Coaching Terms

These Terms and Conditions (T&Cs) are entered into by and between: Gemma Donnelly and the Client, whereby Gemma Donnelly agrees to provide Coaching Services for the Client focusing on the topics discussed during the consultation.

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 maximise personal and professional potential. It is designed to facilitate the creation/development of personal, professional or business ideas and goals. 

Coach-Client Relationship

1.    Coach agrees to maintain the ethics and standards of behaviour established by the International Coach Federation “(ICF)” (coachfederation.org/icf-ethics). It is recommended that the Client review the ICF Code of Ethics and the applicable standards of behaviour.

2.    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.

3.    Client further acknowledges that he/she may terminate or discontinue the coaching relationship at any time.

4.    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.

5.    Client acknowledges that coaching does not involve the diagnosis or treatment of mental disorders and that coaching is not to be used as a substitute for counselling, 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.

6.    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.

7.    Client understands the Coach is not a psychiatrist and is not a medical practitioner.

Services

The parties agree to engage in services agreed between the Coach and Client during the consultation.

Coach will be available to Client within each scheduled Coaching Session.

The Client will be presented with the option to continue the coaching relationship following the end of agreed services, for an agreed upon fee, and is fully at the client’s discretion whether to continue and extend the Coaching Agreement.  

Schedule and Fees

The fee shall be as agreed within the email/consultation between the Client and Consultant and shall be due at the time of booking & in advance of the first session. If for any reason, the Client has not duly paid the fee, the Coach has the right to delay the provision of the Services until the fee has been paid. 

If rates change before this agreement has been signed and dated, the prevailing rates will apply. 

The coaching program is non-refundable, except in the case of extenuating circumstances that prevent the Client from being able to complete the program. Should such an issue arise, the Client should inform the Coach immediately with disclosure of the matter and the final decision whether to issue a refund is at the reasonable discretion of the coach.  

Procedure

The time of the online coaching meetings will be determined by Coach and Client based on a mutually agreed upon time. The Client will initiate all scheduled calls and will use the link to the Coach’s calendar to book the sessions. If the Client needs to cancel or reschedule an already scheduled meeting, they agree to do so using the online booking system, and to inform the Coach of the changed session via email. The Coach will endeavour to find available time slots to fit the Client’s timezone and schedule.  

Confidentiality

This coaching relationship, as well as any information (documented or verbal) that the Client shares with the Coach and the Coach shares with the Client as part of this relationship, is strictly confidential. Sessions are not to be recorded. 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.

Cancellation & Rescheduling Policy

Client agrees that it is the Client’s responsibility to cancel the Coaching Session 24 hours out from the original scheduled time. Coach reserves the right to retain her fee for a Coaching Session missed by the Client or cancelled less than 24 hours of the original scheduled time.

Coaching Sessions can be rescheduled for free up to 24 hours before the original scheduled time.

Limited Liability

Except as expressly provided in these T&Cs, 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 these T&Cs, and the Client’s exclusive remedy, shall be limited to the amount actually paid by the Client to the Coach under these T&Cs for all coaching services rendered through and including any termination date.

Entire T&Cs

This document reflects the entire T&Cs between the Coach and the Client, and reflects a complete understanding of the parties with respect to the subject matter. These T&Cs supersede all prior written and oral representations. These T&Cs may not be amended, altered or supplemented except in writing signed by both the Coach and the Client.

Severability

If any provision of these T&Cs 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 in these T&Cs 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.

Waiver

The failure of either party to enforce any provision in these T&Cs 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 these T&Cs.

Applicable Law

These T&Cs shall be governed and construed in accordance with the laws of England and Wales, without giving effect to any conflicts of laws provisions.

SIGNED: Gemma Donnelly (Coach)

DATE: 24 April 2024