Uncommon Coach Disclaimer and General Terms and Conditions

In the spirit of good practice, when you are purchasing any services from me, we take as given that you have read and agreed to each statement below and that you wish to proceed. These terms are freely available on our website for this reason.

All coaching services and communication, email or otherwise, delivered by The Uncommon Coach, as well as information on the website or other social media, are meant to help you identify the areas in your life and in your thinking that may be preventing you from experiencing greater well-being and moving forward. Coaching is not a substitute for professional mental health care or medical care.

Ethics
THE UNCOMMON COACH acknowledges and commits to the Code of Ethics as outlined by the International Coach Federation. THE UNCOMMON COACH does not represent any religious ideologies, or are members of any sect, cult or dogmatic organization.

Language

Coaching language – All coaching/workshops/talks are delivered in English – and at least an average proficiency in this language is required for the coaching to be effective.

Salvadorian clause
In the case that one or more of these terms become disempowered, the other terms shall not be impacted by that. THE UNCOMMON COACH and the client shall agree upon a substitute term, which comes closest to the discontinued term.

Terms

  • The term ‘coaching’ as used here covers life coaching, personal coaching, executive coaching and business coaching/workshops for clients.
  • The term ‘motivational speaking’ as used here covers any public or semi-public forum where the uncommon coach is required to speak to a group of people.
  • The term “session” refers to an individual coaching session.
  • Services refers to all services provided.

By accepting The Uncommon Coach’s services you agree that:

  • I understand that the coaching services I will be receiving from my Coach are not offered as a substitute for professional mental health care or medical care and are not intended to diagnose, treat or cure any mental health or medical conditions. I also understand that my Coach is not acting as a mental health counsellor or a medical professional.
  • For legal purposes, I understand that coaching is currently an unregulated industry and that my Coach is not “licensed “by any RSA body even though the sessions may take place in RSA.
  • I understand and agree that I am fully responsible for my well-being during my coaching sessions, and subsequently, including my choices and decisions.
  • I understand that coaching is not a substitute for counselling, psychotherapy, psychoanalysis, mental health care or substance abuse treatment, and I will not use it in place of any form of therapy.
  • I understand that all comments and ideas offered by my Coach are solely for the purpose of aiding me in achieving the defined goals I create with my Coach. I have the ability to give my informed consent, and hereby give such consent to my coach to assist me in achieving such goals and understand that results are not guaranteed.
  • I understand that to the extent our work together involves career or business, my Coach is not promising outcomes included but not limited to increased clientele, profitability and or business success.
  • I understand that my Coach will protect my information as confidential unless I state otherwise in writing. If I report child, elder abuse or neglect or threaten to harm myself or someone else, I understand that necessary actions will be taken and my confidentiality agreement limited in this capacity. Furthermore, if my Coach is ordered by a court to provide information or to testify, she will do so to the extent the law requires.
  • While The Uncommon Coach will take reasonable measures to protect client information, I understand that the use of technology is not always secure and I accept the risks of confidentiality in the use of email, text, phone, Skype and other technology.
  • I hereby release, waive, acquit and forever discharge my Coach, any agents, successors, assigns, personal representatives, executors, heirs and employees from every claim, suit action, demand or right to compensation for damages I may claim to have or that I may have arising out of acts or omissions by myself or by my Coach as a result of the advice given by my Coach or otherwise resulting from the coaching relationship contemplated by this agreement.
  • I further declare and represent that no promise, inducement or agreement not expressed in this agreement has been made to me to sign this agreement. This agreement shall bind my heirs, executors, personal representatives, successors, assigns, and agents.

TERMS AND CONDITIONS

  • The coaching/talk/workshop schedule will be arranged between The Uncommon Coach and the client and can be booked up to 3 months in advance. The Uncommon Coach will recommend the frequency of services based on a professional assessment of the client’s requirements. This recommendation, or plan, is not binding and may be altered and adjusted throughout the coaching journey by mutual agreement, in accordance with the terms set out in this agreement.
  • The number and frequency of servicees will be agreed at the start of coaching between The Uncommon Coach and the client, and confirmed by The Uncommon Coach by email or written correspondence. Where no specific number is agreed sessions will be provided on a session-by-session basis.
  • In return for the fees payable by the client (or by a third party on their behalf), The Uncommon Coach agrees to provide the service as described below and in accordance with the terms and conditions set out below. The client agrees to pay fees for the service on the terms and conditions set out below (in situations where a third party pays the fees, the third party counts as an agent acting on behalf of the client).
  • The date that the first coaching session takes place shall be deemed to be the start date for the service. Where any client is unhappy with any of the terms and conditions they can contact The Uncommon Coach to discuss any concerns and see if they can be resolved before the first coaching session or date of service. Participation by any individual in the first coaching session or other service constitutes acceptance of these terms and conditions.

FORMAT OF SERVICES

  • Coaching sessions – Face to face (venue by mutual agreement), via Skype/Zoom (client calls coach); telephone coaching sessions (client calls coach); or other format where such is agreed. Unless otherwise agreed, for Skype and telephone sessions the client is responsible for telephoning The Uncommon Coach at agreed times. The Uncommon Coach is responsible for ensuring that she is available for consultation at agreed times.
  • Workshops and motivational talks to be held at the client’s venue.
  • The length of each session is as agreed between The Uncommon Coach and the client before coaching sessions commence – but generally 45 minutes with 15 minutes available if decided by the coach.
  • The length of a team workshop is generally 3 – 4 hours, or as agreed
  • The length of a motivational talk is usually 1 hour, excluding travel time to the client venue – which shall be within 15 minutes of the agreed start time.

ADDITIONAL SESSIONS

The Uncommon Coach may agree to provide additional coaching sessions after completion of the initial agreed session(s). These terms and conditions will apply to any additional sessions so provided and the Per Session Fee will remain the same as originally agreed except where The Uncommon Coach notifies the client in writing of a change to the Fee or to any other term or condition in accordance with the section in these terms and conditions headed “Variation of Terms and Conditions”.

DATES AND TIMES OF SERVICES

  • The date and time of the first session and any subsequent session will be agreed between The Uncommon Coach and booked a minimum of 1 day in advance by the client on the coach booking platform https://fb.com/book/theuncommoncoach/
  • Sessions can only be rearranged in accordance with the section in these terms and conditions headed “Rearranging Sessions”.
  • Dates/times and venues for business workshops or motivational talks need to be agreed a minimum of 14 working days in advance.

EQUIPMENT & VENUE

  • For workshops and talks – if the room seats more than 50 a microphone or other voice projection system must be provided by the venue.
  • For workplace coaching, workshops or talks – a suitable, private space must be provided – free from noise, distractions or interruptions and meeting OHS requirements ito lighting, ventilation, seating and space.
  • OHS compliance is the clients’/venue responsibility.
  • Should further equipment be required, this will be listed in the quote.
  • Overhead projectors, and other forms of projection – are generally NOT used or required by the Uncommon Coach.
  • Reference materials or notes will be provided, if necessary. These will be included in the quote.

PAYMENT TERMS

  • Discounts are generally given for 5 or more sessions (package deal discount) and payment plans are also available on request.
  • Fees are payable in advance of each coaching session unless otherwise agreed (Business Coaching may allow for payment on receipt of invoice) via eft or paypal and proof of payment to be sent to harvardmelanie@gmail.com.
  • Where payment has not been received by The Uncommon Coach in advance of a coaching session The Uncommon Coach is not obliged to provide the session.
  • Where payment is required on receipt of invoice rather than in advance, a charge may be levied for late payment in excess of 30 days.
  • In accordance with The Uncommon Coach’s current per session fee or fee for a programme of sessions, or any other such fee as shall be agreed and notified to the client. The Uncommon Coach will confirm the fees in writing.
  • The number of sessions for which payment is required in advance will be agreed before coaching sessions commence.
  • Workshops and talks are payable as follows: 50% on booking and 50% prior to start. Variation of these terms to be negotiated and agreed as per quote.
  • No refunds are payable after the service has been rendered, or for late cancellations. Late cancellations are  – less than 48-hours for coaching sessions/workshops and less than 5 working days before a booked talk.
  • Workshops and talks given outside Cape Town and 60km radius will require a travel, S&T and accommodation amount for the client’s account – which will be added to the quote and payable in advance, on quote.
  • Cost of venue for workshops or talks are for the client to arrange, book, and also for their own account.
  • No travel fees charged and paid for will be refunded, even if the event is cancelled in good time.
  • Travel time to a venue outside of Cape Town will be chargeable at half-rates.
  • Changes to travel arrangements required by the client will be for the clients account if extra fees are payable.

