Private Coaching Agreement

Professional Coaching is a supportive and educational partnership (defined as an alliance and not a legal business relationship) between a Coach and a Client utilizing thought-provoking and creative processes that inspire Clients to optimize change potential toward goal achievement. It is designed to facilitate the development of client-driven personal, professional, and/or business goals and to identify plans for achieving those goals. 

This Agreement is entered into by and between Prime Brain|Body|Mind 55+ers, Inc., and the below-signed Client whereby Coach agrees to provide Coaching Services for Client focusing on the Brain|Body|Mind-Performance Enhancement goal(s) set forth during the initial coaching assessment.

1)  Coach-Client Relationship

A. Coach agrees to maintain the commonly accepted ethics and standards of behavior of professional coaching as documented on the code of ethics overview webpage. 

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 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. Client understands coaching is not therapy or medical treatment and does not substitute for therapy, or psychotherapy, and does not prevent, treat or cure any mental/emotional disorder or medical disease. 

C. Client may terminate or discontinue the coaching relationship at any time with 30 days notice as described in item 10. 

D. Client acknowledges that coaching is a comprehensive process that may involve different areas of one’s life, including work, finances, health, relationships, education and lifestyle. The Client agrees that deciding how to handle these issues, incorporating coaching principles into those areas, and implementing choices is exclusively the Client’s responsibility. 

 E. 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 coaching process. 

2)  Services

The parties agree to engage in a specified by organization Coaching Services through in person, phone or video meetings.

2a) Client Obligations

Coaching is a collaborative process. For it to be successful, the Client acknowledges that they will:

• Be punctual, present, and undistracted during the coaching session;

• Invest time and energy into the coaching process;

• Independently participate in mutually agreed upon applicable assignments as an adjunct to coaching;

• Choose to disclose details of previous well-being history.

3)  Schedule and Fees

The private coaching agreement is valid as of the date filled out below. The calls/video sessions shall be 50 minutes unless specified otherwise. Client shall pay the agreed-upon fee in advance of the first coaching meeting. Unless otherwise agreed, fees are payable upon receipt of the invoice(s). Sessions may be suspended until payment is received. 

Services are generally non-refundable. The Client is requested to communicate ASAP any dissatisfaction with services rendered to support appropriate adjustments in response. In unusual urgent situations, this policy may be reviewed, without guarantee of a full refund. 

4)  Procedure

The time of the coaching meetings and/or location will be determined by the Coach and Client based on a mutually agreed-upon time. The Client initiates all scheduled calls and will call the Coach or initiate a Zoom or an in-person meeting at the scheduled session time. 

5) No Warranty

The Client acknowledges that the Coach cannot and does not promise or guarantee any result. The Coach plays the role of facilitator of change, but it is the Client's responsibility to enact or bring about the change. As such, the coach makes no representations or warranties, and the coaching is provided as-is. All warranties, express and implied, are expressly disclaimed.

6)  Confidentiality

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. 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. The Coach agrees not to disclose any information pertaining to the Client without the Client’s written consent. The Coach 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 the Coach’s 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 the Coach from a third party, without breach of any obligation to the Client; 

(d) is independently developed by the Coach without the use of or reference to the Client’s confidential information; or 

(e) the Coach is required by statute, lawfully issued subpoena, or by court order to disclose; 

(f) 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 serious 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 the Coach in a timely manner. 

7)  Testimonial

The Coach may request a voluntary testimonial for services provided.

8)  Intellectual Property

All intellectual property rights, including copyrights, patents, trademarks, service marks, trade secrets, and other confidential information, tradenames, and logos, owned by the Coach, shall remain the exclusive property of the Coach. The Client may not share the Coach’s intellectual property.

9)  Cancellation Policy

It is the Client's responsibility to notify the Coach 48 hours in advance of scheduled calls/meetings. The Coach reserves the right to bill the Client for a missed meeting(s) not canceled 48 hours in advance. The Coach will attempt in good faith to reschedule a missed meeting related to emergent situations.

10)  Termination

Either the Client or the Coach may terminate this Agreement at any time with 30 days' 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.

11) Indemnification

Each party (Coach/Client) agrees to indemnify and hold harmless the other Party and its respective affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees ad cost of any kind or amount whatsoever which results from or arises out of any act of omission of the indemnifying Party, its respective affiliates, officers, agents, employees and permitted successors and assigns that occur in connection with this Agreement. This indemnification survives the termination of this Agreement.

12)  Limited Liability/ Liability Release

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. The Client understands that the coaching is not to be used as a substitute for professional advice by legal, psychological, mental health, medical, nutritional, financial business, spiritual, or other qualified professionals. The Client agrees to seek independent professional guidance for such matters. The Client agrees that he or she is solely responsible for seeking independent professional guidance and the Coach has no responsibility to inform, direct or assist the Client in doing so.

The Client expressly waives and releases any and all claims, now or later known, against the Coach and its employees or contractors arising out of or attributable to the coaching. The Client agrees not to make or bring any claim against the Coach and forever release and discharge the Coach from liability under such claims.

The Client agrees that utilizing coaching is entirely at the Client’s own risk. The Coach is not responsible for any risk to the Client. Any actions or lack of actions, taken by the Client of such coaching, are done so solely by choice and responsibility of the Client and are neither the responsibility nor liability of the Coach. The Client takes full responsibility for the decisions they make after being coached as well as the consequences. The Client is fully responsible for his or her physical, mental, and emotional well-being during the coaching sessions and the duration of the coaching. The Client acknowledges that they are voluntarily participating in Coaching Services.

13)  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. The Agreement may not be amended, altered, or supplemented except in writing, signed by both the Coach and the Client.

14)  Dispute Resolution

If a dispute arises out of this Agreement that cannot be resolved by mutual consent, the Client and Coach agree to attempt to mediate in good faith for up to 30 days after notice is given.

15) Amendments

No amendment to or modification of the Agreement is effective unless it is in writing identified as an amendment to this Agreement and signed by each party.

16) Waiver

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.

17) Applicable Law

This Agreement shall be governed and construed in accordance with applicable laws, without giving effect to any conflicts of laws provisions.

18) Binding Effect

This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns.

Please sign and submit this Client Agreement ASAP and prior to the first scheduled coaching meeting. Please print and retain a copy for your own records.