These terms and conditions are set out by Kerry Hearsey

Description Of Coaching:

Coaching is a 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 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.

Definitions

  • Coach relates to Kerry Hearsey
  • Client relates to individual or business working in conjunction with coach.

Coach-Client Relationship

  1. Coach agrees to uphold professional ethics and standards of behaviour throughout and ensure that public liability and professional indemnity insurance are in situ
  2. 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.
  3. Client further acknowledges that he/she may terminate or discontinue the coaching relationship at any time.
  4. 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.
  5. Client acknowledges that coaching does not involve the diagnosis or treatment of mental disorders as defined by the royal college of psychiatrists 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 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.
  6. 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.

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Services

  1. The client agrees to engage in a coaching program in- person, via the internet, and/or telephone meetings as agreed between parties. The coach will be available to client by e-mail and voicemail in between scheduled meetings as defined by the coach. The coach may also be available for the 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).

Schedule & Fees

  1. This coaching agreement is valid as of agreed time and schedule of service and for a minimum of 3 months (individual coaching) or as per agreed schedule for group coaching as set out in writing.
  2. The fee is agreed and paid for prior to the session or work being carried out.
  3. On occasion, pre-agreed terms of payment are set between client and Kerry Hearsey, e.g for courses or fixed 6 month and yearly contracts. These pre-agreed terms of payments will be invoiced on the final working day of each month and subject to payment upon receipt.
  4. One-to-one consultations and seminar payments will be required in full prior to the event and subject to a 24 hour amendment or cancellation fee. Should either occur payment will be required in full.
  5. One-to-one consultations to take place at HQ – LE9 3BA – or via zoom  unless prior agreement is made including payment Kerry Hearsey’s travel and expenses.
  6. Any consultations or meetings off site will be charged travel at 45p per mile. Travel costs are required in full prior to the event and subject to 24 hour amendment or cancellation. Should either occur payment will be required in full.
  7. Example:

- LE9 3BA To postcode of business meeting = one way travel total.

- multiply one way travel total by 2 for roundtrip.

- multiply roundtrip by 0.45p for cost of travel.

- if unsure of total, please contact info@kerryhearsey.Com to confirm travel costs prior to meeting.

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Procedure

  1. 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 at the following number for all scheduled meetings 07708 366455.
  2. If the coach will be at any other number for a scheduled call, the client will be notified prior to the scheduled appointment time.


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Confidentiality

  1. 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 and data protection.
  2. 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 recognised privilege. The coach agrees not to disclose any information pertaining to the client without the client’s written consent.
  3. The coach will not disclose the client’s name as a reference without the client’s consent.
  4. 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.
  5. The client also acknowledges his or her continuing obligation to raise any confidentiality questions or concerns with the coach in a timely manner.

Cancellation Policy

  1. Client agrees that it is the client’s responsibility to notify the coach 24 hours in advance of the scheduled calls/meetings with any changes or cancellation requests.
  2. Any sessions amended or cancelled with less than 24 hours notice will be charged at the full rate of service.

Termination

  1. Either the client or the coach may terminate this agreement at any time with 1 weeks notice. Client agrees to compensate the coach for all coaching services rendered through and including the effective date of termination of the coaching relationship.
  2. Any business contracted agreement requires a minimum of 30 days written confirmation to cease.

Limited Liability

  1. 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.

Entire Agreement

  1. 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.

Dispute Resolution

  1. 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 IS GIVEN. IF THE DISPUTE IS NOT SO RESOLVED, AND IN THE EVENT OF LEGAL ACTION, THE PREVAILING PARTY SHALL BE ENTITLED TO RECOVER LEGAL FEES AND COURT COSTS FROM THE OTHER PARTY.

Severability

  1. 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

  1. 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

  1. This agreement shall be governed and construed in accordance with the laws of the united kingdom, without giving effect to any conflicts of laws provisions.

Binding Affect

  1. This agreement shall be binding upon the parties hereto and their respective successors and permissible assigns.

General Data Protection Regulation (GDPR)

Prior to the commencement of any coaching,  a coaching agreement will be implemented between the client and coach. In addition to this, a pre-coaching assessment form and coaching check-in forms will be collated as to ensure that the client is continually working towards their overall aims from the coaching journey. 

When signing for coaching (package payment), completing the agreement and/or completing the coaching check in forms, the client is agreeing to the following:

  • I agree to the GDPR Terms & Conditions as set out by the General Guide to GDPR https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/711097/guide-to-the-general-data-protection-regulation-gdpr-1-0.pdf 
  • I confirm that I am at least 16 years of age or older. If under 16, I confirm that all documentation has been completed by parent/guardian prior to commencement of services, workshops or online courses.
  • I have been fully informed and consent to the collection and use of my personal data for any purpose in connection with the coaching services, workshops or online courses.
  • I understand that certain data, including personal data, must be collected or processed in order for you to provide any products or services I have requested or contracted for. I understand that in some cases it may be required to use cookies or similar tracking to provide those products or services..
  • I understand that I have the right to request access annually to any personal data you have obtained or collected regarding me. You have agreed to provide me with a record of my personal data in a readable format.
  • I also understand that I can revoke my consent and that I have the right to be forgotten. If I revoke my consent you will stop collecting or processing my personal data. I understand that if I revoke my consent, you may be unable to provide contracted products or services to me, and I can not hold you responsible for that.
  • Likewise, if I properly request to be forgotten, you will delete the data you have for me, or make it inaccessible. I also understand that if there is a dispute regarding my personal data, I can contact someone who is responsible for handling data-related concerns. If we are unable to resolve any issue, you will provide an independent service to arbitrate a resolution. If I have any questions regarding my rights or privacy, I can contact the email address provided. 

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