COACHING AGREEMENT

PARTIES:  This agreement is between Client and Cherlyn Decker Coaching LLC, a registered Colorado limited liability company (hereinafter referred to as “Coach”). Coach and Client agree to the following:

1. DURATION OF SERVICES: 

• Term: Coaching Services will be effective at the signing of this agreement. Coach and Client agree to meet regularly beginning at the date indicated on the Order Form for a minimum of 3 months (“Initial Term”).

• Renewal.  At the end of the Initial Term, Coaching Services will automatically renew on a quarter by quarter basis, perpetually, until Client or Coach cancels the coaching services under the terms of this agreement. 

• Termination. After the Initial Term, either Client or Coach may discontinue coaching services and terminate this agreement with 30-days written notice.  

2. DESCRIPTION OF SERVICES 

• Coaching. Client understands that “coaching” is a professional relationship designed: 1) to facilitate the creation/development of personal, professional, ministry, and/or business goals, and 2) to create and carry out a strategy/plan for achieving those goals.

• Nature of Coaching Relationship. The client/coach relationship is a partnership. In no way is the coach the authority in the client’s life. Client sets the agenda for each session. To assist with that process, the client is welcome to complete and submit a Prep Form at least two hours before the scheduled appointment. After each call, you also have the option of completing and submitting a Summary Form of the session. These two forms will be provided via the client portal in the Resources Tab in the Coaching Overview.
• Coaching Sessions: All coaching sessions are one-on-one between Client and Coach only, unless otherwise agreed. Client and Coach will schedule these in advance at mutually agreeable times, and Client will join Coach on ZOOM at the appointed time. While an individual session is typically between 30 and 45 minutes, a coaching session is not about a specific length of time; it is about Client getting what they need. If Client needs extra time in a session, then they get it, and when Client gets what they need, then we end the session earlier.

• Coaching Focus. Coaching is a comprehensive process that may involve all areas of Client’s life, including work, finances, health, relationships, education, and recreation. The focus of the coaching could include, but is not limited to: life skills, emotional intelligence, communication, goal setting, financial management, time management, life purpose, transitions, limiting beliefs, and/or business strategy, development, and operations. 

• Client Well-being: Client understands and agrees that Client is fully responsible for Client’s physical, mental, and emotional well-being during coaching calls. 

• Decision and Action Steps: Client is exclusively responsible for ALL choices, decisions made, and actions taken and/or implemented as a result of the coaching sessions.

• Optional Assessments. Coaching Services includes two optional Client assessments a) an initial Jump Start Assessment to set goals and focus areas for the coaching relationship, and 2) a Success Assessment, provided at the end of each quarter, to review progress, milestones, and redefine goals as needed. 

• Communication Between Sessions. Communication between Client and Coach between sessions is encouraged. Client may communicate with Coach by email and text to share updates, progress reports, milestones, and accomplishments. Client and Coach agree that communication will be professional and within the boundaries set by the Coach. Coach is responsible for setting clear, appropriate, and culturally sensitive boundaries that govern Client contact with her. Typically Coach can respond to client texts/phone calls/emails within 24 hours unless over the weekends, on vacation, or at an onsite with another client.  

3. COACHING RETAINER: 

• Retainer. Coach operates on retainer, whereby Coach is committing a spot to Client for one-on-one coaching services each month. The retainer includes up to 90 minutes of coaching services each month, however, any unused coaching sessions or time are lost and do NOT carry over into the next month. 

• Retainer Fee. Client pays Coach a retainer fee, as outlined in the Order Form, as an advance payment for available coaching services by Coach that month. The Retainer Fee is a recurring (e.g. monthly) payment that is NOT refundable. 

• Retainer Usage. Coaching services can be scheduled as needs and circumstances dictate (e.g. TWO forty-five minute sessions, or ONE ninety-minute session). Client selects their initial retainer usage for the Initial Term and may move between the retainer usage on a quarterly basis.

• Retainer Fee Adjustments. Coach raises her Retainer fees on an annual basis. Client’s retainer fees are locked in for the duration of coaching services, unless or until there is a termination of services. If Client returns for coaching services after termination, then Coach’s current retainer fees will be charged. 

4. ADDITIONAL FEES 

• Administrative Fee. A one-time administrative fee is charged to Client for account setup and administration. This fee is in addition to the retainer fee and is non-refundable. 

• Additional Sessions. On rare occasions, additional sessions may be needed. These sessions are subject to Coach availability and are billed at the “Additional Session” rate defined in the Order Form. This fee is in addition to the retainer fee and is non-refundable. 

