0.0 Key Terms
Here are the key terms of this Coaching Agreement:
- Coaching fees are payable in full in advance of sessions unless otherwise agreed
- All fees are non-refundable
- 48 hours notice to reschedule or cancel a booked session
- You understand that the coaching and Services are not a replacement for counselling or therapy
- Either coach or client can stop coaching at any time
- You represent and warrant that You, or your child receiving the Services, are psychologically, mentally and physically well enough to receive the Services, and that you will hold the Coach and its directors, agents, partners, secretaries, accountants and associates completely harmless in the event of any medical or psychological conditions being triggered or made worse as a result of receiving the Services.
1.0 Header Information
1.1 The date of this Agreement is of Dec 24, 2017. This is an Agreement between:
You, as an individual, or as the Parent/Legal Guardian of the child receiving the Services if applicable, (“The Client”); and
NICK HATTER LTD whos registered office is 34 New House, 67-68 Hatton Garden, London, England, EC1N 8JY (“Coach” in this Agreement).
1.2 By agreeing to these terms in writing (such as via electronic mail), or by, ticking the box marked “I have read the Coaching Agreement and agree to the terms and conditions” and clicking the “Schedule Event” or “submit” button, you agree to be bound by the terms of this Coaching Agreement. By accepting a coaching session with the Coach, you also agree to be bound to the terms of this Coaching Agreement. If you do not agree to the terms of this Coaching Agreement, immediately cease usage of The Services and this website.
1.3 You represent and warrant that you are at least 13 years of age, and that you have legal authority to agree to this Agreement.
1.4 You represent and warrant that you are psychologically well enough to do so, and will not hold the Coach liable for any pre-existing medical or psychological health problems, and you hereby receive the Services solely at your own risk.
1.5 The terms and conditions of this Agreement may change at any time without notice.
2.0 The Term
2.1 The Client engages the Coach to provide the services described in the Schedule in accordance with this Agreement (“Services” in this Agreement).
2.2 This Agreement will start on the date which is written at the beginning of this Agreement and will continue indefinitely unless ended under Clause 9.
3.0 Coach’s Responsibilities
3.1 During this Agreement, the Coach will:
3.1.1 provide the Services carefully and skillfully as best he can and do his best to promote the Client’s interests;
3.1.2 provide the Services unless prevented by illness or injury;
3.1.3 tell the Client as soon as he reasonably can if he is unable to provide the Services because of illness or injury and in any event.
4.1 The Client will pay the Coach the fee set out in the Schedule (“Fee” in this Agreement), together with any VAT and any applicable taxes, charges, currency conversion or transfer fees that apply, in advance of a Coaching Session.
4.2 Payment of fees by the Client will not affect any of the Client’s claims or rights against the Coach if he does not provide the Services in accordance with this Agreement.
4.3 Any fees paid by the Client to the Coach are strictly non-refundable.
5.1 The Parties shall be solely responsible for their own expenses, which includes calling fees, transfer fees and any applicable taxes.
6.0 Other Activities
6.1 The Coach may be involved in any other business during the Term.
7.0 Confidential Information
7.1 The Coach will keep any information shared by the Client confidential unless:
7.1.1 the provision of the Services makes it necessary for the Coach to disclose the confidential information to someone in order that they can help the Coach to fulfil the Services;
7.1.2 the Client approves its disclosure in writing before the disclosure;
7.1.3 the law requires it to be disclosed;
7.1.4 the information is already public and known by others (but not because the Coach told them);
7.1.5 the Client reveals information that would indicate they are at serious risk of harming themselves or others, in which case the Coach will contact health care or emergency services.
7.2 The Coach may use and share an anonymised version of Confidential Information provided by the Client during the course of the Services for the purpose of case studies, success stories, marketing, client acquisition and sales, so long as the Client’s name and identity is not disclosed.
7.3 The Coach may not disclose the name of the Client unless the Client authorises the Coach to do so in writing or leaves a public review on the Coach’s website or related social media websites.
8.0 Intellectual Property
8.1 The Parties shall retain any intellectual property created by them unless otherwise agreed in writing. Nothing in this agreement shall grant ownership to either Party’s intellectual property.
9.0 Ending this Agreement
9.1 The Parties may end this Agreement by sending the other Party a written notice (email is acceptable).
10.0 Responsibilities on Termination
10.1 On termination of this Agreement the Coach must uphold Clause 7.
10.2 Even after this Agreement is terminated, any fees paid to the Coach by the Client shall remain non-refundable.
11.1 The relationship between the Client and the Coach will be that of “independent contractor” which means that the Coach is not the Client’s employee, worker, agent or partner.
11.2 As this is not an employment contract, the Coach will be fully responsible for all his own tax including any income tax and national insurance contributions arising from providing the Services.
12.1 Any notice sent under this Agreement must be in writing and can be delivered by email.
13.1 This is the whole Agreement between the Client and the Coach, and replaces any previous agreements between them.
13.2 If either the Client or the Coach wishes to change this Agreement, the change must be in writing and must be signed by both of them.
13.3 This Agreement may be signed separately by the Client and the Coach, in which case the separate copies will together be taken as the whole Agreement.
