User Agreement for Performance Coach Services
At Clear Your Mind, we wish for you as a client to come prepared and take responsibility for your actions to achieve your absolute highest potential and your very highest quality of life. We also wish that you create enough time, energy, and resources to be able to perform the work optimally during the time we work together.
Coaching is a partnership where both of us, together, work towards the client's goals, creating the reality the client strives for.
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Description of Coaching:
Coaching is a partnership (defined as an alliance, not a legal business partnership) between the Coach and the Client in a thoughtful and creative process that inspires the client to maximize their personal and professional potential. It is designed to facilitate the creation/development of personal, professional, or business goals and to develop and implement a strategy/plan for achieving these goals.
The company shall provide Performance Coach services to the Client according to the agreed terms and within the agreed timeframe.
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Goals and Expectations:
The Client and the Company shall jointly establish specific goals and expectations for the coaching process. It is of utmost importance that both the Client and the Company are clear and realistic regarding the expectations set.
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Coach-Client Relationship:
As a Coach, I follow "the code of ethical practice" established by "the Association for Coaching (AC)".
The Coach agrees to maintain the ethics and standards of behavior set by the International Coach Federation "(ICF)" (Coachfederation.org/ethics). It is recommended that the Client reviews the ICF's code of ethics and applicable standards of behavior.
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The Client is solely responsible for creating and implementing their own physical, mental, and emotional well-being, decisions, choices, actions, and results arising from or as a result of the coaching relationship and his/her coaching conversations and interactions with the Coach. As such, the Client agrees that the Coach is not and will not be liable for any actions or failure to act, or for any direct or indirect result of any services provided by the Coach. The Client understands that coaching is not therapy and does not replace therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease.
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The Client acknowledges that coaching is a comprehensive process that may involve various areas of his/her life, including work, finances, health, relationships, education, and recreation. The Client agrees to decide how to handle these issues, incorporate coaching principles into these areas, and implement choices are solely the Client's responsibility.
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The Client acknowledges that coaching does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association and that coaching should not 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 the Client is currently under the care of a mental health professional, it is recommended that the Client promptly inform the mental health care provider about the nature and extent of the coaching relationship agreed upon by the Client and the Coach.
I intend to always be kind, caring, and show my best, most professional side as a coach, and I wish for the client to show the same respect in return.
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My focus and intention are for you as a client to have the best possible experience and achieve your absolute highest potential, perform at the top level, and I will do everything I can to help the client achieve that state.
The Client understands that 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 Client shall pay the agreed fee for the coaching services according to the agreed payment terms. All payments shall be due according to the agreement otherwise it may result in an interruption of the coaching services.
The parties agree to participate in a coaching program through personal meetings, internet, phone meetings, zoom meetings, and/or workshops. The Coach will be available to the client via email and voice message between scheduled meetings, the coach shall do their best to respond within a 24-hour period. The Coach may also be available for extra time, at the client's request on a pro-rata basis at a cost of 1900kr, including VAT (for example, review of documents, reading, or writing reports, participating in other client-related services outside coaching hours).
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Procedure:
Meetings will be scheduled on an ongoing basis and the meetings will be held over zoom or at Clear your mind's headquarters.
The time for coaching meetings and/or the place will be determined by the Coach and the Client based on a mutually agreed time.
Confidentiality:
Both the Client and the Company commit to treating all information exchanged during the coaching process confidentially. Neither party shall share, distribute, or use the information for any purpose other than the coaching without the explicit consent of the other party. In the case of suspicion of serious crimes, such as acts of terrorism, murder, or massacres, the company reserves the right to report the client. Apart from these exceptions, you can trust us to keep your information confidential.
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This coaching relationship, as well as all information (documented or verbal) shared by the client with the Coach as part of this relationship, is bound by the confidentiality principles set out in the ICF Code of Ethics. However, note that the Coach-Client relationship is not considered a legally confidential relationship (as with the medical and legal professions), and thus communications are not subject to protection under any legally recognized privilege. The Coach agrees not to disclose any information about 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.
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Confidential information does not include information that: (a) was in the Coach's possession before it was provided by the client; (b) is generally known to the public or within 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 the use of or reference to the client's confidential information; or (e) the Coach is obligated by law, legally issued subpoena, or by court order to disclose; (f) is disclosed to the Coach and as a result of such disclosure the Coach reasonably considers there to be an immediate or probable risk of harm or danger to the client or others; and (g) involves illegal activity. The client also acknowledges their ongoing obligation to raise any confidentiality concerns or issues with the Coach in a timely manner.
Cancellation Policy
Both parties have the right to terminate this agreement with written notice to the other party with appropriate warning as per the agreement.
The client further understands that they may terminate or discontinue the coaching relationship at any time without the right to a refund.
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Any cancellations or rescheduling of coaching sessions must be made with appropriate warning as per the established guidelines, typically 24 hours before the scheduled time. The client may be required to pay for sessions canceled without sufficient warning.
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Upon purchasing more sessions, longer programs, or workshops, the client may not claim a refund for unused sessions. Sessions are personal and cannot be transferred to other individuals. If the coaching sessions are not used within a three-year period, they will become unusable.
The client agrees that it is the client's responsibility to notify the Coach at least 24 hours in advance of the scheduled calls/meetings. The Coach reserves the right to charge the client for a missed meeting. The Coach will make a good faith effort to reschedule the missed meeting.
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GDPR Data Retention Policy
The client acknowledges that the Coach has informed about their policy for retaining documents, information, and data acquired or shared during the Coach-Client relationship. Such data will be retained by the Coach in a format of the Coach's choice (paper format or digital/electronic) for a period of not less than one year.
Termination
Either the client or the Coach may terminate this agreement at any time with one week's written notice.
The client agrees to compensate the Coach for all coaching services provided up to and including the date of termination of the coaching relationship.
Limited Liability
The client understands and agrees that coaching is a process aimed at supporting and guiding the Client to achieve their goals. The Company does not guarantee specific results and is not responsible for the decisions or actions taken by the Client as a result of the coaching. Coaching is not medical advice, and we at the company are not doctors.
Besides what is expressly stated in this agreement, the Coach makes no warranties, representations, or promises of any kind or nature, express or implied, with respect to the coaching services negotiated, agreed upon, and provided. Under no circumstances shall the Coach be liable to the client for any indirect, consequential, or special damages. Regardless of 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 provided up to and including the termination date.
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Entire Agreement
This document reflects the entire agreement between the Coach and the Client and represents a complete understanding of the parties regarding the subject matter. This agreement supersedes all prior written and oral representations. The agreement may not be amended or supplemented except in writing signed by both the Coach and the Client.
Dispute Resolution
Any disputes arising in connection with this agreement shall primarily be resolved through negotiations and cooperation between the parties. If the dispute cannot be resolved in this manner, it shall be referred to arbitration or court in accordance with Swedish law.
If a dispute arises out of this agreement that cannot be resolved through mutual consent
, the client and the Coach agree to attempt mediation in good faith for up to a certain period (such as 30 days) after notice is given. If the dispute is not resolved in this manner, and in the event of legal action, the prevailing party shall be entitled to recover attorney fees and court costs from the other party.
Severability
If any provision of this agreement is found to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this agreement is invalid or unenforceable, but 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.
Waiver
The failure of any 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.
Applicable Law
This agreement shall be governed by and construed in accordance with the laws of Sweden without giving effect to any principles of conflicts of law.
Disclaimer
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The content originating from clearyourmind.org is not exhaustive and does not cover all diseases, ailments, physical conditions, or their treatment.