Terms of Service Agreement
Last edited: September 15, 2024
​
​
Description of services
​
Coaching
Coaching is a partnership (identified as an alliance, not a legal business partnership) between the Coach and Client in a thought-provoking and creative process that inspires the client to maximise 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.
The Nemesis Mindset is a philosophical model structured as a coaching primer and reference point for more effective coaching results. The Coach will explain, consult and discuss matters relating to Nemesis Mindset content with the client throughout the coaching partnership.
Consulting
Consulting is a partnership that offers explanation, advice, and guidance on matters related to the Nemesis Mindset concept. As outlined in these terms and conditions, the coach provides a consultation service that focuses on the Nemesis Mindset concept. These terms of service apply from my position as a coach.
Coach-Client Relationship
A. Coach agrees to be guided by the ethics and standards of behaviour 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 behaviour.
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/consulting relationship and his/her calls and interactions with the coach. As such, the client agrees the coach is not and will not be liable or responsible for any actions or inaction, or any direct or indirect result of any services provided by the coach.
The client understands coaching/consulting is not therapy, 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/they may terminate or discontinue the coaching/consulting relationship at any time.
D. Client acknowledges that coaching is a comprehensive process involving 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, incorporating coaching principles into those areas and implementing choices is exclusively the client's responsibility.
E. The client acknowledges that coaching does not involve the diagnosis and treatment of mental disorders as defined by the American Psychiatric Association or the World Health Organisation International Classification of Diseases and that coaching is not to be used as a substitute for counselling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professional guidance as needed. If 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 to enhance the coaching relationship, the client agrees to communicate honestly, be open to feedback and assistance and create the time and energy to participate fully in the program.
Services
Both parties agree to engage in either of the following: 1) a Coaching Program consisting of six coaching sessions, or 2) a Consulting Program consisting of three consultations. Coaching and Consultation sessions may take place online, in person, or via telephone as previously agreed. The coach will be available to the client by email and voicemail between scheduled meetings from 9 am to 6 pm (GMT) Monday to Friday. Additional services outside of these hours can be arranged between the coach and the client.
Schedule and Fees
Coaching
This coaching agreement becomes valid when the client accepts these terms and conditions by submitting the coaching submission form and purchasing Nemesis Mindset + Coaching. The fee is a £1200 commitment, which is non-refundable due to the intellectual property and overall effectiveness of the coaching program. However, the coach reserves the right to issue refunds at their own discretion in case of mitigating circumstances.
Each coaching session will be one hour long, but if the client and the coach agree, they may be extended at no extra cost. The Nemesis Mindset + Coaching package includes a total of six coaching sessions, which are valid for up to 1 year from the date of commencement. The frequency of sessions may be suggested by the coach, but ultimately, the client has control over scheduling. Clients are required to schedule their coaching sessions using the online booking system. Each coaching session must be accepted and confirmed by the coach.
Consulting
This agreement becomes valid when the client accepts these terms and conditions before purchasing Nemesis Mindset. The fee is a £450 commitment, which is non-refundable due to the intellectual property and overall effectiveness of its intended purpose.
Each session will be one hour long, but if the client and the coach agree, they may be extended at no extra cost. The Nemesis Mindset package includes a total of three consultations, which are valid for up to 1 year from the date of commencement. The frequency of sessions may be suggested by the coach, but ultimately, the client has control over scheduling. Clients are required to schedule their sessions using the online booking system. Each session must be accepted and confirmed by the coach.
​
Procedure
​​The coaching/consulting session time will be chosen by the client using the online booking system. The coach will confirm each booking, and the client will start all scheduled online coaching/consulting sessions using the provided link and instructions from the coach. If there are any issues connecting to the online session, or if there's a failure to meet at the agreed-upon time or place, the client should communicate with the coach via SMS, telephone, or email. If there's no communication from the client, the coach will initiate communication to address the problem. If the issue can't be resolved within a reasonable time frame, the coach and client will arrange another appointment.
Confidentiality
The coaching relationship, including all information (documented or verbal) that the client shares with the coach, is governed by the confidentiality principles outlined in the ICF Code of Ethics. It's important to note that the coach-client relationship is not legally confidential, similar to medical and legal professions, and therefore communications are not protected by any legally recognized privilege. The coach commits to not disclosing any client information without the client's written consent and will not use the client's name as a reference without explicit permission.
The following information is not considered confidential: (a) information that the coach already had before the client provided it; (b) information that is widely known to the public or in the client's industry; (c) information that the coach receives from a third party without breaking any obligation to the client; (d) information that the coach developed without using or referring to the client's confidential information; (f) information that is disclosed to the coach which the coach reasonably believes poses an imminent risk of harm to the client or others; and (g) information that involves illegal activity. The client also acknowledges their ongoing responsibility to promptly discuss any confidentiality questions or concerns with the coach.
The coach does not give consent for the client to share any content related to Nemesis Mindset, including intellectual property or coaching/consulting sessions, in video, audio, or written format beyond the client's personal use. The client should take written notes and may receive documents summarizing key aspects of each session in relation to the Nemesis Mindset concept. Prior consent from the coach is necessary for any video or audio recordings, and these recordings should be for the client's personal use only. The coach does not permit the distribution of this information to third parties or in the public domain.
Cancellation Policy
​The client agrees that it is their responsibility to notify the coach 48 hours in advance of the scheduled session. The coach reserves the right to bill the client for a missed meeting. The coach will make a good faith attempt to reschedule the missed meeting.
​
Record Retention Policy (Optional, if the Coach has adopted such a policy)
​The client acknowledges that the coach has disclosed their record retention policy regarding documents, information, and data acquired or shared during the coach-client relationship. The coach will maintain these records in a format of their choice (print or digital/electronic) for a minimum of 6 years.
Termination
Either the client or coach may terminate this Agreement at any time with immediate effect. Client agrees to compensate the coach for all coaching services rendered through and including the effective date of termination of the coaching relationship.
​
Limited Liability
​Aside from what is specifically stated in this Agreement, the Coach does not provide any guarantees, representations, or warranties, whether express or implied, regarding the coaching services negotiated, agreed upon, and provided. The coach will not be liable to the client for any indirect, consequential, or special damages. Regardless of any damages incurred by the client, the coach's total liability under this Agreement, and the client's sole remedy, will be limited to the actual amount paid by the client to the coach under this Agreement for all coaching/consulting services provided up to and including the termination date.
Entire Agreement
This document represents the complete agreement between the coach and client and signifies a full understanding of the parties regarding the subject matter. This agreement overrides all previous written and oral representations. The agreement cannot be changed, modified, or added to unless it is done so in writing and signed by both the Coach and the Client.
Dispute Resolution
In case a dispute arises from this Agreement that cannot be resolved by mutual consent, the client and coach agree to attempt mediation in good faith for up to 30 days after notice is given. If the dispute is not resolved through mediation and legal action is taken, the prevailing party is entitled to recover attorney's fees and court costs from the other party.
Severability
If any part of this Agreement is found to be invalid or unenforceable, the rest of the Agreement will still be valid and enforceable. If the court determines that a part of this Agreement is invalid or unenforceable, but would be valid and enforceable if it were more limited, then that part will be considered as if it were limited in that way.
​
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.
Applicable Law
This Agreement shall be governed and construed by the laws of the UK, without giving effect to any conflicts of law’s provisions.
Binding Effect
This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns.