Coaching Agreement

This Coaching Agreement is entered into by and between:

The Coach: Dan Stephens, Managing Member of Stephens Counseling, Consulting and Coaching, LLC; 5411 NE 107th Ave STE 100, Vancouver, WA 98662. Dan holds a Bachelor of Science in Psychology, a Master of Arts in Counseling, is a Licensed Mental Health Counselor in Washington State, and a Nationally Board-Certified Counselor. Areas of expertise include relationships, trauma, addictions, performance psychology, leadership development, and company culture.

The Client: The purchaser of any coaching service or package from the Coach, purchased through https://danstephens.as.me/schedule.php

Description of Counseling: Counseling is a collaboration between the Counselor and the Client to overcome personal or relationship challenges arising from a clinical mental health diagnosis listed in the DSM V or ICD 11. The counselor assesses, diagnoses, and treats the condition identified. Counseling is sometimes covered by health insurance.

Description of Coaching: Coaching is collaboration between the Coach and the Client in a thought-provoking and creative process that inspires the client to maximize personal and professional potential. It is designed to facilitate the creation / development of personal, professional, or business goals and to develop and carry out a strategy / plan for achieving those goals. The goals pursued in a coaching are not goals related to a clinical mental health diagnosis listed in the DSM V or ICD 11.

Description of Consulting: Consulting is a collaboration between the Consulting and the Client to solve specific business-related challenges. Effective consulting may include conducting interviews or surveys from numerous people within the Client’s company or organization.

This agreement specifies a Coaching Relationship, and NOT a Counseling or Consulting Agreement.

Coach agrees to provide Coaching Services for Client, focusing on the following topics / results / outcomes / goals attached to this Agreement as Schedule A.

Coach-Client Relationship

  1. 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 the Coach. As such, the Client agrees that the 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 the Coach. Client understands coaching is not therapy / counseling and does not substitute for therapy / counseling if needed, and does not prevent, cure, or treat any mental disorder or medical disease.
  2. Client further acknowledges that he/she may terminate or discontinue the coaching relationship at any time.
  3. 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. The Client agrees that deciding how to handle these issues, incorporate coaching principles into those areas and implementing choices is exclusively the Client’s responsibility.
  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 the Client and the Coach.
  5. The Client understands that in order to enhance the coaching relationship, the Client agrees to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the program.

Services

The parties agree to engage in a three-month Coaching Program through Zoom meetings or phone calls. Coach will be available to Client by e-mail, text, or voicemail in between scheduled meetings as defined in the Schedule & Fees section below. Coach may also be available for additional time, per Client’s request on a prorated basis rate of $150/hour (for example, reviewing documents, reading or writing reports, engaging in other Client related services outside of coaching hours).

Schedule and Fees

This coaching agreement is valid as of the date signed. The fee and specific services included will depend on the services or packages purchased with this agreement (receipts are proof of purchase). Services and packages include any combination of the following:

  1. 25-minute meetings
  2. 50-minute meetings
  3. 75-minute meetings
  4. 100-minute meetings
  5. 5-hour package: This package offers 250 minutes of meeting time for 5% off. All meetings must be used in 30 days.
  6. 10-hour package: This package offers 500 minutes of meeting time for 10% off. All meetings must be used in 60 days.
  7. 15-hour packages: This package offers 750 minutes of meeting time for 15% off. All meetings must be used in 90 days.
  8. Messaging availability (only with package purchases): With messaging availability, the coach will be available to communicate with the client between scheduled meetings by text, email, or voicemail. Messaging availability ends after all meetings have been used.

Fees and Rates

The coach evaluates and updates his hourly rates every year. The fees and rates are those in effect at the time of the client’s purchase.

Refunds

Refunds will not be issues after services have been rendered, or after packages have expired. Refunds requested before a package expires will have the full, non-discounted value of services rendered subtracted from the refundable amount. Messaging availability will be refunded in proportion to services rendered (for example, if 1 meeting in a 10-meeting package has been used, then 10% of the price of messaging availability will be subtracted from the refundable amount).

Procedure

The time of the coaching meetings will be determined by the client through the scheduling portal (https://danstephens.as.me/schedule.php). The client will receive meeting reminders at 48, 24, and 1 hour(s) before the meeting. At the time of the meeting, the client will use the Zoom meeting link in the reminder emails to access the meeting. To ensure a quality meeting, it is the Client’s responsibility to ensure that he or she has a stable internet connection, has closed all programs or apps other than Zoom, and is using an appropriate headset and camera to participate in the call.

Confidentiality

This coaching relationship, as well as all information (documented or verbal) that the Client shares with the Coach as part of this relationship, is bound by the principles of confidentiality. 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. The Coach agrees not to disclose any information pertaining to the Client without the Client’s written consent. The Coach will not disclose the Client’s name as a reference without the Client’s consent. Confidential Information does not include information that:

  1. was in the Coach’s possession prior to its being furnished by the Client;
  2. is generally known to the public or in the Client’s industry;
  3. is obtained by the Coach from a third party, without breach of any obligation to the Client;
  4. is independently developed by the Coach without use of or reference to the Client’s confidential information; or
  5. the Coach is required by statute, lawfully issued subpoena, or by court order to disclose;
  6. is disclosed to the Coach and as a result of such disclosure the Coach reasonably believes there to be an imminent or likely risk of danger or harm to the Client or others; and
  7. involves illegal activity. The Client also acknowledges his or her continuing obligation to raise any confidentiality questions or concerns with the Coach in a timely manner.

Release of Information

The Coach engages in training and continuing education pursuing and/or maintaining ICF (International Coach Federation) Credentials. That process requires the names and contact information of all Clients for possible verification by ICF. The client agrees to have only his or her name, contact information and start and end dates of coaching shared with ICF staff members and/or other parties involved in this process for the sole and necessary purpose of verifying the coaching relationship, no personal notes will be shared. According to the ethics of our profession, topics may be anonymously and hypothetically shared with other coaching professionals for training, supervision, mentoring, evaluation, and for coach professional development and/or consultation purposes.

Cancellation Policy

Client agrees that it is the Client’s responsibility to notify the Coach 24 hours in advance of the scheduled calls/meetings. Coach reserves the right to bill Client for a missed meeting. Coach will attempt in good faith to reschedule the missed meeting.

Record Retention Policy

The Client acknowledges that the Coach has disclosed his/her record retention policy with respect to documents, information and data acquired or shared during the term of the Coach-Client relationship. Such records will be maintained by the Coach in a format of the Coach’s choice for a period of not less than 7 years.

Termination

Either the Client or the Coach may terminate this Agreement at any time with 2 weeks written notice. Client agrees to compensate the Coach for all coaching services rendered through and including the effective date of termination of the coaching relationship.

Limited Liability

Except as expressly provided in this Agreement, the 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 the Coach be liable to the Client for any indirect, consequential or special damages. Notwithstanding any damages that the Client may incur, the Coach’s entire liability under this Agreement, and the Client’s exclusive remedy, shall be limited to the amount actually paid by the Client to the Coach under this Agreement for all coaching services rendered through and including the termination date.

Entire Agreement

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

Dispute

Resolution If a dispute arises out of this Agreement that cannot be resolved by mutual consent, the Client and Coach agree to attempt to mediate in good faith for up to 90 days after notice given. If the dispute is not so resolved, and in the event of legal action, the prevailing party shall be entitled to recover attorney’s fees and court costs from the other party.

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 the 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.

Waiver

The failure of 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.

Applicable Law

This Agreement shall be governed and construed in accordance with the laws of the State of Washington, without giving effect to any conflicts of laws provisions.

Binding Effect

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