Online Coaching Agreement
If you signed up for coaching or consulting with me, you’re in the right place!
(And I’m thrilled you’re here.)
This page will aim to cover everything you need to know about my terms and conditions, so please read them before we begin working together. I’ve tried to write everything in the most accessible way possible, while still getting all the necessary legal bits covered.
Let’s dive in!
This agreement covers…
your legal rights and responsibilities
my legal rights and responsibilities, and
certain key information required by law.
The agreement below sets out the legal terms that will govern my relationship with you and apply to the services that I provide. The intention is that this will bring clarity to our relationship, protect both of us, and take care of the business side of things so that we can focus on the good stuff!
Please let me know if there are any clauses that you do not understand or that contradict your understanding of my services.
In this agreement:
‘I’, ‘me’ or ‘my’ means Kim Witten Coaching — a limited company with company number SC708138 and with its registered office at Staney Brae, Dunrossness, Shetland, United Kingdom, ZE2 9JG.
‘You’ or ‘your’ means the person buying or using my services and resources.
‘Services’ means any sessions or related work providing Transformational Coaching, Consulting, Mentoring, UX Design or Research.
If you would like to speak to me about any aspect of this agreement, please contact me by e-mail at insight@witten.kim
The Agreement
Introduction
If you buy services from me, you agree to be legally bound by this agreement.
If you use any of my free resources (for example: worksheets, Discovery Sessions, Speed Coaching Sessions, or any other resources I may offer free of charge from time to time) you also agree to be legally bound by this agreement as appropriate, excluding the clauses relating to payment and consumer rights legislation.
When buying any services or using any resources you also agree to be legally bound by my website terms of use and privacy policy; extra terms which may add to, or replace, some of this agreement, for example any specific written agreement between us; and specific terms which apply to my services, for example program or service descriptions which may be set out on the webpage for that program or in email correspondence between us.
All these documents form part of this agreement as though set out in full here.
Information I give you
Certain sections of this agreement only apply to you and me if you are a ‘consumer’; that is, if you are an individual acting for purposes which are wholly or mainly outside your business or profession. By law, the Consumer Agreements (Information, Cancellation and Additional Charges) Regulations 2013 say that I must give you certain key information before a legally binding agreement of sale between you and me is made (see the summary below). I shall give you this information in a clear and understandable way either in this agreement or the relevant programme or service description.
I shall give you information on:
the main characteristics of the services you are buying
who I am, where I am based, and how you can contact me
the price of the services
the arrangements for payment, carrying out the services and the time by which I shall carry out the services
how to exercise your right to cancel the agreement in the cooling off period if you are a consumer
my complaint handling policy
Signing up for my services
Below, I set out how a legally binding agreement to buy services between you and me is made:
You place your order at the end of the Calendly booking process by clicking on the payment link provided. Placing your order and making payment does not, however, mean that your order has been accepted. For services that I offer for free, such as a Discovery Session or a Speed Coaching Session, there is no payment process; booking a call is equivalent to placing an order for £0.
Any quotation given by me before you place an order for services is not a legally binding offer by me to supply such services. Any prices set out in a quotation remain valid for 14 days.
When you decide to place an order for services with me, this is when you make a legal offer to buy such services from me.
I may contact you to say that I do not accept your order, for example if I do not think my services are a right for you or there has been a mistake in the pricing or description of the services, or my circumstances have changed since I gave you the quotation for the services.
I shall only accept your order when I confirm this to you by sending you a confirmation email or start to provide the services, whichever happens earlier. At this point:
a legally binding agreement will be in place between you and me, and
I shall start to carry out the services as set out in the relevant program or services description.
Carrying out the services
If you are a consumer, you have protection under consumer rights legislation, including that the services must be carried out with reasonable care and skill.
I shall carry out the services within the time period which is set out in the relevant services description.
Unless otherwise agreed, paid coaching sessions are up to 60 minutes in length and free coaching sessions are 15-minutes in length. All sessions (including rearranged sessions) must be taken within the timeframe specified in the relevant services description or they will expire.
You can reschedule any sessions during each program providing you give me at least 2 hours’ notice. If you give me less than 2 hours’ notice or fail to turn up to a session, you will be deemed to have taken the session and you will not be able to reschedule it or entitled to any compensation for missing it. Exceptions may be made at my discretion.
