TERMS AND CONDITIONS
This Agreement is entered into by and between: Ian J Rogers, trading as AFC Project Solutions Limited, 2 ISL Complex, Warrens Industrial Park, Warrens, St. Michael, Barbados (Coach)
The Person, Persons, Organisation or Company signing up to the proposal (Client)
Whereby Coach agrees to provide Coaching Services for Client focusing on the services and activities outlined in the proposal for the Client
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.
1) Coach-Client Relationship
A. Coach agrees to maintain the ethics and standards of behavior of a professional coach.
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 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, accounting, 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.
The parties agree to engage in a Coaching Program through Zoom meetings. Coach will be available to Client by e-mail and voicemail in between scheduled meetings as defined by the Coach (describe those terms here), however it is to be noted that the Coach will not be providing instant responses and will only respond during normal working hours. Coach may also be available for additional time, per Client’s request on a prorated basis rate of (for example, reviewing documents, reading or writing reports, engaging in other Client related services outside of coaching hours). This additional time will be paid for on a time charge basis.
3) Schedule and Fees
This coaching agreement is valid as of. the date of acceptance of the proposal by the client, whether by email or other formal communication.
The fees will be payable in the amounts stated in the proposal and will be become due on the dates, or in the time specified in the proposal, which will be as the terms stated within this Agreement. Any non-payment of fees when they become due may result in this Agreement being terminated forthwith. If this Agreement is terminated for non-payment the Coach reserves the right to seek adequate compensation for such termination.
Fees are generally payable as fifty (50) percent before any coaching begins, then thirty (30) percent after one third of the coaching programme has elapsed and the final thirty (30) percent after two thirds of the coaching programme has elapsed.
If a Coaching programme is shorter that three (3) months then fifty percent shall be payable before the coaching begins and fifty percent shall be payable after half the coaching programme has elaspsed.
If the coaching programme is less than one month the whole fee is payable before the coaching programme commences.
The time of the coaching meetings and/or location will be determined by Coach and Client based on a mutually agreed upon time. The Client will initiate all scheduled calls and will call the Coach via Zoom for all scheduled meetings. If the Coach will be at any other platform or number for a scheduled call, Client will be notified prior to the scheduled appointment time. All calls will be undertaken between 9am and 7pm Atlantic Standard Time, Monday to Friday.
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. 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.
It is noted and accepted by the Client that the Coaching processes, systems and documentation are confidential and owned by the Coach.
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.
The client can, at any point in the coaching session, declare his/her preference not to discuss a specific issue, by simply stating that they would rather not discuss this issue. The coach agrees to respect this boundary and will not attempt to forward the conversation further along those lines.
7) Cancellation Policy
Client agrees that it is the Client's responsibility to notify the Coach 48 hours in advanceof 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.
Refunds are only given in two circumstances:
If the client is not satisfied with the initial call, the Client has to request a refund within 48 hours of that call ending.
Once a contract exists by the acceptance of a coaching proposal, refunds will only be given within the first two weeks of that coaching progamme starting and will be subject to the provisions of the Termination clause in this Agreement.
9) Record Retention Policy
The Client acknowledges that the Coach will retain documents, information and data acquired or shared during the term of the Coach-Client relationship. Such records will be maintained by the Coach in a format of the Coach’s choice (print or digital/electronic) for a period of not less than six (6) years.
Either the Client or the Coach may terminate this Agreement at any time with two (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.
11) 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.
The information, products and services offered on or through this Agreement or on ianjrogers.com are provided on an £as is£ and without warranties of any kind, with expressed or implied to the fullest extent permissible pursuant to the applicable law. The Coach disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. The Coach does not warrant that the Service, ianjrogers.com site or any of its functions will ne uninterrupted or error free and that defects will be corrected or that any part of the site or service that make it available are free of viruses or other harmful contents.
The Coach does not warrant or make and representations regarding the use or results of the ianjrogers.com site or the service in terms of their correctness, accuracy, timeliness, reliability or other wise.
The coach also has a disclaimer police which is deemed to be part of this Agreement.
The Client agrees at all times to defend, indemnify and hold harmless the Coach its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein
14) Limitation of Liability
Under no circumstances including, but not limited to, negligence the Coach, or any subsidiary, parent or associated companies or affiliates shall be liable for any direct, indirect or incidental, special or consequential damages that result from the use of the ianjrogers.com site or the services in any way whatsoever.
The Coach does not offer or provide any tax, legal, accountancy or investment advice and the Client is responsible for consulting appropriate professionals in this regard before acting on any information provided by the Coach or the ianjrogers.com site.
15) 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.
16) 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 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.
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.
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.
19) Applicable Law
This Agreement shall be governed and construed in accordance with the laws of Barbados, without giving effect to any conflicts of law provisions.
20) Binding Effect
This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns.
A copy of this agreement will be sent to you prior to our initial session.