COACHING AGREEMENT, TERMS AND CONDITIONS
Coaching Agreement
I understand The MAP Method is a mind-body approach intended to neutralize emotions and disempowering beliefs and align me to my goals. Any information provided by the MAP coach is educational and to be used at my own decision and discretion.
I also understand I may experience so-called “Parts waking up” between sessions following the MAP session and that these may happen, particularly if I have a history of chronic or heightened levels of trauma and have been suffering from addictions. In this case, calling or contacting my coach if needed is advised, especially when or if I have received the MAP Self-Treatment training and it is not helping.
I understand the MAP method is not a substitute for medical or psychological treatment and/or diagnosis, and any mental, emotional, or medical issues or concerns should be addressed with a qualified physician or licensed psychotherapist.
I understand that if I have any mental, emotional, or medical issues or concerns I will communicate it to the MAP coach.
I understand participation in a MAP session is voluntary and that at all times I may choose to end my participation.
In addition, live MAP sessions may entail holding the right hand and wrist. I give complete consent to let the MAP coach touch my hand, wrist, and arm. The MAP coach may ask for my consent the first time he/she will be touching my hand.
I understand that information exchanged with the MAP coach is confidential and will not be released without my prior written consent, except as required by law.
I understand that by providing this informed consent I am assuming full responsibility for my MAP session, what I say, and I hold harmless both the MAP coach and the facility/location where the session is provided.
Should any claim arise out of this MAP session, I agree to engage in mediation and/or arbitration as provided by law where I and the MAP coach live.
I understand that Full Payment is due for each service. Since time has been especially reserved for me, I understand a 48- hour cancellation notice is expected and missed appointments may be charged.
Insurance may not be accepted with my specific MAP coach and I choose to accept the insurance terms of my MAP Coach.
If I have any questions or concerns, I will address these promptly with the MAP coach.
With my checkmark in the checkbox, I hereby authorize Dr Jenna Foster to provide me with MAP session(s).
Terms
Create Life You Really Love – The Company
COACHING TERMS AND CONDITIONS
1.Definitions and Interpretation
In these terms and conditions the following expression will have the following meanings:
“Coaching” means Coaching as described in the Coaching Packages and in section 5 for Coaching
“Coach” means the person who provides Coaching for the Coaching Packages
“Coaching Packages” means a finite set of training modules delivered through a mixture of webinars, downloads, templates and coaching calls
“Intellectual Property Rights” means
(a) any and all rights in any patents, trademarks, service marks, registered designs, applications (and rights to apply for any of those rights) trade, business and company names, internet domain names and e-mail addresses, unregistered trademarks and service marks, copyrights, Coaching Packages materials, database rights, know-how, rights in designs and inventions;
(b) rights under licences, consents, orders, statutes or otherwise in relation to a right in paragraph (a);
(c) rights of the same or similar effect or nature as or to those in paragraphs (a) and (b) which now or in the future may subsist; and
(d) the right to sue for past infringements of any of the foregoing rights;
2.General
2.1 These Terms and Conditions contain the entire agreement between us and supersede any prior agreement between us relating to their subject matter.
2.2 These Terms and Conditions are for the delivery of the Coaching Packages to a business and you warrant that you are not a consumer.
2.2 These Terms and Conditions will apply from the date hereof and will continue to apply in relation to any additional Coaching Packages we agree to supply to you.
2.3 No amendment to these Terms and Conditions will be effective unless evidenced in writing and signed by both of us
2.4 Nothing contained within these Terms and Conditions will constitute the relationship of employer and employee between You and the Company nor will it constitute any partnership or other legal arrangement between us not contemplated by these Terms and Conditions
3.Obligations of the Company
3.1 The Company will:
3.1.1 provide a Coach capable of presenting the Coaching Packages.
3.1.2 deliver the Coaching Packages with reasonable skill and care
3.1.3 provide an alternative Coach and will make alternative arrangements with you if for any reason the Coach assigned to any Coaching Packages is not available and the non-availability of a Coach will not entitle you to take any action for breach of the agreement between us
3.2 You accept that the Company does not warrant that it will always be able to supply a Coach to deal with or complete any Coaching Packages within a specific period of time and that time is not of the essence in the delivery of the Coaching Packages.
