One to One Coaching Sessions with Sarah Kerr

COACH AND CLIENT STATEMENT:

My commitment and promise to you:

I will wholeheartedly be 100% focused on you during your session and time with me, and I will support you from start to finish, and I take your journey as seriously as I would take my own.  A safe and impartial environment for you to express where you are now, and where you want to be.

Client Statement
I agree to show up on time to my sessions.  If I need to re-arrange any appointments, I will give at least 24 hours’ notice by way of WhatsApp or email for the session to be rescheduled.  Unfortunately, nonattendance with no communication will result in a deduction of your overall sessions.  Sessions will be arranged to suit you, and ideally will be held weekly or fortnightly.  These sessions are conducted over zoom, and in exceptional circumstances in Warsash.

I am committed to taking positive action to make improvements in my life and to meeting the goals I identify as necessary to do this. I am committed to being as open and honest as necessary in order to work with my coach towards achieving my goals and overcoming any challenges I may be facing. 

I understand and accept the following: 

1. I am fully responsible for the decisions and choices reached during the coaching sessions. (If client is under 16 a written letter from parent or guardian for coaching sessions to commence will be required).

2. Coaching is a relationship I have with my coach that is designed to facilitate the development of personal and/or professional goals and develop a plan/strategy for achieving those goals.

3. Coaching is a comprehensive process, which may involve all areas of my life including work, family, health, relationships, education and recreation. I acknowledge that deciding how to handle any issues is my responsibility.

4. Coaching is not a substitute for counselling, mental health care or substance abuse treatment.

5. To inform my coach if I am currently in any kind of therapy and that any medical or therapeutic practitioners involved in my care have been advised of my intention to work with a coach.

6. I agree to commit to the programme of coaching sessions to facilitate the required change.

7. Training resources are provided as an extra, to support you on your coaching journey.  In these trainings, I refer a lot to my own personal experiences and refer to research and books are already in the public domain.  I am not a medical expert or medically trained, and nothing in my resources should be taken as medical advice.

Agreed terms

1.                   Term of engagement

1.1                You are engaging me as a Life Coach to provide coaching services on the terms of this agreement.

1.2                This contract between us will commence on the date you sign this agreement and will continue unless and until terminated by either of us giving 2 weeks’ notice to sarah@sarahkerrcoaching.com (email address).

2.                   Sessions and cancellation

2.1                Each appointment at which the Services are provided the session will last for a maximum of 60 minutes and will take place over zoom or in exceptional circumstances at my home office.  If for any reason the coaching takes place at a third party (hotel) the following applies.

2.2                Where Sessions are held in third party venues, you agree to comply at all times with such venue’s policies and rules in relation to such venue (particularly fire safety and health and safety rules). You will be required to leave the venue if you do not comply with such policies and rules (and I shall not be obliged to refund you any amounts paid in relation to such Session).

2.3                You are responsible for your own belongings that you take to a Session and neither I nor any third-party venue will be liable for any loss, damage, theft or destruction of any of your belongings.

2.4                You agree to reimburse me in full and indemnify us against any claim from any third party (and associated costs and expenses (including professional fees)) arising out of your actions or inactions while at a third-party venue.

2.5                Either of us may cancel a Session by notice in writing, by email or WhatsApp to the other no less than 24 hours prior to the start of the Session.

2.6                If you cancel a Session within the 24 hours before, and it is not an emergency or ill health then you will forfeit that session.   

2.7                If either of us cancel a Session more than 24 hours before, we will re-schedule the Session at the earliest mutually convenient time.

3.                   Duties of Coach

3.1                I shall provide the Services with due care, skill and ability.

3.2                Other than as set out in clause 3.1 above, all warranties and representations are excluded to the fullest extent permitted by law. Due to the nature of coaching, I do not guarantee any particular results.

3.3                If for any reason I am unable to provide the Services at the agreed time, I will provide you with as much notice as possible and we shall reschedule the Session for a time mutually agreed.

4.                   Fees

4.1              In consideration of me providing the Services to you, your investment is clearly shown on my website at the time of purchase – fees are payable in advance or by instalment agreed beforehand.

4.2                If you contact me between scheduled Sessions, access is included in this package within reason. If, however I consider that more time is needed to deal appropriately with your communication then I may advise you that this topic be discussed within our next session, or advise you to arrange further additional sessions (fees will apply).

4.3                Payment of your coaching package will be detailed on the website, and paid using the payment system provided and in advance of your first session. 

4.4                You shall be responsible for all travel, accommodation and other subsistence costs and all other expenses incurred by you in connection with your participation in the Sessions.

4.5                Without prejudice to any other right or remedy that I may have, if you fail to pay me on the due date, I may:

(a)            suspend all Services until payment has been made in full.

4.6                All sums payable under this agreement shall become due immediately on termination of this agreement, despite any other provision. This clause 4.6 is without prejudice to any right to claim for interest under the law, or any such right under this agreement.

