Career Action Coaching Agreement & Policies

 

Effective date: May 2022

This Career Action Coaching Agreement is entered into by and between: Julia Toothacre of Ride The Tide Collective, Inc. (“COACH”) and CLIENT whereby Coach agrees to provide three, 60-minute, custom career coaching sessions geared toward the client's needs and expectations.

1) Coaching Engagement

  1. Coaching is a partnership (defined as an alliance, not a legal business partnership) between Coach and Client in a thought-provoking and creative process that inspires Client to maximize personal and professional potential. It is designed to facilitate the creation/development of Client’s personal, professional or business goals and to develop and carry out a strategy/plan for achieving those goals. 
  2. Coach agrees to meet with Client for three 60-minute coaching and strategy sessions. Coach will provide career coaching and strategy aligned to the client's needs.  Client agrees to engage with and execute agreed upon actions BEFORE they meet with Coach, when appropriate.

2) Coach-Client Relationship 

  1. Client acknowledges that coaching is a comprehensive process that may involve different areas of his or her life, including work, finances, health, relationships, education, and recreation.  Client agrees that deciding how to handle these issues, incorporate coaching principles into those areas and implementing choices is exclusively Client’s responsibility.
  2. Client is solely responsible for creating and implementing his/her own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the coaching relationship and his/her coaching calls and interactions with Coach.  As such, Client agrees that Coach is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by Coach.  Client understands 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.
  3. Client understands that in order to enhance the coaching relationship, Client agrees to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the program. 
  4. Client acknowledges that coaching does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association and that coaching is not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals and that it is the Client’s exclusive responsibility to seek such independent professional guidance as needed. If Client is currently under the care of a mental health professional, it is recommended that the Client promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by Client and Coach. 

3)  Fees and Refunds

  1. This coaching agreement is valid upon a one-time full payment of $747.00 USD. Payment will be processed online through Coach’s online payment processor (Stripe).  This process is the safest and most secure method of payment in which Coach does NOT need to retain payment information.
  2. Client acknowledges that he/she may terminate or discontinue the coaching relationship at any time.  Refunds will not be issued for coaching time used and will be accounted for at the full hourly rate of $449. Client may request a refund by contacting [email protected] and detailing the reasons for requesting a refund.

4)  Scheduling and Cancellation

  1. The time of the coaching session will be determined by Coach and Client based on a mutually agreed-upon time pre-scheduled through Coach’s scheduling software (Calendly).  Coach will provide a Zoom link in the calendar invite for Client.  Each party is responsible to login at the agreed-upon time ready to engage.  Coaching sessions are expected to last 60 minutes and will end promptly.
  2. It is Client’s responsibility to make this time available and a personal priority.  Barring any unforeseen circumstances, session may not be rescheduled without at least 48 hours of advance written notice.
  3. Client must come prepared to coaching session with all material requested by Coach, if appropriate.  In the event Client is not fully prepared, Coach will facilitate the session with as much information as possible; no make-up sessions will be available. 

5)  Ethics and Confidentiality 

  1. Coach agrees to maintain the ethics and standards of behavior established by the National Career Development Association, NCDA (https://www.ncda.org/aws/NCDA/asset_manager/get_file/3395). It is recommended that Client review the NCDA Code of Ethics and the applicable standards of behavior. 
  2. This coaching relationship, as well as all information (documented or verbal) that Client shares with Coach as part of this relationship, is bound by the principles of confidentiality set forth in the NCDA 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 recognized privilege.  
  3. Confidential Information does not include information that: (a) was in Coach’s possession prior to its being furnished by Client; (b) is generally known to the public or in Client’s industry; (c) is obtained by Coach from a third party, without breach of any obligation to Client; (d) is independently developed by Coach without use of or reference to Client’s confidential information; or (e) Coach is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to Coach and as a result of such disclosure Coach reasonably believes there to be an imminent or likely risk of danger or harm to Client or others; and (g) involves illegal activity.  Client also acknowledges his or her continuing obligation to raise any confidentiality questions or concerns with Coach in a timely manner.  Coach agrees not to disclose any information pertaining to Client without Client’s written consent.  Coach will not disclose Client’s name as a reference without Client’s consent.

6) Copyright

The contents of this program, including videos, images, diagrams, and activities, etc. are copyrighted by Julia Toothacre and Ride The Tide Collective, Inc.  Client is thereby prohibited from copying, sharing, or altering the contents of this program.  In the event Client desires to share information or content about the program, Client must contact Coach in advance to determine what may be shared and what may not be shared. 

7) Limited Liability 

Except as expressly provided in this Agreement, Coach makes no guarantees, representations, or warranties of any kind or nature, express or implied, with respect to the coaching services negotiated, agreed-upon, and rendered. In no event shall Coach be liable to Client for any indirect, consequential, or special damages.  Notwithstanding any damages that Client may incur, Coach’s entire liability under this Agreement, and Client’s exclusive remedy, shall be limited to the amount actually paid by Client to Coach under this Agreement for all coaching services rendered through and including the termination date. 

8) Dispute Resolution 

  1. If a dispute arises out of this Agreement that cannot be resolved by mutual consent, Client and Coach agree to attempt to mediate in good faith for up to 30 days after notice given.  In the event the dispute is not resolved, binding arbitration will be the final remedy available to either party.  The prevailing party shall be entitled to recover attorney’s fees and dispute resolution costs from the other party.  Mutual consent conversation shall be conducted via video conference and any mediation or arbitration shall be conducted in person in the 3rd Judicial District of Utah.
  2. Should the relationship reach the dispute phase, Client shall not post any negative, defaming, or controversial reviews of Coach or Coach’s company.  Client may only post findings of fact as determined by dispute resolution tribunal and only pursuant to a ruling deeming such posting permissible.

9) Severability 

If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.  If a Court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 

10) Waiver 

Failure by either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement. 

11) Binding Effect 

This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns. 

12) Entire Agreement 

This Agreement, whether in digital or printed form, reflects the entire agreement between Coach and Client, and reflects a complete understanding of the parties with respect to the subject matter.  This Agreement supersedes all prior written and oral representations.  This Agreement may not be amended, altered or supplemented except in writing signed by both Coach and Client. 

Please check the box on the investment page to agree to these policies.

Contact Us

If you have any questions, concerns or complaints about this agreement and policy, please contact us:

By email: hello [at] ridethetidecollective.com