Terms and Conditions
All Clients will receive a copy of these terms and conditions prior to starting a coaching package and are requested to read and sign the copy.
This Agreement (the “Agreement”) is made as of [Date], by and between [Name] (the “Client”), and Beyond Limits Consulting LLC, (the "Coach”).
1. Consulting Relationship.
During the term of this Agreement, the Coach will provide coaching services to the Client as described in this agreement hereto (the “Services”). The Coach shall use her best efforts to perform the Services such that the results are satisfactory to the Client.
As consideration for the Services to be provided by the Coach and other obligations, the Client shall pay to the Coach the amounts specified in this agreement hereto at the times specified therein.
3. Term and Termination.
The Coach shall serve as a coach to the Client for a period commencing from the agreed first session and terminating at the specified time in accordance with this contract.
Notwithstanding the above, either party may terminate this Agreement at any time upon two business days’ written notice. In the event of such termination, the Coach shall be paid for any portion of the Services that have been performed prior to the termination.
Should either party default in the performance of this Agreement or materially breach any of its obligations under this Agreement, the non-breaching party may terminate this Agreement immediately if the breaching party fails to cure the breach within 10 business days after having received written notice by the non-breaching party of the breach or default.
The Coach has a 48-hour cancellation policy. If an appointment needs to be canceled or rescheduled and it is within less than 48 hours notice, or an appointment is missed, the Coach does not guarantee that the session can be rescheduled.
If the Client is late to join a session, that session will still need to end at the scheduled time.
4. Independent Contractor.
The Coach's relationship with the Client will be that of an independent contractor and not that of an employee.
5. Method of Provision of Services.
The Coach shall be solely responsible for determining the method, details and means of performing the Services.
6. Confidentiality Agreement.
What the Client discusses with the Coach is confidential in line with the Global Code of Ethics. The Coach will not discuss the content of any conversations with any other person, except as required by law. The Coach may encourage the Client to share key learning with their manager, friends or family (and, in some cases, other relevant stakeholders) as appropriate. This is the Client's choice. The Client is free to discuss their coaching experience with anyone they choose.
The Coach represents and warrants that the Coach’s performance of all the terms of this Agreement will not breach any agreement to keep in confidence proprietary information acquired by the Coach in confidence or in trust prior to commencement of this Agreement.
7. Limits on Services.
The purpose of coaching is to help clients think more broadly and deeply, assist in growth, and help keep clients on track toward goals defined by the Client.
The Coach will not offer the Client any specific advice on what to do or not do in professional and personal areas, nor should the Client rely on the Coach for any such advice.
The Coach is not acting as a therapist, counselor or any kind of mental health professional.
Coaching does not focus on therapeutic issues, nor does it involve the diagnosis or treatment of mental disorders.
The value of coaching greatly depends on how open the client is to the process and what they put into it. The Coach cannot deliver a coaching outcome to a Client. Hence, the Client's own involvement will determine much of the success of the engagement.
8.1 Amendments and Waivers. Any term of this Agreement may be amended or waived only with the written consent of the Client.
8.2 Sole Agreement. This Agreement, constitutes the sole agreement of the parties and supersedes all oral negotiations and prior writings with respect to the subject matter hereof.
8.3 Notices. Any notice required or permitted by this Agreement shall be in writing and shall be deemed sufficient upon delivery, by email.
8.4 Choice of Law. The validity, interpretation, construction and performance of this Agreement shall be governed by the laws of the United States of America, without giving effect to the principles of conflict of laws.
8.5 Severability. If one or more provisions of this Agreement are held to be unenforceable under applicable law, the parties agree to renegotiate such provision in good faith. In the event that the parties cannot reach a mutually agreeable and enforceable replacement for such provision, then (i) such provision shall be excluded from this Agreement, (ii) the balance of the Agreement shall be interpreted as if such provision were so excluded and (iii) the balance of the Agreement shall be enforceable in accordance with its terms.
8.6 Advice of Counsel. EACH PARTY ACKNOWLEDGES THAT, IN EXECUTING THIS AGREEMENT, SUCH PARTY HAS HAD THE OPPORTUNITY TO SEEK THE ADVICE OF INDEPENDENT LEGAL COUNSEL, AND HAS READ AND UNDERSTOOD ALL OF THE TERMS AND PROVISIONS OF THIS AGREEMENT. THIS AGREEMENT SHALL NOT BE CONSTRUED AGAINST ANY PARTY BY REASON OF THE DRAFTING OR PREPARATION HEREOF.
I have read all of the terms described above, and have had the opportunity to address any questions I have about them. I understand and agree with the Coach's engagement structure, policies and terms. I understand that my decisions are my own to make and that the Coach will not be giving my specific advice on what to do or not to do regarding personal or professional questions. I will not hold the Coach or Beyond Limits Consulting LLC responsible for any decisions that I make or do not make that can be construed as arising out of this coaching engagement.
The parties have executed this Agreement as of the date signed on the next page.