1. DESCRIPTION OF SERVICE
Coaching Defined: 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.
2. COACH-CLIENT RELATIONSHIP
Coach agrees to maintain the ethics and standards of behavior established by the International Coach Federation “(ICF)” (Coachfederation.org/ethics). It is recommended that the Client review the ICF Code of Ethics and the applicable standards of behavior.
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.
Client further acknowledges that he/she may terminate or discontinue the coaching relationship at any time.
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.
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.
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.
3. COACHING SESSION PACKAGES
The parties agree to engage in the Coaching Program described at the time of purchase through the method agreed upon (in-person, Zoom, or phone meetings). Coaching packages will be purchased in advance of the coaching sessions. Coach may also be available for additional time, per Client’s request, on a prorated basis rate to be determined between Coach and Client. (Additional time may include, for example, reviewing documents, reading or writing reports, or engaging in other Client-related services outside of coaching hours).
Live Sessions: When booking live sessions, we ask you to be on time, and fully prepared for your session using the information provided you when registering. Rescheduling: We understand that sometimes you may need to rearrange your session; we ask for 48 hours’ notice for any changes to enable the session to be used by another client. Coach will attempt in good faith to reschedule the missed meeting.
To receive Clarity Coaching Services, you may need internet access and provide us with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, and which may include payment through your account with a third party such as Stripe or Paypal.
Your Clarity Coaching Services package will be paid in full or in monthly installments as specified at the time of purchase, and will begin on the first day of payment and continue until paid in full.
The coaching fees for Clarity Coaching Services and any other charges you may incur in connection with your use of the services, such as taxes and possible transaction fees, will be charged either as one payment up front or in monthly installments to your Payment Method on the calendar day corresponding to the first payment. In some cases, your payment date may change, for example if your Payment Method has not successfully settled or if your installments began on a day not contained in a given month. Visit the dashboard, Invoices section, of your CoachVantage portal page to see your next payment date.
To use Clarity Coaching Services you must provide one or more Payment Methods when you register for a coaching package. We may also update your Payment Methods using information provided by the payment service providers, such as, but not limited to, Stripe or Paypal. Following any update, you authorize us to continue to charge the applicable Payment Method(s). You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your installment fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method.
For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details. Upon signing these Terms, you agree to pay in full as you will receive the login for all of the proprietary tools. We reserve the right to suspend the coaching services, terminate the contract between us, or have a collection agency involved if our charges are overdue for payment by you. When applicable, all our charges are inclusive of sales tax in the United States.
Changes to Price
Payments are non-refundable and there are no refunds or credits for partially used periods. Coach will attempt in good faith to reschedule any missed meetings, to be made up within a month of the date the session was missed.
At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
5. WARRANTY & LIMITED LIABILITY
The satisfaction of our clients is Clarity Coaching Services’ highest priority and we are committed to providing the best tools, coaching skills and methods. The Services are provided with reasonable skill and care by coaches who are professional and experienced. The client is fully responsible for themselves and their actions within and outside of the Services provided.
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.
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 set forth 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) 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.
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; 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 his or her continuing obligation to raise any confidentiality questions or concerns with the Coach in a timely manner.
7. YOUR RESPONSIBILITIES
In order for us to keep the Services safe and available for everyone to use, we all have to follow the same rules of the road. You and other users must use the Services for lawful, non-commercial, and appropriate purposes only. Your commitment to this principle is critical. You agree that you will not use the Services and Content in a way that:
Violates the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
Uses technology or other means to access, index, frame, or link to the Services (including the Content) that is not authorized by Clarity Coaching Services (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized stream capture, reproduction, access to, or distribution of the Services);
Introduces viruses or any other computer code, files, or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
Violates these Terms or any guidelines or policies posted by Clarity Coaching Services
Interferes with any other party’s use of the Services; or
Attempts to do any of the foregoing.
If Clarity Coaching Services determines in its sole discretion that you are violating any of these Terms, we may (i) notify you, and (ii) use technical measure to block or restrict your access or use of the Services. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the Services, you agree not to circumvent, avoid, or bypass such restriction, or otherwise restore or attempt to restore such access or use.
8. 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 except in writing signed by both the Coach and the Client.
9. 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 (certain amount of time such as 30 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. No waiver or any amendment to these terms shall be effective unless in writing and signed by both you and us. This contract shall be governed by and construed by the laws of the United States.
12. APPLICABLE LAW
This Agreement shall be governed and construed in accordance with the laws of the State of Utah, without giving effect to any conflicts of laws provisions.
13. BINDING EFFECT
This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns.
Please print and sign two copies and return one copy of this Client Agreement prior to the first scheduled coaching meeting. Retain one copy for your records and mail the other to: