TERMS OF SERVICE AND COACHING DISCLAIMER
DEFINITIONS
- Professional Coaching is partnering with clients in a thought-provoking and creative process that inspires them to maximise their personal and professional potential. Professional Coaching is an ongoing professional relationship that helps people produce extraordinary results in their lives, careers, businesses or organisations. Through the process of coaching, clients deepen their learning, improve their performance, and enhance their quality of life.
- In each meeting, the client chooses the focus of the conversation, while the coach listens and contributes observations and questions. This interaction creates clarity and moves the client into action. Coaching accelerates the client’s progress by providing greater focus and awareness of choice. Coaching concentrates on where clients are now and what they are willing to do to get where they want to be in the future. Coaches recognise that results are a matter of the client’s intentions, choices and actions, supported by the coach’s efforts and application of the coaching process.
- Professional Coaching Relationship: A professional coaching relationship exists when coaching includes an agreement (including contracts) that defines the responsibilities of each party.
- Client: The Client/Coachee is the person being coached.
- Conflict of Interest: A situation in which a coach has a private or personal interest sufficient to appear to influence the objective of his or her official duties as a coach and a professional.
1. SESSIONS + PROGRAM.
- We will initially be working together for a period of 6 months for a total of 12 sessions (12 x 60 min of coaching) and after that, you can remain on a rolling contract if you so wish where you can cancel at any time.
- You will have 12 x 1:1 sessions that will take place via Zoom or face-to-face when appropriate.
- I will bring myself to the coaching sessions free from distractions and respectfully request that you do the same. If I have any reason to disturb our session, then I will add any extra sessions accordingly.
- If you fail to cancel in a timely manner (on a regular basis), I reserve the right to terminate our coaching relationship without prior notice.
- You will gain access to all of my relevant client materials and workbooks.
2. CALL PROCEDURE.
- The client will call the coach at the pre-arranged time and telephone number as scheduled, and the client pays the telephone/internet charges (if any) for the call.
- For any group coaching calls and classes, the coach will pay for the teleconference line, and the clients will pay for the call/internet charges into the conference line.
3. PAYMENT PROCEDURE.
- I reserve the right to change the fees/packages offered by Flow Up Global Ltd but will always honour the agreed rate for the agreed time period that was set at the beginning of our work together. However, should you decide to continue your coaching work with Flow Up Global Ltd after the completion of the initial package, there is no guarantee the rates will be the same.
4. COMMUNICATION
- I welcome communication between our calls via email. It is my expectation that you will reach out if you hit a “sticky” spot that you would like some feedback on, and that you will share the successes that you have on the way to creating a life and business you love.
- I will endeavour to respond to your emails on the same day, Monday-Friday. There will of course be some exceptions due to illness, travel, holidays and the like. I will communicate clearly with you regarding times I am/will be unavailable. If you need an “emergency call” I can usually accommodate you within 24 hours, and I do not charge for calls that are 20 minutes or less. Calls that are longer than 20 minutes will be charged and invoiced separately.
- I welcome your input and questions along the way. Our relationship is a collaborative one, and the more you put into it, the more you will get out of it. Ask me questions, challenge my point of view, bring resources to the table that you have found, tell me where I am wrong, and share with me your insights along the way.
- I will also call or email you if there is something to share or if I have a thought or idea which might be useful to you between our sessions together. I love providing this extra level of service and will not charge you for it.
- Video calls may be recorded and shared with you. By entering into this agreement, you expressly consent to the recording of our conversations.
5. RELATIONSHIP.
- We are entering into a professional coaching relationship, and there is not, nor will there be, any type of therapy or psychological counselling. If these are needed or the need for them is identified at any stage in our relationship, it is your responsibility to seek these services from a licensed professional.
- You can expect that as your coach I will be honest and direct, asking straightforward questions and using challenging techniques to help you move forward. You are expected to evaluate your own progress; and, if the coaching is not working as you wish, you should immediately inform me, your Coach, so that we can both take steps to correct the problem. As with any human endeavour, coaching can involve feelings of discomfort and frustration which may accompany the process of change. Coaching does not offer any guarantee of success.
