Terms & Conditions:

1)  Coach-Client Relationship:

 

A. Coach agrees to maintain the ethics and standards of behavior established by the International Coaching Federation “(ICF).” www.coachingfederation.org/ethics. It is recommended that the Client review the ICF Code of Ethics and the applicable standards of behavior. 

 

B. The client is solely responsible for creating and implementing their own physical, mental and emotional well-being, decisions, choices, actions, and results arising out of or resulting from the coaching relationship and their 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, 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 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 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. 

 

2)  Payment:  Payment is due on the 1st of the month or before the first coaching session.  If payment has not been made for the month, coaching sessions will be put on hold until payment is made.  

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3)  Scheduling:

Coach and Client will determine the time of the coaching meetings and/or location based on a mutually agreed upon time.  The Client will initiate all scheduled calls via  https://calendly.com/emilynicolemitchell; once scheduled a Google Meet will be sent to the client.  

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4)  Confidentiality:

This 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 outlined in the ICF Code of Ethics.  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 before 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 the 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 their continuing obligation to raise confidentiality questions or concerns with the Coach promptly.

 

5)  Privacy/Data Protection

 

A. The Coach and the Client will each comply as appropriate with applicable privacy/data protection legislation (including GDPR), binding court order, judgment or decree, guidance, codes, policy, or standards.

 

B. With regard to processing personal data/personal identifiable information (“data”) in relation to the Client, the Coach will: process such data lawfully (on an appropriate basis including but not limited to consent, or to comply with the Coach’s legal or regulatory obligations, or for contractual performance, or for the Coach’s legitimate interests), fairly and in a transparent manner; collect such data for specified, explicit and legitimate purposes and not further process such data in a manner that is incompatible with those purposes; ensure that such data is adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed; maintain such data accurately; keep such data for no longer than is necessary for the purposes for which the data are processed; process such data in a manner that ensures appropriate security of the data, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organizational measures; maintain records of such data processing under applicable privacy/data protection legislation requirements; share such data with third parties who the Coach will inform the Client about; concerning such data, observe the Client’s privacy/data protection rights under applicable privacy/data protection legislation requirements, which may be subject to some conditions and exceptions; process such data for marketing purposes under applicable privacy/data protection legislation requirements; in case of a security breach concerning such data, where requirements of applicable privacy/data protection legislation are met, notify a regulatory or supervisory authority, board or other body responsible for administering privacy/data protection legislation, and the Client of the data security breach; and, where it is necessary for the Coach to transfer such data internationally the Coach will comply with applicable privacy/data protection legislation requirements designed to ensure the privacy of such data.

 

C. In connection with any infringement by the Coach of applicable privacy/data protection legislation requirements, including a security breach, concerning personal data/personally identifiable information about the Client, the Coach’s entire liability under this Agreement and the Client’s exclusive remedy shall be limited to the amount paid by the Client to the Coach under this Agreement for all coaching services rendered through and including the termination date.

 

6)  Release of Information:

The Coach engages in training and continuing education, pursuing and/or maintaining ICF (International Coach Federation) Credentials.  That process requires the names and contact information of all Clients for possible verification by the ICF.  By signing this agreement, you agree to have only your name, contact information, 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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According to the ethics of our profession, topics may be anonymously and hypothetically shared with other coaching professionals for training, supervision, mentoring, evaluation, and coaching professional development and/or consultation purposes.

 

7)  Cancellation Policy:

The client agrees that it is the Client's responsibility to notify the Coach 48 hours before the scheduled calls/meetings.  The coach reserves the right to bill the Client for a missed appointment.  The coach will attempt in good faith to reschedule the missed appointment.

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8)  Record Retention Policy: 

The Client acknowledges that the Coach has disclosed their record retention policy concerning documents, information, and data acquired or shared during the term of the Coach-Client relationship.  The Coach will maintain such records in a format of the Coach’s choice (print or digital/electronic) for a period of not less than two years.

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9)  Termination:

The Client or the Coach may terminate this Agreement at any time with two weeks' written notice.  Client agrees to compensate the Coach for all coaching services rendered through and including the effective date of termination of the coaching relationship. 

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10)  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 paid to the Coach under this Agreement for all coaching services rendered through and including the termination date. 

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11)  Entire Agreement:

This document reflects the agreement between the Coach and the Client and a complete understanding of the parties concerning 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.

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12)  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 60 after notice is given.  If the dispute is not 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.

 

13)  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.

 

14) 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.

 

15) Applicable Law:

This Agreement shall be governed and construed in accordance with the laws of the State of __Indiana________, without giving effect to any conflicts of laws provisions.

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16) Binding Effect: 

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This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns. 

 

Please sign the client agreement below before the first meeting and submit or return a copy to emilynicolemitchell@gmail.com.