Professional Coaching Agreement: PART A

Section 1. Services

Coach agrees to help Client identify what is most important to Client and align their thoughts, words, and actions, accordingly. Coach will work with Client to identify what Client wants personally and professionally, and Coach will support Client in achieving a life that Client really wants and loves.

Client is fully responsible for their physical, mental and emotional well-being during their coaching sessions, including their choices and decisions.

Coaching is defined as a Professional/Client relationship that is established between Coach and Client that is designed to facilitate the creation/development of personal, professional, or business goals and to develop and carry out a strategy/plan for achieving those goals.

Client understands that Coaching is a comprehensive process that may involve conversations about all areas of their life, including work, finances, health, relationships, education and recreation. Client acknowledges that deciding how to handle challenges, incorporating Coaching into those areas, and implementing their choices is exclusively their responsibility.

Coaching does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association, or the Australian Government Department of Health. Client understands that Coaching is not a substitute for counseling, psychotherapy, psychoanalysis, mental health care or substance abuse treatment and Client will not use Coaching in place of any form of diagnosis, treatment or therapy.

Client understands that Coaching is not to be used as a substitute for professional advice by legal, medical, financial, business, spiritual or other qualified professionals. Client will seek independent professional guidance for legal, medical, financial, business, spiritual or other matters. Client understands that all decisions in these areas are exclusively theirs and they acknowledge that their decisions and their actions regarding them are solely Client’s responsibility.

Section 2. Term

From the Commencement Date specified in PART B of this agreement, Coach will meet with Client a minimum of two (2) times per month. Each Coaching session will be 45-120 minutes in duration or until Coach or Client ends the Coaching session. Client may schedule additional JIT (Just-in-time) Coaching Sessions with a duration of 15 – 30 minutes as necessary. Coach and Client will meet face-to-face, telephonically, or via videoconferencing for the purpose of Coach rendering Services. This agreement is for an initial term of 4 months. After the initial term, this agreement is perpetual in nature, meaning it continues indefinitely until Client or Coach cancels, which either can do at any time.

Section 3. Payment for Services

Client agrees to pay Coach for Services as described in the attached ‘Fee Schedule Executive Coaching Plans’ and specified in PART B of this agreement.

If the company is paying for the coaching, it has the option of paying for a minimum of 4 months upfront. If this option is elected, an invoice will be sent to the company for the full amount.

Refunds for coaching services are not provided unless a request for refund is received before Coaching has begun for the 30-day period in which the refund is requested.

Additional Services, as per Section 10, are billed at $275.00 USD per hour, not including expenses.

Section 4. Confidential Information

Coach will hold in trust for Client, and shall not disclose to any non-party to the Agreement, any confidential information of Client. Confidential information is information which relates to Client’s coaching session, and any information disclosed during Services, or any other conversations where information is disclosed by Client to Coach during Services to include scheduled coaching sessions, correspondence, and any time Client calls Coach to discuss topics related to Services.

Coach hereby acknowledges that during the performance of this Agreement, Coach may learn or receive confidential Client information and therefore Coach hereby confirms that all such information relating to Client’s business and personal life will be kept confidential by Coach, except to the extent that such information is required to be divulged to Coach’s clerical or support staff or associates in order to enable Coach to perform Coach’s Agreement obligation, or to law enforcement in compliance with federal and state law upon receipt of a warrant for such information.

Section 5. Client Representative

Coach shall represent Client during the performance of this contract with respect to Services and deliverables as defined herein, and when requested by Client in writing, may contact others not defined in this Agreement as a representative of Client. Any written request made by Client under this section will supersede Section 4 of this Agreement in regard only to the individual or organization named in the written request received from Client.

Section 6. Staff

Coach is an independent contractor and neither Coach nor Coach’s staff is or shall be deemed to be employed by Client. Client is hereby contracting with Coach for the services described above under “Services”, and Coach reserves the right to determine the method, manner and means by which the Services will be performed. Coach is not required to perform the Services during a fixed hourly or daily time and if Services are performed at Client’s premises, then Coach’s time spent at the premises is to be at the discretion of Coach; subject to the Client’s normal business hours and security requirements. 

Coach hereby confirms to Client that Client will not be required to furnish or provide any training to Coach to enable Coach to perform Services required hereunder. Services shall be performed by Coach or Coach’s staff, and Client shall not be required to hire, supervise or pay any assistants to help Coach perform Services under this Agreement. Coach shall not be required to devote Coach’s full time nor the full time of Coach’s staff to the performance of Services required hereunder, and it is acknowledged that Coach has other Clients and Coach offers services to the general public. 

The order or sequence in which the work is to be performed shall be under the control of Coach. Except to the extent that Coach’s work must be performed on or with Client’s computers or Client’s existing software, all materials used in providing Services shall be provided by Coach. Client shall not provide any insurance coverage of any kind for Coach or Coach’s staff, and Client will not withhold any amount that would normally be withheld from an employee’s pay. Coach shall take appropriate measures to ensure that Coach’s staff is competent.

Section 7. Complete Agreement

This Agreement contains the entire agreement between the parties hereto with respect to the matters covered herein. No other agreements, representations, warranties or other matters, oral or written, purportedly agreed to or represented by or on behalf of Coach by any of its employees or agents, or contained in any sales materials or brochures, shall be deemed to bind the parties hereto with respect to the subject matter hereof. Client acknowledges entering into this Agreement solely on the basis of the representations contained herein.

Section 8. Applicable Law

Coach shall comply with all applicable state and federal laws in performing Services. This Agreement shall be construed in accordance with the laws of the State Queensland, Australia.

Section 9. Scope of Agreement

If the scope of any of the provisions of the Agreement is too broad in any respect whatsoever to permit enforcement to its full extent, then such provisions shall be enforced to the maximum extent permitted by law, and the parties hereto consent and agree that such scope may be judicially modified accordingly and that the whole of such provisions of this Agreement shall not thereby fail, but that the scope of such provisions shall be curtailed only to the extent necessary to conform to law.

Section 10. Additional Work

After receipt of an order from Client which adds to the Services, Coach may, at its discretion, take reasonable action and expend reasonable amounts of time and money based on such order. Client agrees to pay Coach for such action and expenditure as detailed above in Section 3 and Section 3.1 of this Agreement.

Section 11. Assignment

This Agreement may not be assigned by either party without the prior written consent of the other party. Except for the prohibition on assignment contained in the preceding sentence, this Agreement shall be binding upon and inure to the benefits of the heirs, successors and assigns of the parties hereto.

Section 12. Acceptance

This Agreement is only valid when accepted by V-Teamwork.