Coaching
Agreement
THIS COACHING AND CONSULTING AGREEMENT (the “Agreement”) is between The Woodbridge Factor Inc. (“We”, “us” or “our”), and the client (hereafter “you” or “your”):
1. OUR SERVICES
We agree to provide you with coaching services on a non-exclusive basis. You agree to provide us payment for these services, in accordance with our fee schedule and the package you have selected, which is outlined at woodbridgecoaching.com/services-pricing/. Coaching is not advice, therapy, nor counseling and may address specific personal projects, business successes or general conditions in the client’s life or profession. Coaching is a designed alliance that helps bring out the best in the client and helps the client create and live the life they want to lead.
The International Coaching Federation (the “ICF”) defines coaching as “partnering with clients in a thought-provoking and creative process that inspires them to maximize their personal and professional potential.” The ICF is committed to meaningful professional self-governance. The ICF self-governance foundation comprises and depends on a variety of standards and practices, supported by the efforts of the ICF global board, volunteer leaders, ICF members and credential holders. ICF professional coaches lead this journey by providing professional coaching. ICF credential-holders pursue and complete rigorous education and practice requirements that provide unquestioned legitimacy to their commitment to excellence in coaching.
The above-described coaching services will be provided by us pursuant to the terms and conditions of this Agreement. The above will hereafter be referred to as “our Services”.
2. Our Relationship
- We agree to maintain the ethics and standards of behaviour established by the ICF. You agree to review the ICF Code of Ethics and the applicable standards of behavior. You can review the ICF Code of Ethics and Code of Conduct here: International Coaching Federation- Professional Coaching Association
- You agree that you are solely responsible for creating and implementing your own physical, mental and emotional well-being. You agree to indemnify us for any negative decisions, choices, actions and results arising out of or resulting from our relationship. You agree that we are not liable or responsible for any actions or inactions, or for any direct or indirect negative result you receive from our Services. You understand that our Services is not therapy and does not substitute for therapy. You understand that our Services does not prevent, cure, or treat any mental disorder or medical disease.
- You may terminate or discontinue our relationship at any time, subject to the terms and conditions of Section 3 “Term of this Agreement” below.
- You acknowledge that our Services involve a comprehensive process that may involve different areas of your life. For example, our Services require us to discuss, amongst other things, your work, finance, health, relationships, education, and recreation. You agree that deciding how to handle these issues, or how to incorporate coaching principles into those areas, and implementing choices is exclusively your responsibility.
- You acknowledge that our Services do 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 a duly licenced legal, medical, or other qualified professional. You agree that it is your exclusive responsibility to seek such independent professional guidance as needed. If you are currently under the care of a mental health or medical professional, you agree to inform that professional of the nature and extent of our relationship, and that you have agreed to retain our Services.
- All information provided to us will be kept strictly confidential, subject to the terms and conditions outlined in Section 6 “Confidentiality and Code of Conduct” below. Throughout the working relationship we will engage in direct and personal conversations. You can count on us to be honest and straightforward in asking questions or making requests. You understand that the power of results in the coaching relationship can only be granted by you. If you believe that coaching is not working as desired, you will immediately communicate that to us and we will both will take action to remedy the situation. You agree to communicate honestly, be open to feedback and assistance, and create the time and energy to fully participate in the program.
3. Term of this Agreement
You agree that this Agreement will commence on the date noted at the top of this Agreement and will continue for the term outlined in the service and fee package you choose. Any party can terminate this Agreement at any time. However, you agree to pay for any services provided by us up until the date this Agreement is terminated.
4. Payment for Our Services
You agree that we will charge you the fee for the package that you have chosen and is outlined under the “Services” tab at woodbridgecoaching.com/services-pricing/, and you agree that payment will be in Canadian Dollars unless otherwise specified within this agreement. If the service package you chose includes pre-payment, you agree to pay this fee prior to receiving our Services. You agree that the fee is non-refundable once we commence providing you our Services.
You will receive an invoice from us, which will confirm the fees being charged for our Services. Unless you have chosen a pre-authorized monthly payment plan, you are required to pay the invoice within thirty (30) days from when the date of the invoice. You agree that any unpaid invoices accrue interest at a rate of 19.99% per annum from the date of the invoice, until the date the invoice is paid.
5. Procedure
The time of the coaching meetings and/or location will be determined by you and us on a mutually agreeable basis. You acknowledge that we serve other clients, and we may not be available for your preferred times. In the normal course, our Services are provided by way of telephone conference, Zoom or some other provider of Video Conferencing Software, and/or in person meetings.
6. Confidentiality and Code of Conduct
- We acknowledge that our relationship will require you to disclose personal information to us. We agree to be bound by the principles of confidentiality outlined in the ICF Code of Ethics. You can view the ICF Code of Ethics here: International Coaching Federation- Professional Coaching Association
- However, you are aware that our relationship is not considered a legally confidential relationship (in the same manner as medical and legal professions) and thus communications are not subject to the protection of any legally recognized privilege. We nonetheless agree not to disclose any information pertaining to you, except as required under our Privacy Policy or by law.
