Jonn Kares Standard Coaching Services Agreement v2.6, 9.2024

This Coaching Agreement describes the terms of my 1-on-1 private Coaching Services in effect from the start of all Coaching Programs, and which are applicable during both free and paid Sessions.

To confirm our mutual understanding, please review this Coaching Services Agreement.

By purchasing Coaching Services from me you are accepting and agreeing to these Terms.


TLDR (Too Long, Didn't Read) Executive Summary

  1. All purchases are final, with no refunds. No refunds are offered for any missed Sessions
  2. No Sessions in any paid Coaching Program can be scheduled until all due payments are received in full (or prior to each individually-booked single Session outside of a Program)
  3. Should a Coaching Program be terminated by either one of us before its natural expiry, you will still continue to be responsible to make any outstanding monthly payments that may still remain if you are on a monthly payment plan
  4. Monthly subscription coaching packages and services automatically renew at the end of each billing cycle. A monthly subscription package or service must be cancelled at least 48 hours before the end the current billing cycle to avoid automatically being charged for the next billing cycle. No refunds are given for any part of active subscriptions cancelled before the end of the current billing cycle.
  5. 24-hour advance notice is required to re-schedule or cancel any scheduled Session.
  6. Any Session cancelled or re-scheduled with less than 24 hours notice counts as a Missed Session.
  7. For Programs with a specified number of regularly scheduled Sessions, Missed Sessions are deemed a completed Session in the total number of Sessions that are included in the Program you have purchased, and no refund will be given.
  8. For Programs with no regularly scheduled Sessions, after three (3) Missed Sessions your participation in the Program will be canceled, and no refund will be given.
  9. If you are late and I have not received an email from you within 15 minutes of the scheduled start time, I will consider the appointment cancelled or re-scheduled with less than 24-hours advance notice, and will count as a Missed Session, and no refund will be given.
  10. Repeated Missed Sessions, either from tardiness or providing insufficient cancellation or re-scheduling notice, can result in this Services Agreement being terminated, and no refund will be given.

    Coaching Services Agreement

    Welcome to our coaching relationship.

    I am excited about supporting you on your on-going journey of personal discovery.

    I have found the coaching process to be very powerful in my own life, and I'm looking forward to sharing the coaching process with you.

    This Agreement describes the general standard terms of our coaching relationship.

    My coaching approach is aligned with the International Coaching Federation’s Code of Ethics. 

    COACHING SERVICES
    The Coaching Services I provide are not intended to be professional advice, therapy, consulting or counseling, but certainly may address specific personal or professional goals and/or general conditions in your life.

    The Coaching Services to be provided by me to you are by video-conference or by telephone, unless in-person face-to-face Sessions are required (which are provided under a separate fee structure).

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

    During the period of our working together, contact by email, usually initiated by you, is welcome and encouraged should you have a problem or concern, or if you can’t wait to share a success with me. You can send email to jonn@jonnkares.com.

    For my clients in Programs with regularly scheduled Sessions, if needed, and subject to my availability, I can make time between our scheduled Sessions to meet with you. I am committed to providing this extra level of care. And while I do not bill for this extra time, I ask that you keep these occasional Zoom calls just for situations that are truly urgent.

    Designing the Alliance
    My approach to coaching is about you as a whole person—your values, goals, work aspirations, dreams, priorities, and life purpose, helping you remain focused on your bigger picture. We will always be working together in ways only specific to you and your needs. This is called designing the alliance, and is something we can re-design whenever we need to. Coaching is flexible that way. We have already begun to design our alliance and are further refining it with this Coaching Agreement.

    This a 200% relationship – 100% from both of us
    Feel free to accept, modify or simply decline any suggestion or request that I may present to you as part of the coaching. Should you ever determine the coaching is not working as desired, you agree to communicate and take actions to return momentum to the coaching relationship. I agree, too, to always do the same.

    Throughout our working relationship, our conversations will be very direct and personal. You can count on me to be honest and straightforward during our Sessions as the purpose of our interaction is to hold focus on your desired outcomes, and to coach you to stay clear and in action. You understand that the power of the coaching relationship can only be granted by you—and you agree to do just that.

