Terms and Conditions of Service
When an individual coaching/mentoring agreement is made it is done so between:
Anna Rae-Jones, Coach and Mentor of everyleaf and the Coaching Client whereby the Coach agrees to provide Coaching or Mentoring Services for a Client depending on Client preference. This preference will be established at the beginning of Coach/Mentor Client contact. The choice can either be to solely have Coaching or Mentoring or could have time allocated to both styles.
Description of Coaching:
Coaching is a partnership (defined as an alliance, not a legal business partnership) between the Coach and the Client where the Coaching process uses creative and thought-provoking communication with open ended questions. The aim is to inspire Clients to find their own answers to maximise their personal and professional potential. Coaching is designed to facilitate the creation of personal, professional or business goals and for the client to develop strategies to help carry these out. Goals can be identified in partnership between Client and Coach, but are set by the Client.
Description of Mentoring:
Mentoring is a partnership (defined as an alliance, not a business partnership) between the Mentor and the Client using a process of communication with open ended and/or leading questions, creative problem solving and at times for the Mentor to provide guidance and expertise towards the Client developing ways to maximise their personal and professional potential. Mentoring is designed to facilitate the creation of personal, professional or business goals. Goals can be set by the Client, or Client and Mentor in partnership.
2) Coach-Client and Mentor- Client Relationship
a) The Coach follows the ethics and standards of behaviour which have been established by the International Coach Federation “(ICF)” (Coachfederation.org/ethics). It is recommended that the Client review the ICF Code of Ethics for more information.
b) All the ICF standards for coaching described in a) that are deemed appropriate by the Coach/Mentor to be applied to mentoring are followed when using a mentoring approach.
c) The Client is solely responsible for maintaining his/her own mental, emotional and physical well-being, making their own choices, actions and decisions which arose out of the coaching relationship and interactions face to face, by phone or by computer with the Coach/Mentor. As such, the Client agrees that the Coach/Mentor 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/Mentor.
d) The Client understands coaching and mentoring are not therapy and do not substitute for therapy if needed, and do not prevent, cure, or treat any mental disorder or medical disease.
e) The Client understands that if gaining mentoring, there are no expectations or requirements from the Mentor that the Client needs to carry out any of the guidance or goals set during a session. The Client is solely responsible for making a judgement whether they believe the guidance or goals are useful and worthy of application. As such, the Client agrees that the Mentor 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 Mentor.
f) The Client acknowledges that he/she is able to discontinue or terminate the coaching relationship at any time.
g) The Client acknowledges that coaching/mentoring is a comprehensive process which may involve all different aspects of his or her life, including relationships, connections, health, education, work, finances, work/life balance, life direction and purpose, creativity, motivation and interests. The coaching/mentoring Client agrees that they are exclusively responsible on deciding how to handle these issues and incorporate the coaching principles raised into each topic discussed. The Client is the leader of the coaching/mentoring conversation and can steer to or from subjects as they choose during a session.
h) The Client acknowledges that coaching/mentoring does not involve the diagnosis or treatment of mental disorders and cannot be used as a substitute for mental health care, counselling, psychoanalysis, psychotherapy, substance misuse treatment, or other professional advice by legal, medical or other qualified professionals. 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/mentoring relationship agreed upon by the Client and the Coach/Mentor.
i) If the Coach/Mentor identifies with the Client that their current issues are not appropriate for that of a Coach or Mentor and more suitable for a service mentioned in h) then the Coach/Mentor reserves the right to bring the coaching relationship to an end at any point in the relationship. This would be done with verbal notice either during the final session or by phone and during the conversation the Coach/Mentor will offer to signpost the Client to other potential sources of assistance.
j) The Client understands that in order to enhance the coaching/mentoring relationship, the Client agrees to communicate honestly, be open to assistance and feedback and to create the energy and time to participate fully in all sessions.
3) Services/Schedules and Fees
After an initial free consultation of approximately 30 minutes either by phone or in person, the two parties (Coach/Mentor and Client) can agree to engage in a single initial session of 90 minutes then make an addition of a block of 4 or 6 sessions (paid in advance) in order to gain a further discount in price. Please see One to One Charging for current pricing and session structures. Blocks of sessions can be repeated to form a more ongoing Agreement if so desired by the client. If a block of sessions are agreed the Coach/Mentor will be available to the Client by e-mail and voicemail in between scheduled sessions. Every effort will be made to answer Clients queries promptly however the Coach/Mentor cannot guarantee timescales for replies, as any queries may fall within periods where the Coach/Mentor is on leave or having a period of absence.