- A fundamental part of our relationship is the Core Values of Mutual Confidence, Mutual Trust and Mutual Respect. You understand and agree that if there is a breakdown in any of these core values, I reserve the right to terminate our agreement forthwith.
- I will refrain from unlawful discrimination in occupational activities, including age, race, gender orientation, ethnicity, sexual orientation, religion, national origin or disability.
- I shall strive at all times to recognise any personal issues that may impair, conflict with or interfere with my coaching performance or our professional coaching relationship. I will promptly seek the relevant professional assistance and determine the action to be taken, including whether it is appropriate to suspend or terminate our coaching relationship whenever the facts and circumstances necessitate it.
6. CONFLICTS OF INTEREST.
- As a coach, I seek to be conscious of any conflict or potential conflict of interest, openly disclose any such conflict and offer to remove myself when a conflict arises.
7. PROFESSIONAL CONDUCT.
- I will speak ethically about what I know to be true about the potential value of the coaching process or of me as a coach.
- I will carefully explain and strive to ensure that, during our introductory call, you understand the nature of coaching, the nature and limits of confidentiality, financial arrangements, and any other terms of the coaching agreement.
8. COMPLIMENTARY BONUSES.
- Wholly at my discretion, and only during the term of this agreement, you may receive complimentary access to additional training you need to help you from my courses. You understand and agree that I reserve the right to withhold or cancel this access/bonus at any time and without notice and without having to give a reason. Complimentary bonuses are goodwill gestures meant to enhance the coach/client experience and to broaden the horizon for the client and have no commercial or monetary value for the purposes of our agreement.
9. NON-COMPLIMENTARY ADD-ONS, EXTRAS, UNSCHEDULED CALLS/SESSIONS.
- In the course of our coaching programme, you may express the need for additional call sessions, packages, support and the like, which are not covered by this agreement. We can discuss this and agree on a separate fee, payable immediately upon request.
10. MISUNDERSTANDINGS.
- An important part of the coaching relationship is the coach’s role in providing challenges and encouraging the client to push him/herself. However, this must always be done sensitively and appropriately for the individual client. If I say or do something that upsets you or does not feel right, please let me know. I want to provide you with the service and support you need and believe that honesty and trust are critical for our relationship to grow. I want this to be an open and safe place for you to come with confidence, and I ask that you let me know if there is ever anything that you are concerned about in our work together so that I can do what is necessary for you to be satisfied and happy.
11. GUARANTEES.
- You recognise that Flow Up Global Ltd will always have your best interests at heart and that with hard work and an open mind, you can make life-changing strides in your life towards your goals. However, as with anything in life, there are no guarantees and your success is dependent on your efforts outside of the Flow Up Global Ltd as well.
12. YOUR RESPONSIBILITIES.
- You understand that coaching is not advice-giving, psychotherapy or counselling. You agree to seek these or other professional services if needed.
- You are fully responsible for the decisions and actions you take regarding your life and affairs.
- You agree to be mindful of your own well-being during the course of this coaching process.
- You will in no way hold the coach liable or responsible for any actions you take during or after this coaching relationship.
- You understand that the coach makes no guarantees or warranties, expressed or implied, about any results to be achieved.
- You agree that, during the term of our agreement and at any time thereafter, you will not engage, directly or indirectly, in any communication, oral written or otherwise, with any person or entity; or through any media outlet which constitutes a derogatory or disparaging statement against me, Tomasz Drybala and Flow Up Global Ltd, and any other member or any other third party.
13. TERMINATION.
- Either party may terminate the coaching relationship for any reason by providing the other party with a one-week written notice, which may be transmitted by email.
- Notwithstanding the foregoing, you, the client, will not be relieved of any obligations to pay fees due to the Flow Up Global Ltd solely because of the termination of this agreement.
- I, the coach, will be entitled to terminate this agreement forthwith, and without prior notice, in the event you commit a serious, fundamental breach of this agreement arising from, but not limited to, an irretrievable breakdown in one or more of the core values of mutual confidence, mutual trust and mutual respect.
14. REFUNDS.
- There will be no refunds on packages paid for in advance in any circumstances where there has been a transfer of commercially valuable intellectual property from the coach to the client.
- Wholly at my discretion, a refund may be made for a package where there are exceptional circumstances.
