Coaching Terms & Conditions
This Agreement is entered into by and between: Invictus Consulting (IC) and the client investing and signing the coaching agreement. IC agrees to provide Coaching Services for Client focusing on the following topics/results/outcomes/goals identified in the coaching application. IC understands that in some cases, the client and sponsor (the person/company being coached and person/company investing in the coaching services) may be different however the agreement still stands firm with the sponsor just as IC stands firm in providing the coaching services to the client.
Description of Coaching: Coaching is partnership (defined as an alliance, not a legal business partnership) between the Coach and the Client in a thought-provoking and creative process that inspires the client to maximize personal and professional potential. It is designed to facilitate the creation and/or development of personal and/or professional goals and to develop and carry out a strategy/plan for achieving those goals.
1) Coach-Client Relationship
A. Coach agrees to maintain the ethics and standards of behaviour established by Invictus Consulting “(IC)” (invictuslv.com/ethics). It is recommended that the Client review the IC Code of Ethics and the applicable standards of behaviour.
B. 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. The IC will, in its sole discretion, only provide materials or advice at the request of the client. As such, the Client agrees that IC and the Coach is not and will not be held liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by IC. Client understands coaching is not therapy and does not substitute therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease.
C. Client further acknowledges that he/she may terminate or discontinue the coaching relationship at any time, subject to the terms of the coaching agreement.
D. 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 choice, and responsibility.
E. 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 counselling, 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 if needed. If Client is currently under the care of a mental health professional, it is recommended that the Client promptly inform IC and inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by the Client and the Coach.
F. 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 IC services that the client has elected to participate in.
The parties agree to engage in IC services through (in person, internet, telephone) meetings as stated in the IC investment options and specific IC service selected. Coach will be available to Client by e-mail in between scheduled sessions as defined by IC. Coach may also be available for additional time, per Client’s request on a prorated basis rate of $249 per hour (for example, reviewing documents, reading or writing reports, engaging in other Client related services outside of defined coaching hours in the coaching agreement).
3) Schedule and Investments
The coaching agreement is valid as of the date of the clients completed coaching application unless cancelled in writing by the client or coach within seven (7) days of the initial signing of the coaching application. The investment is agreed as the amount stated on the IC investment options and selected by the client. The investment option selected by the client may be a single investment and/or a per month investment based on the coaching services selected by the client. These services may range from a single one (1) hour session, pre-purchased ten (10) pack of single coaching sessions, to a 3, 6, 9, and 12 month business mastery program. The calls/meetings shall be the length outlined in the specific IC service/s selected by the client. If rates change before the 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: All contracts and agreements are binding. IC does not offer refunds on coaching services. IC is here to coach you towards achieving your highest level of success. Part of that is requiring a commitment from you, the client, and to know that you are fully invested in your coaching service/s. It is the client’s interest and benefit to decide before investing and committing to work with IC, this is also reflected in the IC sales process, “qualification stage” where you, the client, is both assessed, and assessing the commitment before making the final decision to invest. For the success of the client, and the integrity of IC services, the client needs to be 100% committed, just as IC will be 100% committed.
Should the client need to reschedule a session, they may do so by providing 48 hours notice in advance of the session, and agree to making up the session within a 14 days of the originally scheduled date. Sessions not cancelled 48 hours in advance will not be eligible for make-ups. It is important that client prioritizes this agreement to receive the full benefit of IC services. IC exists to provide the client with exceptional services and in the case where the client feels they have not received any value from the sessions, IC agrees to review the clients results achieved with a comparison of where they were at the beginning of the agreement versus where they are at the time of the request to review the clients results. The client agrees to provide IC with any necessary documentation for this review to be completed accurately. If it is found through the review that the client had not actioned any part of the coaching received in the duration of the relationship, the client agrees to be accountable for the outcome and to withdraw their claim of receiving no value, however, if it is found that all of the actions were taken, implemented, and actioned, and yet, not results were produced, IC agrees to offer the client a “re-do” of the services originally invested with no additional investment from the client. IC offers this option with integrity as the company exists to provide value and exceptional service to each and every client.
