Specific Terms regarding Coach-Client Relationship
Definitions in this agreement:
Client: The recipient of Coaching
Coach: The Coach allocated by MSB
MSB: Making Stuff Better Ltd
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 maximize personal and professional potential. It is designed to facilitate the creation/development of leadership 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 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. MSB shall ensure that all coaches supplied under this Agreement:
- are suitably skilled, qualified, trained and experienced to supply the Coaching Services in accordance with this Agreement;
- are employed under valid employment arrangements that comply with applicable law;
- earn minimum wage and benefits as required by applicable law without discrimination between employees;
- do not have any criminal records;
- do not have and are not alleged to have any violent, addictive, deviant or other behavior considered inappropriate for a person to work in a school environment;
- have been employed by the MSB for a continuous period of at least 6 months or such period as will enable MSB to become familiar with such Coach’s performance and behavioural attributes; and
- comply with, and in no way cause the Client to be in breach of any policy in relation to the safeguarding of its students as notified to the MSB and the Coach, and as may be amended from time to time.
C. MSB shall procure that the Coach always complies with (i) all applicable data protection legislation that may apply to personal data provided by the Client to MSB and the Coach under this Agreement; and (ii) the Client’s internal data protection policies as are communicated to MSB and the Coach.
D. MSB agrees that the Coaches supplied under this Agreement shall be MSB’s sole responsibility and under no circumstance whatsoever shall any Coach be regarded or claimed as Client’s personnel, employees or agents.
E. 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 conversations and interactions with the Coach. As such, the Client agrees that MSB/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.
F. Client further acknowledges that Coach may terminate or discontinue the coaching relationship at any time, but that this does not signify a termination of this contract.
G. Client acknowledges that coaching is a comprehensive process that may involve different areas of employees’ 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.
H. Client acknowledges that coaching does not involve the diagnosis or treatment of mental disorders as defined by the British Medical 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 the Clients is currently under the care of a mental health professional, it is recommended that the client promptly inform the relevant mental health care provider of the nature and extent of the coaching relationship agreed upon by the Client and the Coach.
I. The Client understands that in order to enhance the coaching relationship, they agree to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the program.
2) Cancellation Policy
The client agrees that it is their responsibility to notify the Coach 24 hours in advance of the scheduled coaching meeting should they wish to change the date or time. After this time the Coach reserves the right to include this as a billable session. Coach and Client will always attempt in good faith to reschedule the missed meeting where possible.
This coaching relationship, as well as all information (documented or verbal) that the Client share 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 Client and the Coach agrees not to disclose any information pertaining to the Client or Coach or the Client to any person without the Client’s written consent. MSB and the Coach will not disclose the Client’s name as a reference without the Client’s consent. MSB shall procure that the Coach shall not use or refer to the Client’s trade names or trademarks for any purpose whatsoever, including for marketing, promotional or commercial purposes, without the Client’s prior written consent.
Confidential Information does not include information that: (a) was in the Coach’s and/or MSB’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 and/or MSB from a third party, without breach of any obligation to the Client; (d) is independently developed by the Coach and/or MSB without the use of or reference to the Client’s confidential information; or (e) the Coach and/or Provider is required by statute, lawfully issued, or by court order to disclose; (f) is disclosed to the Coach and/or MSB and as a result of such disclosure the Coach and/or MSB (as applicable) 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.
Confidential Information does not include the Coach Name, Client Name or Date and Time of each session, which will be shared with MSB for contract tracking purposes.
4) 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.
Dated 16th September 2021