PARTIES

This agreement is entered into between the client (You, Your, Yours) and Helen Fitness trading as Helen Fitness Consulting, a sole proprietor, GST number 43-087-525, having its registered office located at 299 East Coast Road, Mairangi Bay, Auckland 0630, New Zealand (the Coach).


SERVICES AND CONDITIONS

Services:  The Coach agrees to provide coaching, mentoring, training, professional and personal development for You focusing on the mutually agreed outcomes.

Charges: You agree to pay the Coach the fees and charges for the provision of the Services. All fees are plus GST where GST is payable.

Failure to pay: The fees and charges are paid in advance but if for any reason a fee or a charge remains due and owing You agree that You will pay interest at 2% over the Coach’s best available overdraft rate on a daily basis from the date due until the date paid plus all collection charges, however described.

Delivery of the Services: The Services are provided in accordance with the following principles.

Description of Coaching:  Coaching is a partnership (defined as an alliance, not a legal business partnership) between the Coach and You in a thought-provoking and creative process that inspires You to maximise 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. Ethics: The Coach agrees to maintain the ethics and standards of behaviour established by the International Coach Federation (“ICF”) (https://coachfederation.org/code-of-ethics).

B. Your responsibilities:  You are solely responsible for creating and implementing Your own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the coaching relationship and their coaching calls and interactions with the Coach. As such, You agree 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 of the Services provided by the Coach.  You understand 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.  You acknowledge that coaching is a comprehensive process that may involve different areas of their life, including work, finances, health, relationships, education, recreation and spirituality.  You agree that deciding how to incorporate coaching principles into those areas and implementing choices is exclusively Your responsibility.

C. Coaching is not health treatment:  You acknowledge that coaching does not involve the diagnosis or treatment of mental disorders as defined by the New Zealand Mental Health (Compulsory Assessment and Treatment) Act 1992 and that coaching is not to be used as a substitute for counselling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals and that it is Your exclusive responsibility to seek such independent professional guidance as needed. If You are currently under the care of a mental health professional, it is recommended that You promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by You and the Coach. If You are under the care of a mental health professional, the Coach may suspend or terminate the relationship with notice to You if that is practical, but if it is not, then without notice.

D. Feedback and contribution to the Coaching process:  You understand that in order to enhance the coaching relationship, You agree to communicate honestly, be open to feedback and guidance, and to create the time and energy to participate fully in the programme.

E. Services provided with reasonable skill and care but no guarantee of outcomes:  While the Coach will provide the Services with reasonable care and skill (with the aim of achieving the mutually agreed outcomes) You understand that there is no guarantee that those outcomes can be achieved as this depends on Your engagement and efforts and other factors outside the control of the Coach.

F. Third party resources: Some of the Services may involve access to third party electronic and digital resources. You agree that you are solely responsible for complying with those providers’ terms and conditions of use and that the Coach is not responsible for any virus, cookie or similar software or data corruption incurred by You through using those resources.

G. Client and Coach can terminate the coaching relationship:  You or the Coach may terminate or discontinue the coaching relationship and the agreement at any time after discussion between both parties to reach a mutual agreement in good faith per the Dispute clause. In those circumstances the Cancellation Policy will apply.

2) Procedure

The time of the coaching meetings and/or location will be mutually agreed upon by the Coach and You.


INFORMATION

Information The coaching relationship will give rise to two types of information: (1) information that relates to the Services and the business of the Coach which is confidential information and (2) information that is Your personal information.  There may be some overlap between these categories.

Confidential Proprietary Information

In the course of providing the Services the Coach will provide You items of information, including approaches, exercises and materials, that have been acquired or developed by the Coach in their business or profession of coaching and which are proprietary to the Coach.  You agree to keep this information confidential to You and agree not to directly or indirectly provide it to third parties for their use.  If You breach this obligation, the Coach may terminate this agreement with immediate effect.

Personal Information

This coaching relationship, as well as all information (documented or verbal) that You share with the Coach as part of this relationship, is personal information. To the extent that any of Your personal information becomes part of the Coach’s proprietary information noted above, the Coach will ensure that You are not identified in any way so that Your information is no longer personal although it may be proprietary information.

Generally, in respect of personal information the Coach is bound by the principles of confidentiality set forth in the ICF 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 recognised privilege. In addition, the Coach is bound by the New Zealand Privacy Act 1993.  The following Privacy Policy relates to the Coach’s responsibilities under that Act.

Privacy Policy

This policy can be amended by the Coach at any time for any reason and You authorise the Coach to collect, hold, use and disclose Your personal information in accordance with that policy. The policy is expanded by reference to the following section.

Personal Information and Data Privacy

The Coach collects personal information about You when You enter into this agreement and as the Services are provided to You by the Coach.  In order to provide the Services the personal information collected by the Coach is likely to be wide-ranging and include work and private information and any other information You provide to the Coach or authorise other persons to provide to the Coach.  However, the personal information will only be collected if, in the Coach’s professional opinion, it is strictly necessary to the provision of the Services and the achievement of the mutually agreed outcomes.  You are entitled to decline to provide the personal information but if You do the refusal may prevent the Coach from providing the Services and You achieving the outcomes. The Coach will only hold Your personal information for as long as necessary to provide the Services, the Coach’s professional file records and as required by law.  The Coach’s current policy is to retain the personal information in a format of the Coach’s choice (print or digital/electronic) for a period of not less than 2 years.  The Coach will take reasonable steps to safely and securely store the personal information against loss, unauthorised access, disclosure, use or other misuse.  The personal information may be held by the Coach in New Zealand and on their behalf by service providers located in New Zealand, Australia or elsewhere.  If stored outside New Zealand the Coach will take reasonable efforts to ensure that the personal information is held substantially on the same basis as in New Zealand and in compliance with the Privacy Act 1993.  The service providers will not be authorised to use or disclose the personal information except as necessary to provide services to the Coach or to comply with legal requirements.  The Coach is entitled to disclose personal information for safety and security purposes to relevant law enforcement organisations or as authorised by You.  You are entitled to request access to and correction of the personal information held about them by the Coach.  If reasonably possible and subject to any lawful ground for withholding it the Coach will provide You with a copy of the requested personal information.  You can update or correct the personal information by contacting the Coach by email.  If the Coach agrees with the request they will make the change, if not, they will keep Your request with the personal information. You can ask the Coach to delete or remove the personal information, such as when the Coach no longer needs it or if You withdraw consent.  The Coach will use reasonable efforts to delete or remove the personal information but some residual information could remain on electronic data-bases.  The Coach may also need to retain the personal information for their record-keeping, compliance with legal obligations or management of legal risk, and to finalise the Services.  The Coach will take reasonable efforts to inform third parties who have received personal information in accordance with this privacy policy of Your request.  If You are based in the European Economic Area (EAA) and have a concern about this privacy policy, You may report Your concern to the relevant EAA Supervisory Authority.  If reasonably possible and lawful, the Coach will inform You of those who have received the personal information so direct contact may be made with them.  However, the Coach retains the right to continue to process the data where there is an overriding interest or legal obligation to do so.  The Coach may change this privacy policy from time to time and may be contacted at their email address for any matter relating to Your personal information. 

Personal information and ICF

The Coach engages in training and continuing education to pursue and/or maintain ICF accreditation. That process may require the names and contact information of all clients for possible verification by ICF. By signing this agreement, You agree to have only Your name, contact information and start and end dates 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. No personal notes will be shared. Where audio recordings of Your coaching calls/meetings are required to fulfil the ICF accreditation requirements, the Coach agrees to seek Your written, digital or electronic consent, which You may withhold, prior to submission to the ICF.

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. Topics may be anonymously and hypothetically shared in the public domain as case studies for the purposes of marketing.


CANCELLATION POLICY

Notification of failure to attend: You agree that it is Your responsibility to notify the Coach 24 hours in advance of the scheduled calls/meetings of cancellation. If such notice is not given by You, the Coach reserves the right to consider it a missed meeting that may not be rescheduled. The Coach will attempt in good faith to reschedule the missed meeting where due notice is given.

Cancellation and Prepayments: If You cancel the agreement then all fees and charges paid in advance will be repaid to them appropriately pro-rated for the Services provided to the date of cancellation with a 25% deduction from the sum owed for the Coach’s administrative and rescheduling costs.


TERMINATION

You or the Coach may terminate this agreement.  In either case, unless there are grounds for immediate termination, the party terminating the agreement must give not less than 2 weeks written notice to the other parties to the agreement.


ENTIRE AGREEMENT This agreement reflects the entire agreement between the Coach and You and supersedes all prior written and oral communications or representations.  The agreement may be amended by agreement between the Coach and You.


DISPUTE RESOLUTION

If a dispute or difference arises out of or in connection with this agreement that cannot be resolved by discussions between the parties and, if in the opinion of any party those discussions have not resolved the dispute or difference, then (on the application of any party) the dispute or difference  shall be submitted to mediation in accordance with and subject to Resolution Institute Mediation Rules.


WAIVER

The failure of any party to enforce any provision of this agreement is not as a waiver or limitation of that party's rights under this agreement.


APPLICABLE LAW

This agreement is subject to the laws of New Zealand and the parties accept the non-exclusive jurisdiction of the Courts of New Zealand.


This agreement binds the parties when executed by them all.  Execution can occur by signature and return of the agreement to each party, or by the party other than the Coach checking the “We/I agree” box on the Coach’s website or by the parties signing this agreement and sending it in Portable Document Format or equivalent digital format to the Coach.  The agreement may be signed in counterparts which when taken together constitute a single agreement.  No party is required to check on the authenticity of a signature and is entitled to rely on the apparent authority of the other parties.

The email contact details for the Coach are hello@helen-fitness.com, Helen Fitness trading as Helen Fitness Consulting, GST Number 43-087-525, with registered office at 299 East Coast Road, Mairangi Bay, Auckland 0630, New Zealand.

I agree to the Coaching Agreement.

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