Coaching Agreement, Terms & Conditions

Take the time to read this, please! You’ll get way more out of your coaching session and it’s important that we are on the same page when working together as Total Health by Elizabeth (Me, aka: Coach) and Client (you).

This Agreement is entered into by and between: Elizabeth Sherman, Total Health by Elizabeth, LLC, and (Client) whereby Coach agrees to provide Coaching Services for Client focusing on health as it pertains to the client’s results/outcomes/goals. Topics outside of client health (stress, sleep, eating, and movement) may come up as necessary discussion topics during our sessions.

1. 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/development of personal, professional or business goals and to develop and carry out a strategy/plan for achieving those goals. 

2. COACH – CLIENT RELATIONSHIP

A. Coach agrees to maintain the ethics and standards of behavior established by the International Coach Federation “(ICF)” (Coachfederation.org/ethics). It is recommended that the Client review the ICF Code of Ethics and the applicable standards of behavior. 

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. As such, the Client agrees that the Coach is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by the Coach. Client understands coaching is not therapy and does not substitute for 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. 

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 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 counseling, 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 as needed. If Client is currently under the care of a mental health professional, it is recommended that the Client promptly 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 program. 

3. SERVICES

The parties agree to engage in a 6 month Coaching Program through coaching calls conducted via video meetings. Coach will be available to Client by text, e-mail and voicemail in between scheduled meetings as defined by the Coach. Coach may also be available for additional appointments, per Client’s request on a prorated basis rate of $100 per hour.

4. COACHING CALLS

Video calls with your Coach during your membership will be done through Zoom Video Conferencing. It is the Client’s responsibility to ensure that video, microphone, and all technology is working at the time of the call. Other arrangements must be made 24 hours in advance if the Client is unable to connect using Zoom.

The calls/meetings shall be 45 minutes in length, and there will be about 3 calls/meetings per month. If rates change before this agreement has been signed and dated, the prevailing rates will apply. 

Scheduling

All Coaching Sessions are scheduled in advance by direct agreement between you and your Coach. If for any reason you cannot attend a scheduled Coaching Session you are fully responsible for informing your Coach, or rescheduling using the automated confirmation sent by the scheduling software otherwise the session will be deemed forfeit. You are responsible for rescheduling via scheduling application.

It is the client’s responsibility to verify that the details of the scheduled appointment are correct including date, time, and time zone.

Coach reserves the right to refuse rescheduling or bill Client for a missed meeting. Coach will attempt in good faith to reschedule the missed meeting.

Procedure

The time of the coaching meetings and/or location will be determined by Coach and Client based on a mutually agreed upon time. If the Coach will be at any other number for a scheduled call, Client will be notified prior to the scheduled appointment time.

Cancellation Policy

Client agrees that it is the Client’s responsibility to notify the Coach a minimum of 24 hours in advance of the scheduled calls/meetings.

Should you need to reschedule a coaching session, you may do so by providing 24 hours notice in advance of your session and making up the session within a week of the originally scheduled date.  Sessions not cancelled 24 hours in advance will not be eligible for make-ups.  It is important that you prioritize this work to receive the full benefit of your coaching package.

Tasking/Homework

Tasks or homework are assigned to assist in accelerating your change and the achievement of your desired results.

Free Extra Time

There is no extra charge for brief catch up calls, emails, or text correspondence between your Coaching Sessions, whether to discuss an issue or concern or share something great! Your Coach provides this free additional service to give your superior value and results.

Free Email Access

Your Coach is available during the week via email to share wins, seek clarity on actions or review minor issues. Again, there is no charge for any of the brief catch up emails or text communication.

5. CONFIDENTIALITY

Your Coach will not divulge that you are in a coaching relationship without your express consent. You, of course are free to discuss the coaching relationship with anyone at any time.

Confidentiality

This coaching relationship, as well as all information (documented or verbal) that the Client shares with the Coach as part of this relationship, is bound by the principles of confidentiality set forth in the ICF 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 the Coach’s possession prior to its being furnished by the Client; (b) is generally known to the public or in the Client’s industry; (c) is obtained by the Coach from a third party, without breach of any obligation to the Client; (d) is independently developed by the Coach without use of or reference to the Client’s confidential information; or (e) the Coach is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to the Coach 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 the Coach in a timely manner. 

