PERFECTLY AMBITIOUS COACHING TERMS & CONDITIONS
Last Updated on 3rd January 2023.
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Coaching is a collaborative process with an ongoing relationship between the Client and Coach. The coaching experience supports the Client in establishing new behaviors and cultivating their personal, professional, and/or business goals. The coaching relationship is strengths-based, forward-looking, and collaborative. The coaching agenda is developed and implemented in partnership between the Client and Coach.
The Client and Coach agree to engage fully in the coaching experience.
The Client recognizes that coaching is not treatment, diagnosing, counseling, or consulting. Coaching is not a substitute for therapy, if needed.
The Client understands that coaching is not a legal partnership, but instead an alliance.
The Client agrees to communicate honestly and to be open to feedback and suggestions.
The Client acknowledges and agrees that coaching is a comprehensive process that may explore different areas of his/her life, including work, finance, health, and relationships, but it is ultimately the Client's decision how he/she incorporates coaching into each aspect of life.
The Client is solely responsible for implementing the techniques discovered through coaching.
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By entering into this relationship, the Client and Coach acknowledge that the Client desires to make a behavioral change or some type of improvement in his or her life. Behavioral change often takes time to implement and sustain. The pace of change is uncertain and varies amongst individuals. As such, the Client and Coach agree to a minimum of a 3-month relationship.
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The Coach agrees to keep all conversations and information with the Client private and confidential, as allowable by law. No personal information will be shared with anyone without the Client’s express permission. The Coach will not disclose the Client’s name as a reference without the Clients consent. Confidential information does not include information that:
Was in the Coach’s possession prior to its being furnished by the Client
Is generally known to the public or in the Client’s industry
Is obtained by the Coach from a third party without breach of any obligation to the Client
Is independently developed by the Coach without use of or reference to the Client’s confidential information
That the Coach is required by statute, lawfully issued subpoena, or by court order to disclose
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 involves illegal activity
BE ADVISED: The Coach-Client relationship is not a relationship protected by legal confidentiality (like doctor-patient or attorney-client). As such, the Coach would be required to divulge otherwise confidential information to authorities when necessary.
The Client acknowledges that it is his or her continuing obligation to raise any confidentiality questions or concerns with the Coach in a timely manner.
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The Premium Coaching Package:
The Client and Coach agree to engage in 12 sessions over the course of 12 weeks for 30-60 minutes each. The Coach will be available to the Client by e-mail and Voxer between scheduled meetings. The Client understands that the Coach will respond within 24 hours between regular business hours Monday through Friday. The Coach may also be available for additional time, per the Client’s request on a prorated basis rate of $100/hour.
The Elite Coaching Package:
The Client and Coach agree to engage in six sessions over the course of 12 weeks for 30-60 minutes each. The Coach will be available to the Client by e-mail and Voxer between scheduled meetings. The Client understands that the Coach will respond within 24 hours between regular business hours Monday through Friday. The Coach may also be available for additional time, per the Client’s request on a prorated basis rate of $100/hour.
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Coaching sessions may occur in person, by phone, through video conference, or over email, depending on the venue that works best for the Client and what coaching package is selected. The time of the coaching sessions and/or location will be determined by Client and Coach based on mutually agreed upon time.
The Coach and Client agree to adhere to established appointment times.
The Client agrees to cancel or reschedule an appointment at least 24 hours in advance. Once informed the Coach will provide the client with their Calendly link to reschedule within a week of the originally scheduled date.
The Client and Coach agree to begin and finish all appointments on time.
If the Client is more than 15 minutes late to an appointment, it will be assumed that the appointment is canceled. The Client will forfeit that meeting time. Coach may attempt in good faith to reschedule the missed meeting.
If the Coach is more than 15 minutes late to an appointment, it will be assumed that the appointment is cancelled. The Coach will then reschedule with the client and the the Client will not be held responsible for the missed meeting.
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As outlined above in the section titled “What is the coaching commitment,” there will be a 3-month commitment minimum from the Client. The Coaching Agreement is valid as of the first scheduled session after payment.
The fee is dependent on the coaching package selected and paid in advance of sessions and/or paid per month based upon a committed schedule. Payment is due the same day of each month. (These fees may be tax deductible as a business expense, please check with your tax advisor). Fees will be paid via ConvertKit / Stripe prior to the initial coaching session.
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Coach retains the ownership of its copyright in any and all resources pursuant to federal copyright law (Chapter 17, Section 201-02, of the United States Code.) Any and all work produced in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by the Coach. The Coach grants the Client a nontransferable, non-exclusive, royalty-free license of resources produced with and for Client while fulfilling this Agreement.
Any unauthorized use of the resources, such as using them for other purposes than those specified herein, will result in additional fees and/or royalty payments to the Coach. Parties own their respective trademarks and intellectual property used in the normal and separate course of their business and agree not to infringe upon or otherwise use each other’s respective intellectual property except for in the course of providing Client with its Services.
The Client may not share or reproduce any coaching strategies or resources that came from the Coach during the fulfillment of this Agreement; and the Coach does not own the right to any products or courses that the Client creates during the fulfillment of this Agreement.
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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 in direct, consequential, or special damages. Notwithstanding any damages the Client may incur, the Coaches 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. The Client agrees that the Coach is not liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by the Coach.
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Either the Client or the Coach may terminate this agreement at any time with written notice.
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The Client’s purchase of coaching packages or sessions indicates their commitment to participate in the process and follow through to its conclusion. However, the Coach also understands that unexpected events can happen.
In general, these guidelines apply for coaching refunds and cancellations:
After the Coaching program has begun, any unused session will not be refunded, but may be rescheduled for up to 12 months after the initial payment.
Refunds requested in writing prior to the beginning of the Coaching program will be given in full, less a $150 administration fee + any processing fees.
All unused sessions expire 12 months after initial payment. Unused Coaching sessions may be transferable provided the new Client is ready and willing to actively participate in the Coaching program.
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This document (web page) 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.
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Parties shall provide effective notice (“Notice”) to each other, including any payments or invoices, via either of the following methods of delivery at the date and time which the Notice is sent:
Email:Ivy@ivycirillo.com
Mail:
3100 SE Federal Highway #1014 Stuart, FL 34994
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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 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 it’s legal fees, including, but not limited to attorney’s fees and court costs from the other party.
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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.
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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.
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This Agreement shall be governed and construed in accordance with the laws of the state where both Parties reside, without giving effect to any conflicts of law’s provisions. If the Parties reside in different states, this Agreement shall be governed and construed in accordance with the laws of the State of Florida, without giving effect to any conflicts of law’s provisions.
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The Agreement is legal and binding between the Parties as stated above. This Agreement may be entered into and is legal and binding both in the United States and throughout Europe. The parties represent that they have the authority to enter into this Agreement.