Terms and Conditions
Terms and Conditions
Coaching Terms & Conditions
This Agreement is entered into by and between: Damara Murphy LLC, DBA: UnNesting Mom (Coach—Damara Murphy, M.Ed, Certified Life Coach and Client whereby Coach Damara Murphy agrees to provide Coaching Services for Client focusing on the following topics/results/outcomes/goals attached to this Agreement as Schedule A.
Acceptance of Terms: Welcome to Damara Murphy LLC, DBA: UnNesting Mom! By using Coach Services, you agree to be bound by these “Terms of Service.”
Description of Coaching: Coaching is partnership (defined as an alliance, not a legal business partnership) between the Coach and the Client in a thought-provoking and creative process that inspires the client to maximize personal and professional potential. It is designed to facilitate the creation/development of personal, professional or business goals and to develop and carry out a strategy/plan for achieving those goals.
1) Coach-Client Relationship
A. Coach agrees to maintain the ethics and standards of behavior established by the International Guild for Certified Life Coaches “(IGCLC).” It is recommended that the Client review the IGCLC Code of Ethics and the applicable standards of behavior.
B. 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 understands coaching is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease.
C. Client further acknowledges that he/she may terminate or discontinue the coaching relationship at any time.
D. Client acknowledges that coaching is a comprehensive process that may involve different areas of his or her life, including personal, 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 responsibility.
E. 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.
F. The Client understands that in order to enhance the coaching relationship, the Client agrees to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the program. Client acknowledges that Coaching, by its nature, may be personally, emotionally and physically challenging; and that it may, at times, lead to various emotions. In the course of our time together, Client will not hold Coach liable for any loss or cost incurred by Client (or any person related to Client) in the event of any mental, physical or emotional stress or distress (or other ailment or condition) caused either directly or indirectly in relation to the Coaching. Client shall not hold Coach liable in the event of any such claim.
The parties agree to engage in the Coaching Program through (e.g., internet, telephone) meetings. Coach will be available to Client by e-mail and voicemail in between scheduled meetings as defined by the Coach. Coach may also be available for additional time, per Client’s request on a prorated basis rate (for example, reviewing documents, reading or writing reports, engaging in other Client related services outside of coaching hours).
3) Schedule and Fees
This coaching agreement is only valid within the number of weeks outlined for the term of the specified program.
The calls/meetings shall be 60 minutes). If rates change before this agreement has been signed and dated, the prevailing rates will apply.
The refund policy in effect for the term of this Agreement is as follows: Given the nature of the coaching program, Coach will not issue a full or partial refund. Refunds are not issued as program objectives were individualized, constructed, and quality work performed by coach, therefore; refunds are not issued because of client’s own errors and/or failure to complete program, timeline, objectives, procedures, or any other outlined protocol within the coaching program. Coaching programs are non-cancelable. However, at the sole discretion of Coach Damara Murphy a start date may be postponed and/or rescheduled without penalty. Individual coaching sessions will not be rescheduled if Client cancels less than 48 hours in advance. If a Client arrives late for the session for whatever reason, the session will run at the original scheduled time. No make-up sessions are included. No refunds, credits or transfers are available for no-shows.
The time of the coaching meetings and/or location will be determined by Coach and Client based on a mutually agreed upon time. The Client will initiate all scheduled calls and will call the Coach at the provided link or number for all scheduled meetings. If the Coach will be at any other number for a scheduled call, Client will be notified prior to the scheduled appointment time.
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 the principles of confidentiality set forth in the IGCLC
Code of Ethics. 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.
6) Release of Information (Optional, based upon specific situation)
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.
7) Cancellation Policy
Individual coaching sessions will not be rescheduled if Client cancels less than 48 hours in advance. If a Client arrives late for the session for whatever reason, the session will run at the original scheduled time. No make-up sessions are included. No refunds, credits or transfers are available for no-shows.
8) Record Retention Policy (Optional, if the Coach as adopted such a policy)
The Client acknowledges that the Coach has disclosed his/her record retention policy with respect to documents, information and data acquired or shared during the term of the Coach-Client relationship. Such records will be maintained by the Coach in a format of the Coach’s choice (print or digital/electronic) for a period of not less than 2 years.
9) No Transfer of Intellectual Property
Coach’s program is copyrighted and original materials that have been provided to Client are for Client’s individual use only and a single-user license. Client is not authorized to use any of Damara Murphy LLC intellectual property for Client’s business purposes. All intellectual property, including Company’s copyrighted program and/or course materials, shall remain the sole property of the Damara Murphy LLC. No license to sell or distribute Damara Murphy LLC materials is granted or implied. By purchasing this product, Client agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any Confidential Information shared by Damara Murphy LLC is confidential and proprietary, and belongs solely and exclusively to Damara Murphy LLC, (3) Client agrees not to disclose such information to any other person or use it in any manner other than in discussion with Damara Murphy LLC. Further, by purchasing this product, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
Damara Murphy LLC, DBA UnNesting Mom is committed to providing all clients in the Program with a positive Program experience. By purchasing this product, Client agrees that the Damara Murphy LLC may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s participation in the Program without refund or forgiveness of monthly payments if Client becomes disruptive to Company or Participants, Client fails to follow the Program guidelines, is difficult to work with, impairs the participation of the other participants in the Program or upon violation of the terms as determined by Damara Murphy LLC. Client will still be liable to pay the total contract amount.
11) Limited Liability
Client agrees they used Damara Murphy LLC’s services at their own risk and that programs are only an educational service being provided. Client releases Company, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, instructors, guides, staff, participants, and related entities from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements. 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 services negotiated, agreed upon and rendered. In no event shall the Coach be liable to the Client for any indirect, consequential or special damages.
12) Entire Agreement
This document reflects the entire agreement between the Coach and the Client, and reflects a complete understanding of the parties with respect to the subject matter. This Agreement supersedes all prior written and oral representations. The Agreement may not be amended, altered or supplemented except in writing signed by both the Coach and the Client.
13) 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 (certain amount of time such as 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 attorney’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.
16) Binding Effect
This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns.