Coaching Terms & Conditions

It does not matter where you are in your career, there may come a time when you need to chat things through with someone.  You may come across a situation you have not previously had to deal with, perhaps seen a material or building technique that you have not come across before, or simply want to explore a new area of work.  It may be that you wish to explore building conservation as a new area of work, or perhaps take a slightly different direction. Perhaps you have been asked to undertake an aspect of work that is on the edge of your comfort zone and competence.

The 1-2-1 coaching could, if desired, be based around the Three Ps training programme, perhaps picking up on some subjects where further assistance might be helpful.

The coaching session aims to provide you with guidance, make suggestions, and perhaps provide some teaching and new knowledge.  Most of all, the session will hopefully leave you feeling more confident to deal with matters.

 

Pre-Session

You will be expected to provide a brief outline of the matters you wish to explore and discuss during the session.  This will enable some preparation to be undertaken if necessary.

 

The Session

This will be online using Zoom.  It will be informal, and we will discuss matters at hand in a relaxed manner.  Where appropriate some teaching may be provided, together with guidance and suggestions.

The session will last up to 60 minutes.

 

Post Session

As appropriate, further information, perhaps suggested reading, etc., will be provided, pertinent to the matters discussed.

 

Follow-up/Second Session

At an agreed time after the initial session a follow-up will take place to assess how things are going and what more (if anything) needs to happen

 

Email Support

For a period of one month after the session you can email with follow-up questions, etc.  Replies will be provided, although depending on the nature of the question the replies may not be immediate.

For the recurring sessions the email support will continue for one month after the last session.

 

Critique

Depending on the purpose of the session, it may be appropriate for critique to be made.  If this is wanted the document must be provided in advance.

Please note that no specific guidance or comment can be made on live and ongoing projects.  It is not the role of this coaching to provide specific input on a live project.

However, old projects can be used for illustrative purposes and where examples may be useful.

 

Learning Outcomes

These sessions do not result in a formal qualification. 

The sessions and any ensuing research and private study would normally be considered as qualifying for formal CPD. 

The purpose of the session is to assist in development of knowledge and confidence to implement during day-to-day work.

These sessions might help supplement formal study (e.g., Diploma, MSc, Accreditation).

 

 

The session will be recorded and supplied to participants. 

 

 

COACHING AGREEMENT

Terms & Conditions

BETWEEN

  • BONIFACE ENTERPRISES LTD of 10 Windsor Gardens, Bishop’s Stortford, Herts. CM23 4PQ. (Coach, We or Us)
  • NAME of ADDRESS (Client or you)

 

AGREED TERMS

  1. TERM OF ENGAGEMENT
    • You are engaging us as a business/life coach to provide one to one coaching services (Services) on the terms of this agreement.
    • This agreement will continue unless and until terminated by either of us giving 1 months’ notice to the other in writing to the relevant address set out above.

 

  1. SESSIONS AND CANCELLATION
    • Each appointment at which the Services are provided (Session) will last for a maximum of one hour and will take place over Zoom.
    • The Session will be recorded, and a copy of the recording will be provided to you after the Session.
    • Either of us may cancel a Session by notice in writing, by email or by telephone to the other no less than 48 hours prior to the start of the Session.
    • If you cancel a Session, then you must pay the following cancellation fees:
      • no cancellation fee if you cancel a Session more than 48 hours before the start time of the Session; and
      • the full Session fee if you cancel the Session on or less than 48 hours prior to the start time of the Session and we are unable to rearrange due to the Coach’s existing diary commitments.
    • If either of us cancel a Session, we will re-schedule the Session at the earliest mutually convenient time.

 

  1. DUTIES OF COACH
    • We shall use reasonable skill and care in the provision of the Services. Notwithstanding anything to the contrary contained in these terms of use, the terms shall not be construed as owing any greater duty than the use of reasonable skill and care.

 

 

  • Other than as set out in clause 3.1 above, all warranties and representations are excluded to the fullest extent permitted by law. Due to the nature of coaching, we do not guarantee any particular results.
  • If for any reason we are unable to provide the Services at the agreed time, we will provide you with as much notice as possible and we shall reschedule the Session for a time mutually agreed.

 

  1. FEES
    • In consideration of us providing the Services to you, the following fees will be applicable.
    • Single Session – 1.5 hours and one month email support – £200, paid in advance.
    • Monthly Recurring Sessions – 2 hours per month plus email support plus Community membership (for one year) – £300 per month, paid monthly in advance.
    • Fees will be reviewed annually.

 

  1. CONFIDENTIAL INFORMATION
    • We acknowledge that in the course of providing the Services we will have access to Confidential Information (as defined in clause 16).
    • We agree not to (except in the proper course of our duties) use or disclose to any third party any Confidential Information. This restriction does not apply to:
      • any use or disclosure authorized by you or required by law;
      • any use or disclosure which we in our absolute discretion consider necessary or advisable in order to prevent illegal acts or harm to you or to others; or
      • disclosure to professional advisers/insurers; or
      • any information which is already in, or comes into, the public domain otherwise than through my unauthorized disclosure; or
      • general reference to project/engagement etc., within advertising or promotional material.
    • You may disclose to third parties such information about the Sessions as you wish.