Sessions usually take place remotely via Zoom or any other means of communication agreed with you in advance.
Please note that I may record our calls in order to share them with you. Consent will always be obtained before recordings begin. You may withdraw consent at any time.
My services might be affected by events beyond my reasonable control. If so, there might be a delay before I can restart the services. I shall make reasonable efforts to limit the effect of any of those events, I shall keep you informed of the circumstances, and I shall try to restart the services as soon as those events have been fixed. Examples of events which might be beyond my reasonable control include illness, pandemics, IT issues and internet connectivity, any law or action taken by a government or public authority, or if you change the services you require from me and I have to do extra preparation.
Where a session or event is due to take place in person, I reserve the right to move that session or event online where circumstances make it necessary or preferable to do so.
Your responsibilities
You will pay the price for the services in accordance with the relevant services description.
My services do not include counselling or therapy. They may involve all areas of your life. You acknowledge that deciding how to handle any issues which may arise, the choices you make in relation to them and whether or not you follow through on any agreed action is exclusively your responsibility. For this reason, although I fully expect great results to come from our session(s), I cannot guarantee any specific outcomes or that all people will achieve the same results. The results are entirely dependent on your commitment and the effort you put in to the sessions and the actions we agree.
My role is to offer you guidance and accountability and help you make positive health and lifestyle changes in order to make progress towards your goals. The information I provide to you is not medical advice and is not intended to take the place of seeing licensed health professionals.
You understand that I am not a medical doctor, or a trained psychiatrist or psychologist. My services do not treat mental disorders and are not a substitute for counselling, mental health care or medical treatment of any kind. By entering into this agreement you confirm that you will not use my services in place of any form of counselling or medical treatment.
If you are currently receiving treatment from a doctor or other healthcare professional, by entering into this agreement you confirm that you have consulted with this person regarding the advisability of working with me and that this person is aware of and supports your decision to proceed with the program described in the relevant services description.
You will keep me informed of any relevant changes to your medical health or personal circumstances. I fully respect your privacy and only need to know of any changes you think will impact our work and solely for the purpose of being able to adapt and support you better.
You confirm that you have read, understood and agree to these session guidelines.
Charges and payment – this section does NOT apply to free sessions or services!
I am not VAT registered; VAT is not currently applicable to any prices quoted.
The price for the services is set out in the relevant services description.
For individual sessions booked online, I require full payment in advance in order to provide the services. For all other services, I shall send you an invoice in respect of my fees once we have a signed agreement; my invoices are payable within 15 days.
My refund policy is as follows:
if you are a consumer, you have the right to a refund during the ‘cooling off’ period, as described below;
where I cancel a program (other than under the relevant portion of section 12 below) you are entitled to a partial refund for sessions which you have paid for in advance and which you have not received.
where you wish to cancel this agreement and you give me two week’s notice in writing, I shall give you a partial refund for sessions which you have paid for in advance and which you have not received, but I shall deduct reasonable compensation for the net costs I shall incur as a result of your ending the agreement.
Payment is via Stripe or direct transfer to my bank account.
If any of your payments are not paid on the due dates, I may charge interest on any balance outstanding at the rate of 4 percentage points a year above Starling's base rate.
I shall give you written notice at least 28 days in advance of any increase in my fees. If the increase is not acceptable to you, you may within 10 days of the date of the notice, terminate this agreement by giving written notice to me. In these circumstances the services will cease 28 days after the original notice of the price increase.
Cooling off period for consumers
If you are a consumer, subject to the cooling off period clause, below you have the right to cancel this agreement within 14 days of signing up without giving any reason.
The cancellation period will expire 14 days after the date of the agreement.
However, if you confirm to me that you wish me to start to provide the services within the 14 day cooling off period, then at this point my refund policy set out in clause 6 (point three) will apply. You confirm you wish me to start to provide the services within the 14 day cooling off period by doing any of the following during that time: booking a session with me for which the allocated date and time will then, also as a service, be reserved for you to the exclusion of all others; or accessing or downloading any digital resources I make available to you; or accessing any other supporting materials made available to you.
If you cancel this agreement in accordance with the cooling off period in clause 7 above, I shall reimburse to you all payments received from you promptly and using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise. However, this will only be the case if you have not confirmed to me you wish me to provide the services as specified in clause 7c. for which you will have to pay my reasonable costs.
Digital products. In accordance with clause 7 above, by accessing or downloading any digital products that are not offered freely within the 14 day cooling off period, you give your consent to me to provide the content and you acknowledge that by doing so, you lose your right to cancel your purchase unless the content is faulty.
Intellectual property
If I provide you with any materials, whether digital or printed, any intellectual property in those materials belongs to me and unless I agree otherwise you can only use those materials for your own personal use and you may not share them with third parties.
How I may use your personal information
I shall use the personal information you give to me to:
provide the services;
process your payment for the services; and
inform you about any similar products and services that I provide (though you may stop receiving this information at any time by contacting me).
I shall not give your personal information to any third party unless you agree to it.
See my privacy policy for full details of how I use your information.
Confidential information
All information shared by you on a one to one basis will be kept strictly confidential, except when releasing such information is required by law and/or where I consider it necessary to do so because of concerns of risk to yourself or others, or to assist the prevention or detection of a crime.
Where you participate in any group sessions, for example as part of a group program, you agree to keep strictly confidential any information shared by participants in those group sessions and not to share it with any third parties. You will not use the confidential information of any participant of a group session for your own benefit except with the explicit consent of that participant.
The obligations in this section’s clauses above will not apply to information which:
has ceased to be confidential through no fault of either party;
was already in the possession of the recipient before being disclosed by the other party; or
has been lawfully received from a third party who did not acquire it in confidence.
You will not use any Confidential Information for profit or for your own benefit in any way.
Your and my confidentiality obligations under this clause will continue after termination of this agreement.
Resolving problems
In the unlikely event that there is a problem with the services, please contact me as soon as possible and give me a reasonable opportunity to sort out any problems with you and reach a positive outcome.
I may at my option vary or re-perform the services if there is a problem and the terms of this agreement will apply to any re-performed services.
Nothing in this agreement affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
End of the agreement
If a services description specifies a length of time for services to be provided then subject to clause 12c below, the services will terminate at the end of that timeframe.
If I provide services to you on an ongoing basis and the relevant services description does not specify a timeframe then either you or I may terminate the services by one month’s written notice to each other.
Either you or I may terminate the services and this agreement immediately if:
the other party commits any material breach of the terms of this agreement or a services description and, in the case of a breach capable of being resolved, the breach is not resolved within 30 days of a written request to do so. The written request must expressly refer to this clause and state that the services and this agreement will be terminated if the breach is not resolved; or
the other party commits or threatens to commit or is threatened with any act of insolvency under the Insolvency Act 1986.
If I decide in my absolute discretion that we are not a good fit for each other, I may terminate this agreement immediately on notice, in which case I shall give you a partial refund for any elements of the services which you have paid for in advance and which you have not received.
If this agreement is ended, it will not affect my right to receive any money which you owe to me under this agreement and it will not operate to affect any provisions that expressly or by implication survive termination.
Limit on my responsibility to you
Except for any legal responsibility that I cannot exclude in law (such as for death or personal injury caused by negligence), I am not legally responsible for any:
losses that were not foreseeable to you and me when the agreement was formed which means any losses that might have been sustained by you that would not ordinarily be sustained by a client in your industry;
losses that were not caused by any breach of these terms on my part; and
business losses, including loss of business, business interruption, loss of profits, loss of management time and loss of business opportunity.
My total liability to you is limited to the amount of fees paid by you for the services and you confirm your understanding that the price of my services is calculated bearing in mind this limit on my liability.
Disputes
I shall try to resolve any disputes with you quickly and efficiently.
If we cannot resolve a dispute using my internal complaint handling procedure and either of us want to take court proceedings, the courts of England and Wales have exclusive jurisdiction in relation to this agreement.
The laws of England and Wales will apply to this agreement.
In the event of a dispute between us, you and I agree not to engage in any conduct or communications, including on social media, designed to disparage my or your website, products and services.
Entire agreement
These terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, assurance or warranty given by or on behalf of me which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
Third party rights
No one other than a party to this agreement has any right to enforce any term of this agreement.
Whew! We made it.
I hope that clarified things. If you have any questions, concerns, or other thoughts to share about anything above, please contact me at insight@witten.kim
Thanks for reading. This enables us to safely (and legally) do some great thinking together. I’m looking forward it!