The purchaser of this package or service (“Client”) and Heather Fryer, PhD (“Coach”) agree that all services rendered by Coach hereunderwill be performed in accordance with the following terms and conditions, which, along with the preceding pages shall collectively comprise the agreement (“Agreement”). By enrolling in coaching services, client acknowledges that they have read, understood, and agree to this these terms and conditions.

 

1.              Confidentiality:  As part of Coach’s ethical practices, the confidentiality of personal information is paramount. Coach maintains the highest standards in safeguarding the personal information of its Clients and will remain vigilant in protecting that information.  All coaching sessions will be conducted by phone or HIPAA-compliant videoconferencing software.  Client may choose whether to opt in or out of Client management software for the purposes of scheduling appointments and making payments. 

 

During the delivery of the Coaching Services, Coach may be provided with confidential information about: (A) Client’s future plans, business strategies, employment practices, and other proprietary information which is secret and proprietary to Client (the “Client Confidential Information”); and (B) Client and his/her career plans, understandings, insights, personal information and other information of Client which Client keeps secret  and which is not generally known (“Client Confidential Information”).  Coach shall not disclose any Client Confidential Information to any third party absent a court order requiring such disclosure or, for each item of such information, it becomes Public Information. No information that is publicly known, available from third parties upon inspection or general research, or which is disclosed to a third party without an obligation of confidentiality (“Public Information”), shall be deemed Client Confidential Information.  

 

Client understands that all coaching conversations between Coach and Client are confidential and Coach cannot disclose the content of these conversations to any Sponsor (defined as an organization, parent of Client, or other third party who pays for the coaching) without the prior consent of the Client, unless otherwise required by law. Notwithstanding the foregoing, Client may provide periodic progress reports, in general terms, of the overall coaching to Sponsor and ways that Sponsor may help Client achieve their coaching goals.

 

Client understand that Coach may share certain aspects of our coaching anonymously (with no identifying information) and or hypothetically with other coaching professionals for training, consulting or mentoring purposes.

 

Coach holds confidentiality to the highest degree with Client as designated in the signing of both Ethics Codes. If Client should report to Coach criminal activities or it appears Client is a danger to self or others, or has knowledge of dangerous situations, then Coach is required to report activities to the appropriate local authorities. 

 

All materials used by Coach with Client, including but not limited to, coaching tools, assessments, and check lists are for Client’s personal use in coaching and may not to be shared or duplicated and given to any third parties.     

2.              Payment Arrangement:  The contract price will be payable according to the terms shown on the face hereof. All amounts hereunder will be due by electronic transfer, credit card, or check.  If Client fails to make any payment within five days of its due date, the entire balance due is immediately due and payable and will bear interest from the due date at the rate of 10% per annum, or the highest rate allowed by law, whichever is less. 

 

3.              No Guarantees or Warranties:  Except as expressly provided in this agreement, the Coach makes no guarantees or warranties, expressed or implied. As such, Client agrees that Coach is not and will not be liable for any actions or inaction, or for any direct or indirect result of any services provided by the Coach.  In no event will the Coach be liable to the Client for 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, will be limited to the amount paid by the Client to the Coach under this agreement for all services rendered up until the termination date.  Client understands that Coach’s past performance working with Clients is no guarantee of future performance.

 

4.              No Third-Party Reliance:  The information furnished to Client by Coach is delivered solely for Client’s benefit and may not be furnished to, quoted, relied upon or used by any other person or entity or filed with any governmental agency for any purpose without Coach’s prior written consent.       

5.              No Medical Psychological or Psychiatric Advice:  Client understands that Coach does not provide medical, psychological or psychiatric advice for Client and should not be relied upon in that regard. Client is aware that Coach may recommend that Client seek the advice of such professionals if the particular situation, in Coach’s discretion, warrants more intensive care than the services provided by Coach.

 

6.             Rescheduling Policy:  Client is to contact Coaches’ office no later than 24 hours in advance to reschedule a meeting. Coach realizes that on rare occasions, emergencies do occur a sudden court date, a friend or family emergency. If Client fails to provide a minimum 24 hours advanced notice that Client meeting is forfeited. Client rescheduled meetings are to occur within the same month and may not be rescheduled into future months. If a holiday falls on Client’s regularly scheduled meeting it will be moved to a business day before or after the holiday.

 

7.     Conflict of Interest: If a conflict of interest or appearance of conflict of interest should appear, per IFC Code of Ethical Standards, Coach has the right to remove self from the engagement immediately. 

8.     Refund Policy:   Coach offers a one-time refund if by the 2nd coaching meeting if Client is not completely satisfied with the services provided. Client’s first month’s payment will be refunded (less any merchant fees) in full within 3 days of receipt of written cancellation notice from Client.  No refunds will be issued after this date.

