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 personal, professional, or business goals and to develop and carry out a strategy/plan for achieving those goals.
This agreement is entered into by and between the following coach and client:
Name and surname: Linda Montgomery
Company: Journey with Passion
operating as a Certified Life Coach, hereby referred to as the coach and
hereby referred to as the client.
The coach agrees to provide coaching services to the client pursuant to the following:
1. Coach-client relationship
A. The coach agrees to maintain the ethics and standards of behaviour established by the International School of Life Coaching Institute (ISOL). It is recommended that the Client review the ISOL Code of Ethics and the applicable standards of behaviour.
B. The client is solely responsible for creating and implementing their own physical, mental, and emotional well-being, decisions, choices, actions, and results arising out of or resulting from the coaching relationship and their 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. The client understands that 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. The client further acknowledges that they may terminate or discontinue the coaching relationship at any time.
D. The client acknowledges that coaching is a comprehensive process that may involve different areas of their 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 their responsibility.
E. The 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 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 the client is currently under the care of a mental health professional, it is recommended that the client promptly informs 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 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.
2. 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. This agreement may not be amended, altered, or supplemented unless in writing signed by both the coach and the client.
The parties agree to engage in package sessions. Coaching sessions will take place via virtual meetings. The coach will be available to the client by email in between scheduled meetings as defined by the coach (one support enquiry per session). The coach may also be available for additional time, per client’s request on a prorated basis rate of five hundred and fifty South African Rand (R550) per hour (for reviewing documents, reading, or writing reports, engaging in other client related services outside of coaching hours). Refer to point 11 in case of payment disputes.
4. Coaching framework / procedure
This may vary on a case-by-case basis, but the framework / procedure followed is as per the program sent per email after booking. Programs may change at any time. Coaching can be open-ended, but committing to blocks of coaching may reap greater rewards as it represents a greater investment in the process on the part of the client versus single sessions. Clients are advised to reserve 90 minutes for sessions, but it may be shorter.
Times available are displayed on www.journeywithpassion.co.za on the booking page. The client can book best suited dates / times at https://www.journeywithpassion.co.za/book-an-appointment/. Sessions will take place virtually via Whereby. The client will initiate all scheduled emails and will email the coach at firstname.lastname@example.org.
Package and session rates exclude any bank fees and foreign exchange rates. Once the first session of a package deal has commenced, the remainder of the prepaid package is not refundable, including if the agreement is terminated.
5. Changes to session dates and times
Changes to session times should be made 24 hours before the agreed time and in accordance with agreed procedure. A break in a block may be arranged by mutual consent.
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 ISOL Code of Ethics. South African residents are protected by the provisions of POPIA. Residents of other countries may be protected by similar privacy protections under their countries’ laws. Absent any specific legislation, the coach-client relationship is not considered a legally confidential relationship (like the medical and legal professions). The coach will nevertheless endeavour, not to disclose any information pertaining to the client without the client’s written consent.
Confidential information does not include information that:
(a) is already in the public domain or otherwise public knowledge;(b) is generally known in the client’s industry;(c) is independently developed by the coach without use of or reference to the client’s confidential information; (d) the coach is required by statute, lawfully issued subpoena, or by a court order to disclose;(e) 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(f) involves illegal activity. The client also acknowledges their continuing obligation to raise questions or concerns pertaining to confidentiality with the coach in a timely manner.
7. Cancellation policy
The client agrees that it is their responsibility to notify the coach of a cancellation at least 24 hours in advance of the scheduled calls/meetings. The coach reserves the right to bill the client for a missed meeting. The coach will attempt in good faith to reschedule the missed meeting. Refer to point 11 in case of payment disputes.
8. Record retention policy
The client acknowledges that the coach has disclosed their record retention policy with respect to documents, information and data acquired or shared during the term of the coach-client relationship. Such records will be maintained by the coach in a format of the coach’s choice (physical or digital/electronic) for a period of not less than 2 years. The coach will be guided by and comply with South African law pertaining to safe and secure storage of records.
Either the client or the coach may terminate this agreement at any time with 2 weeks written notice. The client agrees to compensate the coach for all coaching services rendered through and including the effective date of termination of the coaching relationship.
10. 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.
11. Dispute resolution
Either of the parties may terminate this agreement at any time with 2 weeks written notice. Package deals are non-refundable once the first session has commenced. Single sessions will be paid for upfront via www.journeywithpassion.co.za. The client agrees to compensate the coach for all coaching services rendered through and including the effective date of termination of the coaching relationship. Refer to point 11 in case of payment disputes.
In any event that a competent court finds that any provision of this agreement is invalid or unenforceable, but that by limiting such provision the agreement would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as howsoever so limited. The remainder, or implied remainder, of the agreement will then remain in force accordingly.
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.
14. Applicable law
This agreement shall be governed and construed in accordance with the laws of South Africa, without giving effect to any conflict of law provisions.
15. Binding effect
This agreement shall be binding upon the parties hereto and their respective successors and permissible assigns.
16. The undertaking of the coach
I undertake to act to the best of my ability as your coach and to work with you to help identify your personal and professional goals. I undertake to offer you my full and undivided attention during our sessions together, to offer no judgement, only observation. I will never tell you what to do, as you will always decide for yourself, I will only seek to help you explore the possibilities available to you. I promise to adhere to the values and principles of the Achology manifesto, and to do my very best to ensure you have a productive and transformative experience in alignment with your own values, goals, and stated desires. I will be totally committed to your desire for change and fulfilment and celebrate your every success. I cannot offer any expertise in relation to mental health or physical health, and if these are issues, I will always advise you visit a relevant professional. I look forward to a fulfilling and exciting coaching journey with you.
Name and surname: Linda MontgomerySigned at: Centurion, Gauteng, South Africa
17. The undertaking of the client
As a client, I acknowledge and accept full responsibility for my physical, mental, and emotional well-being during coaching sessions, including the choices and decisions I make. I understand that coaching is a Professional-Client relationship focused on creating and developing personal, professional, or business goals, and implementing strategies to achieve them. It encompasses various aspects of my life, such as work, finances, health, relationships, education, and recreation. I am aware that coaching does not involve the diagnosis or treatment of mental disorders and is not a substitute for counselling or therapy. If I am currently in therapy, I have consulted with my mental health care provider regarding working with a coach. I understand the confidentiality of information shared unless otherwise specified in writing or as required by law. I consent to certain topics being shared anonymously for training or consultation purposes. I acknowledge that coaching is not a substitute for advice from qualified professionals in legal, medical, financial, business, or spiritual matters. I commit to actively participating and taking responsibility for my actions and decisions resulting from coaching. I affirm that I am physically and mentally fit for coaching and will promptly communicate any changes in my circumstances. I have read and agree to the coaching agreement.