Welcome to my coaching practice. This document constitutes an understanding and a contract between us (the “Agreement”) and you should read it carefully and raise any questions and/or concerns that you may have before you sign it. You are engaging Kali as a life/business coach to provide coaching services to Your business as set forth in the terms of this agreement. Since Kali only provides coaching to businesses and to individuals in the context of their business or profession, consumer protection legislation does not apply to this agreement. This Agreement between us will commence on the date You execute this Agreement. However, the Coaching Period will begin the day of the purchase.
Group Consent(Only apply to group coaching programs)
This contract is specifically for group coaching. You agree that all information learned while in a Group Coaching session regarding other individuals and their life/businesses will remain confidential. Group Coaching is a professional relationship in which Coach works together with a number of clients in a group setting, facilitating discussions meant to clarify areas that the participants would like to improve, and to help clients work toward achieving their desired outcomes in those areas. Group Coaching is distinct from consulting, in that the goal of the coach is to help clients come up with their own answers to their concerns, rather than providing clients with specific advice, strategy or assistance - professional or otherwise. Group Coaching is also distinct from therapy, in that while discussions in Group Coaching Sessions may address certain obstacles that the coach may suspect are keeping a participant from achieving their goals, under no circumstances will Coach provide therapy, nor will Coach render any medical or psychological advice or engage in any activity or practice that may require specialized training and/or licensing.
Community Class Disclaimer
Human design is a complex and nuanced practice. The class offered is a general overview of what Human Design is, how to apply it in your life, and is for educational purposes only. No discussion or education about Human Design is to be applied directly to any participant’s life. The group setting allows for many to receive the ideas behind Human Design but it is not a particular reading for any one individual. Without the reading as a whole, each gate and pathway is only part of the picture.
Public Speaking Disclaimer
During this [conference/class/session] I will be covering the basics of Human Design. While each example is used for illustrative purposes, it is possible that you will feel it describes you or know that the particular gate we are discussing is part of your “CHART.” Human Design requires the entire picture to fully describe and understand what each gate and generator together can illustrate. Please be aware that while the general information I will present is accurate of the parts of Human Design, how it interacts with the rest of your chart could be different. Therefore, my attorney has advised me that at the beginning of each session I should clarify that all of the information I am presenting is merely for educational purposes and not specifically applicable to any individual.
Disclaimer for PaperBell for those that book just paper readings
I understand that I am submitting information for a paper human design reading. The reading is limited in that it is unable to determine how each gate affects you individually or how the generators interact with the specific facets of the gates. The Reading includes a copy of your personal chart, an introduction explaining your Type, Your Authority, Your profile, and Your definition. The nuance of Human Design means that even if your reading includes a particular gate or includes a specific generator- how they interact will also change how the gate manifests in your life. Therefore, the Reading includes generalized information about each. For a more detailed discussion and education about how the particulars combine and interact for you personally, please book a one-on-one session.
Description of Services
The services to be provided by Kali Tougas Services, LLC are Life/Business coaching and/or tele-coaching as designed jointly with you, the Client. Each coaching appointment at which the services are provided (“Session”) and will take place over Zoom via a link sent by Kali. There are no cancellations or rescheduling of group sessions. If you must miss, the session will be uploaded within 24 hours for your review and convenience. Clients are required to submit their initial pre-questionnaire as provided in the welcome packet (no later than 24 hours before the initial Session). The completion of this assessment is a prerequisite to start coaching. Access to all videos will terminate 30 days after your final Session.
Coach’s Responsibility
Coach is fully committed to supporting You in achieving Your desired outcomes and having each session be meaningful and productive. Coach hereby agrees to conduct herself professionally and maintain the ethics and standards. Coach will not offer advice in any area in which Coach is not qualified, and will, upon request, assist Client in finding a trained or licensed professional for any matter that is outside Coach’s scope of expertise.
Conduct of Client
Kali will ask You to complete a welcome questionnaire in advance of our first Session and You will need to provide true, complete and accurate answers to the questions. Providing this information is essential to the success of the coaching. Arrive on time for Your Sessions. If You are late any time will be deducted from Your Session time. The Group Sessions will start on time. If no participants are on at the designated time, Kali will wait 10 minutes before closing the Session. If You do not arrive within this time, or notify Kali you are coming late, Your Session will be forfeited. Please ensure child care for sessions and any other distractions are kept to a minimum during Your coaching Session. This supports both You, the Group, and Kali in being focused and obtaining the best possible service for Your Sessions. Please advise Kali, with as much notice as possible, when You have travel planned or need to change a Session. Kali recommends You keep the momentum going wherever possible by committing to Your booked sessions as it will support Your progress and results. Client is solely responsible for creating, implementing and maintaining Client’s own physical, mental, spiritual and emotional well-being, decisions, choices, and actions, including those that arise out of or in any way relate to or result from the group coaching relationship. 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 group coaching services provided by Coach. Client understands that group coaching is not therapy and does not substitute for therapy if needed, and that coaching does not prevent, cure, or treat any mental disorder or medical disease.
Client acknowledges that group coaching is a comprehensive process that may involve examination and work, in a group setting, on different areas of Client’s life, including but not limited to Client’s business or employment; physical, mental and emotional state; health and wellness; finances; relationships; education; family and family history; spirituality; recreation; and more. Client agrees that the ultimate decision as to the areas being discussed with Coach and/or the group, as well as the decision on how Client will handle any issues discussed during the group sessions and/or incorporate the principles learned during the Group Coaching Program is exclusively Client’s responsibility.
In an effort to get the most out of the Group Coaching Program, Client certifies that he/she is motivated and committed to taking action on his/her determined personal and professional goals. Client realizes and acknowledges that anything less than Client’s full, complete and intentional participation in the Group Coaching Program – including but not limited to attending the Sessions as scheduled, participation in individual and group exercises, use of tools provided, and implementation of discoveries achieved during the Sessions – will not lead to any success.
Client hereby expressly accepts full and complete responsibility for his or her self, personal and business development, health, financial situation, and any actions Client may take as a result of the Group Coaching Program.
Fees
You agree to pay all services agreed upon on the purchase amount indicated. You will pay via the link sent from Paperbell. Each month an amount will be billed or you have paid in full for services provided. All sums payable under this agreement shall become due immediately on termination of this agreement, despite any other provision. This provision is without prejudice to any right to claim interest under the law, or any such right under this agreement. Any monthly sessions not used each month are forfeited unless reschedule occurs at the time of cancellation. When a deposit it paid then the full amount or payments must start by the agreed upon date or services will be canceled by Kali Tougas Services, LLC. Any and all subscription(s) requires a 30 day cancelation of services. Services will end 30 days after last payment.
If You fail to pay Kali on the due date, she may: charge interest on such sum from the due date for payment at the annual rate of 15% above the base rate from time to time of Kali Tougas Services, LLC, accruing on a daily basis and being compounded quarterly until payment is made, whether before or after any judgment and You shall pay the interest immediately on demand; and all services are suspended until payment has been made in full.
Differences between Coaching and Psychotherapy
Coaching is different from psychotherapy — it neither is, nor purports to be, a substitute for psychotherapy. While there are some similarities between coaching and psychotherapy, they are very different endeavors and it is important that you understand the differences between them. Psychotherapy is a healthcare service and is usually reimbursable through health insurance policies. This is not true for coaching. Both coaching and psychotherapy utilize knowledge of human behavior, motivation, behavioral change and interactive counseling techniques. The major differences are in the focus, goals and level of professional responsibility.
Focus & Goals
The focus of coaching is development and implementation of strategies to reach Client‐ identified goals which will enhance personal satisfaction. Coaching may address specific personal projects, life balance, job performance and satisfaction, or general conditions in the client's life, business, or profession. Coaching utilizes personal strategic planning, values clarification, brainstorming, motivational counseling and other counseling techniques. Deciding how to handle these issues and incorporate coaching into those areas is exclusively your responsibility.
or
The focus of coaching is development and implementation of strategies to reach Client‐ identified goals which will enhance work performance, job growth, and job satisfaction. Coaching may address specific personal projects, life balance, job performance and satisfaction, or general conditions in the client's business or profession. Coaching utilizes personal strategic planning, values clarification, brainstorming, motivational counseling and other counseling techniques. Deciding how to handle these issues and incorporate coaching into those areas is exclusively your responsibility.
The Coach/Client Relationship
The relationship between the coach and client is specifically designed to avoid the power differentials that occur in the psychotherapy relationship. The client sets the agenda and the success of the enterprise depends on the client's willingness to take risks and try new approaches. The relationship is designed to be more direct and challenging. You can count on your coach to be honest and straightforward, asking powerful questions and using challenging techniques to move you forward. You are expected to evaluate progress and, when coaching is not working as you wish, you should immediately inform me so we can both take steps to correct the problem.
It is very important to understand that coaching is a professional relationship. While it may often feel like a close personal relationship, it is not one that can extend beyond professional boundaries both during and after our work together. Considerable experience shows that when boundaries blur, the hard‐won benefits gained from the coaching relationship are endangered.
