Background
The Client is of the opinion that the Coach/Consultant has the necessary; qualifications, experience, and abilities to provide coaching/consulting/EFT practitioner services and is agreeable to providing such services.
Disclaimer
Recognition is made that despite her education, the client understands that Kallista is not acting as a financial advisor (i.e. CFP, CFA), Accountant, or Lawyer and thus commentary on one’s; estate plan, finances, or investments, are not to be construed as ‘financial’ or ‘legal’ advice. The client also understands that Kallista is not acting as a; mental health specialist, psychiatrist, or a medical professional. Nor are services intended to; diagnose, treat, or cure any mental health or medical conditions. Any physical discomfort and/or psychological stress, to the point that it is causing concern or interfering with the client’s ability to function, is ideally attended to through consultation with the appropriate; medical, psychiatric, or alternate health care practitioner.
Services Provided
Services are retained in order to cultivate the Client’s; personal, professional and/or business aspirations and create a plan to carry out those goals, and discussions related to removing conscious and unconscious barriers towards their attainment. Conversations, interactions, or assigned tasks are for the purpose of improving the Client’s personal and/or professional circumstances.
Terms of Agreement
Process
Client agrees to; communicate honestly and with sufficient detail so that the Consultant is abreast of relevant information. The Client also agrees to be open to feedback, as well as to engage and devote himself/herself to the process, including recommended homework activities. All services as well as information set forth via any recommended source, are intended to assist the client(s) in identifying that which may be restricting desired results.
Client Well-Being
Client acknowledges and agrees that coaching is a comprehensive process that may explore different areas of his/her life, including; work, finances, health, and relationships. The Client assumes complete responsibility for his/her; understanding, use of, prioritization, implementation and results from the ideas and materials presented The client understands that he/she is voluntarily responsible for his/her own choices, and for his/her own; physical, emotional, psychological, spiritual and financial well-being.
The client affirms that they will extend compassion to themselves, and others, recognizing that we all have different abilities and limitations and need to proceed at a pace that takes into consideration our capacity to; learn and increase self-awareness, along with other personal and external responsibilities.
compensation
The client will be charged for the Services.
A retainer is payable by the Client prior to Agreement. Given that the nature of coaching may at times challenge the client, the client agrees to commit to the entire series of sessions, and thus is not eligible for a refund if the client opts to terminate services without reasonable cause as determined by the service provider. The Client may request a refund, for reasonable cause on compassionate grounds. (i.e. a new medical condition which will prevent the clients use of the services), which may be subject to a processing fee(up to $250.00 CAD) for cancelled work. The nature of coaching involves challenging the client to stretch their comfort zone and thus abandoning a series of sessions upon temporary discomfort with the coaching process is not advised. Refunds are not available when the client abandons the coaching process. It is common for the subconscious saboteur to instigate thoughts of buyers remorse and an attempt to pull out to keep one in their current comfort zone and prevent growth. If work has been offered at a discounted rate, a refund is unavailable. Payment for invoices submitted by the Consultant to the Client is due within thirty (30) days of receipt, and is subject to late fees and interest of 2% per month.
Appointments
The schedule will be determined based on need and availability. Calls during business hours or email is the preferred form of communication outside of scheduled appointments. Responses to additional verbal or written inquiries between sessions, or their timeliness, cannot be guaranteed and if deemed warranted may be billed in conjunction with other pre/post session preparatory work.
The Client agrees to provide notification of a minimum of five business days of any scheduled session that he/she needs to cancel. The client accepts that he/she may be charged for any missed or cancelled meeting, as well as any preparation work for such meeting.
Reimbursement of Expenses
The Consultant will be reimbursed for reasonable and necessary expenses incurred in connection with providing the services, which may or may not include items such as; communication costs (i.e. long distance fees), travel expenses, (i.e. mileage), venue rental, technology, or other supplies.
Confidentiality
Confidential information refers to any data or information relating to the Client, whether business or personal, which would reasonably be considered to be private or proprietary to the Client and that is not generally known and where the release of that confidential information could reasonably be expected to cause harm to the Client.
The Consultant agrees that she will not disclose, divulge, reveal report or use for any purpose, any confidential information which the Consultant has obtained, except as authorized but the Client or as required by law. The obligation of confidentiality will apply during the term and will survive indefinitely upon termination of this agreement.
The relationship is not a relationship protected by legal confidentiality (like doctor-patient or attorney-client). Reporting of; child, elder abuse or neglect, threats to harm oneself or someone else, or disclosure of information related to illegal activity, may result in notifying the authorities and passing on such information, as failure to do so could be deemed neglectful as well as dangerous. Furthermore, confidentiality cannot be maintained if ordered by a court to provide information or to testify.
The use of technology is not always secure and there are risks in the use of; email, text, phone, skype, zoom and/or other technology. As well as risks associated with loss or theft of electronic devises or documentation.
Ownership of Intellectual Property
All intellectual property and related material* that is; shared, developed, or produced under this agreement will be the property of the Consultant. The client is granted a non-exclusive limited use license of this intellectual property. Kallista Chayil has the right to reproduce, or reuse in any manner whatsoever, without compensation to the Client, such materials.
Title, copyright, intellectual property rights and distribution rights of the intellectual property remain exclusively with the Consultant. Personal recording devices or cameras are not permitted without prior consent. Any recordings captured or received are for the client’s sole use and are not to be; shared, loaned, or redistributed in any manner, in a private or public format. Any direct or indirect reproduction or distribution is prohibited.
The failure to enforce such intellectual or copyrights shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance and/or compensation.
Capacity / Independent Contractor
It is expressly agreed that the Consultant is acting as an independent contractor and not as an employee. The Consultant and the Client acknowledge that this agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.
Autonomy
The Consultant will have full control over working time, methods, and decision making in relation to provision of the services in accordance with this agreement. The Consultant will work autonomously and not at the direction of the Client. However, the Consultant will be responsive to the reasonable needs and concerns of the Client.
Equipment
The Consultant will provide at her own expense any and all equipment, software, materials, and any other supplies necessary to deliver the services in accordance with the agreement.
Dispute Resolution
In the event of a dispute arising out of this agreement that cannot be resolved privately, the parties agree to engage in mediation before proceeding to communicating with any ‘authorities’, or proceeding to a court claim.
Governing Law
This agreement will be governed by and construed in accordance with the laws of the Province of Ontario; any legal proceedings will occur within the jurisdiction of the City of Toronto.
Limited Liability.
There shall be no guarantees, representations or warranties of any kind or nature, expressed or implied with respect to results from the services negotiated, agreed upon and rendered. The client agrees to take responsibility for any; indirect, consequential or special damages, actions or inactions, or for any direct or indirect result of any services provided. The Client’s exclusive remedy shall be limited to the amount actually paid by the Client under this agreement for services rendered in the most recent six months.
I hereby release; the Consultant, any and all colleagues or employees, or any direct or indirect hosting organization from any and all; liability, claim, demand or action, howsoever caused, now or in the future, for conditions or circumstance obtained directly or indirectly from my involvement with rendered services.
The terms of this agreement will commence on the date of this agreement and will remain in effect until completion of the services, including any extensions.
Legal and Binding Agreement
This agreement is entered into freely, and by participating in the services and/or signing a paper contract, I agree to be bound by their terms and conditions. This agreement shall bind my heirs, executors, personal representatives, successors, assigns, and agents. I certify that I am eighteen (18) years of age or older, of sound mind, and am proceeding of my own free will.