TERMS AND CONDITIONS – COACHING SERVICES

These Terms and Conditions apply to all coaching services provided by Lucyna Cavassini, ADHD and Executive Coach, and form part of every signed Coaching Agreement. Where the Coaching Agreement and these Terms conflict, the Coaching Agreement takes precedence.
 
 1. What Coaching Is

 Coaching is a partnership, not a legal business partnership, that supports the Client in developing and working towards personal or professional goals. It is a thought-provoking, creative process, not therapy, and does not diagnose, treat, cure, or prevent any mental disorder or medical condition as defined by the Swiss Psychiatric Association. It is not a substitute for counselling, psychotherapy, psychoanalysis, medical care, substance abuse treatment, or legal or financial advice. Clients under the care of a mental health professional are encouraged to inform that provider of the coaching relationship.
 
 2. Coach-Client Relationship
 
The Coach follows the codes of ethics of the International Coaching Federation (ICF) and the Professional Association for ADHD Coaches (PAAC), both required under her ADDCA certification.
 
 The Client is solely responsible for their own decisions, actions, and wellbeing, including in areas such as work, finances, health, relationships, education, and recreation, arising from the coaching relationship.
 
 The Client may end the coaching relationship at any time.
 
 Coaching works best with open, honest communication; the Client agrees to engage constructively and make time to participate.
 
 3. Confidentiality

 Coaching conversations are treated as confidential in line with the ICF and PAAC codes of ethics. This is not a legally privileged relationship (unlike, for example, the medical or legal professions), so communications are not protected by legal privilege. The Coach will not disclose Client information or use the Client's name as a reference without written consent, except where:
 
 - the information was already known to the Coach before being shared by the Client;
 - it is public knowledge or common knowledge in the Client's industry;
 - it was lawfully obtained from a third party;
 - it was independently developed by the Coach without reference to the Client's information;
 - disclosure is required by law, subpoena, or court order;
 - the Coach believes disclosure is necessary to prevent imminent harm to the Client or others; or
 - it relates to illegal activity.
 
 Anonymised, hypothetical coaching topics may be discussed with other coaching professionals for supervision, mentoring, or professional development, consistent with standard coaching ethics.
 
 4. Data Protection and Record Keeping

 Coaching session notes are kept for up to 5 years after coaching ends; financial records are kept for up to 10 years as required by law. Records are then securely deleted.
 
 Where work crosses borders (e.g. Switzerland, the EU, the UK, or the US), the Coach uses systems compliant with the revised Swiss Federal Act on Data Protection (nFADP, in force since 1 September 2023) and, where applicable, the GDPR.
 
 Clients can exercise their data rights or raise questions at coaching@lucynacavassini.com.
 
 5. Liability

 Except as expressly stated in the Coaching Agreement, the Coach makes no guarantees or warranties regarding coaching outcomes. The Coach is not liable for indirect, consequential, or special damages. The Coach's total liability, and the Client's exclusive remedy, is limited to the amount the Client has paid for coaching services rendered. This limitation does not apply to damages caused by the Coach's gross negligence or wilful misconduct, in line with Article 100 of the Swiss Code of Obligations. The Coach maintains professional liability insurance.
 
 6. Intellectual Property

 All coaching materials, exercises, frameworks, resource cards, worksheets, and other content the Coach provides during the coaching relationship remain the intellectual property of the Coach, except where the Coach uses models licensed from a certifying body (for example, ADDCA's QuestVersation© Model), which remain the property of that body. The Client receives a personal, non-transferable licence to use these materials for their own coaching journey, and may not copy, distribute, resell, or use them commercially without the Coach's written consent.
 
 Any recordings made under the Recording and Credentialing Consent clause of the Coaching Agreement remain the property of the Coach and are used solely for the purposes described in that consent.
 
 The Client retains all rights to their own personal reflections, documents, and assessment results shared during coaching.
 
 7. Dispute Resolution, Jurisdiction and Applicable Law

 If a dispute cannot be resolved by mutual agreement, both parties agree to attempt mediation in good faith for up to 21 days after notice is given. If the dispute proceeds to legal action, court costs and party compensation are allocated according to the applicable rules of Swiss civil procedure. Any dispute that cannot be resolved through mediation is subject to the courts of the Client's canton of domicile, in line with the mandatory consumer jurisdiction provisions of the Swiss Civil Procedure Code (Art. 32–35 CPC), unless the parties agree otherwise in writing after a dispute has arisen. These Terms are governed by the laws of Switzerland.
 
 8. General

 These Terms, together with the signed Coaching Agreement, reflect the entire understanding between Coach and Client and supersede prior discussions. Changes must be made in writing and signed by both parties.
 
 If any provision is found invalid or unenforceable, the remaining provisions continue to apply; an invalid provision will be limited only as far as needed to make it enforceable.
 
 A party's failure to enforce a provision on one occasion does not waive its right to enforce it later.
 
 These Terms are binding on both parties and their permitted successors.
 
 Electronic signatures, typed names, or signed PDFs are legally binding and equivalent to handwritten signatures.
 
 Last updated: July 2026.