Coaching Terms & Agreement with Dr. Wendy O'Connor

***The following agreement outlines the terms and conditions. The logistics about the program have been italicized and bolded for ease of reference.***

This Coaching Client Agreement (hereinafter "Agreement"), is made effective as of the date of purchase, by and between the following parties:

Dr. Wendy O'Connor, hereinafter referred to as "Coach," and you (the purchaser), hereinafter referred to as "Client,"

1.    Introduction

If you buy coaching services from me (any reference to ‘services’ in this agreement is to coaching services) you agree to be legally bound by this contract, including the details of the coaching program which are set out in the services description on the website or any coaching program or additional services which may be set out in a services description agreed between us in the future.

2.    Information I Give You

Certain sections of this contract only apply to you and me if you are a ‘consumer’, that is if you are an individual acting for purposes which are completely or mainly outside your business, craft or profession. By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that if you are a consumer I must give you certain key information before a legally binding contract between you and me is made (see the summary box below). 

I shall give you this information in a clear and understandable way either in the main body of this contract together with the description of the services at the end or in any services description agreed between us in the future.

I shall give you information on:
  • the main characteristics of the services you want to buy
  • who I am, where I am based and how you can contact me
  • the price of the services
  • the arrangements for payment, carrying out the services and the time by which I shall carry out the services
  • how to exercise your right to cancel the contract
  • my complaint handling policy

3.    Ordering Services From Me

If you buy coaching services from me (any reference to ‘services’ in this agreement is to coaching services) you agree to be legally bound by this contract, including the details of the coaching program which are set out in the services described on the website or any coaching program or additional services which may be set out in a services description agreed between us in the future.

  1. Any quotation given by me before you make an order for services is not a binding offer by me to supply such services.  Any prices set out in a quotation remain valid for 30 days.
  2. When you decide to place an order for services with me, this is when you offer to buy such services from me.
  3. I may contact you to say that I do not accept your order, for example, if I do not think my services are right for you or there has been a mistake in the pricing or description of the services, or my circumstances have changed since I gave you the quotation for the services. 
  4. I shall only accept your order when I confirm this to you by sending you a confirmation email.  At this point: 
    1. a legally binding contract will be in place between you and me, and
    2. I shall start to carry out the services as set out in the description of the relevant service and we will start our session plan process (separate document.)

4.    Carrying Out The Services

  1. If you are a consumer, you have protection under consumer rights legislation, including that the services must be carried out with reasonable care and skill.
  2. I shall carry out the services within the time which is set out in our session plan document.
  3. All coaching sessions (including rearranged sessions) must be taken within the program timeframe specified (we will agree this together) in the relevant services description or they will expire.  
  4. Unless we agree otherwise you can rearrange any coaching sessions during a program providing you give me at least 36 hours’ notice.  If you give me less than 36 hours’ notice you will be deemed to have taken the session and you will not be able to reschedule it or entitled to any compensation for missing it.
  5. Sessions usually take place remotely via the means of communication agreed with you in advance (phone call, doxy and zoom)
  6. My services might be affected by events beyond my reasonable control. If so, there might be a delay before I can restart the services.  I shall make reasonable efforts to limit the effect of any of those events, I shall keep you informed of the circumstances and I shall try to restart the services as soon as those events have been fixed. Examples of events which might be beyond my reasonable control include if you change the services you require from me and I have to do extra preparation.

5.    Your Responsibilities

  1. You will pay the price for the services in accordance with the description of the relevant service.
  2. You will provide me with such information and assistance (and ensure that any information is complete and accurate) as I reasonably need to provide the services.
  3. We shall agree on a method of communicating with each other between sessions and adhere to that method.
  4. Mindset coaching is not therapy or counseling.  It may involve all areas of your life.  You acknowledge that deciding how to handle any issues which may arise, the choices you make in relation to them, and following through on any agreed action is exclusively your responsibility.  For this reason, although I fully expect great things to happen, I cannot guarantee any specific outcomes or that all clients will achieve the same results.
  5. My role is to offer you guidance and accountability and help you make positive lifestyle changes to make progress towards your end goals.  The information I provide to you is not medical advice and is not intended to take the place of seeing licensed health professionals.
  6. Coaching does not treat mental disorders and is not a substitute for counseling,, psychotherapy, psychoanalysis, mental health care, or medical treatment of any kind.  By entering into this agreement you confirm that you will not use it in place of any form of therapy.
  7. If you are currently receiving treatment from a doctor or other healthcare professional, by entering into this agreement you confirm that you have consulted with this person regarding the advisability of working with a coach and that this person is aware of and supports your decision to proceed with the mindset coaching program described in the description of the relevant service.
  8. You will keep me informed of any changes to your medical health or personal circumstances.