• Additional Assessment Fees.  Additional assessments may be recommended to Client and some of these assessments may require assessment fees (e.g. Myers-Briggs, Strengths-Finders, Enneagram, Social and Emotional Intelligence, etc). Client will be notified of any assessment fees in advance. These fees are in addition to the retainer fee and are non-refundable. 

5. PAYMENT. 

• Payment Term. As stated above, Client will pay all Fees, in advance, for the duration of the Term. Client may choose to pay monthly or quarterly. 
• Payment Method. Coach accepts credit and debit cards. Coach will securely retain payment information for billing purposes. Payment information is processed and stored securely through Stripe and receipts are issued on request. 
• Payment Dates. The payment of the Administration Fee, the first month of retainer fees, any assessments or additional sessions will be initiated by the Client through Coach’s online payment platform. Payments for recurring retainer fees will be processed automatically on the anniversary date unless otherwise agreed.
• Payment Failures and Late Fees. Payment failures due to bank overdraft, declined and/or expired credit cards must be resolved by Client within 10 days’ notice. If resolution exceeds 10 days, then a 10% late fee will be billed to Client. All Coaching services will be suspended until all payments are made in full.
• Advance Payment. In the event of quarterly advance payment, Client must use coaching sessions within 3 months or those pre-paid sessions will be forfeited. No refunds are provided for forfeited sessions.  

6. LIMITATIONS OF COACHING SERVICES 

• THE NATURE OF THE COACHING RELATIONSHIP IS STRICTLY NOT PSYCHOLOGICAL COUNSELING, THERAPY OR PSYCHO THERAPY. If those types of issues become evident, Coach will either work in conjunction with a therapist or discontinue with Client until therapy is completed. Client understands that coaching does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association.  Client understands that coaching is not a substitute for counseling, psychotherapy, psychoanalysis, mental health care, or substance abuse treatment, and Client will not use it in place of any form of diagnosis, treatment, or therapy.
• Coaching In Coordination with Therapy. Client agrees, that if Client is currently in therapy or otherwise under the care of a mental health professional, that Client has consulted with the mental health care provider regarding the advisability of working with a coach and that this person is aware of my decision to proceed with the coaching relationship.
• Coaching Is Not Professional Advice. Coach is not a business manager, financial advisor, headhunter, or accountant.  Client understands that coaching is not to be used as a substitute for professional advice by legal, medical, financial, business, spiritual or other qualified professionals.  Client will seek independent professional guidance for legal, medical, financial, business, spiritual or other matters.  Client understands that all decisions in these areas are exclusively Client’s and Client acknowledges that Client’s decisions and actions regarding them are Client’s sole responsibility. 

