Individual Coaching Agreement
This Coaching Agreement (this “Agreement”), dated as of today's date(the “E!ective
Date”), is by and between Joy in Family Medicine Coaching Services® (“Coach”) and
You (“Client” or “You” and together with Coach, the “Parties”, and each
a “Party”). The Parties agree as follows:
Client-Coach Relationship
An e!ective coaching relationship requires mutual understanding and respect between the
Coach and the Client. That requires the parties to agree to some basic tenets of coaching,
including:
Coach and Client agree to communicate honestly, to be open to feedback, and to make time
and space to participate fully in the coaching sessions called for hereunder. Client specifically
agrees to be open to coaching.
By participating in the coaching, You agree to accept personal responsibility for the results of
Your actions. You agree that the Coach has not made any guarantees about the results of
taking any action, whether recommended during any coaching session or not. You recognize
that Your ultimate success or failure will be the result of Your own e!orts, Your particular
situation, and innumerable other circumstances beyond the control and/or knowledge of the
Coach.
Client acknowledges that coaching is a comprehensive process that may involve di!erent 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.
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
Not Medical Advice
The Coach and its employees cannot o!er You medical advice. Its programs, products, and
services are not intended to diagnose, treat, or cure any disease and shall not be understood
or construed as medical advice. Our programs are intended for individuals who are in generally
good health and not in need of medical treatment. Those programs, products, and services are
not a substitute for medical advice from a licensed doctor or other medical professional who is
aware of the facts and circumstances of Your individual situation. We provide health-related
education, information, and do-it-yourself tools that You use at your own discretion.
Coaching Sessions
Coach shall provide a total of 12 coaching sessions that will last 45 minutes and will be
conducted Via Zoom or Phone. These coaching sessions must occur within a period of 1 year
from the date of this Agreement or they will be forfeited without refund.
Availability Between Coaching Sessions
The Parties intend for the Coaching Sessions to be the primary avenue for the Coach to serve
the Client but recognize that issues will sometimes arise between those Coaching Sessions.
Client shall be entitled to seek guidance from Coach between coaching sessions via email.
Coach commits to respond to these coaching requests within 48 hours. Client agrees that
Coach's availability between coaching sessions is subject to discretion and can be revoked if, in
the Coach's sole discretion, Client is making an unreasonable number of requests between
coaching sessions. Before revoking access between coaching sessions, Coach will bring the
excessive use to the Client's attention at least once.
Fees
In consideration of the provision of the Services by the Coach, Client shall pay a single payment
of $2,900, which is due and payable immediately. Payment to Coach of such fees shall
constitute payment in full for the performance of the Services. The coaching sessions will begin
after the payment is made.
Refunds
In the instance that either party desires to terminate the coaching relationship, refunds will be
given on a prorated basis, minus $100 for processing fees.
Procedure and Scheduling
Coach and Client will agree to a mutually agreeable time for the coaching sessions. Once a
coaching session is scheduled, You may not cancel or reschedule that session unless You do so
at least 12 hours before it is scheduled to begin. Coach reserves the right to treat any meeting
that Client misses or attempts to reschedule less than 12 hours before it is scheduled to begin
as having been used by Client.
Confidentiality
The Coach shall treat the relationship with Client, as well as all information shared by the
Client, as confidential. Coach shall not disclose the existence of the relationship or any
information shared during the coaching sessions without the Client’s written consent. This
means that the Coach will not disclose the Client’s name as a reference without the Client’s
consent.
Client should be aware that a coach-client relationship does not give rise to privilege or any
other legally protected confidentiality. That means that Coach could be ordered by a court to
disclose information related to the relationship. Coach will notify Client of any legal request
that would implicate Client’s information prior to disclosing it but may not be able to oppose
disclosing the information. The Coach is a mandatory reporter as must comply with laws
related to such.
Confidential Information does not include information: (a) known to Coach prior to Client
disclosing it; (b) that is generally known to the public or in the industry; (c) obtained by Coach
from a third party, without breach of any obligation to the Client; or (d) that is or was developed
independently by Coach without use of or reference to the Client’s confidential information.
Privacy and Data Protection
A. The Coach and the Client will each comply as appropriate with applicable privacy/data
protection legislation (including GDPR), binding court order, judgment or decree, guidance,
codes, policy or standards.
B. With regard to processing personal data/personal identifiable information (“data”) in relation
to the Client, the Coach will: process such data lawfully (on an appropriate basis including but
not limited to consent, or to comply with the Coach’s legal or regulatory obligations, or for
contractual performance, or for the Coach’s legitimate interests), fairly and in a transparent
manner; collect such data for specified, explicit and legitimate purposes and not further
process such data in a manner that is incompatible with those purposes; ensure that such data
is adequate, relevant and limited to what is necessary in relation to the purposes for which they
are processed; maintain such data accurately; keep such data for no longer than is necessary
for the purposes for which the data are processed; process such data in a manner that ensures
appropriate security of the data, including protection against unauthorized or unlawful
processing and against accidental loss, destruction or damage, using appropriate technical or
organizational measures; maintain records of such data processing under applicable
privacy/data protection legislation requirements; share such data with third parties who the
Coach will inform the Client about; concerning such data, observe the Client’s privacy/data
protection rights under applicable privacy/data protection legislation requirements, which may
be subject to some conditions and exceptions; process such data for marketing purposes
under applicable privacy/data protection legislation requirements; in case of a security breach
concerning such data, where requirements of applicable privacy/data protection legislation are
met, notify a regulatory or supervisory authority, board or other body responsible for
administering privacy/data protection legislation, and the Client of the data security breach;
and, where it is necessary for the Coach to transfer such data internationally the Coach will
comply with applicable privacy/data protection legislation requirements designed to ensure the
privacy of such data.
