Terms and Conditions

 

1. Descriptions

The Coach or Consultant – means Kristina Leroux of Kristina Leroux Coaching.
The Client – means the person engaging with the Coaching or Consulting Services.
The Sponsor – means the person entering into and paying for the Coaching or Consulting Agreement on behalf of the Client.
The Coaching or Consulting Agreement – the Agreement that exists between the Coach and the Client (or the Sponsor on behalf of the Client) including, but not limited to, these Terms and Conditions and the Contract.
Coaching – means the life coaching, personal coaching, personal development, executive coaching and business coaching for Clients.
Consultancy – means the advisory, training, mentoring or supervision services provided for clients, coaches or others.
Services – the Coaching or Consultancy services offered by Kristina Leroux and provided to the Client under the terms of the Agreement focusing on, but not limited to, the topics/results/outcomes/goals attached to this Agreement as the Contract.
Programme – the specified course of action agreed between the Coach and the Client to cover the aims as specified in the Contract.
Session – means a pre arranged meeting, in person, online or by telephone where the Coach provides Coaching or Consultancy support to the Client.
Start Date – the date that the Agreement comes into effect as defined in the Contract.

 

2. General

 2.1         This Agreement is entered intoby and between: Kristina Leroux of Kristina Leroux Coaching (‘the Coach’) and*Name* (‘the Client, ‘You’’) or *Name* (‘the Sponsor on behalf of *Name*).

 2.2         By entering into an Agreement either through signing the Contract or paying any amount to the Coach, the Client or Sponsor agree to abide by the terms and conditions as set out below and in the Contract.

2.3         This document and the Contract represent the entire agreement between the Coach and the Client or Sponsor and reflect a complete understanding of the parties with respect to the subject matter and the full scope of the Services to be provided to the Client.

2.4         This Agreement supersedes all prior written and oral representations.

2.5         Any queries relating to or dissatisfaction with any of the clauses contained within these Terms or the Contract must be addressed before the Start Date.

2.6         The Services are 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.

2.7         The Coach agrees to maintain the ethics and standards of behaviour established by the International Coach Federation “(ICF)”. It is recommended that the Client review the ICF Code of Ethics and the applicable standards of behaviour as provided by the Coach (https://coachingfederation.org/ethics/code-of-ethics ).

2.8         Coaching is not a substitute for professional mental health care or medical care.

2.9         Kristina continually strivesto ensure that the standard of service she provides to her clients is and remains excellent. At the end of the coaching process, or series of coaching sessions, the Client will be asked to complete a feedback form.

 

3. Coaching Disclaimer

3.1         In committing to working with Kristina Leroux, the Client acknowledges and agrees to the following:

a.    The Services are not offered as a substitute for professional mental health care, counselling, psychotherapy, psychoanalysis, substance abuse treatment or medical care andare not intended to diagnose, treat or cure any mental health or medical conditions or substitute for advice by legal, medical or other qualified professionals. It is the Client’s exclusive responsibility to seek such independent professional guidance as needed.

b.    The Coach is not acting as a mental health counsellor or a medical professional.

c.    For legal purposes, the Client understands that coaching is currently an unregulated industry and that the Coach is not “licensed“ by any UK or International body although Kristina is certified as a coach by the International Coaching Federation.

d.    The Client understands and agrees that they are fully responsible for their well-being during their Sessions and subsequently, including their choices and decisions. The Client accepts full responsibility for all decisions and courses of action.

e.    If the Client is currently under the care of a mental health or medical professional, the Coach recommends that said professional is informed of the Client’s intention to engage in these Services and to advise the nature and scope of the relationship with the Coach.

f.     The Coach reserves the right to request a signed waiver from the Client or written confirmation from a medical professional of suitability to continue with the coaching process if any medical of mental health conditions are declared by the Client or become evident during the coaching process. The Coach reserves the right to discontinue the Services should any mental health condition become evident during the Coaching process.

g.    The Client understands that in order to enhance the coaching relationship and for the Coach to be able to accurately interpret the Client’s needs, the Client agrees to communicate honestly, give full disclosure of their circumstances and expectations, be open to feedback and assistance and to create the time and energy to participate fully in the program.

