Terms & Conditions

I ("coach") agree to provide You ("client") with coaching services to facilitate your achievement of specific and agreed goals (“Coaching”) through a series of regular conversations or meetings (“Sessions”) with You on the terms and conditions below.

You and I agree to be bound by the Terms and Conditions of Coaching attached and the details relating to You personally, the Coaching and the Sessions specified below.

 

1.    Sessions

A Session may be carried out over the phone or in person at mutually agreed places and times during the Period.

2.    Duration of Sessions

A Session will take place weekly for the time stipulated in the package purchased throughout the Period or at such other times as is agreed during the Period. You must be on time for all Sessions, whether these take place using the phone, zoom or in person.

 

3.    Session Times

24 hours’ notice is required from the coachee to change a session. A session may be deemed to have taken place and charged accordingly if less than 24 hours’ notice is given. I will also give 24 hours’ notice if I need to reschedule a session.

 

4.    Engagement of Coach

I shall arrange to provide the Coaching to you during the Period at mutually agreed times and places. I shall use my best endeavours to make myself available for the entire Period. I may, in my discretion, arrange for a substitute, duly qualified coach to replace me for all or any of the Sessions if I am unavailable for all or part of the Period, and such coach shall thereafter be deemed to be me for the purposes of this agreement.

 

5.    Training of Coach

I warrant that I have completed coach training with the Neuroleadership Institute using the Brain Based Results Coaching Systems and am reasonably capable of performing the Coaching activities.

 

6.    Preparation for Sessions

You agree to perform all actions forming part of the Coaching Sessions and also carry out any act, matter, or thing in preparation for future Sessions as determined by you. You agree to advise me as soon as you become aware that these actions will not or cannot be performed. If you refuse to carry out such actions, then this agreement shall be terminable by me (and the provisions below relating to termination shall apply).

 

7.    Coaching Methods

You acknowledge that the Coaching Sessions may be personally, emotionally and physically challenging and that there may be occasions on which you will feel emotional challenges—including frustration, annoyance, or stress. You must make all efforts and schedule all Sessions at such times to ensure your peak physical, mental, and emotional state and condition necessary for the conduct of the Session and shall (if necessary) take all steps to cancel any Session in the event that you are not well enough to continue. You will not hold me liable for any loss or cost incurred by you (or any person related to you) in the event of mental, physical, emotional stress/distress (or other ailment or condition) caused either directly or indirectly in relation to the Coaching Sessions. You shall indemnify me in the event of any such claim.

 

8.    No Warranties Given

I make no representation or warranty to you that any of the Coaching methods or the Sessions will work for your particular circumstances. You will not hold me responsible for the failure (in whole or part) to achieve any of your goals.

 

9.    Intellectual Property Rights

You have no right to use or reproduce any of the processes, techniques, presentations, methodologies, precedents, and materials used by me in the Coaching activities (“Materials”). You must not at any time use or reproduce the Materials in any manner, shape, or form (except for your own personal use), and shall ensure that none of your servants, agents, or any related bodies corporate use or reproduce the Materials in any manner, shape, or form. You shall indemnify and keep me indemnified in respect of any loss or damage caused or sustained by me in the event of your breach of this paragraph.

 

10.    Confidential Material

As part of the Coaching, I may need to obtain your personal details or confidential material relating to you personally. I shall use reasonable endeavours to ensure that such material shall not be disclosed to any third party without your consent.

 

11.    Coach is Independent Contractor

You acknowledge that I have been engaged by you solely as an independent contractor. I act at all times as an independent contractor and have no authority to bind or represent any other party in any way. You shall not hold any party liable for any act, matter, or thing done or to be done by me in the course of the Coaching or the Sessions.

 

12.   Permission to Include Details on Coaching Log

In signing this agreement, you acknowledge that I can include your name, phone number, and email address in my log of coaching hours for ICF credentialing. This information would be treated in strict confidence, and no other information about your coaching would be revealed.

 

13.   Payment

Payment for the Coaching shall be via an agreed-upon method to suit both parties.

If you fail to pay the amounts owing under procedure on termination, then you shall in addition pay me interest at a rate of 10% per annum on all monies outstanding, calculated on and from the date on which the monies were due to me. Such monies together with interest owing shall be a debt due from you to me. Refunds for any money back guarantees must be requested verbally at the conclusion of the coaching session in order to be honoured.

 

14.   Termination of Agreement

I may terminate this Agreement before the end of the Period on written notice to you if: 

You fail to perform or observe any of the terms of this Agreement and fail to remedy such breach within five business days of a notice from me to remedy that failure;

  • You fail to perform any term of this Agreement which is incapable of remedy;

  • An insolvency event occurs in relation to you (for instance, you become bankrupt, or some arrangement or court order is made or proposed in relation to all or any of your assets); or

  • Any cheque drawn or endorsed by you for the purposes of this Agreement has been dishonoured and you fail to honour such cheque within five working days of a notice from me to honour the said cheque.

You may terminate this Agreement if the matters raised in paragraphs (i) and (ii) are applicable to me. Either I or you may terminate the Agreement by agreement.

 

15.   Procedure on Termination

If the agreement is validly terminated prior to the end of the Period, then you must immediately pay me the balance (if any) of the fee for the unexpired period of Coaching, together with any other monies owed by you under this agreement. Upon termination I shall immediately cease to be liable to you in respect of the Coaching and the Sessions.