Menu

Enhance – Coaching Terms And Conditions

The Client is the individual being coached and, if applicable, the company being invoiced for the coaching services

The Coach is Emerson Nash Enhance Ltd and the professional coaches provided by Emerson Nash Enhance Ltd

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.

1) Coach-Client Relationship

  1. Coach agrees to maintain the ethics and standards of behaviour 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 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, nor its representatives, 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 subject to clause 8 and the appropriate notice period.
  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 as defined by the Royal College of Psychiatrists 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.

2) Services

The parties agree to engage in an agreed number of Coaching and/or Mentoring sessions via video call coaching sessions or face to face coaching sessions or a mixture of both. The number and type of each coaching session is stated on each invoice provided by the Coach to the Client.

Where agreed, a 3-way meeting of up to hour may be included at the start and end of the coaching programme. This will be confirmed on your invoice. Typically this meeting will be between the Coach, the Client (being coached) and a person representing the Client’s company (where they are paying the invoice)

The Client agrees that the Coaching Programme will be completed within nine months of the start date of this contract. Unused coaching sessions will be lost after this period finishes.

The Client may contact the Coach between sessions for short telephone calls or with emailed enquiries. Subject to the Coach’s discretion, the total contact outside Coaching Sessions will be limited to 15% of the total Coaching Session time.

3) Coaching Sessions

Coaching Sessions will occur as agreed between Coach and Client. Each of the Coaching Sessions shall be between 60 and 120 minutes in length, as specified on the invoice.

4) Schedule and Fees

This coaching agreement is valid from the date of the first invoice. The fee will be agreed in writing and stated on your invoice. All fees are payable in advance. VAT is excluded in the fee stated.

Invoices are payable within seven days of issuance or prior to the first coaching session, whichever occurs first. The Coach reserves the right to ensure any outstanding invoices are paid prior to the coaching services being performed.

Reasonably incurred expenses will be billed separately as incurred if applicable. E.g. travel or room booking costs

5) Procedure

The time of the Coaching Sessions will be determined by Coach and Client by mutual agreement.

The Client will initiate all scheduled calls and will call the Coach via Teams (or video call) at the agreed video call address provided by the Coach. If the Coach needs to change the meeting details for a scheduled call, the Client will be notified prior to the scheduled appointment time.

If a face to face coaching session, both parties will agree the location of the session in advance. Face to face coaching sessions are currently only provided in Central London.

After each Coaching Session, the Client is asked to provide a summary to the Coach in bullet point format of:

  1. What was discussed
  2. What learnings the Client has taken from the session
  3. What actions the Client has committed to, with their timeframes

This should be emailed to the coach. [The coach will be taking notes for their own records. This are not shared with the Client unless by prior agreement)

6) 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 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, 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.

 

7) Release of Information

The Coach engages in training and continuing education pursuing and/or maintaining 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 and/or 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 and/or consultation purposes.

8) Cancellation Policy

Client agrees that it is the Client’s responsibility to notify the Coach at least forty-eight (48) hours in advance of the scheduled calls/sessions if they are unable to attend a previously agreed coaching session. The Coach reserves the right to bill the Client for a missed session or a session cancelled within 48 hours of the original agreed time of the session.

Once a coaching programme has been invoiced and paid, any unused coaching sessions are non-refundable.

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 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.

10) 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.

13) 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 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 attorney’s fees and court costs from the other party.

14) Severability

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.

15) 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.

16) Applicable Law

This Agreement shall be governed and construed in accordance with the laws of the United Kingdom, without giving effect to any conflicts of law provisions.

17) Binding Effect

This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns upon written confirmation of this agreement’s acceptance or payment of our first invoice.