This Agreement is entered into by and between: MINDFUL ADVENTURES - ARIEL NACHMAN KENT (Coach/Guide/Mentor/Woodland Skills Leader) and ______ Name, Address (Client) whereby Coach agrees to provide Coaching Services for Client focusing on the topics/results/outcomes/goals to be attached to this Agreement as Schedule A.
Description of Coaching:
Coaching is partnership (defined as an alliance, not a legal business partnership) between MINDFUL ADVENTURES - ARIEL NACHMAN KENT 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-spiritual, professional or business goals and to develop and carry out a strategy/plan for achieving those goals.
1) Coach-Client Relationship
A. MINDFUL ADVENTURES - ARIEL NACHMAN KENT agrees to maintain the privacy and discretion of all information received pertaining to the client. In situations of obvious risk of public knowledge, such as group retreats, satsangs or other coach-client interactions in a public forum, (in these cases) the client waives the claim against privacy violation.
B. 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 calls and interactions with MINDFUL ADVENTURES - ARIEL NACHMAN KENT 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 MINDFUL ADVENTURES - ARIEL NACHMAN KENT . 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.
C. Client further acknowledges that he/she may terminate or discontinue the coaching relationship at any time.
D. Client acknowledges that coaching is a comprehensive process that may involve different areas of his or her 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.
E. 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 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 Client is currently under the care of a mental health professional, it is recommended that the Client promptly inform 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 in order 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.
The parties agree to engage in a ___ month Coaching Program through (______method(s), e.g., inperson, internet, telephone) meetings. MINDFUL ADVENTURES - ARIEL NACHMAN KENT will be available to Client by e-mail and voicemail in between scheduled meetings as defined by MINDFUL ADVENTURES - ARIEL NACHMAN KENT (as follows: _). MINDFUL ADVENTURES - ARIEL NACHMAN KENT may also be available for additional time, per Client’s request
3) Schedule and Fees
This coaching agreement is valid as of 00/00/0000. The fee is ______ (amount in advance if applicable) and/or __________ (amount) per month based on (frequency of meetings such as # of meetings per/ wk, month, etc.). The calls/meetings shall be ____________ (length of call or meeting for example 30, 45, 60, 90, 120 minutes). If rates change before this agreement has been signed and dated, the prevailing rates will apply.
The refund policy in effect for the term of this Agreement is as follows:
Insert Coach’s refund policy.
The time of the coaching meetings and/or location will be determined by MINDFUL ADVENTURES - ARIEL NACHMAN KENT and Client based on a mutually agreed upon time. The Client will initiate all scheduled calls and will call MINDFUL ADVENTURES - ARIEL NACHMAN KENT or connect via Zoom. If the Coach will be at any other contact point for a scheduled call, Client will be notified prior to the scheduled appointment time.
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 high confidentiality . 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. MINDFUL ADVENTURES - ARIEL NACHMAN KENT agrees not to disclose any information pertaining to the Client - in addition to and especially, the types of information covered in the terms and conditions, without the Client’s written consent. MINDFUL ADVENTURES - ARIEL NACHMAN KENT will not disclose the Client’s name as a reference without the Client’s consent. Confidential Information does not include information that: (a) was in MINDFUL ADVENTURES - ARIEL NACHMAN KENT 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 MINDFUL ADVENTURES - ARIEL NACHMAN KENT from a third party, without breach of any obligation to the Client; (d) is independently developed by MINDFUL ADVENTURES - ARIEL NACHMAN KENT without use of or reference to the Client’s confidential information; or (e) MINDFUL ADVENTURES - ARIEL NACHMAN KENT is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to MINDFUL ADVENTURES - ARIEL NACHMAN KENT and as a result of such disclosure MINDFUL ADVENTURES - ARIEL NACHMAN KENT 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 MINDFUL ADVENTURES - ARIEL NACHMAN KENT in a timely manner.
6) Anonymous Referencing
According to the ethics of this profession, topics may be anonymously and hypothetically shared with others training, supervision, mentoring, evaluation, and for coach professional development and/or consultation purposes.
7) Cancellation Policy Client agrees that it is the Client's responsibility to notify MINDFUL ADVENTURES - ARIEL NACHMAN KENT 24 hours in advance of the scheduled calls/meetings. MINDFUL ADVENTURES - ARIEL NACHMAN KENT reserves the right to bill Client for a missed meeting. MINDFUL ADVENTURES - ARIEL NACHMAN KENT will attempt in good faith to reschedule the missed meeting.
8) Record Retention Policy
The Client acknowledges that the MINDFUL ADVENTURES - ARIEL NACHMAN KENT has disclosed his 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 (print or digital/electronic) for a period of not less than 1 year.
Either the Client or MINDFUL ADVENTURES - ARIEL NACHMAN KENT may terminate this Agreement at any time with 1 weeks written notice. Client agrees to compensate MINDFUL ADVENTURES - ARIEL NACHMAN KENT 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, MINDFUL ADVENTURES - ARIEL NACHMAN KENT 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 MINDFUL ADVENTURES - ARIEL NACHMAN KENT 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
If a dispute arises out of this Agreement that cannot be resolved by mutual consent, the Client and MINDFUL ADVENTURES - ARIEL NACHMAN KENT agree to attempt to mediate in good faith for up to (certain amount of time such as 30 days) after notice given. If the dispute is not so resolved, and in the event of legal action, the prevailing party shall be entitled to recover attorney’s fees and court costs from the other party.
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 the Court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
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) Binding Effect This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns. Please sign both copies and return one copy of this Client Agreement prior to the first scheduled coaching meeting. Retain one copy for your records and email the signed digital copy to other to: email@example.com