissible assigns.