13.4 No one other than the Client and the Coach has any rights under this Agreement.
13.5 The Coach and Client agree that this Agreement is binding and can be signed electronically, such as but not limited to document signing services like Docracy.com, and, via a “tick box” approach via the Calendly.com.
14.1 This Agreement and any non-contractual obligations arising in connection with it are governed by and construed in accordance with the laws of England.
14.2 If there is a dispute between the parties, all reasonable efforts shall be made to resolve that dispute informally. If agreement cannot be reached, the Parties agree that the dispute shall be resolved by arbitration in accordance with clause 14.3.
14.3 Any dispute arising out of or in connection with this Agreement, including any question regarding whether it exists, it is valid, or it can be or has been terminated, shall be referred to and finally resolved by arbitration by a single arbitrator. The parties agree that the single arbitrator shall be chosen by the Coach. The seat, or legal place, of arbitration shall be England and the language to be used in the arbitration proceedings shall be English. The costs of the arbitration shall be shared between the Parties as agreed as part of the arbitration proceedings.
15.0 Client’s Responsibilities:
15.1 The Client assumes all and sole responsibility for their actions, decisions and choices reached during and after Coaching Sessions with the Coach.
15.2 The Client agrees and understands that ‘coaching’ is a relationship they have with the Coach and is designed to facilitate the development of personal and professional goals and develop a plan/strategy for achieving those goals.
15.3 The Client agrees and understands that ‘coaching’ is a comprehensive process, which may involve all areas of their life including work, family, health, relationships, education, recreation and spirituality, and the Client acknowledges that deciding how they manage these areas of their life is their own sole responsibility.
15.4 The Client agrees and understands that coaching and the Services provided by the Coach are NOT a substitute for counselling, therapy, mental health care, medical advice or attention, legal advice and/or financial advice, and the Client agrees to seek professional advice or help where necessary.
15.5 The Client agrees and understands that anything that the Coach says (written or otherwise) shall NOT be interpreted by the Client as medical, legal or financial advice.
15.6 The Client agrees to hold the Coach (and any companies he participates in including their agents, secretaries and partners) harmless for any actions, decisions and choices reached by the Client during and after Coaching Sessions with the Coach.
15.7 The Client will contact emergency services or health care services if in need of medical attention, such as (but not limited to) suicidal thoughts, depression, anxiety, and any other medical conditions, and the Client agrees that the Coach is not responsible for diagnosing, treating or triggering medical conditions.
15.8 The Client will consult their doctor first before making any changes to their diet, sleep, exercise, or any other changes to lifestyle that would reasonably require the consultation of a medical professional.
15.9 The Client will provide at least 48 hours notice to the Coach to cancel or reschedule a Booked Coaching Session, and the Client agrees that they forfeit their right to receiving a Coaching Session if they do not cancel within this timeframe, or if they do not show up to the Booked Coaching Session.
15.10 The Client will make a best effort basis to turn up to Booked Coaching Sessions promptly on time, and the Client agrees that they will not be entitled to additional coaching time beyond the Booked Coaching Session if they are late.
Whole Agreement: This Agreement is the entire Agreement between the Parties with respect to its subject matter, and supersedes all prior and contemporaneous proposals, representations, statements and agreements.
Any provision of this Agreement determined to be invalid, illegal or unenforceable by a competent tribunal shall be ineffective to the extent of such invalidity or unenforceability, without rendering invalid or unenforceable the remaining provisions of this Agreement.
This Schedule is part of the Coaching Agreement dated Dec 24, 2017 (“the Agreement”) between the Client and the Coach. This Schedule refers to some terms agreed in relation to the Services that the Coach will provide.
A0. “Coaching Session”:
A Coaching Session shall be defined as a conversation taking place the Client and Coach via the telephone, voice-over-IP, video conferencing and/or instant messenger, and will last for a minimum of 50 minutes (unless otherwise agreed by the Parties), with up to 10 minutes to wind up the conversation and agree next actions until the next Coaching Session (where applicable).
A1. ”The Services”:
The Coach will provide coaching services to the Client primarily via phone calls, voice-over-IP and instant messenger.
This Agreement shall begin on the date set out at the beginning of the Agreement and will continue indefinitely until terminated.
A3. ”The Fee”:
In consideration of the Services, UNLESS OTHERWISE AGREED, the Client will pay to the Coach in full an Agreed Fee per Coaching Session on the terms set out in clause 4.1 of the Agreement.
A3.1 “Agreed Fee”:
In consideration of the Services, an Agreed Fee between the Parties is a fee in writing in which both parties agree is a fair price for the Services to be rendered.
A4. “Booked Coaching Session”:
A Booked Coaching Session refers to when a Coaching Session is scheduled in the Coach’s calendar as agreed with the Client (verbally or written). The Coach will send an email confirmation (such as via Google Calendar) to confirm when a Coaching Session is booked.
A5. ”The Parties”:
The Parties refers to both the Coach and the Client inclusively.
A6. “The Client”:
Refers to yourself, or the Parent/Legal Guardian of the person receiving the Services.