h.    The Coach will be respectful of any situations that the Client may prefer not to discuss but the Client accepts that this may have an impact on the Coach’s ability to fully understand the Client’s needs and thereby the Coach’s ability to assist.

i.      The Client understands that all comments and ideas offered by the Coach are solely for the purpose of aiding them in achieving the personalised and defined goals created with the Coach.

j.      The Client warrants that they have the ability and capacity to give their informed consent, and here by give such consent to the Coach to assist them in achieving such goals and understands that results are not guaranteed.

k.    The Client or Sponsor understands that under the scope of the Coaching and Consultancy Services, the Coach does not promise outcomes.

l.      The Client is solely responsible for creating and implementing their own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the relationship with the Coach and their calls and interactions with the Coach. As such, the Client or Sponsor 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.

 

4. Confidentiality

4.1         The Client understands thatthe Coach will protect their information as confidential unless  stated otherwise in writing or unless the Client discloses an issue that requires or raises the suspicion of need for medical, mental or legal intervention (including, but not limited to, claims of abuse, neglect or threat of physical harm to them or a third party), or may have an immediate and detrimental effect on the Sponsor, their business or wellbeing. The Coach will take immediate and appropriate action and the Client’s confidentiality in this situation may be limited.

4.2         For Services supplied by the Coach at the behest of a Sponsor, all information shared by the Client will be considered completely confidential unless an issue is disclosed that warrants immediate action or intervention by the Coach as noted in 4.1 above. The Client will be advised of the Coach’s intention to make any such disclosure.

4.3         In some less urgent instances, the Coach may recommend that the Sponsor is brought into a discussion with the Client but will only proceed with such action with the Client’s full agreement.

4.4         Furthermore, if the Coach is ordered by a court to provide information or to testify, she will do so to the extent the law requires.

4.5         The Coach will maintain records relating to the Services provided during the Programme and for a reasonable period after the Programme ends or is terminated. The records will be held securely in a format of the Coach’s choice until such time as they are safely disposed of.

4.6         Kristina Leroux Coaching subscribes to the UK Government backed Cyber Essentials protocols (Cyber Essentials scheme: overview - GOV.UK (www.gov.uk).

4.7         The Coach complies with all required standards under the GDPR. Full details of the Privacy Policy can befound here

4.8         Personal information or business information supplied by Clients in Coaching Sessions will be treated as confidential. It will not be disclosed to a third party without the Client’s prior permission, save where required by law or where action might be necessary to prevent harm to the Client or someone else.

4.9         This relationship, as well as all information (documented or verbal) that the Client shares with the Coach aspart of this relationship, is bound by the principles of confidentiality set forth in the ICF Code of Ethics The Client should however be aware that the Coach-Client relationship is not considered a legally confidential relationship (such as within the medical and legal professions) and thus communications are not subject to the protection of any legally recognised privilege.

4.10       The Coach agrees not to disclose any information pertaining to the Client without the Client’s written consent unless such disclosure falls under 4.1 above. 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; or

b.    is generally known to the public or in the Client’s industry; or

c.    is obtained by the Coach from a third party, without breach of any obligation to the Client; or

d.    is independently developed bythe Coach without use of or reference to the Client’s confidential information; or

e.    the Coach is required by statute or by court order to disclose; or

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; or

g.    involves illegal activity.

4.11       The Client may, at any point, request that the Coach provides details of any disclosures made but also accepts that, under certain circumstances, the Coach may not be able to comply with the request.

4.12       The Coach engages in training and continuing education pursuing and/or maintaining ICF (International Coach Federation) Credentials. That process requires Client names and coaching hours to be provided to theICF. Clients’ contact information will also be provided to the ICF only to enable the ICF to verify the coaching relationship. By signing the Agreement, you agree to have only your name, contact information and the start and enddates of coaching shared with ICF staff members and/or other parties involved in this process for the sole and necessary purpose of verifying the coaching relationship. Information will be provided for validation purposes only; no details relating to the needs of the Client or the specific coaching content will be shared.

4.13       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. No details relating to the needs ofthe Client, or the specific coaching will be shared.

 

5. Data Security during Coaching sessions

5.1         The Client understands that the use of technology is not always secure and accepts the risks inherent inthe use of email, text, phone, WhatsApp, Zoom or any other technology.

