Last Updated: 11/23/2022
COACHING AND CONFIDENTIALITY AGREEMENT
The Professional Coaching Agreement (“Agreement”) is effective as of [DATE] (Effective Date”) between [Name] (“Coach”) and [Name of Client] (“Client”). Coach and Client are referred to individually as a “Party” and collectively as the “Parties”.
RECITALS
All sessions begin with a 30-minute initial consultation, after which subsequent 60-minute coaching sessions are designed to help the client learn new skills, strategies and tools in order to make healthy, and sustainable behavioral changes.
The Coach will assist Client by listening, asking questions, and providing insights to assist Client to make his/her own decisions without judgments and complete confidentiality. The Coach will support Client by maintaining an accountability framework by recognizing the Client’s innate self with affirmation and education, and by assisting Client to develop plans and strategies that will help the Client to achieve his/her goals that can be used for a lifetime.
AGREEMENT
In consideration of the premises stated in the Recitals which are hereby incorporated into this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties each agree to be legally bound by the terms of this Agreement.
Article 1 Services and Payment
1.1 Coaching Sessions. Parties agree to meet at the scheduled appointment time. Client will call into ZOOM with the provided coach log-in code. Parties agree to start and finish each session on time. Client understands it is their responsibility to arrive on time for each scheduled session. If the Client is more than 10 minutes late, and has not met the term outlined in Article 1.3 below for a coaching session, Client will forfeit the session fee.
1.2 Payment Terms. All payments outlined in Exhibit A of this Agreement shall be pre-paid at the time of booking an appointment.
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1.3 Rescheduling Provisions. If a Party cannot participate in a scheduled session and provides at least 48-hours notice to the other Party, Parties will work together to reschedule the session.
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1.4 Refund and Cancellation Policy. Coach abides by the following refund policy. Any sessions already started (mid-session), completed, or already billed (such as Intake session, no shows, or cancellations not made within 48 hours of scheduled session) are non-refundable. By accepting the terms of this Agreement, Client agrees and understand that Client is foregoing the right to claim any refund of fees paid for such coaching session.
Coach reserves the right to cancel any appointment at any time. If Coach is unable to keep a session, Client will be notified in advance with as much notice as possible and will be asked to reschedule appointment agreed to by both Parties.
Coach also acknowledges that from time-to-time LIFE happens and Client may need to cancel coaching session. If Client needs to cancel scheduled coaching session, Client must notify Coach within 48 hours to avoid being charged by session. If Client cancels scheduled coaching session with less than 48 hours due to an emergency situation, Coach may, on a case-by-case basis, allow the session to be rescheduled at no charge to Client.
If during this Agreement, either Party terminates agreement, both Parties will work together to determine appropriate refund back to Client.
Article 2 Term and Termination
2.1 Term. This Agreement shall commence on the Effective Date and continue in full force until either Party terminates the Agreement as outlined in Article 2.2.
2.2 Termination. This Agreement may be terminated as set forth below.
2.2.1 Convenience to Terminate. Either Party may terminate this Agreement at any time for any reason, or no reason, upon seven (7) days written notice to either party.
2.3 Effect of Termination or Expiration. Termination or expiration of this Agreement shall not release a Party from obligations, rights, and liabilities incurred under this Agreement prior to the date of termination or expiration.
Article 3 Confidentiality
3.1 The coaching relationship, as well as all information (documented or verbal) that the Client shares with the Coach as part of this relationship is bound by the principles of confidentiality set forth in the ICF Code of Ethics. Each party agrees to maintain the confidentiality of any proprietary or confidential information (“Confidential Information”) of the other to which it has gained access during the performance of this Agreement. “Confidential Information” includes without limitation, terms and conditions of this Agreement and any and all information relating to the services and discussions as a part, which is non-public, confidential or proprietary in nature that is communicated in writing, electronically, orally or any other media. Confidential information may only be used by a party for purposes of performing this Agreement and may not be disclosed to any third party except with the prior written consent of the party whose information is being disclosed, except as required by law. Each party shall use the same care to prevent disclosure, publication, or dissemination of such Confidential information as is used to protect its own Confidential information, but not less than reasonable care. Confidential information does not include information that:
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Was in the Coach’s possession prior to its being furnished by Client;
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Is generally known to the public or in the Client’s industry;
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Is obtained by the Coach from a third party, without breach of any obligation to the Client;
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Is independently developed by the Coach without use of or reference to the Client’s confidential information;
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The coach is required by statute, lawfully issued subpoena, or by court order to disclose;
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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;
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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.