The time of the coaching meetings and/or location will be determined by the Coach and Client based on a mutual agreement. The Client will initiate all scheduled calls and will call the Coach at the following number for all scheduled meetings. If the contact details, time, or location needs to change for a scheduled call or session, Client will be notified prior to the scheduled session by IC.
5) Confidentiality: The coaching relationship, as well as all information (documented or verbal) that the Client shares with IC as part of this relationship, is bound by the principles of confidentiality set forth in the IC 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 IC’s possession prior to its being furnished by the Client;
(b) is generally known to the public or in the Client’s workplace, or industry;
(c) is obtained by IC from a third party, without breach of any obligation to the Client;
(d) is independently developed by the IC without use of or reference to the Client’s confidential information; or
(e) IC is required by statute, lawfully issued subpoena, or by court order to disclose;
(f) is disclosed to IC 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 IC and the Coach in a timely manner.
6) Release of Information (Optional, based upon specific situation)
IC and IC Coaches engages in training and continuing education pursuing and/or maintaining ICF (International Coach Federation) Credentials. That process requires the names and contact information of all Clients for possible verification by ICF. By becoming a IC client, you agree to have only your name, contact information, start and end dates of coaching shared with ICF staff members and/or other parties involved in this process for the sole and necessary purpose of verifying the coaching relationship, no personal notes will be shared. Client Agrees according to the ethics of our profession, topics may be anonymously and hypothetically shared with other coaching professionals for training, supervision, mentoring, evaluation, and for coach professional development and/or consultation purposes.
7) Cancellation Policy: Client agrees that it is the Client’s responsibility to notify IC forty-eight (48) hours in advance of the scheduled calls/sessions. IC reserves the right to bill Client for a missed session in cases where the clients advanced notice was not provided. Coach will attempt in good faith to reschedule the missed session but at the sole discretion of IC.
8) Record Retention Policy: The Client acknowledges that IC 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 IC’s choice (print or digital/electronic) for a period of not less than one (1) year.
9) Termination: Either the Client or IC may terminate the Agreement at any time, subject to the terms of service with thirty (30) days written notice. Client agrees to compensate IC for all coaching services rendered through and including the effective date of termination of the coaching relationship.
10) Limited Liability: Except as expressly provided in the Agreement, IC 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 IC be liable to the Client for any indirect, consequential or special damages. Notwithstanding any damages that the Client may incur, IC’s entire liability under the Agreement, and the Client’s exclusive remedy, shall be limited to the amount actually paid by the Client to IC under the Agreement for all coaching services rendered through and including the termination date.
11) Entire Agreement: This document reflects the entire agreement between IC 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 IC and the Client.
12) Dispute Resolution: If a dispute arises out of the 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.
13) Severability: If any provision of the 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 the 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.
14) Waiver: The failure of either party to enforce any provision of the 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 the Agreement.
15) Applicable Law: The Agreement shall be governed and construed in accordance with the laws of the State of Nevada, without giving effect to any conflicts of laws provisions.
16) Binding Effect: The Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns. A copy of these terms and conditions, completed coaching application, selected investment option and services, will be provided to the client in their welcome pack prior to the first scheduled coaching session. It is recommended that you retain your copy for your records as IC will retain a copy for theirs.
17) Force Majeure • Force majeure is defined in these Terms and Conditions as, beside what is understood with regards to this in law and jurisprudence, all external causes, foreseen or unforeseen, which IC cannot influence, yet by which IC becomes unable to fulfil its obligations; • IC has the right to refer to force majeure, in case the circumstance preventing the (further) fulfillment of its obligations, commences before IC should have fulfilled its obligations; • During force majeure IC’s obligations will be suspended. In case the period in which IC is not able to fulfil its obligations due to force majeure takes longer than two (2) months, both parties are entitled to terminate the agreement without any obligation to further compensation; • In case IC upon the commencement of force majeure already partially met its obligations, or is able to only partially fulfil its obligations, IC is authorized to invoice for the already executed work or executable part of the work and Client is obliged to pay the invoice in full as if it were a standalone agreement.