5.2         The Contract states that the Coach will record any conversations or Sessions to facilitate the delivery of the Sessions. The Client may request that no recordings are made.

 

6. Waiver

6.1         The Client and/or Sponsor hereby agree to release, waive, acquit and forever discharge the Coach, any agents, successors, assigns, personal representatives, executors, heirs and employees from every claim, suit action, demand or right to compensation for damagesthey may claim to have or that they may have arising out of acts or omissions by themselves or by the Coach as a result of the advice given by your Coach or otherwise resulting from the coaching or consulting relationship whether still in progress of after termination.

6.2         The Client further declares and represents that no promise, inducement, or agreement not expressly written in this agreement has been made to them to sign this Agreement. This Agreement shall bind their heirs, executors, personal representatives, successors, assigns, and agents.

6.3         Except as expressly provided in this Agreement or the Contract, the Coach makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the services negotiated, agreed upon and rendered. In no event shall the Coach be liable to the Client or Sponsor for any indirect, consequential, or special damages. Not withstanding any damages that the Client or Sponsor may incur, the Coach’s entire liability under this Agreement, and the Client or Sponsor’s exclusive remedy, shall be limited to the amount actually paid by the Client or the Sponsor to the Coach under this Agreement for all Services rendered through and including the termination date.

 

7. Cooling off period

7.1         The Coach abides, where practical, by the 14-day cooling off period as defined by the Consumer Credit Act 2015 so the Client or Sponsor may cancel the booked service without penalty during that time and any fees paid will be refunded in full, less any reasonable and demonstrable costs incurred by the Coach during that time.

7.2         7.1 above will be negated if Coaching is requested urgently and commences during the 14-day cooling off period. In this instance, all fees due under the Contract are and remain payable.

 

8.  Coaching arrangements

8.1         The Services schedule will bearranged between the Coach and the Client, detailed in the Contract and based on the Coach’s assessment of the Client’s requirements. This recommendation, or plan, is binding but may be altered and adjusted throughout the coaching journey by mutual agreement, in accordance with the terms set out in this agreement.

8.2         Not withstanding the Start Date as defined in the Contract, participation by the Client in the first Session constitutes full acceptance of these terms and conditions.

 

9. Format of Sessions

9.1         Sessions are in person, by telephone or online as decided at the initial meeting.

9.2         The time and/or location ofthe meetings will be determined by mutual agreement of the Coach and Client and as per the schedule agreed in the Contract. The Client is responsible for initiating all scheduled calls on time and will contact the Coach using the designated and agreed method and contact details as outlined in the Contract.

9.3         The Coach is responsible for ensuring that she is available for consultation at the agreed times.

9.4         The Client accepts that their being late for any appointment may result in their appointment being shorter than scheduled if the Coach has another Client booked in immediately afterthem. There is no requirement by the Coach to compensate the Client or Sponsor or make up any lost time that is a result of the Client being late.

9.5         The length of each session isset out in the Contract and charged accordingly. Sessions may over-run by mutual agreement and be paid for retrospectively (if required), but only if the Coach has no commitments immediately following the arranged session.

9.6         Where a Sponsor has entered into the Agreement on behalf of the Client, the Sponsor agrees to pay any additional fees arising from any over-run agreed between the Coach and Client.

9.7         The Coach may also be available for additional time, at the Client’s request and subject to the availability of the Coach and the Client or Sponsor’s express agreement to a quote for said time (for example, reviewing documents, reading or writing reports, engaging in other Client related services outside of coaching hours).

9.8         Telephone calls with the Coach during the agreed coaching period are at the Client’s expense and initiated by the Client as noted in 9.2 above.

9.9         The Coach reserves the right to change, modify or cancel any Programmes as considered necessary. Any such change will be made in consultation with the Client.

 

10. Coaching Fees and Payment Terms

10.1       The fees are based on the Programme agreed between the Coach and the Client or Client’s Sponsor and are as stated in the Contract. The Coach reserves the right to change these fees from time to time and with prior notification to the Client or Sponsor.

10.2       Sessions can only be rearranged in accordance with the clauses in section 12 in these terms and conditions.

10.3       Fees must be paid online via the Wise payment platform. Full details of how your transaction will be dealt with can be found here Our agreements with you - Wise. In addition to Sterling payments, the Coach may also accept payments in US Dollars or Euros depending on the Client’s location.

