Coaching Agreement

This agreement is between coach, Tami Hoisington, and you, the client.

Hello and Welcome! I am excited to welcome you to my coaching program. Please review the information below which provides an overview of the program and guidelines.

SERVICES:

The services to be provided by the coach to the client are coaching sessions held via video or telephone. Each session will last for 45 minutes.

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. Coaching is a non-therapeutic, present focused intervention that helps people make desired changes in their lives and enhance their wellbeing. Coaching is driven by your goals, or what you are wanting to achieve. We will partner together to help you strengthen and build skills to better address issues like: stress management, sadness, relationship difficulties, anxiety, adjusting to changes, getting unstuck from a situation, making decisions, clarifying goals and values and more.

PAYMENT:

The payment of the Purchase Price shall be made in the manner as agreed between the Parties, which may include Credit card, Paypal or any applicable method the coach accepts. Any delay in making payment without any satisfactory explanation shall incur interest of ten percent (10%) additional payment over the Purchase Price every day until the payment is made in full.

TAX & EXPENSES:

Unless otherwise stated, the Client shall be responsible for all applicable taxes and any other regulatory expenses (if applicable) in connection with the purchase of services under this Agreement.

EMERGENCY PROCEDURES:

In a crisis or in the event of an emergency, please call 911 or your local emergency line and/or go to the local emergency room.

COACH-CLIENT RELATIONSHIP:

A. Coach agrees to maintain the ethics and standards of behavior established by the International Coach Federation “(ICF)”. www.coachfederation.org/ethics. It is recommended that the Client review the ICF Code of Ethics and the applicable standards of behavior.

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. Upon termination of this Agreement pursuant to the aforementioned provision, the Parties shall be relieved of any further obligation under this Agreement; provided, however, that no termination of this Agreement shall operate to release the Client from any liability to the Coach incurred otherwise than under this Agreement before the date of such termination, or from any liability resulting from any willful misrepresentation of a material fact made in connection with this Agreement or willful breach of any material provision hereof.

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 as defined by the American Psychiatric Association 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, 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.

G. The relationship between the parties shall be of independent contractor relationship. Neither party is an agent, representative, or partner of the other party. Neither party shall have any right, power, or authority to enter into any agreement for or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party. This Agreement shall not be interpreted or construed to create an association, joint venture or partnership between the parties or to impose any partnership obligation or liability upon either party.

CONFIDENTIALITY: 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 set forth in the ICF Code of Ethics. 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.

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, harm or neglect to the Client or others; (g) involves illegal activity; (h) as otherwise required by law. In certain instances your coach may disclose information about your sessions without requiring your consent. The Client also acknowledges his or her continuing obligation to raise any confidentiality questions or concerns with the Coach in a timely manner. By using the service of the Coach through her website, the Client hereby consents to the Privacy Policy of the Coach’s website.

RESCHEDULING: Timely cancellations allow me to help other clients. If you cancel or reschedule with less than 24 hours’ notice or miss an appointment, you will be charged a late cancellation, reschedule or no-show fee by forfeiting a prepaid session. If there are no prepaid sessions available, you will be charged the equivalent value of your session.

By purchasing, you agree to this agreement, you understand that if you cancel or reschedule with less than 24 hours’ notice, or you miss your appointment, you will forfeit a prepaid session / or be charged a cancellation / or no show fee. LIMIT OF LIABILITY: YOU EXPRESSLY UNDERSTAND AND AGREE THAT “Coaching with Tami, LLC” SHALL NOT BE LIABLE TO YOU FOR:

(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY INCLUDING, BUT NOT LIMITED TO FORCE MAJEURE INCIDENTS (ACTS OF GOD, NATURAL CALAMITIES, GOVT. ACTIONS OR CHANGES IN LAW). THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY PERSONAL INJURY, EMOTIONAL DISTRESS, LOSS OF GOODWILL, OR OTHER INTANGIBLE LOSS;

(B) SOME JURISDICTIONS AND STATES PRECLUDE LIMIT OF LIABILITY CLAUSES. IN THE EVENT DAMAGES ARE ASSESSED, THE LIMIT OF LIABILITY FOR “Coaching with Tami, LLC” SHALL NOT EXCEED THE TOTAL AMOUNT OF $1,000 - TO THE LICENSEE OR THIRD PARTY.

(C) AS I COACH, I WILL NOT TELL YOU WHAT TO DO, AND YOU, AS THE CLIENT, ARE ALWAYS EMPOWERED TO CHOOSE AND ARE HELD RESPONSIBLE FOR YOUR ACTIONS. THE CLIENT ASSUMES ALL RESPONSIBILITY FOR ANY ACTION TAKEN ON ACCOUNT OF A COACHING SESSION AS WELL AS ALL OUTCOMES AND RESULTS.

(D) IN THE EVENT THAT THE CLIENT DIVULGES INFORMATION THAT I DETERMINE THAT THE CLIENT IS A RISK TO HIM/HERSELF OR OTHERS, I AM LEGALLY RESPONSIBLE TO NOTIFY THE APPROPRIATE PERSONNEL.

THE LIMITATIONS ON “Coaching with Tami, LLC” ABOVE SHALL APPLY WHETHER OR NOT “Coaching with Tami, LLC” IS NEGLIGENT OR HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. I or my representative(s) agree to fully release and hold harmless: Tami Hoisington and Coaching with Tami, LLC from and against any and all claims or liability of whatsoever kind or nature arising out of or in connection with my session(s).”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.

Dispute Resolution:

If a dispute arises out of this Agreement that cannot be resolved by mutual consent, the Client and Coach will resolve all disputes within 30 days through mediation,-, with the mediator chosen by me. If the dispute is not resolved within seven (7) days of initiating the mediation process, then the parties are free to choose litigation at the appropriate courts to finally resolve the dispute. In the event of legal action, the prevailing party shall be entitled to recover attorney’s fees and court costs from the other party.

Severability: 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.

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 in accordance with the laws of the State of Oregon, 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.

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.

By proceeding through booking a free consultation, purchasing coaching sessions or attending a coaching session of any type, you agree to the Privacy Policy and this Coaching Agreement (copies can be found in the Footer of the website).