 

9.     Communication:  Coaching is most effect when communication is open and free flowing. If Coach and Client are working on challenging areas or personally sensitive topics, Coach will always be honest and professional in sharing her perspective. However, if Coach ever say or does anything that upsets the Client, the Coach requests the Client bring it forward. Coach promises to do what is necessary to make things right. Long-term clients become very comfortable working with the Coach and after a while, the coaching may become a bit rote.  If Client ever thinks the coaching has become rote, Coach expects Client to bring it forward so both Coach and Client may re-energize the coaching.  Client will receive the most benefit and value from the coaching experience if the Client takes ownership of their needs and thoroughly communicate it to the Coach. 

 

10.           Coaching vs. Therapy:  Client understands that coaching is not a substitute for professional advice by legal, mental, medical or other qualified professionals and that Client will seek independent professional guidance for such matters. If Client is currently under the care of a mental health professional, Client agrees to inform the mental health care provider that coaching services are being provided. 

 

11.           Use of Coaching Training Materials:  Client understands that Coach does not accept liability for Client’s decision to use any part of Coach’s coach training material as part of Client’s own coaching agreement and Coach recommends that Client conduct its own research and/or seek legal review of such to make certain it covers Client ethically and legally.     

 

12.           Release of Information:  The Coach engages in training and continuing education pursuing and/or maintaining board certification credentials. That process requires the names and contact information of all Clients for possible verification by the Center for Credentialing and Education. By signing this agreement, you agree to have only your name, e-mail address and start and end dates of coaching shared with CCE staff members and/or other parties involved in this process for the sole purpose of verifying the coaching relationship, no other information including notes will be shared. 

 

13.           Contract, Cancellation, Termination & Liability:  Coach and Client agree to operate in full integrity and communicate clearly about any change in the coaching relationship. The 2-week notice allows Coach and Client to review and complete any pending work, design a future plan for Clients continued success, provide additional resources and fully acknowledge Client’s progress. The coaching engagement closure experience is powerful, energizing and validating and will serve Client well. 

14.           Limitation on Liability:  Notwithstanding anything to the contrary in this Agreement, Coach’s maximum aggregate liability to Client related to or in connection with this Agreement, whether under theory of contract, tort (including negligence), professional errors or omissions, strict liability or otherwise, will be limited to the total amount paid by Client to coach pursuant to this agreement to date.

 

15.           Mediation and Arbitration:  The parties intend to and do hereby establish final and binding out of court dispute resolution procedures to be followed in the event any controversy should arise out of or concerning the performance of this Agreement.  Accordingly, the parties do hereby covenant and agree that any claim of controversy, dispute or claim of whatever nature, including, but not limited to, the issue of arbitration, arising out of or relating to this Agreement, or the breach thereof, shall be settled first by mediation and, if then necessary, final and binding arbitration in accordance with the commercial rules of mediation/arbitration of the American Arbitration Association. 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 (15) days after notice given. If the dispute is not resolved in mediation, the parties shall then proceed with arbitration. In the event any proceedings are brought by either party hereto to enforce or interpret this Agreement, the prevailing party will be entitled to the payment of its reasonable attorneys’ fees and costs. Client consents to the exclusive jurisdiction of the state or federal courts located in the County of Hawaii, State of Hawaii, with respect to any action or proceeding arising from or related to this Agreement. 

 

16.           Commencement of Action:  Any claim, demand, right, or defense by any party hereto which arises out of this Agreement or the negotiations that preceded this Agreement shall be barred unless such party commences an action thereon, or interposes a defense by reason thereof within six (6) months after the date of the inaction, omission, event, or action that gave rise to such claim, demand, right, or defense. This deadline for asserting such claims shall apply irrespective of when the party knew or, through the exercise of reasonable diligence could or should have known of the existence of such claim, demand, right, or defense.  

17.           Governing Law:  This Agreement will be governed by and construed in accordance with the laws of the State of Hawaii. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provisions contained herein and any present or future statute, law, ordinance or regulation, the latter shall prevail; but the provision of this Agreement which is affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law, and the remainder of this Agreement shall not be affected thereby.

 

18.           Miscellaneous:  This Agreement represents the entire agreement between the parties hereto and the final expression of their agreement with respect to the services covered herein and supersedes any and all prior written agreements, oral agreements, representations, understandings or negotiations with respect to the subject matter. This Agreement may not be modified except in a writing signed by Client and by Coach. If any term, provision, condition or covenant of this Agreement is held to be invalid, void or unenforceable, the rest of the Agreement will remain in full force and effect and will in no way be affected, impaired or invalidated. No term or provision hereof will be deemed waived and no breach excused unless such waiver or consent is in writing and signed by the party claimed to have waived or consented. No consent by any party to or waiver of a breach by the other will constitute consent to, waiver of, or excuse for any other different or subsequent breach. Client may not assign this Agreement without the prior written consent of Coach. This Agreement will be binding on and will inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto. A facsimile of this Agreement may be used as an original. This Agreement may be signed in counterparts, and each such counterpart shall be deemed a duplicate original thereof. This transaction will be governed by the laws of the State of Hawaii  without regard to its conflict of laws provisions.