10.4       Receipts and/or invoices are available, and where receipts are requested by the Client or Sponsor, they will be sent by e-mail.

10.5       Fees are payable in advance for each session, or group of sessions, as specified in the Contract, unless otherwise agreed and including Clients that have a monthly retainer Contract with the Coach. Details of the payment structure per Client are included in the Contract and must be adhered to.

10.6       Where the first payment, or deposit payment, has not been received by the Coach on time and in accordance with the Contract schedule, the Coach accepts no liability for any disappointment, losses or difficulties experienced by the Client as a result of any delay to the delivery of the first Coaching Session.

10.7       Where a Sponsor fails to make a scheduled payment on behalfof the Client, the Session will not take place and the Coach accepts no liability for any disappointment, losses or difficulties experienced by the Client as a result.

10.8       Where any subsequent payments have not been received by the Coach in accordance with the payment schedule within the Contract prior to anyscheduled Session, the Coach is not obliged to provide the Session although payment for that Session will still be due.

10.9       Where payment has been made by the Client or Sponsor in advance of any singular session, or full payment in advance of a programme of coaching, the Coach operates a no refund policy unless at the Coach’s sole discretion.

10.10    The Coach reserves the right to apply reasonable late payment charges to any late or missed payment. This may include interest at the prevailing Bank of England rate, administration or loss of earnings charges and any costs incurred by the matter being passed to a third party for collection.

10.11    If any payment for a retained Client should be in default, the Client or Sponsor will be notified by the Coach by email and will have seven days to rectify the situation. Any scheduled sessions will be postponed until payment is received and only rescheduled should the Coach’s existing work schedule permit.

10.12    If a retained Client or Sponsor does not make payment for the missed instalment within seven days, the Coach reserves the right to cancel the Programme and the Cancellation process in section 13 will apply.

 

11. Between Sessions

 11.1       The Coach may assign the Client tasks or exercises tocomplete between sessions. There is no obligation on the Client to complete this ‘homework’, but not doing so may slow the Client’s progress in achieving their desired outcomes. The Coach accepts no liability for any disappointment, lack of progress or failure to achieve the Client’s desired outcomes in these circumstances.

11.2       The Client may contact the Coach by e-mail between sessions to seek clarification regarding anything arising from a session or for administrative purposes (e.g. where a Client needs to rearrange a coaching session or make apayment). The Coach will respond to any such queries as quickly as possible, but the Client accepts that an immediate response may not be possible.

11.3       Additional support may be provided between sessions, or the Contract can be extended if a) the Coach’s existing work schedule allows and,b) subject to any additional fees being agreed and paid. The Coach will always advise a Client or Sponsor in advance if the nature of a Client’s contact islikely to incur an additional charge and no such charges will be imposed without the Client or Sponsor’s agreement. The Client or Sponsor understands that if they do not accept the additional fee charges then the additional support requested will not be supplied.

11.4       The Coach may also be available by email between Sessions where needed for logistical issues that may arise, but the Coach reserves the right to only engage in such correspondence by prior arrangement, in an emergency, where a response does not detrimentally impact them or another Client or based on a reasonable frequency. The Coach’s decision on what constitutes an emergency or reasonable frequency is final.

12. Rearranging Sessions

12.1       If the Client needs to postpone or rearrange a Session, they should provide at least 24 hours’ notice to the Coach, and in writing (by email), where possible. No refunds will be given to Clients or Sponsors for unused or missed Sessions. The Client is also responsible for requesting that the Session is rescheduled and that the Coach has given written confirmation of the rescheduled appointment date and time.

12.2       In the unlikely event that the Coach may need to rearrange a coaching session, the Client will be given 24 hours’ notice of the change where possible.

12.3       Where the Client or Sponsor pays for a session or sessions in advance they must reschedule the Coaching Session(s) that they have paid for within 6 months of the payment date or their fee is forfeited.

 

13. Cancellation or Early Termination

13.1       In exceptional circumstances, such as illness or unavailability due to bereavement or other commitments, inappropriate behaviour by the Client, actual or potential conflict of interest, or other reasons, the Coach may decide to terminate the service to the Client early or refuse or be unable to provide further coaching sessions to the Client.