3.3 The Company has the right, at its sole discretion, to change the content of any of the Coaching Packages, how the Coaching Packages is delivered, the dates upon which each part of the Coaching Packages is provided and the Coaches.
4.Your Obligations
4.1 You must supply the Company with details of any pertinent information, special educational needs or behavioural considerations of the person to receive the Coaching before the Coaching Packages has started.
4.2 You acknowledge and agree that:
4.2.1 The person undertaking the Coaching Packages will attend and participate in all parts of that Coaching Packages no matter how it is provided and will complete all and any assignments that are required to be completed as part of the Coaching Packages; and
4.2.2 The Company cannot guarantee that any participant will achieve any specific result as a result of taking the Coaching Packages
4.3 If the Company requires any input from you whilst delivering the Coaching Packages you will provide the same in a reasonable and timely manner.
4.4 Any delay in the provision of the Coaching Packages resulting from your failure or delay in complying with any of the provisions of this Clause 4 will not be the responsibility or fault of the Company.
4.5 You warrant that you are not a consumer and that your subscription to any service we offer relates to your business.
5.Coaching Procedure (non- Coaching Packages coaching)
5.1 The coaching schedule will be arranged between Create Life You Love and the client and can be booked up to two months in advance. Create Life You Love will recommend the frequency of coaching sessions based on a professional assessment of the client’s requirements. This recommendation, or plan, is not binding and may be altered and adjusted throughout the coaching journey by mutual agreement, in accordance with the terms set out in this agreement.
5.2 Where more hours are required the number of coaching sessions will be agreed at the start of coaching between Create Life You Love and the client, and confirmed Create Life You Love by email or written correspondence.
5.3 The first session (Introductory Session) is a two hours session in order to learn the “Healing Process Method”, the challenges and the desired direction. Thereafter the length of each session is up to one and a half hour session.
5.4 Coaching will take place between the client and their coach face-to-face (venue by mutual agreement), via Zoom (client receive a Zoom link from the coach), or by telephone (client calls coach). Face-to-face coaching will take place online or in the offices of Create Life You Love or at a mutually agreed venue. Where coaching takes place at a mutually agreed venue the client will be liable for any costs incurred by Create Life You Love at that time. Unless otherwise agreed, the client is responsible for telephoning The Company at agreed times.
5.5 The Company may assign the client tasks or exercises to complete between coaching sessions. There is no obligation on the client to complete these tasks, but not doing so may slow the client’s progress in achieving the desired business or personal outcomes.
5.6 Where possible, clients are requested to submit any information requested by The Company relating to assignments at least 24 hours before the coaching session when they are to be discussed. The Company will provide feedback on completed tasks and actions during coaching sessions.
5.7 The client may contact The Company by phone or email between sessions to share a success or seek clarification on a coaching issue.
Support between sessions is seen by The Company as a necessary part of the coaching process but is on a fair usage basis.
– Calls over 10 minutes in duration will be taken out of the retainer hours.
– If there are daily calls under 10 minutes, then these too will be accumulated and taken out of the retainer hours.
– The same applies to emails – Emails that require involved answers, the time is taken to answer the emails will be taken out of the retainer hours too, at the discretion of The Company.
5.8 The Company will always advise a client in advance if the nature of a client’s contact is likely to incur an additional charge, and no such charges will be imposed without the client’s agreement.
6.Fees and Payment
6.1 Coaching Packages fees
6.1.1The Fee will be the fee advised to you before we accept you on Coaching Packages
6.1.2 Once paid none of the Fees or any part of it is refundable
6.2 Coaching fees
The minimum commitment to working with The Company outside the Coaching Packages is one month. Additional sessions can be booked thereafter based on what the client and The Company agree, but each new ‘contract’ is for a three month period.
6.2.1 The minimum coaching commitment per month is four hours.
6.2.2 Full payment is due within seven days of completion of each month.
6.2.3 Where a client opts for a monthly retainer, the hours cannot be carried forward to the following month and the full sum is payable.