Professional Advice
Coaching is not to be used in lieu of licensed professional advice. You agree to seek professional guidance for legal, medical, financial, business, spiritual, psychological or other matters as needed. You understand that all decisions in these areas are your sole responsibility.
If either of us recognizes that you have a problem that would benefit from psychotherapeutic intervention, I will refer you to appropriate resources. In some situations, I may insist that you initiate psychotherapy and that I have access to your psychotherapist as a condition of my continuing as your coach.
Waiver
You acknowledge and agree that in the course of the coaching services, I may ask questions that are personal, challenging, or disturbing. You also acknowledge and agree that you are fully responsible for your physical, mental and emotional well‐being, and for any actions, choices and decisions made as a result of the coaching. You waive and release any claims arising or results from my questions, suggestions and advice (or lack thereof) and from actions, choices and decisions you may make.
Termination of Agreement
If either party wishes to end this coaching arrangement /Agreement, he or she will notify the other party either by phone or email.
You agree to participate in a final session to discuss and assess coaching issues such as commitment and follow‐through, progress toward goals and goal accomplishment, the coaching process, etc. If you wish, a six‐month or one‐year follow‐up assessment can be discussed.
Limitation of Damages
You understand that I make no guarantees or warranties, expressed or implied, about any results to be achieved. If I am found liable for any loss or damage under this Agreement (except for fraud), liability shall be limited to the lesser of the total payments made under this contract or the last six months payments. Neither Kali nor Kali Tougas Services, LLC shall be liable for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss or corruption of data or information or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses suffered or incurred by You as a result of You entering into this agreement and Kali providing the services. Kali Tougas Services, LLC and Kali’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this agreement shall in all circumstances be limited to the total price paid by You for the Sessions.
This Agreement constitutes the entire understanding and agreement of the Client and Coach and no amendment, change or modification of this Agreement shall be valid, unless in writing and signed by the parties hereto.
By signing below, I acknowledge that I have had the opportunity to review this Agreement, that I understand all aspects of it and I agree to abide by it.
Non-Disparagement
In the event of a dispute between us both, we both agree that they neither of us will engage in any conduct or communications, public or private, designed to disparage the other.
Status of Relationship
The relationship between us will, at best, be that of independent contractor and nothing in this agreement shall render Kali or Kali Tougas Services, LLC as Your employee, worker, agent or partner. Neither You nor Your company have any control over Kali or Kali Tougas Services, LLC and the method through which they conduct their operations.
Refund Policy
Due to the nature of this Agreement, there are no refunds.
Miscellaneous
The following provisions are also an integral part of this Agreement: This Agreement shall bind and benefit the parties and their respective successors. Captions are for reference only and are not a part hereof. This Agreement may be signed in counterparts. A faxed or scanned and electronically transmitted facsimile of a signature-bearing page will be conclusive evidence of execution. The Agreement’s provisions are severable. No waiver will be construed as a continuing waiver or consent to a later breach. Neither Kali nor Kali Tougas Services, LLC shall be in breach of this agreement, or liable for any failure or delay in performance of any obligations under this Agreement arising from or attributable to acts, events, omissions or accidents beyond Kali and Kali Tougas Services, LLC’s reasonable control. Rights and remedies are cumulative. This Agreement is the parties’ full and final agreement and may not be modified except in writing signed by all parties. If modifications include additional Sessions or expands the scope of the requested work, the additional amount agreed upon is due at the time both parties execute the Amendment. Time is of the essence of all provisions. This Agreement will be interpreted according to substantive Minnesota law. The District Court of Otter Tail County, Minnesota, will have exclusive jurisdiction and venue of any dispute or enforcement proceeding concerning this Agreement. The non-breaching party in any enforcement proceeding will be entitled to an award of all expenses, including reasonable attorney fees, incurred in obtaining redress. Each party has been afforded the opportunity to review this Agreement with its own counsel. Any exhibit attached hereto is incorporated herein by reference. Upon reasonable request, the parties will take such further actions as are reasonably necessary to fulfill the intent of this Agreement. No third-party beneficiary rights are intended. Each individual signing this Agreement in a representative capacity warrants his/her authority to bind the party. THE PARTIES UNCONDITIONALLY WAIVE ANY RIGHT TO A JURY TRIAL OF ANY MATTER RELATING TO THIS AGREEMENT. The recitals to this Agreement are incorporated herein by reference and made contractual in nature.