5.                   Confidential information

5.1                I acknowledge that in the course of providing the Services I will have access to Confidential Information (as defined in clause 16).

5.2                I agree not to (except in the proper course of my duties) use or disclose to any third party any Confidential Information. This restriction does not apply to:

(a)            any use or disclosure authorised by you or required by law;

(b)            any use or disclosure which I in my absolute discretion consider necessary or advisable in order to prevent illegal acts or harm to you or to others; or

(c)            any information which is already in, or comes into, the public domain otherwise than through my unauthorised disclosure.

5.3                You may disclose to third parties such information about the Sessions as you wish.

6.                    Data protection and Intellectual Property

6.1                You acknowledge that your personal data will be processed by and on behalf of me as part of me providing you with the Services. I will use and process your personal data in accordance with my Privacy Notice that you can view at https://www.sarahkerrcoaching.com/privacy-policy/

6.2                I am the owner or the licensee of all Intellectual Property Rights and all other rights in the materials and content that I use within the Sessions and nothing in this agreement or otherwise shall operate to transfer the ownership of the Intellectual Property Rights in such material or content to you or to any other person.

6.3                You may not at any time copy, reproduce, publish in any form, share, sell, dispose of or otherwise make available to a third party in any way any of the content or materials that I use in the Sessions. This applies to the library of resources your have access to – “the connection corner”.

6.4                I grant to you a limited, non-exclusive, non-transferable, non-sub licensable revocable licence to use all or any of the content or material used in the Sessions for the purposes for which the Sessions were provided only.

6.5                You may not without my prior written consent make any audio or visual recordings of all or any part of our Sessions.

7.                   Obligations on termination

7.1                If either of us give notice to terminate this agreement pursuant to clause 1.2, then as soon as reasonably practicable after such notice (and in any event before the date of termination of this agreement), you shall make yourself available for a final Session.

7.2                On or before the date of termination of this agreement, you shall immediately pay any unpaid fees or other sums payable under this agreement.

7.3                Termination of this agreement shall not affect the accrued rights, remedies, obligations and liabilities of either of us as at the date of termination of this agreement, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination.

7.4                Clauses which expressly or by implication have effect after termination shall continue in full force and effect after the date of termination of this agreement, including the following clauses: clause 5 (Confidential Information), this clause 7, clause 9 (Limitation on liability) and clause 15 (Governing law and jurisdiction).

8.                   Status

The relationship between us will be that of independent contractor and nothing in this agreement shall render me your employee, worker, agent or partner.

9.                   Limitation on Liability

9.1                Nothing in this clause 9 shall limit my liability for death or personal injury caused by my negligence or for my fraud or fraudulent misrepresentation or for any matter for which liability cannot be legally excluded or limited.

9.2                I shall not be liable for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss of corruption of data or information or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses suffered or incurred by you as a result of you entering into this agreement and me providing the Services.

9.3                My total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this agreement shall in all circumstances be limited to the total price paid by you for the Sessions.

9.4                If I am prevented from or delayed in performing my obligations by your act or omission or by any circumstance outside of my control, I shall not be liable to you for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay.

9.5                The provisions of this clause 9 shall survive termination of this agreement.

10.                Force majeure

I shall not be in breach of this agreement, nor liable for any failure or delay in performance of any obligations under this agreement arising from or attributable to acts, events, omissions or accidents beyond my reasonable control.

11.                Entire agreement and previous contracts

You acknowledge and agree that:

(a)            this agreement constitutes the entire agreement and understanding between us and supersedes any previous arrangement, understanding or agreement between us relating to the provision of the Services (which shall be deemed to have been terminated by mutual consent);

(b)            in entering into this agreement, you have not relied on any Pre-Contractual Statement (as defined in clause 16).

12.                Variation

No variation of this agreement shall be valid unless it is in writing and signed by or on behalf of each of us.

13.                Counterparts

This agreement may be executed in any number of counterparts, each of which, when executed, shall be an original, and all the counterparts together shall constitute one and the same instrument.

14.                Third party rights

14.1            A person who is not a party to this agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

14.2            The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under this agreement are not subject to the consent of any person that is not a party to this agreement.

15.                Governing law and jurisdiction

15.1            This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.

15.2            The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).

16.                Interpretation

16.1            The definitions and rules of interpretation in this clause apply in this agreement (unless the context requires otherwise).

Confidential Information: information in whatever form relating to you and your affairs that are confidential to you including (but not limited to): (i) information that I obtain in connection with the provision of the Services and (ii) the fact that I am providing the Services to you.

Pre-Contractual Statement: any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to this agreement or not) relating to the provision of the Services other than as expressly set out in this agreement.

16.2            A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.

16.3            Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.

16.4            Unless the context otherwise requires, words in the singular include the plural and, in the plural, include the singular.