Coaching Agreement, Terms & Conditions
This agreement applies to all coaching, whether online or in person. Your coach will go over the important elements of this agreement in your first session, but please take the time to read it. This agreement helps us be sure that we are clear about our roles as we work together.
What is Coaching?
Coaching is a partnership (not a legal business partnership, but an "alliance") between the Coach and the Client in a thought-provoking and creative process that inspires the client to reach their full potential. It is designed to facilitate the creation and development of life goals, whether at work or home; further, it facilitates the creation and implementation of strategies and plans to reach those goals.
By purchasing any product or service from Messy Desk Consulting, you agree and acknowledge that the coach is not a counselor, therapist, or mental health professional and that coaching is not therapy, does not substitute for therapy, and does not prevent, cure, or treat any mental disorder or medical disease.
Your coach will support you in achieving your unique results and desired outcomes.
You are responsible for all change in your life.
Your coach will work with you to identify appropriate strategies and will offer suggestions, options and advice.
In order to reach your identified goals, you and your coach will create a plan of action to be accomplished between coaching sessions and long-term
You choose your courses of action and accept full responsibility for all of your own decisions.
You and your coach agree to communicate honestly with one another, trusting in the confidential nature of this relationship.
The lawyer's version of this: Client is solely responsible for creating and implementing their own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the coaching relationship 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.
Show up. Be present in sessions, on time. If time management is a problem for you, as it is for many Messy Desk clients, create a plan with your coach to address the issue and its consequences, or try an asynchronous coaching model.
Participate in the process. Try to do what you say you are going to. Reflect on the work you are doing (or not doing) and what roadblocks are impeding your progress.
In order for coaching to be most effective, you must communicate honestly, be open to feedback and assistance, and devote time and energy to the process.
Your coach will not disclose any personal identifiable information about you without your written consent. Contact information is never knowingly sold or shared with third parties.
Your coach will not discuss your coaching with anyone associated with you without your written consent.
However, be aware that the Coach-Client relationship is not a legally confidential relationship (unlike medical, mental health, or legal relationships). If a court of law or other legal entity requests information, Messy Desk will be required to give it; similarly, if you indicate that you are intending harm to yourself or others, your coach will contact the authorities.
In order to better help you, your coach may consult with other professionals about your coaching. Again, no identifiable information will be shared.
Your coach may ask for testimonials or other information from your coaching to be shared publicly. You may refuse to do so at any time.
Coaching sessions are scheduled in advance through the online booking system or a direct agreement between you and your coach. Unscheduled text and email coaching is available under certain contracts.
For contracts that include text and/or email coaching, the coach will respond to your messages as soon as possible, but no longer than 24 hours after receipt of your message, unless she has made prior arrangements with you.
If for any reason you cannot attend a scheduled coaching session you are responsible for informing your coach at least 24 hours in advance. You are responsible for rescheduling via text or email. Your coach reserves the right to charge you for an appointment missed without prior notice or when it is part of an ongoing pattern.
Ending the Coaching Relationship
If, at any time, you feel that coaching services are not benefiting you, you may initiate a discussion with your coach to end the relationship. If you do not wish to initiate that discussion, you may cancel a package by notifying the coach in writing at least one week prior to your next appointment, including the reason for your cancellation. Your cancellation will be effective on the postmarked or email date of your written notification, and you will be responsible for charges up to and including that date, unless covered by a refund offer.
When you cancel, note the specific package details on the purchase page. No refunds beyond purchase page limitations will be given (usually most recent month, if dissatisfied). If you are enrolled in coaching for a specific period of time and stop using the service, but do not formally cancel, you will not receive a refund.
Your coach may also initiate a discussion to end your relationship if she feels you are not benefiting from the service, or if you have defaulted on payment. If this happens, you will receive a refund for any paid for but unused future services. If you wish to continue services, please engage fully in this dialog.
If you fail to make a payment, scheduled coaching session(s) will be postponed until payment is received. Insufficient fund responses or credit card decline may result in a penalty from our processing company. Bounced checks will be charged a $25 processing fee.
All resources provided to you in this coaching are subject to copyright and other intellectual property rights. Unless an item is specifically designated with Creative Commons license or credit is given elsewhere, all materials are owned by Messy Desk Consulting and Marie Jones. Do not record, use, alter, reproduce, or otherwise share without explicit written permission. The only exception to this rule is recording individual phone/conference/face-to-face coaching sessions, which must be approved verbally by all participants.
Limited Liability & Dispute Resolution
More lawyer language: 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. I
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.