Coaching Agreement

PDF available here

Welcome to The Uncommon Career (TUC) Coaching experience!

Over the next several weeks, we will work together on an experience of self-discovery, stretching, and work/life achievement.

 

Your agreement begins as of your purchase date, and includes the number and length of sessions indicated on the checkout page of your product. Packages can be renewed or cancelled at any time.  Subscriptions will continue until cancelled (also at any time).

 

Commitments

To make these next few months amazing, we both agree to the following:

 

Your Commitment as a TUC Client 

•  Commit yourself to your needs and goals
•  Communicate openly and honestly
•  Complete TUC activities and submit 24+ hrs prior to our meeting so I can review and prepare
•  Experience the power in embracing failure and celebrating success  

 

My Commitment as your TUC Coach

•  Commit my skills, experience and knowledge to your needs and goals
•  Communicate openly and honestly
•  Show up prepared and present for each session
•  Review all submitted activities prior to call
•  Provide accountability, grace, challenge, and support
•  Customize and pivot sessions per your needs
•  Ensure and protect confidentiality  
•  Work with you to leverage the setbacks and celebrate your successes

 

Session Date/Time Details

Meeting at the same day/time each week builds a tangible rhythm and momentum for you, and is also incredibly important for any coaching business. If you need to reschedule, please do so at least 24 hours in advance. While the hope is that a new time will be easily accessible, TUC cannot guarantee that a new desired time will be available, as it may be outside of coaching hours or booked with another client or meeting. In these cases, up to two sessions can be postponed for a total of two weeks' postponement of the coaching agreement (see postponement details below). 

 

Missed meetings without prior notice may result in a forfeited session for that week.  

 

Sometimes, life happens and you need a minute (or a week!) to get back on track and fully present. With this in mind, if you need to temporarily postpone your agreement for any reason, please email your request at least 24 hours prior to the session you would like to postpone and it will be taken care of, no questions asked! This agreement allows for a delay of up to two weeks from the date of your final session. Adjustments to the coaching session day/time may be necessary in cases where the original agreement day/time is not available for the weeks after the original agreement's last session.

 

You may be in a coaching session when you realize you need just a little more preparation, or you'd prefer to have additional support in your transition. If you feel you'd like sessions outside of the original agreement (ex: extending the agreement, additional mock interviews, etc.), add-on packages are available at exclusive active-client pricing and may be added at any point.

 

Investment

Packages range in price and begin at $125 per session. Payments are accepted via PayPal (guest checkout available thru PayPal as well). 

 

If this (as well as the "must have" legal terms below) meet your expectations, please complete the checkout to schedule your first session.  

 

 

 

LEGAL TERMS

 

Parties: Patricia Ortega

Known as  "Coach"

The Uncommon Career

[email protected]

 

and the purchases or this coaching package

Known as "Client"

 

Collectively, all of the above people or businesses entering this Agreement will be referred to as the "Parties."

 

Coaching Description

Coaching is a thought provoking process, with the goal of inspiring you to reach your professional potential through goal development and strategic planning. 

 

Results and Outcomes 

Coaching is intended to bring about the reflection, decisions, and actions guided and driven by the intentions, motivations, and desires of the client. Decisions made by the client, actions taken by the client, and the results and consequences stemming from those, both positive and negative, are the responsibility and sole ownership of the client. The client agrees there are no guarantees of employment or salary, and understands the role of the Coach is to "discover, clarify, and align with what the client wants to achieve", and to "encourage client self-discovery"  (International Coaching Federation) while - in the career coaching context - providing career oriented guidance, strategies, and activities to achieve personal and career development.  The Coach understands and agrees that any financial or other gain obtained as a result of coaching is the sole property/gain of the client. Any materials created as a result of the coaching experience are subject to the Intellectual Property clause below. 

 

Client is solely responsible for creating and implementing his/her own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the coaching relationship and his/her coaching calls and interactions with the Coach. As such, the Client agrees that the Coach 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. 

 

Client acknowledges that coaching is a comprehensive process that may involve different areas of his or her life, including work, finances, health, relationships, education and recreation. The Client agrees that deciding how to handle these issues, incorporate coaching principles into those areas and implementing choices is exclusively the Client’s right and responsibility. 

 

Mental Health

Client understands coaching is not therapy and does not substitute for therapy, and does not prevent, cure, or treat any mental disorder or medical disease. Client acknowledges that coaching does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association and that coaching is not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals and that 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 relationship agreed upon by the Client and the Coach.

 

Confidentiality

This coaching relationship, as well as all information (documented or verbal) that the Client shares with the Coach as part of this relationship, is bound by strict principles of confidentiality.  However, please be aware that the Coach-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 agrees not to disclose any information pertaining to the Client without the Client’s written consent. The Coach 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 subpoena, 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 in a timely manner. 

