Coaching Agreement Policy | Theresa Vivian

Coaching Agreement

This Agreement is entered into by and between Theresa Vivian, Certified Practitioner and Trainer of Neuro Linguistic Programming, Meditation Teacher and Reiki Master and Private Paying Coaching Client, whereby I as the coach agree to provide Coaching Services for Private Paying Coaching Clients focusing on strategies to manage stress, overwhelm, fear and anxiety.

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. Coach agrees to maintain the ethics and standards of behaviour established by the NLPAA. It is recommended that the Client review the NLPAA Code of Ethics and the applicable standards of behaviour.

B. 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. 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 further acknowledges that he/she may terminate or discontinue the coaching relationship at any time.

D. 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.

E. 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 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.

F. The Client understands that in order to enhance the coaching relationship, the Client agrees to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the program.

2) Services

The coach and client agree to engage in a Coaching Program through an agreed platform - online, via phone or in-person. Coach will be available to Client by e-mail, SMS and voicemail in between scheduled meetings as defined by the Coach. Coach may also be available for additional time, per Client’s request on a prorated rate of $200 per hour (for example, reviewing documents, reading or writing reports, engaging in other Client related services outside of coaching hours).

3) Schedule and Fees

This coaching agreement is valid as of the date of payment of the agreed service purchased from the coaching page or per month when agreed upon.

The calls/meetings shall be no more than 90 minutes. If rates change before this agreement has been signed and dated, the prevailing rates will apply.

4) Procedure

The time of the coaching meetings and/or location will be determined by Coach and Client based on a mutually agreed upon time. The Coach will initiate all scheduled calls and will contact the Client at the agreed phone number/address/online platform for all scheduled meetings.

5) 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. However, please be aware that the Coach-Client relationship is not considered a legally confidential relationship (like the medical and legal professions) and thus communications are not subject to the protection of any legally recognized privilege. 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. Coaching is not a substitute for clinical counselling or psychotherapy services and as such no written recording of the meeting will be stored by the coach, it is the responsibility of the client to and to make and store their own records of meetings where required. 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 (Optional, based upon specific situation)
The Coach engages in training and continuing education pursuing and/or maintaining NLPAA Standards. By reading this agreement, you agree to the possibility that topics may be anonymously and hypothetically be shared with other coaching professionals for training, supervision, mentoring, evaluation, and for coach professional development and/or consultation purposes.

7) Cancellation and Termination Policy

The refund, cancellation and termination policy in effect for the term of this Agreement is as follows. Please read it carefully before making your purchase and follow it if you need a refund. All requests must be made in writing via email.

Coaching Refund and cancellation policy

The Client may cancel an order within 24 hours of purchasing and request a refund. The Client must clearly state their decision to cancel, the reason for said cancellation, and their preferred method of reimbursement. A full refund will be issued.
Once sessions have been scheduled with the Client, they are considered set appointments. However, if necessary, the Client may request to reschedule a session, if they give at least 24 hours advance notice.
Any missed sessions or cancelled sessions with less than 24 hours advance notice will be forfeited. If the Client cancels after beginning sessions and/or receiving services, they may only request a refund for the amount pertaining to remaining sessions or hours not yet logged. The Client will not have the right to cancel or request a refund after the services have been fully performed (after all sessions or services have been completed).
If unexpected circumstances prevent the Client from completing all of their scheduled sessions, then the Client may request a refund for the amount pertaining to the remaining sessions.

This policy shall apply to all services available on this website.
We do not offer any refunds for services that have already been delivered.

We reserve the right to modify or terminate services and the Client-Coach relationship at any time, as coach I will notify the Client a termination or modification notice that it is effective immediately on the day of sending such advice. In such situations, at our discretion, a refund may or may not be issued for any remaining sessions or services that were paid for but not completed.

Course/Retreat Enrolment Refund and cancellation policy

As coach I am entitled to charge fees for services provided to students undertaking a course of study. These charges are generally for items such as course materials or workbooks, student services and training and assessment services.
If you are not happy with your purchase and would like a refund, please contact us with the reasonable request by email within 14 days of purchase and we will provide a full refund.
A student who wishes to cancel their enrolment must give notice in writing via email. Initial notice of cancellation will ensure the student understands their rights with regards to the refunding of course fees. The student is also to be advised of other options such as suspending the enrolment and re-commencing in another scheduled training program.
Refunds under normal circumstances refunds are not given however the below dictates the special grounds and identifies the circumstances in which a refund will be granted as well as the refunded amount where applicable.

Course/Retreat Cancellation Full refund of course/retreat fees

A full refund of fees paid, including enrolment charge, will be granted in the event of the following:

The Coach cancels a course or class;
An error is made at the time of enrolment e.g. if a student is enrolled in a unit/module previously completed
The Coach is unable to fulfil the requirements of the learning arrangement

Course/Retreat Cancellation Partial refund of course/retreat fees within a specified time frame

A student who gives notice to cancel their enrolment with greater than 7 days prior to the commencement of a program will be entitled to an 85% refund of fees paid.
The cancellation fee of 15% is required to cover the administration of the process, costs of staff and resources which will have already been committed based on the students’ initial intention to undertake the training.
Discretion may be exercised by the coach if the student can demonstrate that extenuating or significant personal circumstance led to their withdrawal for example if you are unable to start a program due to circumstances out of your control (determined on a case-by-case basis by our administration).
This cancellation fee may be avoided if you opt for a service credit instead of a refund.

To claim a refund, credit or for further information please send via email.

8) 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 actually paid by the Client to the Coach under this Agreement for all coaching services rendered through and including the termination date.

9) 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.

10) 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 14 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.

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