I am very excited about working together with you in a coaching relationship. These terms set out the agreement between me – Jenny Hewett (coach) and you (client), for the coaching services (‘the services’) I am going to provide. Please read them carefully and let me know if you have any questions.
The format of the services provided and the fee payable will be as set out in the service description for the product selected on my website or as agreed between client and coach in email correspondence.
The fee for the services is non-refundable and is to be paid in full before the first session to secure a place or in instalments if agreed prior to the sessions.
Unless coach and client agree otherwise, client can rearrange coaching sessions during a coaching programme providing he/she gives coach at least 48 hours’ notice. If client gives coach less than 48 hours’ notice, unless coach agrees otherwise with client in advance, or unless it is an emergency, client will be deemed to have taken the session and will not be able to reschedule it or be entitled to any compensation for missing it.
Upon completion of the agreed sessions, coach and client will review and agree new terms to continue or terminate the coaching relationship.
The services to be provided by Jenny Hewett are coaching via Zoom video call, as designed jointly with client.
Coaching is not advice, consulting, therapy or counselling. It could address specific personal goals, business agendas, exploration around life’s purposes, spiritual matters, relational matters or any other area of the client’s life.
The coach agrees to keep confidential the contents of each session and will not, without prior permission from the client, reveal or discuss the details discussed during the sessions or that the client is receiving coaching from the coach, except in specific circumstances where the coach may be legally bound to disclose information to relevant authorities if a person is at risk or certain criminal acts are disclosed.
The coach may use details disclosed in the programme for case studies or testimonial purposes, provided that the client’s name is not disclosed; the coach may identify the client in such case studies only if the client’s specific approval is obtained in advance. The client acknowledges that coaching calls may be recorded to be used exclusively by the coach and the coach’s accountability mentor for training purposes only.
Intellectual property and rights.
The coach retains all ownership and intellectual property rights to the programme and programme materials, including all copyrights and trademarks belonging to the coach.
The client is aware that the coach is not a physician or licensed medical provider. If client is currently in therapy or otherwise under the care of a mental health professional by entering into this agreement client confirms that he/she has consulted with this person regarding the advisability of working with a coach and that this person is aware of client’s decision to proceed with the coaching relationship.
The client understands that if the client is currently prescribed medication, or operating under the advice of a professional service, the client will not stop or alter any prescribed course of medication or action as a result of coaching, without the consent or advice of the relevant professionals, doctors, therapists or counsellors.
The client acknowledges that the coach’s services are consultative in nature, and the client takes full and complete responsibility for all decisions and actions they take, even when based on input and advice from the coach. The coach shall have no liability or responsibility for any actions the client takes or does not take in this connection. The coach makes no guarantees or warranties, written or oral, expressed or implied, as to either results to be achieved or the consequences of any actions taken or not taken by the client. The coach makes no warranty that the services will meet client’s preconceived expectations or that all clients will achieve the same or similar results.
The client agrees to respond to communications from the coach in a timely manner, attend agreed appointments, have regard for our appointment time frames, and communicate in an open and honest fashion with the coach.
Charges and Payment for Coaching
The fees are non-refundable except for:
if coach cancels a coaching programme client is entitled to a partial refund for sessions which have been paid for in advance and which have not been received; and
if client is a consumer, client’s right to a ‘cooling off’ period as described below.
Payment is as agreed between coach and client or set out in the relevant product or services description.
Payment is required in advance for coaching services. In certain circumstances coach may agree to payment by instalments, in which case a supplementary fee may be chargeable. If coach agrees to accept payment by instalments for coaching services and you fail to make any of the instalment payments on the due date then coach reserves the right to invoice client immediately for the whole of the outstanding balance and payment for that invoice will be due by return and in addition coach shall charge client a late payment fee of £50 to cover the administration costs involved in chasing payment.
Right to cancel contracts for services for consumers
The right to cancel does not apply where coaching is for the purposes of client’s business or profession.
If client is a consumer and buys services from coach, client has the right to cancel this contract within 14 days without giving any reason.
The cancellation period will expire 14 days after the commencement of the contract.
However, if client confirms to coach he/she wishes coach to start to provide the services during the 14 day cancellation period then client loses the right to cancel.
Following confirmation from client, if client starts a one to one or group coaching programme during the cancellation period and subsequently decides that he/she does not wish to proceed with the sessions, coach is not able to refund to client any of the payments client has made as payment is for the programme as a whole and not for individual sessions. This is a reflection of the of the amount of preparation coach needs to put into the programme to make it most effective for the client and the amount of time coach shall dedicate and set aside for preparing for and attending the sessions together. This policy also helps client with his/her own accountability and commitment to improving his/her life through the services.
Effects of cancellation
If client is a consumer and cancels a contract for services in accordance with the 14 day cooling off period coach shall reimburse to client all payments received from client except where coach is allowed to keep such payments such as where coach has started carrying out the services within the 14–day cancellation period.
Coach shall make the reimbursement promptly and using the same means of payment as client used for the initial transaction, unless we have expressly agreed otherwise.
The client consents to the coach processing the client’s personal data for the purposes of the programme, in order to contact the client and maintain any necessary records, and the coach agrees to process and protect the client’s personal data in accordance with the requirements of the Data Protection Act 2018.
How I may use your personal information
I shall use the personal information you give to me to:
provide the services or products;
process your payment for the services or products; and
inform you about any similar products and services that I provide, though you may stop receiving this information at any time by contacting me.
I shall not give your personal information to any third party unless you agree to it.
In the unlikely event that there is a problem with the services or products, please contact coach as soon as possible and give a reasonable opportunity to sort out any problems and reach a positive outcome.
End of the contract
Subject to clause below, the services will terminate at the end of the agreed timeframe.
Either coach or client may terminate the services and this contract immediately if:
the other party commits any material breach of the terms of this contract or and, in the case of a breach capable of being resolved, the breach is not resolved within 30 days of a written request to do so. The written request must expressly refer to this clause and state that this contract will be terminated if the breach is not resolved; or
the other party commits or threatens to commit or is threatened with any act of insolvency under the Insolvency Act 1986.
If this contract is ended it will not affect coach’s right to receive any money which client owes to coach under this contract.
coach shall try to resolve any disputes with client quickly and efficiently.
If coach and client cannot resolve a dispute and either of us want to take the matter further we shall attempt to settle it first by mediation in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure. This clause does not affect the freedom of either of us to commence legal proceedings to preserve a legal right or remedy or to protect any intellectual property rights or trade secrets.
If either of us need to commence court proceedings, the courts of England and Wales will have exclusive jurisdiction in relation to this contract.
The law of England and Wales will apply to this contract.
Third party rights
No one other than a party to this contract has any right to enforce any term of this contract