Counseling/Coaching/Mentoring Agreement.
This Agreement is entered into by and between: Jeannie Frances Stumne, M.S. and Participant (who purchases a Package, sessions, or group experience) whereby Counselor/Coach/Mentor agrees to provide Counseling/Coaching/Mentoring Services or group experience for Participant.
Description of Counseling/Coaching/Mentoring: Counseling/Coaching/Mentoring is a partnership (defined as an alliance, not a legal business partnership) between the Counselor/Coach/Mentor and the Participant in a self-inquiry and creative process that inspires the Participant to maximize their potential, grow and evolve. It is designed to facilitate the creation/development of personal and career intentions and to develop and carry out a responsive map for achieving those intentions.
1) Counselor/Coach/Mentor-Participant Relationship
A. Counselor/Coach/Mentor agrees to maintain the ethics and standards of behavior established by the International Coach Federation “(ICF)” (Coachfederation.org/ethics). It is recommended that the Participant review the ICF Code of Ethics and the applicable standards of behavior.
B. Participant acknowledges that the Services are not a guarantee of results. Participant is solely responsible for creating and implementing their own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the Counselor/Coach/Mentor relationship and their sessions and interactions with the Counselor/Coach/Mentor. As such, the Participant agrees that the Counselor/Coach/Mentor 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 Counselor/Coach/Mentor. Participant understands Counseling/Coaching/Mentoring is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease.
C. Participant further acknowledges that he/she may terminate or discontinue the Counselor/Coach/Mentor relationship at any time.
D. Participant acknowledges that Counseling/Coaching/Mentoring is a comprehensive process that may involve different areas of their life, including work, finances, health, relationships, education and recreation. The Participant agrees that deciding how to handle these issues, incorporate Counseling/Coaching/Mentoring principles into those areas and implementing choices is exclusively the Participant’s responsibility.
E. Participant acknowledges that Counseling/Coaching/Mentoring does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association and that Counseling/Coaching/Mentoring is not to be used as a substitute for psychological 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 Participant’s exclusive responsibility to seek such independent professional guidance as needed. If Participant is currently under the care of a mental health professional, it is recommended that the Participant promptly inform the mental health care provider of the nature and extent of the Counseling/Coaching/Mentoring relationship agreed upon by the Participant and the Counselor/Coach/Mentor.
F. The Participant understands that in order to enhance the Counseling/Coaching/Mentoring relationship, the Participant agrees to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the sessions/program.
2) Services
The parties agree to engage in Counseling/Coaching/Mentoring sessions which will be in the Package or Group Experience and confirmed by email. Counselor/Coach/Mentor will be available to Participant by email and in between scheduled sessions as defined by the Counselor/Coach/Mentor. Counselor/Coach/Mentor may also be available for additional time, as outlined in the available packages.
3) Schedule and Fees
This Counseling/Coaching/Mentoring agreement is valid as soon as the individual session or package purchase has been made and will continue to be for future individual sessions and package purchases. The fees will be paid in advance when scheduling each package. The sessions/offerings shall be outlined in the package you have purchased. The rates of the package you have already booked will not change. Future packages may be subject to a rate change that you would agree to when purchasing.
The refund policy in effect for the term of this Agreement is as follows: Once payment is made by the Participant for booking a session, package or group experience, fees are 100% non-refundable. Each Participant shall receive one (1) free rescheduling if the Appointment is rescheduled at least twenty-four (24) hours prior to the scheduled session. However, if the session is rescheduled within twenty-four (24) hours of the scheduled session, or if the session is canceled, or if the Appointment is rescheduled at least forty-eight (48) hours before the scheduled Appointment more than one (1) time, then in each such case, no refunds are available.
4) Procedure
The time of the Counseling/Coaching/Mentoring meetings and/or location will be determined by Counselor/Coach/Mentor and Participant based on the appointment time chosen by the Participant. The details of the meeting will be found in the appointment calendar or otherwise specified by the Coach.
5) Confidentiality and Intellectual Property
This Counseling/Coaching/Mentoring relationship, as well as all information (documented or verbal) that the Participant shares with the Counselor/Coach/Mentor as part of this relationship, is bound by the principles of confidentiality set forth in the ICF Code of Ethics. However, please be aware that the Coach-Participant 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 Counselor/Coach/Mentor agrees not to disclose any information pertaining to the Participant without the Participant’s written consent. The Counselor/Coach/Mentor will not disclose the Participant’s name as a reference without the Participant’s consent.
Confidential Information does not include information that: (a) was in the Coach’s possession prior to its being furnished by the Participant; (b) is generally known to the public or in the Participant’s industry; (c) is obtained by the Counselor/Coach/Mentor from a third party, without breach of any obligation to the Participant; (d) is independently developed by the Counselor/Coach/Mentor without use of or reference to the Participant’s confidential information; or (e) the Counselor/Coach/Mentor is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to the Counselor/Coach/Mentor and as a result of such disclosure the Counselor/Coach/Mentor reasonably believes there to be an imminent or likely risk of danger or harm to the Participant or others; and (g) involves illegal activity. The Participant also acknowledges his or her continuing obligation to raise any confidentiality questions or concerns with the Counselor/Coach/Mentor in a timely manner.
The Participant and Counselor/Coach/Mentor shall be the sole owner of all of their intellectual property.
The Participant expressly acknowledges that the Counselor/Coach/Mentor has developed a system as well as associated software, materials, trade secrets and know-how to provide the Services (the “Systems”). Participant acknowledges that any rights in any improvements to the Systems made as a result of or in connection with the performance of the Services (including any suggestions made by Participant) shall be owned by the Counselor/Coach/Mentor (and the Participant waives all moral rights in favour of the Counselor/Coach/Mentor in this regard).
6) Release of Information
The Counselor/Coach/Mentor engages in training and continuing education pursuing related to the field. 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.
7) Cancellation Policy
Participant agrees that it is the Participant's responsibility to notify the Counselor/Coach/Mentor 24 hours in advance of the scheduled sessions via the calendar system. The Counselor/Coach/Mentor will not reimburse or add an appointment for the Participant for a missed meeting unless agreed upon in advance due to extenuating circumstances.
8) Termination
Either the Participant or the Counselor/Coach/Mentor may terminate this Agreement at any time.
9) Limited Liability
Except as expressly provided in this Agreement, the Counselor/Coach/Mentor 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 Counselor/Coach/Mentor be liable to the Participant for any indirect, consequential or special damages. Notwithstanding any damages that the Participant may incur, the Counselor/Coach/Mentor’s entire liability under this Agreement, and the Participant’s exclusive remedy, shall be limited to the amount actually paid by the Participant to the Counselor/Coach/Mentor under this Agreement for all Counseling/Coaching/Mentoring services rendered through and including the termination date.
10) Entire Agreement
This document reflects the entire agreement between the Counselor/Coach/Mentor and the Participant, 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 Counselor/Coach/Mentor and the Participant.
11) Dispute Resolution
If a dispute arises out of this Agreement that cannot be resolved by mutual consent, the Participant and Counselor/Coach/Mentor agree to attempt to mediate in good faith for up to 30 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.
12) 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.
13) 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.
14) Applicable Law
This Agreement shall be governed and construed in accordance with the laws without giving effect to any conflicts of laws provisions.
15) Binding Effect
This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns.
Counselor/Coach/Mentor and Address: Jeannie Stumne, Shine Brighter LLC
17888 Jubilee Way, Apt D
Lakeville, MN 55044