Coaching - Terms & Conditions

As at November 2023

For the purposes of this agreement, the International Coaching Federation (ICF) defines coaching as: “a 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.”

1.      Responsibilities
1.1.     COACH

1.1.1.     Coach will maintain the ethics and standards of professional behaviour established by the International Coach Federation (ICF).  The ICF Code of Ethics is available here: https://coachfederation.org/code-of-ethics. 

1.1.2.    Coach is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any coaching services provided.

1.1.3.   Coach will keep all information and records confidential, to the extent defined by the laws of the state/country in which Coach and Client reside.  

1.1.4.   Coach will not disclose any information pertaining to the Client without the Client’s written consent, nor shall Coach disclose the Client’s name as a reference without the Client’s consent.

1.1.5.   Coach is obliged notify appropriate mental health professionals and/or authorities if Client represents a danger to self or others; and Coach may be a mandated reporter of child and/or elder abuse.

1.1.6.   Coach may share topics with other coaching professionals for training, supervision, and mentoring for professional development purposes without divulging any identifying Client information.

1.2.    CLIENT

1.2.1.    Client is responsible for personal, physical, mental, and emotional well-being and is solely responsible for decisions, choices, actions, and results.

1.2.2.  Client agrees to inform Coach of past or current mental health or substance abuse conditions, including concurrent treatment with other professionals. 

2.      Services
2.1.   The duration, time, format and location of sessions will be determined by Coach and Client in advance.

2.2.   The Coach will initiate any scheduled calls or online sessions and will call the Client at the agreed time and on the provided mobile number or platform.  Reasonable efforts will be made to provide services via an alternative method should a digital platform fail during the session.

3.     Cancellation & Refund Policy
It is the Client's responsibility to notify the Coach at least 24 hours in advance of the scheduled session should cancellation occur. Coach reserves the right to bill Client for the full amount of a missed session if adequate notice is not given. 

Australian Consumer Rights are upheld as part of this agreement.

4.    Confidentiality 
4.1.    This coaching relationship, as well as all information (documented or verbal) that the Client shares with the Coach, 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. 

4.2.   Confidential Information does not include information that: (a) was in the Coach’s possession prior to it 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. 

4.3.   The Client also acknowledges their continuing obligation to raise any confidentiality questions or concerns with the Coach in a timely manner.  

5.     Termination
Either party may terminate this Agreement at any time with 7 days written notice. Client agrees to compensate the Coach for all coaching services rendered through and including the effective date of termination of the coaching relationship. 

6.     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 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 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.  

7.     Entire Agreement
This document 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.

8.     Waiver
 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.

9.     Applicable Law
 This Agreement shall be governed and construed in accordance with the laws of the State of South Australia without giving effect to any conflicts of law provisions.