13.2       In such circumstances the Client or Sponsor will be given reasonable notice of termination by the Coach where permitted or practicable and will be refunded any advance payments made for coaching sessions not yet provided at the Coach’s sole discretion.

13.3       The Coach will not tolerate aggressive or rude behaviour, racism, nationalism; sexism, homophobia or ageism and reserves the right to terminate the Programme immediately in the event of any evidence of the same. The Coach accepts no liability for any losses, costs or disappointment incurred by The Client or Sponsor in the event of termination by the Coach under this clause.

13.4       The Client or Sponsor may terminate this Agreement at anytime but they accept that, unless there are extenuating circumstances and unless expressly agreed with the Coach, no refund of any fees paid will be due to them.

13.5       One month’s notice of cancellation from the last agreed payment for retained Clients is required and the Client or Sponsor agrees that all fees due under the Contract will be paid up to and including the Termination Date.

13.6       If at any time either the Client, Sponsor or Coach believes that the Sessions and Agreement are no longer serving the needs of the Client they may initiate a discussion to rectify the situation prior to cancelling the Programme or Sessions.

13.7       All requests for cancellation must be in writing and delivered by email to Kristina Leroux Coaching ([email protected] ). Notice will be deemed served on the date on which the written cancellation is received by the Coach.

14. Responsibilities

14.1       The Coach will provide and be committed to the Services as detailed in the Contract in good faith and to the best of their ability and will seek to provide the Client with the guidance and support to enable the Client to reach their desired outcomes.

14.2       The Client has sole responsibility for taking important decisions in their life or business and has sole responsibility engaging with, adhering to and completing the Programme designed by the Coach.

14.3       The Coach accepts no liability for any loss incurred by any Client or Sponsor, whether financial or otherwise, following commencement of Sessions, or for any perceived failure by the Client, whether justified or otherwise, to achieve a material improvement in the area that the Coach was engaged to assist with, or for the Client’s failure to achieve their desired outcomes or goals.

14.4       The Client or Sponsor agree that deciding how to handle these issues, incorporate coaching or consulting principles into those areas and implementing choices is exclusively the Client’s responsibility.

14.5       The Client understands and accepts that all action taken by them is performed voluntarily and is their sole responsibility.

14.6       The Coach accepts no liability for any losses, financial orotherwise, perceived or otherwise that are incurred by the Sponsor should the Client not engage fully in the Programme.

 

15. Variation of Terms & Conditions

15.1       By signing the Contract, the Client or Sponsor accepts that these Terms and the content of the Contract are binding. Any variation to the Terms or Contract after engagement will be at the sole discretion of the Coach and, where such variation is agreed, will be provided to the Client or Sponsor in writing. No verbal or assumed variations will be deemed binding and the Client or Sponsor accepts that they will have no right of redress under such circumstances.

15.2       The Agreement may not be amended, altered or supplemented except in writing signed by both the Coach and the Client or Sponsor.

 

16. Governing Law

 16.1       The parties agree to submit to the Jurisdiction of the English Courts regardless of the location of the Client receiving the Services and the English Courts have exclusive jurisdiction in relation to any dispute, disagreement, proceedings, or legal claim of any nature relating to the service provided or the Contract.

16.2       Nothing in these Terms affect the liability of either party or for death or personal injury caused by negligence or for fraudulent misrepresentation.

16.3       The Coach will not be held liable for any for any failure in performing their obligations under this agreement due to circumstances beyond their reasonable control.

 

17. Complaints

 

17.1       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 of the complaint is given. If the dispute is not so resolved, the parties may call upon the ICF (or other appropriate body) Dispute Resolution process to assist with bringing the matter to a satisfactory close. The Client and the Coach agree that no legal action will be taken by either side until both the mediation and Dispute Resolution process have been exhausted.

18. Intellectual Property Rights

 18.1       All material (whether printed or electronically provided) created by Kristina Leroux Coaching and Advisory relating to the Programme andon the website belongs to Kristina Leroux Coaching and Advisory and is subject to Copyright and Intellectual Property laws. The Client has permission to access, view and utilise the material provided or made accessible by Kristina Leroux Coaching and Advisory as part of their participation in the Programme but may not record, use or reproduce any materials without the written permission of Kristina Leroux.