7. Other Terms. 

• Scheduling and Rescheduling. Sessions are scheduled for a minimum of one month at a time. However, you can cancel your relationship at any time (see "Termination"). Coach uses Zoom Scheduling (“Zoom”), a third-party calendar system for the scheduling of all coaching appointments. Client shall schedule all sessions through Zoom. Client will receive email confirmations and reminders for each appointment. Each confirmation reminder includes directions on how to reschedule that session should a conflict arise. In the case of emergencies, Client may reschedule their coaching session if it is before 24 hours in advance. Cancelations within 24 hours of a scheduled session are rescheduled at Coach’s sole discretion.
• Late to Session. Client will contact Coach via text message or email if Client is going to be late to a session before that session is to begin. If Client does not contact Coach in advance, then Coach will wait for 10 minutes and if Client still does not attend or communicate with Coach in that time, then that session is canceled and marked as a “NO SHOW". All No Show appointments are forfeited. Under a retainer, any late time is considered missed time.
• Missed, Unused, or Canceled Sessions: As previously stated, under a retainer, Coach will bill monthly, whether Client schedules, attends, or misses appointments. IF CLIENT NEEDS TO CANCEL, Client will notify Coach 24 hours in advance. In the case of emergencies, Coach may exercise sole discretion and reschedule the missed, unused, or canceled meeting, however, any discretion provided is not intended to be a waiver of this section. Notwithstanding the foregoing, IF COACH NEEDS TO CANCEL, it will always be rescheduled.
• Holidays. Coach closes her office for all major holidays and for two weeks in December. Coach offers ONE 90-minute session in December to close out the year and prepare for the following year in lieu of more frequent meetings.
• Record Keeping and Recordings. Client gives Coach permission to 1) keep a confidential record of Client name, contact info, and documentation of coaching hours and 2) record coaching sessions for the express purpose of meeting the ongoing requirements for coach credentialing by International Coaching Federation (ICF), or other credentialing organizations. In addition, Client recordings of coaching sessions may be provided, at Client’s request, for the purpose of reflection. Client access to their session recordings is available for 30 days and access will be revoked at the termination of coaching services.
• No Guarantees. No guarantees have been made to Client regarding the expected outcome of coaching. 
• Client Satisfaction and Feedback: The relationship between Client and Coach needs to be based on absolute honesty. Client and Coach will regularly discuss Client’s satisfaction with coaching and Client agrees to provide feedback, both positive and negative, with regard to the coaching relationship. If at any time Client has any issues, concerns or is dissatisfied with coaching, then Client will address it with Coach, and together they will discuss ideas, alternatives, possibilities, and options. Coach will work with Client to resolve any difficulties. If for any reason, Coach upsets you in any way, please bring this up immediately. With any assignments given, you have the right to accept, reject or counteroffer an assignment. The goal is that the client has an effective and satisfying coaching experience. 
• Ethics. Coach agrees to honor the ICF Code of Ethics regarding professional conduct, confidentiality, and conflicts of interest. 
• Client Privacy. Coach and Client will meet on ZOOM and Coach will protect the privacy of Client conversations. In remote work situations, other individuals may be in the home (i.e. visiting, working, schooling, or summer break), however, Coach will take the necessary steps to ensure conversations will not be overheard (i.e. using headphones, doors closed, private room, etc.).
• Confidentiality and Information Sharing. Client understands that Client information will be held as confidential unless stated otherwise, in writing, except as required by law. Client understands that certain topics may be anonymously and hypothetically shared for training or consultation purposes. 
• Access to Coach Calendar. Client understands that Client appointments are visible on Coach’s personal calendar. Coach’s husband and virtual assistant have access to Coach’s calendar and, in cases of emergency, may reach out to the Client regarding the need to cancel an appointment should Coach be unable to do so.
• Independent Contractor. Coach is an independent contractor and this Agreement shall not be construed to create any association, partnership, joint venture, employment, or agency relationship between Coach, Sponsor and the Client for any purpose. The Sponsor and/or Client(s) shall not control the manner or means by which the services are performed. 
• Limited Liability: Except as expressly provided in this agreement, the Coach makes no guarantees or warranties, express or implied. In no event will the Coach be liable to the Client or any third party for loss of profits, loss of use, business interruption, downtime, loss of or damage to content or data, costs of cover or indirect, special, incidental or consequential damages of any kind. To the maximum extent permitted by law, except with regard to: (a) amounts payable by client under this agreement; or (b) damages resulting from Coach breach of its confidentiality obligations, the maximum liability of either party to the other or any third party whatsoever arising out of or in the connection with this agreement, shall in no case exceed the equivalent of 12 months of amounts paid for the services provided here-under. Notwithstanding the foregoing, in no event, regardless of claim, will either parties’ aggregate liability for damages related to this agreement exceed Fifty Thousand and 00/100 Dollars ($50,000). 

• Entire agreement: This Agreement (including the Schedules hereto) contains the entire agreement of the parties with respect to the subject matter of this Agreement and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter.
• Governing Law. This agreement and all matters arising out of this Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Colorado. If any part of this agreement is adjudged as invalid, illegal, or unenforceable, the remaining parts shall not be affected and remain in full force and effect.

• Disputes of any nature: If the Parties are unable to concur with respect to a matter under this Agreement, either Party may initiate mediation under the Institute for Christian Conciliation Rules of Procedure for Christian Conciliation. If settlement is not reached within sixty days after service of a written demand for mediation/conciliation, any unresolved controversy will be settled by arbitration under the same rules. The arbitration will take place in Adams County, Colorado, unless otherwise agreed by the Parties. Judgment on an award rendered by the arbitrator(s) may be entered in any court having jurisdiction of the dispute.
• Notice. Any notice provided for or concerning this agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth in this agreement.
• Execution in Counterparts; Electronic Signature. This Agreement may be executed in counterparts (including by means of electronically transmitted signatures), all of which shall be considered one and the same agreement. A letterhead logo will be deemed an enforceable signature for the purpose of demonstrating the signing party’s assent to the Agreement.

Note: this webpage is a courtesy preview of the Coaching Agreement. Should you agree to proceed with coaching with Cherlyn, then you will receive a digital copy of this agreement to be signed electronically by both parties.