BETWEEN/AFTER SESSIONS

  • The Uncommon Coach may assign the client tasks or exercises to complete between coaching sessions. There is no obligation on the client to complete these items of ‘homework’, but not doing so may slow the client’s progress in gaining improved quality of life or achieving desired business or personal outcomes.
  • The client may contact The Uncommon Coach by phone or e-mail between sessions to seek clarification regarding anything arising from a coaching session or for administrative purposes (e.g. where a client needs to rearrange a coaching session or make a payment). Additional coaching can also be provided between sessions but there will be an additional charge for this. The Uncommon Coach will always advise a client in advance if the nature of a client’s contact is likely to incur an additional charge and no such charges will be imposed without the client’s agreement.

REARRANGING SERVICES

  • If a client needs to rearrange a coaching session, they should provide at least 48-hour’s notice. No refunds or credit will be given to clients for unused coaching sessions unless 48-hour’s notice has been given. In exceptional circumstances The Uncommon Coach may need to rearrange a coaching session. In those instances she will also give the client 48-hours notice where practical.
  • Where a client pays for a session or sessions in advance, they must have the coaching session(s) that they have paid for within 6 months of the payment or their fee is forfeited.
  • For workshops and talks notice needs to be given 7 working days in advance – and all costs for rearranging travel arrangements will be for the client account.

CONFIDENTIALITY

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.

EARLY TERMINATION

 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 Uncommon Coach can decide to terminate the service to the client early or refuse or be unable to provide further coaching sessions to the client. In such a circumstance the client will be given reasonable notice of termination by The Uncommon Coach where practicable and will be refunded any advance payments made for coaching sessions not yet provided.

RESPONSIBILITIES

The Uncommon Coach will seek to enable the client to improve their quality of life or level of business success and to achieve their desired outcomes. Remarkable results can be achieved where clients follow a clear plan in a committed way. However, the client has sole responsibility for taking important decisions in their life or business. The Uncommon Coach has no liability for any loss incurred by any client, whether financial or otherwise, following commencement of coaching sessions, or for any perceived failure by the client, whether justified or otherwise, to achieve a material improvement in quality of life or business or to achieve their desired outcomes or goals.

VARIATION OF TERMS AND CONDITIONS

Where an Initial Number of Sessions is agreed, any changes to these terms and conditions intended to take effect prior to the conclusion of those Initial Number of Sessions will only have effect if agreed by both The Uncommon Coach and the client and confirmed by The Uncommon Coach in writing. In other cases, The Uncommon Coach may change any of these terms or conditions by giving the client one week’s notice in writing of the change(s). If following receipt of such notification of change, the client no longer wishes to proceed with further coaching sessions, they may withdraw from the service immediately by giving notice in writing by email or letter and they will then be entitled to a full refund of any fees paid in advance for coaching sessions not yet provided. Such notice will be effective on receipt by The Uncommon Coach.

GOVERNING LAW

 This contract is governed by the law of RSA whose 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.

FEEDBACK

Feedback about the service is welcomed and can be given during or after a coaching session by email or message. Where our service has been enjoyed and benefitted you – a review on the uncommon coach facebook page or linked-in profile will always be highly appreciated.