Group Coaching is a partnership (defined as an alliance, not a legal business partnership) between the Coach and the Participants designed to create a thought-provoking and creative process that inspires the Participants to maximize professional potential.
- Coach agrees to maintain the ethics and standards of behavior set by the International Coach Federation “(ICF)”.
- Coach agrees to provide advice, recommendations, and guidance and will assist each Participant in setting goals. However, Coach is not responsible for, and does not guarantee, any particular goal, result, or outcome. Due to the nature of the coaching relationship, the results experienced by different Participants in Group Coaching programs may vary dramatically.
- Each Participant is solely responsible for creating and implementing their own physical, mental and emotional well-being, decisions, choices, actions and results. As such, the Coach and each Participant agrees that the Coach is not and will not be liable for any actions or inaction of Participants, interactions among Participants, or any other direct or indirect result of any services provided by the Coach.
- Each Participant certifies that they do not suffer from any physical or mental disability that may affect their participation in Group Coaching or the coaching process in general, and if they have any substance abuse problem or mental illness, have consulted with their physical and other health care professional and been advised that they may participate in the Group Coaching program without risk.
- Each Participant agrees that if there is any change in this representation, they will promptly advise the Coach.
- Coach shall select individuals to participate in a particular Group Coaching program and/or make changes to the group based on a variety of factors including, but not limited to, the goals or focus areas of the particular Group Coaching program and - Coach’s ethical and professional judgment. Participant selections shall not be made in any manner that is discriminatory, harassing, or otherwise in violation of applicable laws or ethical standards.
- Participants are responsible for conducting themselves in a professional and cooperative manner. Conduct that is abusive or harassing will not be tolerated and may result in the termination of this Agreement with respect to such Participant without refund.
- Should a Participant or Coach believe that the Group Coaching program is not working as desired, this will be immediately communicated to the other party so that all sides may take action to remedy the situation.
The coaching relationship that exists during Group Coaching is not perpetual and nothing stated herein shall obligate Coach to continue providing coaching services to any Participant beyond the duration and schedule of the Group Coaching program defined herein.
The Group Coaching Program consists of 10, 60-minute sessions that will be conducted over a virtual platform. The sessions will be scheduled and facilitated live by a Certified Coach. The Group Program is an investment of four thousand seven hundred fifty dollars ($4,750.00) or 3 monthly payments on auto draft at one thousand seven hundred and fifty dollars ($1,750) and must be paid prior to attending the first Group Coaching session.
It is the Participant’s responsibility to ensure their availability for scheduled Group Coaching sessions and complete the Group Coaching program. Refunds will not be provided for missed sessions, early withdrawal or termination of this Agreement, except as agreed upon by Coach in Coach’s sole discretion. In the event a Participant cannot attend a scheduled Group Coaching session, they will be provided access to the session recordings.
Participation in Group Coaching creates a coaching relationship between each Participant and Coach and also creates a relationship of trust between each Participant. As part of the coaching relationship, Coach is bound to confidentiality by the ICF Code of Ethics and will not disclose to any other party or third-party information disclosed by Participants during a Group Coaching session, except as otherwise set forth in this Agreement. In addition, each Participant agrees to treat information shared by Coach or other Participants during a Group Coaching session as confidential and agrees not to disclose such information to any other party or third-party. However, the coaching relationship is not considered a privileged relationship (like in Medicine or Law), therefore, the Coach or any Participant could be compelled by law to share information disclosed during a Group Coaching session. Notwithstanding the foregoing, confidential information does not include information that: (a) was in the Coach’s possession prior to its being furnished by the Participant; (b) is generally known to the public or in the Coach’s or Participant’s industry; (c) is obtained by the Coach from a third party, without breach of any obligation to the Participant; (d) is independently developed by the Coach without use of or reference to Participant’s confidential information; or (e) that the Coach is required by law to disclose. Coach and each Participant further agree not to make, publish, provide or disseminate any negative, disparaging or defamatory statements, reviews, comments or information regarding each other, including verbal statements and statements in print or intent, which is intended or would reasonably be expected to lead to unwanted or unfavorable publicity, but shall be able to provide truthful testimony in response to any lawful subpoena and as otherwise required by law. Coach and each Participant hereby acknowledge that the breach of this confidentiality and non-disparagement provision would cause harm for which monetary damages may not be able to compensate. Accordingly, in addition to any other remedies available at law or equity, the non-breaching party may be entitled to injunctive relief.
Each Participant understands and acknowledges that the coaching relationship that exists during the Group Coaching program is not exclusive and therefore, Coach may perform coaching services for other individuals, groups, or third parties who may have personal or business relationships with a Participant(s). However, Coach shall, at all times, strictly adhere to the confidentiality requirements described in this Agreement.
Each Participant acknowledges and agrees that coaching sessions may be recorded and Coach may use, refer to, and disclose anonymized information obtained during assessments and coaching sessions (collectively, the “Anonymized Client Information”) to create other educational or marketing materials, publications or content (including, but not limited to, seminar content, website content, internet posts, or blogs). Any such use shall not include any confidential business or financial information or personally identifiable information about any Participant, including, but not limited to, Participants’ names, addresses, telephone numbers, or any other information likely to identify the Participant. Participants shall not be entitled to any notice, approval, compensation or fees for Coach’s use of any Anonymized Client Information.