6. PAYMENT

Payment Plans

If any instalment payment should default, the Client will have seven (7) days to rectify the situation. Any schedules coaching session(s) will be postponed until payment is received within the 7 days, all discounts and bonuses will be forfeited, and full payment will apply. If a Client should default on any instalment payment, the result may be cancellation from the Program and the Cancellation Policy will apply. An N.S.F. or credit card decline will result in penalty from our payment processing company in cases of payment default.

7. TERMS & CONDITIONS

Terms of Coaching

The Coaching Programs are created and sold as whole packages and cannot be altered or partially completed in any way. If you are enrolled in continuing Coaching for a number of sessions, unused sessions due to quitting the program may not be eligible for refund, credit or transfer.

Release of Information

(Optional, based upon specific situation) The Coach engages in training and continuing education pursuing and/or maintaining coaching credentials. That process requires the names and contact information of all Clients for possible verification by certifying agency. By signing this agreement, you agree to have only your name, contact information and start and end dates of coaching shared with coaching certifying agency 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.

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.

Termination

Either the Client or the Coach may terminate this Agreement at any time with 2 weeks written notice. Client agrees to compensate the Coach for all coaching services rendered through and including the effective date of termination of the coaching relationship.

Limited Liability

Except as expressly provided in this Agreement, the Coach 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 the Coach be liable to the Client for any indirect, consequential or special damages. Notwithstanding any damages that the Client may incur, the Coach’s entire liability under this Agreement, and the Client’s exclusive remedy, shall be limited to the amount actually paid by the Client to the Coach under this Agreement for all coaching services rendered through and including the termination date. 

Entire Agreement

This document reflects the entire agreement between the Coach 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 the Coach and the Client.

Dispute Resolution

If a dispute arises out of this Agreement that cannot be resolved by mutual consent, the Client and Coach agree to attempt to mediate in good faith for up to (certain amount of time such as 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.

Severability

If any provision of this 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 this 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.

Waiver

The failure of either party to enforce any provision of this 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 this Agreement.

Applicable Law

This Agreement shall be governed and construed in accordance with the laws of the State of Texas, without giving effect to any conflicts of laws provisions.

Binding Effect

This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns.

8. NOTICE OF CANCELLATION

If you wish to cancel the agreement and payments within 5 business days of the date indicated you may do so for a full 100% refund of any monies paid less the cost of any products delivered. This refund is only available if services have not commenced in any way rendering any refund void.

All notice of cancellation must be in writing and delivered by mail or email to hello@elizabethsherman.com. Cancellation notice will be deemed on the date in which the cancellation is received by Total Health by Elizabeth. No refunds, credits or transfers available for no-shows.

Cancellation and Refund Policy

All contracts are binding. I do not offer refunds on coaching services. I am here to coach you to your highest level of success, and part of that is requiring a commitment from you that you are fully invested in your coaching package.  When refunds are an option, you can have “one foot in” the work, and “one foot out” the door.  It is to YOUR benefit to decide BEFORE purchasing your package and committing to work with me that I am the right coach for you.  If you’re in, you need to be 100% in, just as I will be for you.

Suspending Membership

Is not possible once your program is in progress.

Program Changes

The Coach reserves the right to change, modify or cancel any programs as considered necessary. Any such change will be made in consultation with the Client.

Mutual Agreement Cancellation

If at any time wither the Client or Coach believe the Coaching Sessions and agreement are no longer serving the needs of the Client, they may initiate a discussion to rectify the situation prior to cancelling the Program or Sessions.

9. INTELLECTUAL PROPERTY

All material relating to the Program is subject to copyright and other intellectual property rights. All materials may not be recorded, used or reproduced without the written permission of the owner.

10. INDEMNIFICATION

You understand that all action taken is performed voluntarily and is your own responsibility. Clients should seek independent professional advice before undertaking any physical, business or investment actions.

11. AGREEMENT SECTION

By entering into a Coaching Agreement either through signing a Coaching Agreement with Total Health by Elizabeth or paying any amount to Total Health by Elizabeth, you agree to abide by the terms and conditions as set out above.

 Updated: September 4, 2019