The current pricing is available in the One to One Charging document. If rates change as or during any Client Agreement is made, the prevailing rates will apply.
The refund policy in effect for the term of the Client to Coach/Mentor Agreement is as follows:
Single sessions are paid during/at the end of the session by cash or cheque or within 3 working days after the session by direct bank transfer.
Booked single sessions can be cancelled and no charge made anytime up to 24hrs before the session is due. If less than 24hrs notice is given then the Coach/Mentor will request to claim the time back as a loss of earnings and need to charge for the session in full. If there are extenuating circumstances leading to the Client to cancel within 24hrs the Coach/Mentor can waiver the ‘loss of earnings’ policy and re-arrange the date/time with a Client if there is another means to do so easily.
Any pre-paid sessions in blocks cannot be refunded unless there is a termination of the coaching/mentoring agreement. This is due to the fact that other mutually agreeable dates can be found if for some reason a Client needs to change or cancel the booked appointments. Please note the 24hr notice policy still applies to block booked sessions. Sessions cancelled with less than 24hrs notice will be lost.
The time of the coaching meetings, location, dates and times will be determined by the Coach/Mentor and Client. Sessions can take place over the phone, at the Clients own home, out of doors either taking a walk or carrying out an activity (usually gardening or making outdoor art works), or in a confidential indoor space offered by the Coach/Mentor. Cafe’s and public spaces can be used but confidentiality needs to carefully be considered by the Client and is up to them to decide if they wish to meet in such settings. For phone sessions, the Client will initiate any scheduled calls and will call the Coach/Mentor at the following number for all scheduled meetings 07814 830689. If the Coach will be at any other number for a scheduled call, the Client will be notified prior to the scheduled appointment time.
Any activities carried out during the session like gardening, walking or making art are done so on the basis that the Client is responsible for their own health and safety. The Coach/Mentor will offer activity options to the Client if they choose to be outdoors and it is up to the Client to say if they are fit, able and whether or not they prefer to carry out any activity. The Coach/Mentor does not provide any materials, tools or personal protective equipment eg. gloves. It is the responsibility of the Client to assess and provide any appropriate equipment to carry out the task safely.
This coaching/mentoring relationship, as well as all information (documented or verbal) that the Client shares with the Coach/Mentor as part of this relationship, follows the principles of confidentiality of the ICF Code of Ethics. However, the Coach/Mentor-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/Mentor agrees not to disclose any information pertaining to the Client without the Client’s written consent.
The Coach/Mentor 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 use of or reference to the Client’s confidential information; or (e) the Coach is required by statute, lawfully issued witness summons 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 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/Mentor in a timely manner.
The Coach/Mentor equally is responsible to inform the Client should they have any concerns about maintaining Coach/Mentor to Client boundaries and confidentiality for example if they discover a conflict of interests or a personal connection to the Client via a friend or work colleague. Once the Client is aware of the facts there is opportunity for both parties to assess the concern and whether it is suitable to terminate the coaching Agreement.
6) Data Retention Policy
Retention of person identifiable data is as follows:
Client name, phone number and e-mail address will be kept for the duration of the coaching/mentoring process then deleted by the Coach/Mentor once the process ends unless the Client would like these pieces of data to be kept longer in order to stay in touch with the Coach/Mentor.
Any rough notes taken as memory prompts during sessions or any other details kept about content of the work/goals with Clients will be anonymised and kept in safe storage by the Coach/Mentor for the duration of the coaching/mentoring sessions and for a maximum of 3 months after the sessions end (if the Client expresses they may wish to return). Clients can ask at any time to have possession of these notes instead.
7) Termination of agreement
Either the Client or the Coach/Mentor may terminate their Agreement at any time with notice of 1 week. The Client agrees to ensure the Coach/Mentor is paid for any outstanding coaching/mentoring services already provided or to be provided during the final week.
8) Limited Liability
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/mentoring services negotiated, agreed upon and rendered. In no event shall the Coach/Mentor be liable to the Client for any indirect, consequential or special damages. Notwithstanding any damages that the Client may incur, the Coach/Mentor’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/Mentor under this Agreement for all coaching services rendered through and including the termination date.
9) Entire Coach/Mentor Client Agreement
This document reflects the entire agreement between the Coach/Mentor and the Client, and reflects a complete understanding of the parties with respect to the subject matter. This supersedes all prior written and oral representations.
10) 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 given. If the dispute is not so resolved, and in the event of legal action, the prevailing party shall be entitled to recover lawyer’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.
13) Applicable Law
This Agreement shall be governed and construed in accordance with the laws of Great Britain.