6.2.4 If the client needs to rearrange a coaching session, they should provide at least 48 hours’ notice. Payment may still be required if a session is canceled with less than 48 hours’ notice (and subject to section 6.IV). If more than one session is canceled, The Company reserves the right for payment to be made in advance. In that situation, no refunds will be given to clients for unused coaching sessions and is subject to section 6.2.3
6.3 Mastermind Group fees
The minimum commitment to working in a Mastermind group is three months and attendance is expected at all sessions in order to not let down fellow group members.
6.3.1 The fee includes the facilitation fee and the venue fee
6.3.2 The full payment is due prior to each session
6.4 In exceptional circumstances The Company may need to rearrange a coaching session; in these circumstances, The Company will use reasonable endeavors to provide a mutually satisfactory alternative appointment for the client.
6.5 The Company may charge interest on any sum not paid within 5 working days of its due date at a rate 4% above the base rate from time to time of Cater Allen bank plc from the date of the invoice until the actual date of payment and as well before as after judgment.
7.Cancellation and Termination
7.1 Either party may give notice in writing to the other terminating the agreement between us with immediate effect if:
7.1.1 the other party commits any material breach of any of the terms of these Terms and Conditions and that breach (if capable of remedy) is not remedied within 5 Working Days after notice being given requiring it to be remedied;
7.1.2 the other party becomes bankrupt, insolvent or becomes the subject of a receiving or winding-up order, makes any composition with its creditors or has an administrative receiver appointed over all or part of its undertaking or assets, or either the Company ceases, or threatens to cease, to carry on business.
No refund will be given in these circumstances.
Additionally:
7.2 The client may terminate their coaching contract at the end of three months but giving one month’s notice in writing. Any monies owed at the time of cancellation will become due immediately. Refunds on payments made against future sessions will be at the discretion of The Company.
7.3 In exceptional circumstances, such as illness or unavailability due to bereavement or other commitments, inappropriate behavior by the client, an actual or potential conflict of interest, or other reasons, The Company can decide to terminate the service to the client early or refuse or be unable to provide further coaching sessions to the client. In such a circumstance the client will be given reasonable notice of termination by The Company where practicable and will be refunded any advance payments made for coaching sessions not yet provided.
7.4 There may be occasions when The Company may recommend to the client that they seek an alternative service more suited to their current needs. In this event, The Company will fully discuss the reasons for the recommendation with the client. It is the client’s sole responsibility to decide whether to follow the recommendation and The Company does not accept any liability for the outcome of any decisions the client chooses to make.
8.Intellectual Property Rights
8.1 The Company will retain ownership of any and all Intellectual Property Rights that may subsist in anything produced by the Company in the Coaching Packages of providing the Coaching Packages. Throughout the term of the agreement between us, the Company will be deemed automatically to grant a royalty-free, non-exclusive license of any and all such rights to the Client to use the same in accordance with these Terms and Conditions.
8.2 The Company will assert all moral rights arising out of Chapter IV of the Copyright, Designs, and Patents Act 1988.
9.Liability
9.1 If you have a complaint against the Coach or against the Company you must inform the Company of that complaint in writing within 24 hours of the occurrence that gave rise to it.
9.2 Neither the Company any of its staff nor any Coach will be liable to you for any loss, injury, damage, expense or delay incurred or suffered by you or the individual receiving the Coaching Packages or coaching arising directly or indirectly from or in any way connected with the Coaching Packages or coaching or with any failure by the Company to introduce or supply a Coach and, in particular, but without limitation to the foregoing, any such loss, injury, damage, expense or delay arising from or in any way connected with:
9.2.1 failure of the Coaching Packages to meet your requirements; and
9.2.2 any act or omission of a Coach, whether wilful, negligent, fraudulent, dishonest, reckless, or otherwise.
PROVIDED THAT nothing in this clause 9 will exclude or restrict the liability of The Company or the Coach to you or any other person for death or personal injury resulting from negligence or for fraudulent misrepresentation or in any other circumstances where liability may not be so limited under any applicable law.
10.Disclaimer
10.1 You acknowledge and agree that neither the Company nor the Coach is qualified to give legal, accountancy or any other professional advice and that any advice given is generic in nature and that you will at all times seek full independent professional advice before taking any action on any such advice tendered by the Company.