Article 4 Representations and Warranties
4.1 Client understands and agrees that Client is fully responsible for his/her physical, mental and emotional well-being during all coaching calls, including the Client’s choices and decisions. Client is aware that the client can choose to discontinue coaching at any time. _________ (Initial)
4.2 Client understands that coaching is a Professional-Client relationship the client has with the coach that 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. _________ (Initial)
4.3 Client understands that coaching is a comprehensive process that may involve all areas of the client’s life, including work, finances, health, relationships, education, and recreation. Client acknowledges that deciding how to handle these issues, incorporate coaching into those areas, and implementation of the Client’s choices is exclusively the Client’s responsibility. _________ (Initial)
4.4 Client understands that coaching does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association. Client understands that coaching is not a substitute for counseling, psychotherapy, psychoanalysis, mental health care or substance abuse treatment and will not use it in place of any form of diagnosis, or treatment of therapy. _________ (Initial)
4.5 Client acknowledges that if the Client is currently seeking therapy or otherwise under the care of a mental health professional, that the Client has consulted with the mental health care provider regarding the advisability of working with a coach and that this person is aware of the Client’s decision to proceed with the coaching relationship. _________ (Initial)
4.6 If, at anytime during the coaching session, Client seeks therapy or otherwise under the care of a mental health professional, Client will disclose such information to Coach and provide name, phone, and email of such mental health care provider to assist in the coaching process. Client acknowledges that they will follow the guidelines outlined in Article 4.5 in this Agreement. _________ (Initial)
4.7 Client understands that certain topics may be anonymously and hypothetically shared with other coaching professionals for training or consultation purposes. _________ (Initial)
4.8 Client understands that coaching is not to be used as a substitute for professional advice by legal, medical, financial, business, spiritual or other qualified professionals. Client will seek independent professional guidance such matters listed above. Client understands that all decisions in these areas are exclusively the Client’s decisions and acknowledge that the decisions and actions made by the Client are the Client’s sole responsibility.
_________ (Initial)
4.9 Client understands that coaching does not offer any guarantee of success, but there are many who have had personal success facilitated by the coaching process. _________ (Initial)
4.10 Client provides permission to Coach to keep a confidential record of Client’s name and contact information including but not limited to: phone and email address in order to meet the requirements for coaching credentialing by the International Coaching Federation (ICF). Client agrees to allow Coach to document and report coaching hours between Client and Coach to the ICF for certification purposes. _________ (Initial)
4.11 Client understands that by execution of this Agreement, that the Client hereby agrees to indemnify and hold harmless Coach, from any and all claims, demands, actions, losses, expenses, damages, liabilities, costs (including, but not limited to, reasonable attorneys’ fees, court costs and costs of settlements) and judgments arising out of (i) any decision made by Client and (ii) data breach caused from a third-party secure software being used to capture 1:1 coaching sessions between Parties. _________ (Initial)
Article 5 General Provisions
5.1 LIMITATION OF 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.
5.2. The Coach engages in training and continuing education pursuing and/or maintaining ICF Credentials. That process requires the names and contact information of all Clients for possible verification by ICF. By signing this agreement, you agree to have only your name, contact information, number or hours and start and end dates of coaching shared with 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.
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5.3. This Agreement, together with the Exhibits, and the related written agreements specifically referred to herein, represents the only Agreement among the Parties concerning the subject matter hereof and supersedes all prior agreements, whether written or oral, n relating thereto. No purported amendment, modification or waiver of any provision hereof shall be binding unless set forth in a written document signed by the Parties (in the case of amendments or modifications) or by the Party to be bound thereto (in the case of waivers).
[NAME OF COACH] [NAME OF CLIENT]
By: ______________________________ By: ______________________________
Print Name: _______________________ Print Name: _______________________
Date: _____________________________ Date: _____________________________
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