The coaching relationship consists solely of education and support. The Group Coaching program is not mental health therapy or a medical treatment and therefore, does not include any psychiatric, psychological, or other medical diagnosis, therapy, or treatment. COACH IS NOT A LICENSED ACCOUNTANT, FINANCIAL ADVISOR, ATTORNEY, PSYCHIATRIST, PSYCHOLOGIST OR HEALTH CARE PRACTITIONER AND THEREFORE, NEITHER COACHING NOR PARTICIPATION IN THE GROUP COACHING PROGRAM IS A SUBSTITUTE FOR PROFESSIONAL ADVICE.
During the coaching relationship, Participants may have access to Coach’s confidential and proprietary techniques, processes, procedures, methods, know-how, strategies, or other intellectual property of Coach (collectively “Intellectual Property”). Participants acknowledge that: (i) Coach is the author and owner of all copyrights in and to the Intellectual Property and retains all ownership rights and interest in the Intellectual Property; (ii) the Intellectual Property is not a “work for hire” even if such Intellectual Property includes, is based on, or is inspired by information provided by Participant; and (iii) no license or right is granted to Participant to reproduce, publish, sell, or disclose Intellectual Property. Participants may not, directly or indirectly, use the Intellectual Property for any purpose other than their personal benefit in connection with the Group Coaching program.
Coach may communicate with Participants via facsimile, mobile telephone, and e-mail at the addresses and phone numbers provided by each Participant. Coach assumes that third parties (i.e. coworkers, employers, or family members) do not have access to the addresses or numbers provided as potentially confidential correspondence from Coach may be sent to that address. Coach may also retain documents relating to Participants and/or Group Coaching sessions, including session notes, in electronic format and such documents may be stored on third-party applications or servers. Participants hereby acknowledge that no form of electronic communication or storage is without risk of improper interception and consents to the use of technology described in this Section despite the inherent risks, including but not limited to, data security breaches.
Each Participant hereby assigns all of their rights, title and interest in the Anonymized Client Information to Coach and hereby irrevocably waives, releases, and discharges Coach and its officers, employees, and agents, from any and all claims, demands, causes of action, losses, damages, costs, expenses, or liabilities of any or nature whatsoever, in law, equity or otherwise, that Participant had, now has, or may have in the future for defamation, invasion of privacy, or infringement of Participant’s right to publicity, in connection with the Group Coaching program or Coach’s use of Anonymized Client Information.
COACH MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE GROUP COACHING PROGRAM OR SERVICES PROVIDED UNDER THIS AGREEMENT. PARTICIPANTS ACCEPT ALL RISKS, WHETHER OR NOT FORESEEABLE, ARISING FROM THEIR PARTICIPATION IN THE GROUP COACHING PROGRAM, INCLUDING ANY ACTIONS TAKEN OR FORGONE OR DECISIONS MADE BY PARTICIPANT AS A RESULT OF THE GROUP COACHING SESSION. IN NO EVENT WILL PARTICIPANT OR THEIR BENEFICIARIES, AGENTS, OR REPRESENTATIVES BE ENTITLED TO ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, ARISING FROM OR CONNECTED WITH THE GROUP COACHING PROGRAM OR THE SERVICES PROVIDED HEREUNDER. EACH PARTICIPANT’S EXCLUSIVE REMEDY FOR ANY DAMAGES RESULTING FROM OR CONNECTED WITH THE GROUP COACHING PROGRAM OR SERVICES PROVIDED UNDER THIS AGREEMENT, WILL BE LIMITED TO THE AMOUNT PAID BY SUCH PARTICIPANT TO THE COACH FOR THE PARTICULAR GROUP COACHING PROGRAM FROM WHICH THE CLAIM AROSE DURING THE LAST SIX (6) MONTHS PRIOR TO THE INITIATION OF THE CLAIM.
A party will not be considered in breach or in default because of, and will not be liable to any other party for, any delay or failure to perform its obligations under this Agreement by reason of fire, earthquake, flood, explosion, pandemic, epidemic, strike, riot, war, terrorism, or similar event beyond that party’s reasonable control (each a “Force Majeure Event”). However, if a Force Majeure Event occurs, the affected party shall, as soon as practicable: notify the other party of the Force Majeure Event and its impact on performance under this Agreement; and use reasonable efforts to resolve any issues resulting from the Force Majeure Event and perform its obligations under this Agreement.
This Agreement shall be governed by the laws of the State of Arizona, regardless of choice of law principles. All parties consent to the personal jurisdiction of the state and federal courts in Maricopa County, Arizona.
Independent Contractor Relationship: Coach is an Independent Contractor, and nothing contained herein shall be construed as creating an agency, partnership, joint venture, employment, or fiduciary relationship between the parties. No party shall have any right, power, or authority to act or create an obligation, express or implied, on behalf of any other party.
No amendment to this Agreement will be effective unless it is in writing and signed by all parties. This Agreement may be executed in counterparts.
If any one or more of the provisions contained in this Agreement is, for any reason, held to be invalid, illegal, or unenforceable in any respect, such provision shall not be void, but rather shall be interpreted as operating to the fullest extent permitted by law, and the remaining provisions shall remain valid and binding.
This is the entire agreement of the parties and reflects a complete understanding of the parties with respect to the subject matter. This Agreement supersedes all prior written and oral representations.
If a dispute arises out of this Agreement that cannot be resolved by mutual agreement, prior to filing a lawsuit or initiating any other form of legal proceedings, the parties must participate in private mediation, in good faith, before a mutually agreed upon mediator. Any party may initiate mediation by providing written notice. Unless otherwise agreed to by the parties in writing, if the mediation does not take place within sixty (60) days of written notice, regardless of reason, litigation or other legal proceeding may be commenced. The parties shall share the cost of mediation, however, if the dispute is not resolved, and in the event of legal action, the prevailing party shall be entitled to reimbursement of its reasonable attorney’s fees and court costs.