Tracy Allyn, LLC
Coaching agreement
This Agreement is entered into by and between: Tracy Allyn, 10 Thissell Street Beverly, MA 01915 US (Coach) and _________ (Client) whereby Coach agrees to provide Coaching Services for Client focusing on the following topics attached to this Agreement.
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 is intended to inspire the client to better maximize his, her or their potential relative to a particular topic. It is designed to facilitate the creation/development of personal, professional or business goals and to assist the Client in his, her or their ability to formulate and carry out a strategy and/or plan for achieving those goals. Coaching is experienced subjectively and differently by different persons and is very much subject to an intangible dynamic between the Coach and the Client. Therefore, different people may experience different results and Client recognizes that the Coach cannot and does not guarantee any satisfaction or particular results from the Coaching Services.
1) 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/their own physical, mental and emotional well-being, decisions, choices, actions, and results arising out of or resulting from the coaching relationship and his/her/their 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 that coaching is not therapy or medical advice and does not substitute for therapy or medical advice if needed, and does not prevent, cure, or treat any mental disorder or medical disease.
C. Client further acknowledges that he/she/they may terminate or discontinue the coaching relationship at any time, subject only to the commercial terms that have been agreed relative to payment of fees due.
D. Client acknowledges that coaching is a comprehensive process that may involve different areas of his/her/their life, including work, finances, health, relationships, education, and recreation. The Client agrees that deciding how to handle these issues, incorporating coaching principles into those areas, and implementing choices is exclusively the Client’s responsibility.
E. The Client understands that in order to enhance the coaching relationship, the Client agrees to communicate honestly, to be open to feedback and assistance, and to create the time and energy to participate fully in the program.
SERVICES
The parties agree to participate in (Number of Sessions) via Zoom Video Conference. The Coach will be available to the Client by email, phone, and voicemail between scheduled sessions during regular business hours, Monday through Friday, 9:00 AM to 6:00 PM CST.
The Coach may also be available for additional time at the Client's request, billed at a prorated rate of $360 per hour.
Schedule and Fees
This coaching agreement is effective as of (Date of Agreement)
Fees
You have purchased either:
1:1 Single Session
Package of 10 sessions
Package of 12 sessions
Fees for these services are negotiated directly with the Coach prior to signature of this contract.
Refund Policy The refund policy in effect for the term of this Agreement is as follows:
If the Client is not satisfied with the coaching services at any time, they are entitled to a full refund of any payments made for the most recent session and for all future sessions. The Client must notify the Coach in writing of their dissatisfaction within seven (7) days after the last session. Upon receiving the written notice, the Coach will issue a refund for the most recent session and for any unused sessions within 14 days.
Refunds do not apply to the initial complimentary session, which is free of charge in exchange for feedback.
5) 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/her/their continuing obligation to raise any confidentiality questions or concerns with the Coach in a timely manner.
6) Cancellation Policy Client agrees that it is the Client's responsibility to notify the Coach eight (24) hours in advance of the scheduled calls/meetings. Coach reserves the right to bill Client for a missed meeting. Coach will attempt in good faith to reschedule the missed meeting.
7) Record Retention Policy The Client acknowledges that the Coach has disclosed the record retention policy with respect to documents, information, and data acquired or shared during the Coach-Client relationship. Such records will be maintained by the Coach in digital/electronic format for a period of not less than seven (7) years from the date of the final session.
This period ensures that all relevant data is securely stored to comply with any potential legal or ethical obligations. After the seven-year period, all records will be securely deleted or destroyed unless otherwise required by law or requested by the Client for continued retention.
8) Termination Either the Client or the Coach may terminate this Agreement at any time with seven days 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.
9) 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.
10) 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.
11) 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.
12) 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.
13) 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.
14) Applicable Law and Arbitration This Agreement shall be governed and construed in accordance with the laws of Madison, Wisconsin, United States of America, without giving effect to any conflict of law provisions.
In the event of any dispute, claim, or controversy arising out of or relating to this Agreement or the services provided, the parties agree to first attempt to resolve the matter through good faith negotiations. If the matter is not resolved within thirty (30) days, the parties agree to submit the dispute to binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in Madison, Wisconsin, and the arbitrator’s decision shall be final and binding on the parties.
Each party shall bear its own costs and expenses of the arbitration, including attorney fees, except as otherwise required by the arbitrator. Judgment upon the arbitration award may be entered in any court having jurisdiction.
15) Binding Effect
This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns.
This Client Agreement will be sent electronically prior to the first scheduled coaching meeting. Please sign, return to Coach and retain a copy for yourself.