 

According to the ethics of our profession, topics may be anonymously and hypothetically shared with other coaching professionals for training, supervision, mentoring, evaluation, and for coach professional development and/or consultation purposes. 

 

Testimonials

Testimonials and feedback provided via email, the coaching feedback form, the coaching testimonial form, or otherwise is appreciated and Coach acknowledges/reserves the right to use feedback, testimonials, or excerpts of these in public testimonials with first name and last initial. Coach agrees to request permission from client to use (1) client full name, (2) client photo if provided and/or (3) other identifying information or media. 

Intellectual Property

Copyright Ownership.  In the event that any copyrighted work(s) are created as a result of the Services provided by Coach in accordance with this Agreement, Coach owns all copyrights in any and all work(s) it creates or produces pursuant to federal copyright law (Title 17, Chapter 2, Section 201-02 of the United States Code), whether registered or unregistered. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by Coach and may be used in the reasonable course of Coach business.

 

Permitted Uses of Product(s). Coach grants to Client a non-exclusive license of product(s) produced with and for Client for personal use only so long as Client provides Coach with attribution each time Client uses Coach's property/materials including but not limited to handouts, images, figures, graphs or other intellectual property. 

The following materials are the sole property of the client:

 

•  Any and all personal job hunt or career materials created by the client prior to the start of the coaching relationship, whether or not revised as a result of the coaching experience. 
•  Any and all personal job hunt or career materials created solely by client as a result of the coaching experience. 

 

Coach agrees to request written permission to use or reference any personal job hunt or career materials in coaching or public forums (workshops, website/blog/podcast, social media, etc.) Any personal job hunt or career materials Coach receives written permission to use or reference will have name and contact information removed/omitted and identifying information (ex: company name, location) changed.  

 

Exclusivity

Exclusivity. Client understands and agrees that he or she has hired Coach exclusive of any other Coach. In order to provide a high level of satisfaction and quality of service, no other Coaches, other than any assistant or third party that Coach hires to complete the Services outlined in this Agreement, are permitted to provide the same or similar services or products, paid or unpaid. 

 

Limit of Liability

Maximum Damages. Client agrees that the maximum amount of damages he or she is entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Services paid.

Indemnification. Client agrees to indemnify, defend and hold harmless Coach and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services and/or product(s) Coach provides to Client.

 

Cancellation, Rescheduling and No-Shows

Cancellation, Rescheduling of Services or No-Show Client. If Client desires to cancel Services, reschedule Services, or if it becomes impossible for Coach to render Services due to the fault of the Client or parties related to Client, such as failure of the sessions to occur or failure of one or more essential parties to show up in a timely manner, Client shall  provide notice to Coach as soon as possible via the Notice provisions detailed in this Agreement. Coach has no obligation to attempt to re-book further Services to fill the void created by Client’s cancellation, rescheduling, no-show or if it becomes impossible for Coach to provide the Services due to the fault of Client (or parties related to Client), and Coach will not be obligated to refund any monies Client has previously paid towards the Total Cost.  Client is not relieved of any payment obligations for cancelled Services, failing to show up for scheduled sessions, or should it become impossible for Coach  to provide the services due to the fault of Client (or parties related to Client) unless the Parties otherwise agree in writing.   For instance, if Coach is able to secure another, unrelated client for the dates of this agreement, then Coach may choose, at its sole discretion, to excuse all (or a portion of) Client's outstanding balance of the Total Cost. 

 

Impossibility

Force Majeure. Notwithstanding the above, either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party, such as, but not limited to:

 

•  A natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms or infestation); or
•  War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not); or
•  Any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.

 

Failure to Perform Services. In the event Coach cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will:

 

1. Immediately give Notice to Client with a minimum of 24 hours notice prior to the next scheduled session; and
2. Issue a refund or credit based on a reasonably accurate percentage of Services rendered; an
3. Excuse Client of any further performance and/or payment obligations in this Agreement.

 

General Provisions

Governing Law. The laws of the state of Texas govern all matters arising out of or relating to this Agreement, including torts.

Severability. If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.

 

Notice. Parties shall provide effective notice (“Notice”) to each other via either of the following methods of delivery at the date and time which the Notice is sent:

 

•  Emails
•  Coach Email: [email protected]
•  Client Email (all communications will be sent to email entered on purchase page unless client updates email in writing)

 

Merger. This Agreement constitutes the final, exclusive agreement between the parties relating to the sessions and Services contained in this Agreement. All earlier and contemporaneous negotiations and agreements between the parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement.

 

Amendment. The parties may amend this Agreement only by the parties’ written consent via proper Notice.