- You agree that we will collect and use your personal information pursuant our Privacy Policy, which can be found here woodbridgecoaching.com
- You agree that Confidential information does not include information that: (a) was in our possession prior to it being furnished by you; (b) is generally known to the public or in the industry in which you are employed; (c) is obtained by us from a third party; (d) is independently developed by us without use or reference to your confidential information; (e) we are required to disclose by statute, subpoena, or by court order; (f) is disclosed to us and as a result we believe there to be an imminent or likely risk of danger to you or to others; or (g) involves illegal activity. You also acknowledge you have a continuing obligation to raise any issues of confidentiality with us in a timely manner. This includes any questions you may have with this Agreement or the ICF Code of Ethics.
- If you believe that we have acted unprofessionally; that we have breached the code of ethics required by the International Coaching Federation; or that we have breached the code of conduct required by the International Coaching Federation, you agree that you will first file a complaint with the ICF Independent Review Board before proceeding with any action or claim in any court of law.
7. Responsibility to Clients and Sponsors
- The client is defined as the individual or team/group being coached. The sponsor is defined as the entity paying for and/or arranging or defining the coaching services to be provided.
- Our responsibility is to explain and ensure that, prior to or at the initial meeting, our coaching Client(s) and Sponsor(s) understand the nature and potential value of coaching, the nature and limits of confidentiality, financial arrangements, and any other terms of the coaching agreement.
- Maintain the strictest levels of confidentiality with all parties as agreed upon. I am aware of and agree to comply with all applicable laws that pertain to personal data and communications.
- Have a clear understanding about how information is exchanged among all parties involved during all coaching interactions.
- Have a clear understanding with both Clients and Sponsors or interested parties about the conditions under which information will not be kept confidential (e.g., illegal activity, if required by law, pursuant to valid court order or subpoena; imminent or likely risk of danger to self or to others; etc.). Where I reasonably believe one of the above circumstances is applicable, I may need to inform appropriate authorities.
8. Limitation of Liability and Entire Agreement
To the greatest extent permitted by law, you agree to indemnify and hold us and our affiliates, officers, agents, employees, and permitted successors harmless against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arising out of any act or omission on our part.
Except where such exclusions are prohibited by law, under no circumstances will we, or our parent, subsidiaries, affiliates, or respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors be liable for negligence, gross negligence, negligent misrepresentation, fundamental breach, damages of any kind, under any legal theory, including any direct, indirect, special, incidental, consequently, or punitive damages including, but not limited to, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, breach of privacy, or otherwise as a result of us providing you our Services.
You agree that there is no representation, warranty, collateral agreement, or condition affecting this Agreement except as expressly provided for within this Agreement.
You agree to be bound by the Miscellaneous Contract Provisions found below your signature.
9. Representation
You hereby represent, certify, and warrant that you do not suffer from any physical or mental disability that might affect your participation in the coaching process and, if you have any substance abuse problem or mental illness, you have consulted with your health care professionals and have been advised that you may participate in the coaching process without risk. You agree that if there is any change in this representation, you will promptly advise us.
You agree that, in the event if any claim or grievance against us, your sole remedy will be the return of the fees paid to us. We are not responsible for any direct, indirect, incidental, or consequential damages beyond the total amount of fees paid by you.
Dispute Resolution. If a dispute arises out of this Agreement that cannot be resolved by mutual consent, you agree to first seek recourse by way of a complaint to the ICF Independent Review Board. You can find more information on this here: https://coachingfederation.org/about/regulation. To the greatest extent possible under law, you agree that proceeding with an ICF complaint is a condition precedent to commencing any action at law to enforce this Agreement, and that you will have no right to proceed with an action to enforce this agreement without first engaging the dispute resolution mechanisms offered by the ICF, including (but not limited to) the filing of a complaint.
Applicable Law. This Agreement shall be governed and construed in accordance with the laws of the Province of Ontario. To the extent that there is a material dispute between the ICF Code of Conduct, and/or the ICF Code of Ethics and Ontario law, then you agree that Ontario law will prevail.
Choice of Forum. You agree if either of us wish to pursue an action against the other, such action will be commenced and pursue solely in the Superior Court of Ontario sitting in Windsor, Ontario, and you agree to attorn to the exclusive jurisdiction of that court.
Independent Legal Advice. You agree that you were awarded the opportunity to obtain independent legal advice on this Agreement prior to you signing it.
Execution in Counterparts. This Agreement may be executed in counterparts, each of which is deemed an original, but all of which together are deemed to be one and the same agreement. A signed copy of this Agreement delivered by email or other method of electronic transmission is deemed to have the same legal effect as delivery of an original signed copy of this Agreement.
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 a Court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provisions it would become valid and enforceable, then such provisions shall be deemed to be written, construed, and enforced as so limited.
Waiver. Our failure to enforce any provision of this Agreement shall not be construed as a waiver or limitation of our right to subsequently enforce and compel strict compliance with every provision of this Agreement.
Modification of this Agreement. Any amendment, modification, or extension of this Agreement or any additional obligation assumed by you or us in connection with this Agreement will only be binding if evidenced in writing and signed by both of us.
No Assignment. You may not voluntarily, or by operation of law, assign or otherwise transfer your rights under this Agreement without our prior written consent.
COVID-19. This Agreement is entered into after both parties became aware of the COVID-19 pandemic. You are aware of the COVID-19 pandemic, and you agree that you cannot claim equitable rights as a result of this including, but not limited to, recission or frustration of contract.
