This Agreement is entered into by and between me (the “Client”) and Megan Ladd (my “Coach”) and contemplates the Coach and Client's understanding of the scope of the coaching services to be provided.
1) Description of Coaching or Coaching Services
a. Coaching is a 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 meant to facilitate the creation/development of personal, professional or business goals and to develop and carry out a strategy/plan for achieving those goals.
b. The client understands that coaching is, at present, an unregulated industry and that their Coach is not licensed by the State of California or any other state. The Client also understands that for all legal purposes, the services provided by their Coach will be considered provided in the State of California.
c. The parties agree to engage in a 6-month Coaching Program through telephone.
2) Coach-Client Relationship
a. 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 sessions 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.
b. Client acknowledges that coaching is a comprehensive process that may involve different areas of his or her life, including work, relationships, health, finances, 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.
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 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.
d. The Client understands that to enhance the coaching relationship, they must communicate honestly, create the time and energy to participate fully in the program, and be open to feedback, assistance, and experimenting with new actions, behaviors, and strategies to get the results they want.
e. The Client agrees to come to coaching sessions fully alert and sober, prepared with an agenda that includes a clear intention and issues to work through during scheduled sessions.
f. The Client agrees to take responsibility for getting what they want from the coaching process. If the Client feels uncomfortable in the coaching process for any reason, they will let their Coach know so that they can explore alternative methods of coaching.
g. Both Coach and Client will keep all commitments and agreements they make to each other – including any “homework.” The Client understands that they will only make agreements they are committed to keeping.
a. The Coach agrees not to disclose any confidential information pertaining to the Client without the Client’s written 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; (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; or (g) involves illegal activity. 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 Client also acknowledges his or her continuing obligation to raise any confidentiality questions or concerns with the Coach in a timely manner.
b. Should the Coach experience concern regarding the wellbeing of the Client or others, the Client gives their Coach permission to reach out to their emergency contact, the police, or the appropriate local agencies or emergency departments.
c. 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, Skype and other technology.
4) Limited Liability
a. 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.
b. In no event shall the Coach be liable to the Client for any indirect, consequential or special damages. The Client hereby releases, waives, acquits and forever discharges their Coach from every claim, suit action, demand, or right to compensation for damages the Client may claim to have or that the Client may have arising out of acts or omissions by the Client or by their Coach because of the advice given by their Coach or otherwise resulting from the coaching relationship contemplated by this agreement.
c. This agreement shall bind the Client’s heirs, executors, personal representatives, successors, assigns, and agents.
5) Coaching Package & Payment
a. The coaching package includes 12 regular sessions to be scheduled on a bi-weekly basis, custom assignments, and check-ins in between sessions.
b. The first payment for coaching services is due prior to the Client’s launch session. If the Client selects a 2-part payment plan, the second payment is due 3 calendar months after receipt of the first payment.
c. Late payments may delay scheduling for coaching sessions, suspend services from the Coach, or serve as grounds for termination of this agreement.
d. Coaching fees are non-refundable. If the Client chooses not to continue, any unused fees will be forfeited.
6) Coaching Schedule
a. The time of the coaching meetings will be determined by Coach and Client based on a mutually agreed upon time. The Client will initiate all scheduled calls and will call the Coach at the number provided for all scheduled phone meetings.
b. Coach and Client both agree to be on time for sessions and make coaching time sacred. Both parties agree to make calls from a quiet, private place where they can be present to receive maximum value.
c. Regularly scheduled bi-weekly sessions shall be 60 minutes each. All sessions begin at the scheduled time of the call, and coaching sessions will not extend beyond 60 minutes for any late starts due to client delay. Sessions may run longer than the time of 60 minutes at the discretion of the Coach providing the service.
d. The client has the obligation to ensure that all sessions in their coaching series are scheduled within the time constraints of their six-month coaching program that begins on the start date of this agreement. The client may forfeit any unused sessions at the conclusion of the coaching program at the discretion of the Coach.
7) Cancellation Policy
a. If for some urgent reason the Client is unable to make a scheduled session, the Client agrees to notify the Coach at least 48 hours in advance of the scheduled session. Coach reserves the right to forfeit the Client’s session in the event of less than 48 hours’ notice. If 48 hours’ advance notice is given, Coach will attempt in good faith to reschedule the session within one week of the originally scheduled time to keep coaching services consistent and on-track. Should the Coach not be able to find a new time slot within one week of the original session, the Client understands that their session will be forfeited, and both Coach and Client will move onto scheduling the Client’s next session in their coaching series.
a. The Client may terminate this Agreement at any time with 2 weeks written notice. If the Client decides to terminate this Agreement, they surrender all payments made at the beginning of their coaching series. If the Client is on a payment plan, their remaining payment is due upon termination.
9) Entire Agreement
a. 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 except in writing signed by both the Coach and the Client.
10) Applicable Law
a. This Agreement shall be governed and construed in accordance with the laws of the State of California without giving effect to any conflicts of law’s provisions.