C. In connection with any infringement by the Coach of applicable privacy/data protection
legislation requirements, including a security breach, concerning personal data/personal
identifiable information in relation to the Client, 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.
Use of Public Comments And Praise
To preserve the Client’s confidences, the Coach will not publicly post anything about Client’s
sessions or coaching experience on social media or otherwise without the Client’s express
written permission.
To the extent Client chooses to make any public disclosures about the coaching experience,
whether through social media or other media, the Coach may reshare that information. This
will include the right to reshare the Client’s comments, praise, or other disclosure on social
media and other online platforms. In other words, if You choose to say anything about the
coaching experience publicly, the Coach has the right to use those public comments to market
and promote the Coach’s business.
This will include any necessary licenses to the copyright in Your post and the right to use Your
name, image, or likeness (to the extent they are attached to Your post) to promote the Coach’s
business.
Release of Information
The Coach engages in training and continuing education pursuing and/or maintaining ICF
(International Coach Federation) Credentials. That process requires the names and contact
information of all Clients for possible verification by the ICF. By signing this agreement, you
agree to have only your name, contact information and start and end dates of coaching shared
with ICF sta! members and/or other parties involved in this process for the sole and necessary
purpose of verifying the coaching relationship, no personal notes will be shared. Those parties
are under obligation not to share your information.
Limitation of Liability
IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR TO ANY THIRD PARTY
FOR ANY LOSS OF USE, REVENUE, OR PROFIT, OR FOR ANY CONSEQUENTIAL, INCIDENTAL,
INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH
OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER
SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED
OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
Choice of Law & Choice of Forum
The Parties agree that this Agreement shall be construed under the laws of Alaska regardless of
any choice of law rules.
Each Party irrevocably and unconditionally agrees that any dispute arising under or related to
this Agreement shall be resolved exclusively through individual, non-class arbitration to be held
in Anchorage, AK under the rules of the American Arbitration Association. Each Party
irrevocably and unconditionally submits to the exclusive jurisdiction of such arbitration and
agrees to bring any such dispute only in such forum. Each Party agrees that a final judgment by
such arbitration is conclusive and may be enforced in other jurisdictions by suit on the
judgment or in any other manner provided by law.
Miscellaneous Clauses
The Parties further agree:
Entire Agreement. This Agreement constitutes the sole and entire agreement of the Parties
with respect to the subject matter contained herein, and supersedes all prior and
contemporaneous understandings, agreements, representations and warranties, both written
and oral, regarding such subject matter.
Amendments. No amendment to or modification of this Agreement is e!ective unless it is in
writing and signed by each Party.
Severability. If any term or provision of this Agreement is found by a court of competent
jurisdiction to be invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or
unenforceability shall not a!ect any other term or provision of this Agreement or invalidate or
render unenforceable such term or provision in any other jurisdiction.
Waiver. No waiver by any Party of any of the provisions of this Agreement shall be e!ective
unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set
forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power
or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor
shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude
any other or further exercise thereof or the exercise of any other right, remedy, power or
privilege.
Assignment. Neither Party may assign, transfer, delegate or subcontract any of its rights or
delegate any of its obligations under this Agreement without the prior written consent of the
other Party. For the avoidance of doubt, any party may rely upon employees or independent
contractors to perform any work required of it in this agreement, but the Party shall remain
ultimately responsible for the completion of that work and its quality. Any purported
assignment or delegation in violation of this Section shall be null and void.
Relationship of the Parties. The relationship between the Parties is that of independent
contractors. Nothing contained in this Agreement shall be construed as creating any agency,
partnership, joint venture or other form of joint enterprise, employment or fiduciary
relationship between the parties, and neither Party shall have authority to contract for or bind
the other party in any manner whatsoever.
No Third-Party Beneficiaries. This Agreement benefits solely the Parties to this Agreement and
their respective permitted successors and assigns and nothing in this Agreement, express or
implied, confers on any other Person any legal or equitable right, benefit or remedy of any
nature whatsoever under or by reason of this Agreement.
Indemnification. Each Party (the “Indemnifying Party”) agrees to indemnify, defend, and hold
harmless the other Party, its o#cers, directors, employees, and agents for any losses, costs,
liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising from the
Indemnifying Party’s (i) breach or non-fulfillment of any representation, warranty, or covenant
in this Agreement, (ii) breach of this Agreement, or (iii) grossly negligent behavior in connection
with this Agreement.
Force Majeure. Neither Party shall be liable or responsible to the other, nor be deemed to have
defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any
term of this Agreement when and to the extent such failure or delay is caused by or results
from acts or circumstances beyond the reasonable control of that Party including, without
limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion
or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest,
national emergency, revolution, insurrection, epidemic or pandemic, lock-outs, strikes or other
labor disputes (whether or not relating to either Party's workforce), or restraints or delays
a!ecting carriers or inability or delay in obtaining supplies of adequate or suitable materials,
materials or telecommunication breakdown or power outage. If the event in question
continues for a continuous period in excess of 15 days, either Party shall be entitled to give
notice in writing to the other to terminate this Agreement.
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