    Part of what makes coaching effective is recognizing that feelings are a normal and healthy part of being human and that through our coaching relationship, awareness and curiosity may be brought to your feelings so that you can make more informed choices and move into your desired action. You understand that coaching does not deal with any psychological antecedents to emotions—that is the realm of therapy.

    My objective is to have a coaching relationship that is fully open, honest, trusting, and real. We both realize that communication via video, telephone or email entails extra challenges since we cannot see all intangible aspects of human communication. We agree to give each other plenty of latitude, and promptly ask for clarification if there is a misconnection, misunderstanding, or miscommunication, or any confusion about what is being meant.

    It is agreed I cannot guarantee results, and the outcomes of Coaching Session conversations is entirely and solely your responsibility. You agree to never hold me responsible in any way for the outcomes of any kind resulting from our coaching conversations, nor decisions that you may make before, during or after any of our Coaching Sessions or coaching conversations.

    Should I be prevented from or delayed in performing my obligations 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.

    Confidentiality
    For coaching to be effective, a safe and secure environment is paramount.

    In support of that, I hold all of the information that we discuss to be strictly confidential, and guarantee to never share such Confidential Information in any way that directly identifies you with any other party without direct, written permission authorized by you, except:

    • As is required by law, should I have any reason to fear for your or another person’s safety, or if I should learn of illegal activity
    • Any information which is already in, or comes into, the public domain otherwise than through my unauthorized disclosure, or was already in my possession before your having disclosed it to me
    • Any information rightfully obtained by me from a third party lawfully in possession of such Confidential Information who is not bound by confidentiality obligations to you, and that should they be so bound and reveal such Confidential Information to me without indicating it as being Confidential Information that I then unknowingly share, it is that third party that shall be recognized as having been the sole source of that breach of confidentiality

    You are always free, without limitation, to disclose to third parties any information as you wish about our Coaching Sessions.

    Only with your consent, or at your request, can Sessions be audio and/or video recorded digitally, and/or mechanically-generated transcripts be produced, for the sole purpose of possible future review by you and/or me. You will always be able to download such recordings and/or transcripts and to keep your own copies. Any such recordings and/or transcripts are always securely stored via encryption and are never transmitted via unsecured channels. Any such recordings and/or transcripts are only retained by me while I am providing Coaching Services to you, after which they are permanently and irretrievably destroyed.

    Similarly, if you have enrolled in any online journaling program I might offer, your entries are securely and confidentially stored only for the duration of your subscription, after which your digital journal entries are permanently and irretrievably destroyed, but you can easily download all your data before that for your own safe-keeping (which I encourage you to do).

    To acquire and/or maintain professional Coaching Credentials, I may be required to provide the names and contact information of my clients for possible verification by coaching certification bodies. You agree to have only your name, contact information and start and end dates of our Coaching Sessions shared with any certification bodies involved in this process for the sole and necessary purpose of verifying the coaching relationship. And as part of acquiring and/or maintaining professional Coaching Credentials I may be required to provide recordings and/or written transcripts of our Coaching Sessions to coaching certification bodies, and that I will only do so with your written consent and authorization.

    Intellectual Property

    In the course of my providing Coaching services to you I may rely on proprietary content I am permitted to use. I grant to you a limited, non-exclusive, non-transferable, non-sub-licensable revocable license to use all or any of the content or material that may be used in the delivery of my Coaching Services for your own purposes only, and only for the purposes for which the Coaching Services were provided.

    Data Protection & Privacy
    You acknowledge and agree that your personal data will be processed by and on behalf of me as part of my providing you with the Coaching Services as detailed in the Privacy Policy (which comprises part of this Agreement).

    Any third-party services I may rely on to deliver the Coaching Services (that may include but is not limited to CoachAccountable, Coaching Genie, Zoho, Wix, MailerLite, Thinkific, Simplero, Podia, Systeme, Zoom, Calendly, Zapier, PayPal, Stripe, etc.) will always be indicated to be GDPR-compliant.

    Any such third parties agree to respect the security of your personal data and to treat it in accordance with the law. Such third parties are only allowed to process your personal data for specified purposes and in accordance with my instructions.

    Computer Systems

    Despite best efforts to ensure their security, no computer system can ever be relied upon to be 100% secure. Neither I nor You accept any responsibility or liability for any outcomes resulting from any technical failures, security breaches, data hacks, or any other breakdown of computer systems or networks within or beyond our control.