6.    Charges And Payment

  1. The price of the services is set out in the description and website of the relevant service.
  2. All fees are non-refundable except for:
    1. If you are a consumer you have a right to a ‘cooling-off’ period, as described below;
    2. where I cancel a program other than under 12.3 below, you are entitled to a partial refund for sessions that you have paid for in advance and which you have not received.
    3. Payment is via bank transfer, PayPal or Square is agreed between us and set out in the description of the relevant service.
    4. Usually, I require payment in full in advance for my programs but in certain circumstances, I may offer a payment plan where you can pay monthly in advance, in which case a supplementary fee will be chargeable. The relevant services description will state if I have offered a payment plan. If I offer a payment plan and you fail to make any of the payments on the due date then I reserve the right to invoice you immediately for the whole of the outstanding balance of the program fee and payment for that invoice will be due by return.
    5. If your full payment is not received by me under clause 6.2, or any payments due under 6.4 are not paid on the due date, all coaching sessions will cease until full payment is made and I may also charge interest on any balance outstanding.

7.    Cooling Off Period For Consumers

  1. This whole section only applies to you if you are a consumer.
  2. You have the right to cancel this contract within 7 days of signing up without giving any reason.
  3. The cancellation period will expire after 7 days of the date of the contract.
  4. However, if you confirm to me you wish me to start to provide the services during the 7 day cancellation period then you lose your right to cancel.
  5. Following confirmation from you under 7.4, if you start a program during the cancellation period and subsequently decide that you do not wish to proceed with the sessions, I am not able to refund to you any of the payments you have made as payment is for the program as a whole, not individual sessions.  Furthermore, in these circumstances, if I have offered a payment plan, clause 6.4 will apply and I shall send you an invoice for the whole of the outstanding balance.  This is a reflection of the of the amount of preparation I need to put into the program to make it most effective for you and the amount of time I shall dedicate and set aside for preparing for and attending our sessions together.  This policy also helps you with your own accountability and commitment to improving your life and your business through the services.

8.    Effects Of Cancellation In The Cooling Off Period By Consumers

  1. This whole section only applies if you are a consumer
  2. If you cancel this contract in accordance with the cooling-off period in clause 7.2, I shall reimburse to you all payments received from you except where I am allowed to keep such payments for example where I have started carrying out the services within the 7–day cancellation period.
  3. I shall make the reimbursement promptly and using the same means of payment as you used for the initial transaction unless we have expressly agreed otherwise.

9.    Intellectual Property

If I provide you with any materials during the services, whether digital or printed, any included in those materials belongs to me and unless we agree otherwise you can only use those materials for your own personal use and you may not share them with third parties.

10.    How I May Use Your Personal Information

  1. I shall use the personal information you give to me to:
    1. provide the services; 
    2. process your payment for the services; and 
    3. inform you about any similar products and services that I provide, though you may stop receiving this information at any time by contacting me.
  2. All information shared by you will be kept strictly confidential, except when releasing such information is required by law. 
  3. I shall not give your personal information to any third party unless you agree to it.

11.    Resolving Problems

  1. In the unlikely event that there is a problem with the services, please contact me as soon as possible and give me a reasonable opportunity to sort out any problems with you and reach a positive outcome.
  2. I may at my option vary or re-perform the services if there is a problem and the terms of this agreement will apply to any re-performed services.
  3. If you are a consumer, nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.

12.    End Of Contract

  1. If a services description specifies a length of time for services to be provided, then subject to clause 12.3 below, the services will terminate at the end of that timeframe.
  2. If I provide services to you on an ongoing basis and the relevant services description does not specify a timeframe then either you or I may terminate those services by one month’s written notice to each other.
  3. Either you or I may terminate the services and this agreement immediately if:
    1. the other party commits any material breach of the terms of this agreement or a services description 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 the services or this agreement will be terminated if the breach is not resolved; or
    2. the other party commits or threatens to commit or is threatened with any act of insolvency under the Insolvency Act 1986.
  4. If this contract is ended it will not affect my right to receive any money which you owe to me under this contract.

13.    Limit On My Responsibility To You

  1. Except for any legal responsibility that I cannot exclude in law (such as for death or personal injury), I am not legally responsible for any losses that:
    1. were not foreseeable to you and me when the contract was formed
    2. were not caused by any breach of these terms on my part
  2. business losses, including loss of business, loss of profits, loss of management time, and loss of business opportunity.
  3. My total liability to you is limited to the amount of fees paid by you for the services.

14.    Disputes

  1. I shall try to resolve any disputes with you quickly and efficiently.
  2. If you and I cannot resolve a dispute using our internal complaint handling procedure and either of us want to take court proceedings, relevant US courts have exclusive jurisdiction in relation to this contract.
  3. US laws will apply to this contract.

15.    Third Party Rights

No one other than a party to this contract has any right to enforce any term of this contract.

16.    Acknowledgement

Client acknowledges that they have read this entire Agreement prior to entering into this Agreement. This Contract represents the parties’ final and complete understanding of this job and the subject matter discussed in this Contract. This Contract supersedes all other contracts (both written and oral) between the parties.

IN WITNESS WHEREOF, the Parties execute this Agreement as follows:

Client:__[Purchased on Kajabi platform] 

Signature:__[Purchase of product serves as your signature on this agreement]_______

Coach: Dr. Wendy O'Connor     Electronic Signature: Dr. Wendy O'Connor