This Agreement is entered into by and between Explorians, a division of Workfutures Group Ltd., hereafter the âCoachâ and the buyer of Exploriansâ coaching services, hereafter the âClientâ, whereby the Coach agrees to provide coaching services to the Client focussing on the agreed goals and topics for the coaching engagement.
Coaching is a partnership (defined as an alliance, not a legal business partnership) between the Coach and the Client, as well as a thought-provoking and creative process that inspires the Client to maximize their 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.
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 coaching program.
The Client is solely responsible for creating and implementing his/her strategy/ plan, decisions, choices, actions, results and own physical, mental and emotional well-being arising out of or resulting from the coaching relationship and his/her coaching sessions and interactions with the Coach. The 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 Clientâs responsibility. The 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.
The Coach agrees to maintain the ethics and standards of behaviour established by the International Coach Federation â(ICF)â (Coachfederation.org/ethics). It is recommended that the Client reviews the ICF Code of Ethics and the applicable standards of behaviour.
The Coach and Client agree the objectives of the coaching engagement in the first session during the discovery phase and refine those over the course of the following sessions.
Exploriansâ coaching approach is holistic, iterative and non-directive, with a clear framework, goals and structure for the coaching process and each conversation. To achieve the agreed results of the engagement, we use a wide repertoire of human-centred, future-led, systemic and solution-focussed interventions and the Coachâs experience and expertise to help the Client achieve his or her goals.
The Coach may recommend diagnostics tools, such as personality inventories, 360-degree feedbacks etc. to gain further data points for reflection, if needed. This, however, depends on the Clientâs unique situation and will be agreed on an as-needs basis. If diagnostic data is already available, the Coach will integrate it in in the coaching engagement as early as possible.
Both parties, Coach and Client, agree to engage in a coaching partnership, which comprise a series of scheduled Zoom video meetings. The Coach will be available to the Client by e-mail and chat in between scheduled meetings and support the Client in his or her goals to his or her best possible extent. In addition, the Coach will provide further coaching services as specified in the coaching package bought by the Client through Exploriansâ online booking system. By purchasing coaching services from Explorians, the Client warrants that: He or she is legally capable of entering into binding contracts; and he or she is at least 18 years old. The exact date and time of Exploriansâ supply of the coaching services is agreed when the Client books one of the session slots through Exploriansâ online booking system, or both parties confirm a date and time via email.The investment fees shall be agreed in advance between both parties by the Client selecting a specific coaching service through Exploriansâ online booking system. By selecting a service, the Client agrees to pay the investment fees in full at booking or in instalments as stated in the booking form. The Coach endeavours to provide the coaching services in accordance with these Terms. In the event that the Coach cancels the coaching services or a session, as applicable, for any reason, the Coach shall offer the Client a new date for the Services or the Session and no additional Fee shall be payable by the Client. No variation to these Terms shall be binding unless agreed in writing and signed by both parties.
Different Terms & Conditions apply for Group Programs. This Coaching Agreement does not apply to any Group Programs offered by Explorians. Terms & Conditions for such programs are accessible for the Client at the time of booking.
Payment of the coaching services to the Coach by the Client shall be at a minimum of 48 hours before the Clientâs first session. Payment of all sums shall be made in pounds sterling through the âPay now/ Orderâ button in Exploriansâ online booking/ payment system.
The Coach agrees not to disclose any information pertaining to the Client without the Clientâs written consent. The Coach will not disclose the Clientâs name as a reference without the Clientâs consent.
Confidential Information does not include information that: (a) was in the Coachâs possession prior to its being furnished by the Client; (b) is generally known to the public or in the Clientâs 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 Clientâs 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.
In the event the Client decides to cancel the coaching services and no longer wishes to use them, he or she may do so within 30 days of purchase of the coaching service.
To cancel the coaching services, the Client provides a written notification via Email to Explorians outlining the reasons for cancelling the services.
Any non-used and outstanding coaching sessions bought by the Client as part of a coaching service will be refunded pro rata.
If the Client decides to cancel the coaching services after 30 days of purchase, the following cancellation fees apply:
(1) The Client decides to cancel coaching services between days 30-45 of purchase: 50% of the total coaching service fee apply.
(2) The Client decides to cancel coaching services between days 46-60 of purchase: 75% of the total coaching service fee apply.
(3) The Client decides to cancel coaching services after 60 days of purchase: 100% of the total coaching service fee apply.
In the event that the Client notifies the Coach and wishes to postpone the coaching services or session, he or she acknowledges and agrees that the Client has up to 30 days to use a one-off coaching session, up to 45 days to use the two sessions in the 1-month program, up to 120 days to use the six sessions in the 3-months program and up to 240 days to use the 12 sessions in the 6-months program. In the event of extenuating circumstances, the Client is able to request an extension of time at the discretion of Explorians. All requests will be reviewed by Explorians on a case by case basis, if given as a written notification prior to the end of the usage term.
In the event that the Client notifies the Coach that he or she wishes to postpone the coaching services or session prior to the time of commencement of the same, he or she shall do so 48 hours (2 business days) or more in advance of the next scheduled session. If the Client notifies the Coach less than 48 hours (2 business days) in advance of the next scheduled session, the fee is not refundable.
In the event that the Client notifies the Coach and wishes to postpone the coaching services or session, he or she acknowledges and agrees that the Coach cannot guarantee to reschedule the same for the Clientâs preferred date and time.
The Client understands and agrees that, in the event that if he or she is dissatisfied with any part of Exploriansâ coaching services, he or she shall notify the Coach within 48 hours of having had the session.
In the event the Client wishes to ask for a refund of that particular session, he or she should give Explorians a written notification within 48 hours of the session outlining in 200 words or more his or her reasons for dissatisfaction.
If a refund is granted, both parties, Coach and Client, have the right to terminate the coaching agreement from there onwards in writing, and the Coach shall not be liable to the Client to provide any future coaching services and the Client shall not be liable for any future instalments due, provided he or she no longer wishes to continue with the coaching service.
Coaching fees are reviewed on an annual basis and might be adjusted to reflect market price changes. All booked coaching programs by the Client are not subject to an increase of fees.
Limitation of Liability
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 (excluding for personal injury or death, fraud, or wilful default) for any loss or damage (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, and whether in tort (including without limitation negligence, contract or otherwise) that may result in connection with the coaching services. Our liability to you shall at all times be limited to the amount paid, if any, by the Client for the coaching services.
The Coach shall not be liable to the Client or deemed to be in breach of these Terms by reason of any delay in performing or any failure to perform any of the Coachâs obligations in relation to the coaching services, if the delay or failure was due to any cause beyond reasonable control.
No delay or failure by either party to exercise any of its powers, rights or remedies under these Terms will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing.
If any part of these Terms is found by a court of competent jurisdiction to be invalid, unlawful or unenforceable then such part will be severed from these Terms, the remainder of which will continue to be valid and enforceable to the fullest extent permitted by law.
These Terms together with the booking confirmation constitute the entire agreement between the parties and shall exclude of any other agreement, or understanding of any kind, whether oral or written, relating to the coaching services.
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with English law and the parties hereby agree to submit to the exclusive jurisdiction of the courts of England and Wales.
Explorians â Workfutures Group Ltd. October 15, 2018