    Private Client Access
    Our relationship is being assisted within a secure and confidential online environment. You will be using a unique username and password to your own personal private portal where you can schedule appointments, view and keep records of your progress, and communicate with me directly (or others if you are a member of a group coaching program) should you have questions, become stuck or want to share victories and/or celebrate wins and successes.

    You are responsible for maintaining the security of your user name and password login credentials to prevent unauthorized access to your portal. I agree not to share this login information with anyone.

    OUR SESSIONS

    What I request from you:
    We will agree to our Coaching Sessions schedule at the beginning of our relationship, and you agree to maintain that schedule, which can be adjusted if required.

    1. Please use my online scheduling tool that I provide to schedule your appointments with me.
    2. At our scheduled appointment times, we will connect via Zoom conferencing (the unique Zoom meeting link will be sent to you as you confirm each new appointment). If you so choose, Sessions can be securely recorded and/or written transcripts saved for your future review.
    3. Immediately prior to each Session, to prepare yourself, please take a few minutes to become calm, centered and grounded, focused on the experience that lies ahead. Be in a place where you are comfortable and can concentrate without being disturbed or otherwise distracted for the scheduled length of our Session. Please disable all electronic devices and notifications. Please do not plan to be driving or shopping or otherwise distracted while we are in Session.
    4. Please bring a topic to each Session and be ready to be coached. We cannot coach without a topic. Topics are always arising from your current agenda, concerns, priorities, wants or needs.
    5. Be ready and willing to talk about you. Our coaching time is completely dedicated to you, your growth, learning, and action. It is for you and only you.

    In return, I agree to offer you at all times:

    1. To always hold you as naturally creative, resourceful, and whole
    2. To be fully present during our Sessions, to be on time and ready to coach
    3. To be absolutely forthcoming, honest and authentic with you. I agree to hold your agenda as the primary focus of the coaching relationship
    4. To take risks and ask you the hard questions
    5. To speak frankly and without attachment, in service of your growth, learning and agenda


    FINANCIAL DETAILS

    1. No Sessions in any paid Coaching Package can be scheduled until all due payments are received in full (or prior to each individually-booked single Session outside of a Program)
    2. All fees are charged in USD$ (Canadian Residents: fees include HST)
    3. There are no refunds. All purchases are final. No refunds are offered for any Sessions missed in a Program (see Cancellation/Rescheduling Policy below)
    4. Monthly subscription coaching packages and services automatically renew at the end of each billing cycle. Notice of intention to cancel a monthly subscription package or service must be made by email to jonn@jonnkares.com at least 48 hours before the end the current billing cycle to avoid automatically being charged for the next billing cycle. No refunds are given for any part of active subscriptions cancelled before the end of the current billing cycle.
    5. Should a Coaching Package be terminated by either one of us before its natural expiry, you will still continue to be responsible to make any outstanding monthly payments that may still remain if you are on a monthly payment plan
    6. Payments only by credit card via Stripe, PayPal, or other such online payment method

    Cancellation/Rescheduling Policy
    Time on my calendar is obviously not unlimited, and is shared among all of my clients. A scheduled appointment that you miss prevents me from serving someone else during that time period.

    If you need to cancel or re-schedule, please provide at least 24 hours advance notice before any scheduled appointment.

    Notify me by email at jonn@jonnkares.com of any scheduled appointment you might need to cancel or reschedule.

    · FOR COACHING PROGRAMS WITH A SPECIFIED NUMBER OF REGULARLY SCHEDULED SESSIONS
    Cancellations made with less than 24-hours advance notice     will be deemed missed and count as a completed Session for which no refund will be given. (Exceptions can possibly be made in extreme circumstances stemming from last-minute emergencies.)

    · FOR COACHING PROGRAMS WITH NO REGULARLY SCHEDULED SESSIONS
    Cancellations made with less than 24-hours advance notice     will be deemed missed. After three (3) such missed Sessions I reserve the right to terminate this Services Agreement, your participation in the Program will be canceled, and no refund will be given. (Exceptions can possibly be made in extreme circumstances stemming from last-minute emergencies.)

