Encore Explorer Coaching Agreement
This Agreement is entered into by and between you (“Client”) and Encore Explorer, LLC (“Coach”).
BY CLICKING AGREE, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS. This Agreement is valid as of the date Client clicks to agree to sign up for the coaching session.
Coach agrees to provide Coaching Services for Client.
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.
Coach-Client Relationship
While Coach is not an ICF member, 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 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 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 they 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.
Services
The parties agree to engage in a Coaching Program as described in the Coach’s proposal sent to Client via email, which includes the fees, number of meetings, duration of the engagement, and method of engagement (e.g., in person, phone, internet). Coach will be available to Client by e-mail and voicemail in between scheduled meetings as defined by the Coach in the proposal. Coach may also be available for additional time, per Client’s request on a prorated basis rate as mentioned in the proposal (for example, reviewing documents, reading or writing reports, engaging in other Client related services outside of coaching hours).
3. Procedure
The time and location of the coaching meetings will be determined by Coach and Client based on a mutually agreed upon time. Coaching will generally happen via Zoom, unless otherwise agreed in advance by the Coach.
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 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 is not acting as an attorney in this engagement. 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.
5. Release of Information
The Coach engages in training for pursuing ICF (International Coach Federation) Credentials. That process requires the names and contact information of all Clients for possible verification by 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, the Hudson Institute, and other parties involved in this process for the sole and necessary purpose of verifying the coaching relationship, no personal notes will be shared.
According to the ethics of our profession, topics may be anonymously and hypothetically shared with other coaching professionals for training, supervision, mentoring, evaluation, and for coach professional development or consultation purposes.
As Coach is in a training program, from time to time a video session may be recorded. It will only be recorded with Client’s written consent, and Coach will share the purpose and record retention policy before recording any session.
6. Cancellation Policy
Client agrees that it is the Client's responsibility to notify the Coach 24 hours in advance of the scheduled calls/meetings if they need to reschedule. Coach reserves the right to bill Client for any meeting canceled with less than 24 hours’ notice. Coach will attempt in good faith to reschedule the missed meeting if provided 24 hours’ notice.
7. Record Retention Policy
The Client acknowledges that the Coach has disclosed her record retention policy with respect to documents, information and data acquired or shared during the term of the Coach-Client relationship. Such records will be maintained by the Coach in a format of the Coach’s choice (print or digital/electronic) for a period of not less than one year.
8. Termination
Either the Client or the Coach may terminate this Agreement at any time. If this happens, Client will be entitled to a pro-rated refund for the sessions not yet used minus any expenses for assessment tools or other costs for Coach (for example, if a five-month engagement and cancelled halfway, Client will receive a refund of 50% of fees, less any of Coach’s direct expenses). Client may pause the engagement at any time and restart within the following 12 months, subject to Coach’s availability.
9. 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 will 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, will 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.
10. Entire Agreement
This document, including the Coach’s proposal referenced above and sent to the Client via email, reflects the entire agreement between the Coach and the Client (the “Agreement”), 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.
11. 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 90 days after notice given.
12. Severability
If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will 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 will be deemed to be written, construed, and enforced as so limited.
13. Waiver
The failure of either party to enforce any provision of this Agreement will 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.
14. Applicable Law
This Agreement will be governed and construed in accordance with the laws of the State of Washington, without giving effect to any conflicts of laws provisions.