Elation Master Your Mindset® Coaching Terms & Conditions
Coaching is relationship between the Coach and the Client in a designed to inspire the client to maximize personal and professional potential. It is intended to facilitate the creation/development of personal, professional or business goals and to develop and carry out a strategy/plan for achieving those goals.
- Coach-Client Relationship
- Coach agrees to maintain the ethics and standards of behavior 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 behavior.
- 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.
- Client further acknowledges that he/she may terminate or discontinue the coaching relationship at any time.
- 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.
- Client acknowledges that coaching does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association and that coaching is not to 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 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.
- 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.
The parties agree to engage in a scheduled Coaching Program through video conferencing, in-person, internet, and/or telephone meetings. Coach will be available to Client by e-mail and voicemail in between scheduled meetings as agreed upon by the Coach and Client beforehand. Coach may also be available for additional time, per Client’s request at the same hourly rate as the original agreement (for example, reviewing documents, reading or writing reports, engaging in other Client related services outside of coaching hours).
- Schedule and Fees
This coaching agreement is valid as of the date on which fees were paid. If rates change before this agreement has been signed and dated, the prevailing rates will apply. The refund policy in effect for the term of this Agreement is as follows: A prorata portion of the fee will be returned for unused coaching sessions as agreed upon by Coach and Client.
The time of the coaching meetings and/or location will be determined by Coach and Client based on a mutually agreed upon time. The Client will initiate all scheduled calls and will call the Coach at the agreed upon number for all scheduled meetings. If the Coach will be at any other number for a scheduled call, Client will be notified prior to the scheduled appointment time.
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, 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 Policy
Client agrees that it is the Client's responsibility to notify the Coach 24 hours in advance of the scheduled calls/meetings. Coach reserves the right to bill Client for a missed meeting. Coach will attempt in good faith to reschedule the missed meeting.
- Record Retention Policy
The Client acknowledges that the Coach has disclosed his/her record retention policy with respect to documents, information and data acquired or shared during the term of the Coach-Client relationship. Such records will be maintained by the Coach in a format of the Coach’s choice (print or digital/electronic) for a period of not less than 1 year.
Either the Client or the Coach may terminate this Agreement at any time with 3 weeks 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.
- 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.
- 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.
- 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.
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.
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.
- Applicable Law
This Agreement shall be governed and construed in accordance with the laws of the State of Wyoming, in the United States of America without giving effect to any conflicts of laws provision.
WEBSITE VISITORS AND APPLICATION USERS
Like most website operators, Elation collects non-personally-identifying information of the sort that web browsers and servers typically make available to website operators, such as the browser type, language preference, referring site, and the date and time of each visitor request. Elation’s purpose in collecting non-personally identifying information is to better understand how Elation’s visitors use its website and smart device applications. From time to time, Elation may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website and smart device applications.
Elation also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users providing feedback or requesting support. Elation only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below.
COLLECTION OF PERSONALLY-IDENTIFYING INFORMATION
Certain visitors to Elation’s websites and smart phone applications choose to interact with Elation in ways that require Elation to gather and share personally-identifying information. The amount and type of information that Elation gathers depends on the nature of the interaction. For example, we ask users who sign up for Edagio to provide a username, password and email address. Those who engage in transactions with Elation – by purchasing a site license, for example – are asked to provide additional information, including as necessary the personal and financial information required to process those transactions.
There are users that will sign into Elation’s websites and smart phone applications using third party authentication (oAuth ). When using such authentication, personal profile information is shared with the host of a presentation. Users may elect to keep their personal profile information private, and doing so may prevent their use of some features of Elation websites and smart device applications.
Elation collects personally-identifying information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with Elation and the specific user communities the user chooses to become a member of . Elation does not disclose personally-identifying information other than as described below and visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website or smart device application related activities.
Elation may collect and share publicly aggregated statistics about the number and behavior of visitors to its websites and users of its smart device applications. Elation may also supply publicly the number of users belonging to a particular group, the number of downloads of an application, usage information, content viewing information, voting information related to content and inactivity information. However, Elation does not disclose personally-identifying information other than as described below.
PROTECTION OF CERTAIN PERSONALLY-IDENTIFYING INFORMATION
Elation discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Elation’s behalf or to provide services available at Elation’s websites or within Elation’s smart device applications, and (ii) that have agreed not to disclose it to others except as necessary to fulfill their obligations to us and then only under the same conditions as they have agreed to with us . Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using Elation’s websites, you consent to the transfer of such information to them. Elation will not rent or sell potentially personally-identifying and personally-identifying information to anyone.
Other than to its employees, contractors and affiliated organizations, as described above, Elation discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental mandate, or when Elation believes in good faith that disclosure is reasonably necessary to protect the property or rights of Elation, third parties or the public at large. If you are a registered user of an Elation website or smart device application and have supplied your email address, Elation may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with Elation and our products. We primarily use our various products, websites and smart phone applications to communicate this type of information, so we expect to keep this type of email to a minimum. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Elation takes all measures commercially reasonable necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
If Elation, or substantially all of its assets, were acquired, or in the unlikely event that Elation goes out of business or enters bankruptcy, user information would be one of the assets that could be transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Elation may continue to use your personal information as set forth in this policy.
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