10.2 The Company does not and cannot guarantee that you will receive any specific results from the Coaching Packages or any action you take as a result of having taken the Coaching Packages and you acknowledge and accept that any results you achieve are dependent upon your having completed the Coaching Packages successfully and correctly applying the techniques and advice it provides in a way which is suitable for the business you operate and that the Company has no control of your use of the advice it offers.
11.Data Protection
11.1 Both you and the Company will comply with their respective obligations under the Data Protection Laws and The Company’ Data Protection Policy at all times.
11.2 The Company will procure that each of their Coaches will also comply with their respective obligations under Data Protection Laws and the Company’ Data Protection Policy at all times.
11.3 By entering into an agreement with us you consent on your own behalf and on behalf of the individual undertaking the Coaching Packages to the use by the Company and the Coach of all personal data you supply to the Company and required for the purpose of providing the Coaching.
11.4 For the purposes of these Terms and Conditions:
11.4.1 “Data Protection Laws” means the U.S. Data Protection Laws and Regulations, and for the EU, GDPR 2018 (General Data Protection Regulation). As well as any applicable statutory or regulatory provisions and regulations in force from time to time relating to the protection and transfer of personal data; and
11.4.2 “Data Protection Policy” means any obligations relating to data protection and/or personal data which can be obtained directly from the Company or from its website.
12.Relationship of the Parties
Nothing in these Terms and Conditions nor in the agreement between us will constitute or be deemed to constitute a partnership, joint venture, agency or other fiduciary relationship between the parties other than the contractual relationship expressly provided for in these Terms and Conditions.
13.Coaching Packages and Sub-Contracting
13.1 You may not assign, mortgage, charge or sub-license or otherwise delegate any of your rights under these Terms and Conditions, or sub-contract or otherwise delegate any of your obligations without the written consent of the Company, such consent not to be unreasonably withheld.
13.2 The Company may perform any of the obligations undertaken by it through any other member of its group or through suitably qualified and skilled sub-contractors. Any act or omission of such other member or sub-contractor will, for the purposes of these Terms and Conditions, be deemed to be an act or omission of the Company.
14.Miscellaneous
14.1 No modification of or variation to these Terms and Conditions will be effective unless in writing and signed by or on behalf of each of the parties hereto.
14.2 If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions hereof and the remainder of the provision in question will not be affected thereby.
14.3 Any waiver of any breach of or default under any of the terms of these Terms and Conditions by the Company will not be deemed a waiver of any subsequent breach or default and will in no way affect the other of these Terms and Conditions.
14.4 The Company will be entitled to transfer or assign the benefit and/or burden of the agreement between us.
14.5 The expiration or termination of the agreement between us, howsoever arising, will not operate to affect such of the provisions of these Terms and Conditions as are expressed to operate after termination.
14.6 Any notice to be given by one party to the other hereunder will either:
14.6.1 be communicated verbally initially and confirmed in writing immediately
14.6.2 be communicated directly in writing and sent (either by post or electronic means) to the address for each party notified by one party to the other from time to time
14.7 The agreement between us does not create any rights or benefits enforceable by any person, not a party to it (within the meaning of the Contracts of the Uniform Commercial Code, Part IV, Rights of Third Parties, and applicable Europen Rights of Third Party.
14.8 Neither party will have any liability under or be deemed to be in breach of these Terms and Conditions for any delays or failures in performance of the agreement between us which result from circumstances beyond the reasonable control of that party. The party affected by such circumstances will promptly notify the other party in writing whether such circumstances cause a delay or failure in performance and when they cease to do so. If such circumstances continue for a continuous period of more than 2 weeks, either party may terminate the agreement between us by notice in writing to the other party whereupon the agreement between us will forthwith terminate.
14.9 You confirm that the email address you supply to the Company will remain valid for communications during the currency of the agreement between us and agree to furnish the Company with an alternative address if that email address becomes invalid.
15.Governing Law and Jurisdiction
15.1 These Terms and Conditions and the agreement between us and any dispute or claim arising out of or in connection with it will be governed by and construed in accordance with U.S. law.
15.2 The U.S. court will have exclusive jurisdiction to settle any dispute or claim arising out of these Terms and Conditions and the agreement between us.
