Coaching Agreement

Effective as of March 14, 2023

The following terms and conditions together with any documents they expressly incorporate by reference (collectively, this “Agreement”) are by and between Iona Pathways, LLC dba Lead Bee Leadership Development (“Coach”) and the person or entity signing up to become a coaching client (“Client” or “You” and together with the Coach, the “Parties”, and each a “Party”) of a specific coaching package as outlined on the checkout page at the time of sign-up.

WHEREAS, Coach is in the business of providing coaching services related to Executive/Leadership/Team/Career Coaching; and

WHEREAS, Client desires to retain Coach to provide said coaching services, and Coach is willing to perform such coaching services under the terms and conditions hereinafter set forth;

NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Coach and Client agree as follows:

BY CLICKING TO ACCEPT OR AGREE TO THIS AGREEMENT WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY ALL POLICIES, CONDITIONS AND TERMS SET OUT IN THIS AGREEMENT, INCLUDING THOSE INCORPORATED BY REFERENCE.

  1. Client-Coach Relationship - An effective coaching relationship requires mutual understanding and respect between the Coach and the Client. That requires the Parties to agree to some basic tenets of coaching, including: 

    Coach and Client agree to communicate honestly, to be open to feedback, and to make time and space to participate fully in the coaching session/s called for hereunder. The Client specifically agrees to be open to coaching.

    Coaching services are intended for individuals who are in generally good health, are generally well adjusted, are functioning effectively, and are not in need of medical treatment (including for mental health disorders). Coaching does not involve the diagnosis or treatment of any medical or mental disorders and does not prevent, cure, or treat any mental disorder or medical disease. Further, coaching is not a substitute for therapy, counseling, psychoanalysis, medical treatment, substance abuse treatment, or the advice or services of a medical professional. It is the Client’s responsibility to seek independent guidance from medical professionals to the extent necessary. 

    By participating in the coaching, the Client agrees to accept personal responsibility for the results of Client’s actions. The Client agrees that the Coach has not made any guarantees about the results of taking any action, whether recommended during any coaching session or not. You recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Coach.

  2. Services - The parties shall engage in coaching as purchased by the Client, whereas a coaching session will generally last sixty (60) minutes and will be conducted over the phone or via the web-conferencing platform 'Zoom'. The coaching session/s must occur within a period of eight (8) weeks from the time of purchase, or they will be forfeited without refund. The Client shall be responsible for scheduling the coaching session/s via the Coach’s scheduling platform at mutually agreeable times as set forth under Section 4.

  3. Fees & No Refunds - In consideration of the provision of the Services by the Coach, the Client shall pay a single fee which depends on the amount of session/s chosen as outlined on the checkout page at the time of sign-up; the fee is due and payable at the time of sign-up. Payment to the Coach of such fees shall constitute payment in full for the performance of the Services. The coaching session/s can be scheduled right after the payment is made.

    All sales are final, and the Coach does not offer any money-back guarantees. You recognize and agree that you shall not be entitled to a refund for any purchase under any circumstances. Should you terminate the Agreement pursuant to the terms set forth under Section 15, all unused session/s shall be forfeited and non-refundable.

  4. Procedure and Scheduling - The Client shall be responsible for scheduling the coaching session/s at mutually agreeable times using the Coach’s appointment booking app; once the Client is booked in, a booking confirmation including the Coach’s phone number or 'Zoom' link will be sent to the Client via email.

    The Client shall initiate the coaching session at the agreed-upon time by calling the Coach on the phone number or by clicking the 'Zoom' link provided in the booking confirmation email.

    The session/s shall start and end at the scheduled times regardless of the time the Client calls to start the session. If the Client is late for the session/s, the session/s may be extended at the Coach’s discretion.

    The Client agrees to reschedule and/or cancel any session/s via the Coach’s appointment booking app.

    If, for any reason, the Coach cannot conduct the coaching session at the agreed time, the Coach will provide the Client with as much notice as possible, and the Client shall be able to reschedule the session for a mutually agreed time.

  5. Cancellation Policy - The Client may not cancel an individual coaching session unless the Client does so at least twenty-four (24) hours before it is scheduled to begin. The Coach reserves the right to treat any session that the Client misses or attempts to cancel less than twenty-four (24) hours before it is scheduled to begin as part of the allotted coaching session/s.

  6. Confidentiality - The Coach shall treat the relationship with the Client, as well as all information shared by the Client, as confidential. The Coach shall not disclose the existence of the relationship or any information shared during the coaching session/s without the Client’s written consent. This means that the Coach will not disclose the Client’s name as a reference without the Client’s consent. 

    The Client should be aware that a coach-client relationship does not give rise to privilege or any other legally protected confidentiality. That means that the Coach could be ordered by a court to disclose information related to the relationship. The Coach will notify the Client of any legal request that would implicate the Client’s information prior to disclosing it but may not be able to oppose disclosing the information. 

    Confidential Information does not include information: (a) known to the Coach prior to the Client disclosing it; (b) that is generally known to the public or in the industry; (c) obtained by the Coach from a third party, without breach of any obligation to the Client; or (d) that is or was developed independently by the Coach without use of or reference to the Client’s confidential information.

  7. Use of Public Comments And Praise - To preserve the Client’s confidences, the Coach will not publicly post anything about the Client’s session/s or coaching experience on social media or otherwise without the Client’s express written permission.

    To the extent the Client chooses to make any public disclosures about the coaching experience, whether through social media or other media, the Coach may reshare that information. This will include the right to reshare the Client’s comments, praise, or other disclosure on social media and other online platforms. In other words, if you choose to say anything about the coaching experience publicly, the Coach has the right to use those public comments to market and promote the Coach’s business. 

    This will include any necessary licenses to the copyright in your post and the right to use your name, image, or likeness (to the extent they are attached to your post) to promote the Coach’s business. 

  8. Limitation of Liability - IN NO EVENT SHALL THE COACH BE LIABLE TO THE CLIENT OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT COACH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. 

  9. Entire Agreement - This Agreement constitutes the sole and entire agreement of the Parties with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter. 

  10. Severability - If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

  11. Amendments - No amendment to or modification of this Agreement is effective unless it is in writing and acknowledged by each Party. 

  12. Waiver - No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

  13. Relationship of the Parties - Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.

  14. Dispute Resolution - Each Party irrevocably and unconditionally agrees that any dispute arising under or related to this Agreement shall be resolved exclusively through arbitration to be held in Charleston, South Carolina, under the rules of the American Arbitration Association. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of such arbitration and agrees to bring any such dispute only in such forum. Each Party agrees that a final judgement by such arbitration is conclusive and may be enforced in other jurisdictions by suit on the judgement or in any other manner provided by law. This Agreement shall be governed by and construed in accordance with the laws of Massachusetts, without effect of any conflicts of law provisions.

  15. Effective Date, Term & Termination - This Agreement shall commence and be enforceable with respect to each Party upon the date that the Client initially purchases the coaching session/s, and it shall continue thereafter until the consumption of all allocated session/s or for a period of eight (8) weeks, whichever comes first. 

  16. Privacy Policy, Terms of Use & Disclaimer - The Coach’s Privacy Policy, Terms of Use & Disclaimer are hereby incorporated by reference into this Agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to the Client. In the event of a conflict between any of those policies and this Agreement, this Agreement shall govern.

  17. Support - If you have any questions regarding this Agreement, please send an email to contact@leadbeeleadership.com.