 

  1. DATA PROTECTION AND INTELLECTUAL PROPERTY
    • You acknowledge and agree that your personal data will be processed by and on behalf of us as part of us providing you with the Services.
    • We are the owners or the licensee of all Intellectual Property Rights and all other rights in the materials and content that we use within the Sessions and nothing in this agreement or otherwise shall operate to transfer the ownership of the Intellectual Property Rights in such material or content to you or to any other person.
    • You may not at any time copy, reproduce, publish in any form, share, sell, dispose of, or otherwise make available to a third party in any way any of the content or materials that we use in the Sessions.
    • We grant to you a limited, non-exclusive, non-transferable, non-sub licensable revocable licence to use all or any of the content or material used in the Sessions for the purposes for which the Sessions were provided only.
    • You may not, without our prior written consent, make use of any audio or visual recordings of all or any part of our Sessions.
    • Retention of Documents policy – electronic copies of the Sessions will be retained for a period of 6 years only.
    • Cyber liability – to avoid the possible transmission of cyber viruses, malicious content, etc., any material that passes between us outside of a Session should be submitted to appropriate and rigorous scanning prior to sending.

 

  1. OBLIGATIONS ON TERMINATION
    • If either of us give notice to terminate this agreement pursuant to clause 1.2, then as soon as reasonably practicable after such notice (and in any event before the date of termination of this agreement), you shall make yourself available for a final Session.
    • On or before the date of termination of this agreement, you shall immediately pay any unpaid fees or other sums payable under this agreement.
    • Termination of this agreement shall not affect the accrued rights, remedies, obligations, and liabilities of either of us as at the date of termination of this agreement, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination.
    • Clauses which expressly or by implication have effect after termination shall continue in full force and effect after the date of termination of this agreement, including the following clauses: clause 5 (Confidential Information), clause 6 (Data Collection & Intellectual Property), clause 9 (Limitation on liability) and clause 15 (Governing law and jurisdiction).

 

  1. STATUS
  • The relationship between us will be that of independent contractor and nothing in this agreement shall render us your employee, worker, agent, or partner.

 

  1. LIMITATION ON LIABILITY
    • Nothing in this clause 9 shall limit our liability for death or personal injury caused by our negligence or for our fraud or fraudulent misrepresentation or for any matter for which liability cannot be legally excluded or limited.
    • We shall not be liable for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss of corruption of data, or information, or any special, indirect, consequential, or pure economic loss, costs, damages, charges, or expenses suffered, or incurred by you, as a result of you entering into this agreement and us providing the Services.
    • Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this agreement shall in all circumstances be limited to the total price paid by you for the Sessions.
    • If we are prevented from or delayed in performing our obligations by your act or omission or by any circumstance outside of our control, we shall not be liable to you for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay.
    • No action or proceedings for any breach of these terms of use whether in contract or in tort or in delict or in negligence or for breach of statutory duty or otherwise shall be commenced against the Consultant after the expiry of 6 years from the date that the Consultant last performs its services under this engagement.
    • In the event of a claim against us, set off is not permitted.
    • If any part of these terms of use are held to be invalid or unenforceable, the remaining terms will continue in full force and effect.
    • The provisions of this clause 9 shall survive termination of this agreement.

 

  1. FORCE MAJEURE
  • We shall not be in breach of this agreement, nor liable to you as a result of any delay or failure to perform the Services and/or our obligations under these terms of use as a result of a Force Majeure event. For the purpose of this agreement, a Force Majeure event is an event beyond our reasonable control including but not limited to strikes, lock-outs or other industrial disputes, government actions, failure of a utility service, a public or private telecommunications network or a transport network, act of God, war, riot, civil commotion, epidemic or pandemic, malicious damage, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
  • If the Force Majeure event prevents us from providing the Services and/or its obligations under these terms of use for more than 8 weeks, we shall, without limiting our other rights or remedies, have the right to terminate these terms of use immediately by giving written notice to the Client.

 

  1. ENTIRE AGREEMENT AND PREVIOUS CONTRACTS
  • You acknowledge and agree that:

(a)        this agreement constitutes the entire agreement and understanding between us and supersedes any previous arrangement, understanding or agreement between us relating to the provision of the Services (which shall be deemed to have been terminated by mutual consent);

(b)        in entering into this agreement, you have not relied on any Pre-Contractual Statement (as defined in clause 15).

 

  1. VARIATION
  • No variation of this agreement shall be valid unless it is in writing and signed by or on behalf of each of us.

 

  1. COUNTERPARTS
  • This agreement may be executed in any number of counterparts, each of which, when executed, shall be an original, and all the counterparts together shall constitute one and the same instrument.

 

  1. THIRD PARTY RIGHTS
    • The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under this agreement are not subject to the consent of any person that is not a party to this agreement.
    • We shall have no liability for any use by the you of any of the documents provided for any purpose other than that for which they were originally prepared or provided by us.
    • Nothing in this engagement shall confer or purport to confer on any third party any benefit or the right to enforce any term of these terms of use pursuant to the Contracts (Rights of Third Parties) Act 1999.

 

  1. GOVERNING LAW AND JURISDICTION
    • These terms of use are subject to the law of England and Wales and the parties hereto submit to the exclusive jurisdiction of the courts of England and Wales.
    • The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).

 

  1. INTERPRETATION
    • The definitions and rules of interpretation in this clause apply in this agreement (unless the context requires otherwise).

Confidential Information: information in whatever form relating to you and your affairs that are confidential to you including (but not limited to): (i) information that we obtain in connection with the provision of the Services and (ii) the fact that we are providing the Services to you.

Pre-Contractual Statement: any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to this agreement or not) relating to the provision of the Services other than as expressly set out in this agreement.

  • A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.
  • Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
  • Unless the context otherwise requires, words in the singular include the plural and, in the plural, include the singular.