    Should I need to re-schedule with you, I, too, will provide at least 24-hours notice by email in advance of the scheduled time. If my notice to re-schedule is within the 24-hour notification period, I will provide a make-good Session at no charge.

    Punctuality, Missed Appointments & Infrequent Coaching Sessions

    Consistency of Sessions is important for coaching to be effective. For coaching programs with regularly scheduled Sessions, we will agree to a Coaching Sessions schedule at the onset of our working together. As we continue to work together, we are both free to amend this schedule with each other's mutual agreement.

    Should I determine you are exhibiting a pattern of canceling appointments or not scheduling new appointments in a timely manner, I reserve the right to terminate this Services Agreement, and no refund will be given.

    It is intended all Sessions will begin at the scheduled time. If you are late and I have not received an email from you within 15 minutes of the scheduled start time, I will consider the appointment cancelled with less than 24-hours advance notice, and no refund will be given. Sessions beginning less than 15 minutes late may be extended, depending on my availability that day, to make up for time lost by the late start.

    · FOR COACHING PROGRAMS WITH A SPECIFIED NUMBER OF REGULARLY SCHEDULED SESSIONS
    After two (2) missed Sessions, either from tardiness or providing insufficient cancellation and/or re-scheduling notice, I reserve the right to terminate this Services Agreement, and no refund will be given.

    · FOR COACHING PROGRAMS WITH NO REGULARLY SCHEDULED SESSIONS
    After three (3) missed Sessions, either from tardiness or providing insufficient cancellation and/or re-scheduling notice, I reserve the right to terminate this Services Agreement, and no refund will be given.

    Force Majeure

    No refunds are to be given should events arise beyond either of our control that prevent either of us from performing our obligations under this Coaching Agreement, including but not limited to natural disasters, war, threats or acts of terrorism, disruption of travel and/or telecommunications services, epidemics/pandemics, Government-mandated shutdowns, labor strikes, or riots/civil disturbances. In such circumstances, neither of us will bear any liability to the other, and we will both do our best to resume fulfilling our obligations as soon as is reasonably feasible.

    Term of Our Coaching Agreement
    This agreement is in effect for the duration of any period for which coaching services have been retained, as indicated on any issued invoice, with the specific exception of the confidentiality clauses which persist in perpetuity.

    Cancellation of Our Coaching Agreement
    In the rare and unlikely event that either one of us feels that it is in our best interest to discontinue the Coaching Services, the decision to do so must be in writing, and sent by email. In such cases, no refunds will be given, and if initiated by you I would request scheduling a ‘wrap-up’ Session to facilitate understanding and closure over the issue at hand; you, of course, would have the right to decline the request.

    Modifications to Our Coaching Agreement
    This Agreement constitutes our understanding between us, and supersedes any previous arrangement, understanding or agreement between us relating to the provision of the Coaching Services.

    Any concerns or issues that may come up for you about our working relationship can be discussed at any time so they can be modified to best enable my ability to serve you. Any agreed upon modifications to this agreement will be confirmed in writing.

    GENERAL TERMS

    1. This Agreement shall be governed and construed in accordance with the laws of Ontario, Canada.
    2. To the maximum extent permitted by applicable law, the Coach, his officers, directors, employees, contractors, suppliers, agents, licensors, and their respective successors and assigns will not be liable for any damages of any kind, including without limitation, any direct, special, indirect, punitive, incidental or consequential damages, and including without limitation any loss or damages: (i) incurred in connection with the Client’s use, misuse or reliance upon the coaching services or their content, or (ii) incurred by the Client’s inability to use the services, or by any loss of data regardless of the cause. The foregoing limitation shall apply even if the Coach knew of or ought to have known of the possibility of such loss or damage.
    3. Should a dispute arise out of this Agreement that cannot be resolved by mutual consent, the Coach and Client agree to attempt to mediate in good faith for up to 60 days after notice is given. If the dispute cannot be resolved, and in the event of legal action, the prevailing party shall not be entitled to recover attorney’s fees and court costs from the other party.
    4. 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.
    5. The failure by 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.

    Should you at any time have any questions or concerns please always feel free to contact me.

    I am looking forward to working with and serving you!

    Thank you,
    Jonn

    v2.6, 9.2024