- Refunds in other circumstances will be considered on a case-by-case basis and may include situations where the coach has decided it would not be in the best interests of the client and coach to continue with the coaching programme.
- An administration fee of 10% will be deducted from a refund to cover banking and overhead charges unless waived by agreement between the coach and client.
15. CONFIDENTIALITY AND MUTUAL NON-DISCLOSUR.
- You recognise that in the course of our work together you may divulge goals, future plans, business affairs, job information, personal and other such private information. I will not, at any time, either directly or indirectly, voluntarily use any such information for my own benefit or disclose this information to a third party. I will not voluntarily disclose that we are in a coaching relationship without your expressed written permission.
- In order to honour and protect my intellectual property, you expressly agree not to disclose or communicate any proprietary information about my practice, materials, or methods to any third party.
- We both agree to be bound by this mutual non-disclosure agreement during and after the termination of the coaching relationship.
- Some sessions are conducted in groups, including teleconference groups. You agree to maintain the confidentiality of all information communicated to you by other coaching clients and by me. It is understandable that progress is often enhanced when clients discuss their coaching relationship with trusted colleagues and friends. You can have these discussions with trusted colleagues and friends, but you agree not to share any information which would allow others in the group to be identified.
- The client should be aware that it is impossible to protect the confidentiality of client information which may be transmitted electronically, i.e., electronic mail and other information stored on computers connected to the internet, by cordless or mobile telephones and similar telecommunication and computer equipment. Therefore, it is agreed between us that unless you utilise encryption and other forms of security protection, you waive any action legal or otherwise against me and hold me harmless for any interception of your information resulting from the use of the above-mentioned equipment.
- I will maintain, store and dispose of any records, including electronic files and communications, created during our coaching relationship in a manner that promotes confidentiality, security and privacy and complies with any applicable laws and agreements.
16. AMENDMENT OR VARIATION.
No amendment or variation of this agreement will be effective unless it is in writing and signed by each of us.
17. SEVERABILITY.
In the event that any clause or any part of this agreement is unenforceable, the remaining terms and conditions of this settlement agreement shall remain fully enforceable.
18. COPYRIGHT NOTICE
Copyright © Tomasz Drybala & Flow Up Global Ltd 2023
- We Flow Up Global Ltd are the owners of all intellectual property rights in all materials
provided to you or information shared with you at/in the coaching programme/event/materials (“materials”).
- The materials are protected by copyright laws and treaties around the world. Where we are legally able to do so, we grant you a worldwide, non-exclusive, royalty-free, revocable licence to use the materials for your own purposes only. You may not reproduce in any format or share or disclose to any person any part (or all of) the materials without our prior written consent.
- Other than the above, we do not grant you any other rights in relation to the materials and all other rights are reserved. For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast, or show or play in public any or all of the materials (in any form or media) without our prior written permission. You may not without our prior written consent make any audio or visual recordings of any part of the coaching programme/event/materials.
19. DISCLAIMER.
- You agree that you are participating in the coaching programme/event at your own risk and that we shall not be liable under any circumstances for any matter arising out of your participation (other than for matters for which we are not legally able to exclude or limit liability).
- Due to the nature of coaching, we do not guarantee any particular result. We will endeavour to ensure that all information that we provide is accurate and up-to-date but we shall not be liable for any claims arising from such information being inaccurate or not up-to-date or otherwise.
20. DISPUTE RESOLUTION.
- In the event of a dispute or claim arising out of or relating to this agreement, it is agreed between us that it shall be settled by arbitration by an accredited individual or organisation with an arbitrator whom we mutually agree upon; and the arbitration may occur by telephone. The decision of the Arbitrator shall be final and binding on both parties.
21. APPLICABLE LAW AND JURISDICTION.
- 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 the laws of England and Wales and the courts of England shall have exclusive jurisdiction.
22. ENTIRE AGREEMENT.
- This contract constitutes the entire agreement between the client and the coach. Your signature below, as the client, acknowledges that you have read the information contained in this agreement; and indicates your assent to the terms of this agreement; and signifies your assurance that you will abide by its terms and conditions and will honour them during our professional coaching relationship. The parties to this agreement will hold duplicate originals of this document which have been signed and dated by both parties.
Last updated: 21 April 2022