Business Coaching Client Agreement
In consideration of the fees and coaching services exchanged, Nadescha San Stenzel and the Client agree to the following terms and conditions contained herein:
1. Nadescha San Stenzel will provide coaching services as offered as part of the group program or individual coaching agreement.
2. Completing the overall program commitment ensures that clients can work on their mindset, actions, habits, and other important work to achieve their next level of results. Real, impactful change takes concentrated effort and time. The Client understands and agrees with this concept. The coaching term shall begin upon acceptance of this agreement.
3. The Client shall pay Nadescha San Stenzel the price of the offer either through PayPal or Paypal Auto Payments or Stripe or bank transfer. Nadescha San Stenzel must receive payment in order to begin the coaching relationship. Refunds are not available on private coaching, programs, courses or services provided. Results are based upon the actions and behaviors implemented by the Client, and are not guaranteed.
4. LATE PAYMENTS: Payment plan payments not received by the due date will result in the Client being removed from all programs, groups and access immediately. Nadescha San Stenzel reserves the right to refuse completion or delivery of work until past due balances are paid. If the Client has not paid invoice within 7 days of receipt of such invoice, the Client agrees that they will be charged a late fee of 5% of the total amount due on a weekly basis until payment is received.
4. Upon completion of this agreement, the Client has the option of upgrading to a new package according to the Nadescha San Stenzel’s rates or fees at that time.
5. Both parties agree to attend the coaching sessions at the scheduled times. If the Client needs to reschedule, they will do so with a minimum of 24-hours notice to Nadescha San Stenzel. Emergencies may arise and will be accommodated on a case-by-case basis. A rescheduled call must be made up within 2 weeks of cancellation and no additional call will be provided if it is not.
6. Both parties agree that coaching may address specific business/life projects, business/life successes, and/or general conditions in your workplace, relationships, communication skills, organizational skills, health goals, career paths, spiritual guidance, goal setting and more. Additional coaching services may include value and priority clarification, brainstorming, identifying action plans, examining modes of operating in life, asking clarifying questions, and making empowering requests or suggestions for action.
7. Both parties agree that successful coaching relationships require a co-active collaborative approach between the Client and Nadescha San Stenzel. In the relationship, Nadescha San Stenzel plays the role of a facilitator of change and it is the Client’s responsibility to enact or bring about the desired change. Nadescha San Stenzel cannot guarantee results or successes. Nadescha San Stenzel will work diligently to guide the Client.
8. The Client can, at any point during coaching sessions, declare his or her preference not to discuss a specific issue by simply stating that they do not wish to discuss this issue. Nadescha San Stenzel agrees to respect such boundaries.
Statement of Intent
All coaching services, principles, methods, tools, and suggestions delivered by Nadescha San Stenzel are meant to challenge, educate, motivate, and support clients. However, coaching is not psychotherapy. Coaching may augment therapy, yet coaching should be utilized when significant emotional and psychological wounds are healed or nearly healed. In that spirit, please read and accept the following:
I, the Client, understand and agree that:
1. The coaching services I will receive from Nadescha San Stenzel are not offered in any way as a substitute for mental health or psychological care. I understand that Nadescha San Stenzel is not acting in any way as a psychotherapist, psychologist, or other mental health professional and does not purport to offer mental health care.
2. Coaching sessions are not psychological counseling, relationship counseling, financial advising, estate planning, nor any other type of counseling or therapy sessions. Representatives of Nadescha San Stenzel are not financial advisors and no content provided either by Nadescha San Stenzel or coaching materials is intended as financial advice and Nadescha San Stenzel does not recommend any particular investment.
3. Nadescha San Stenzel will maintain confidentiality of our communications only to the extent defined by Austrian Law.
4. I am fully responsible for my well-being during my coaching calls including but not limited to my choices, reactions, and decisions. If I feel I need professional counseling or therapy, it is my responsibility to see the help of a licensed professional.
5. All comments and ideas offered by Nadescha San Stenzel are solely intended to aid in achieving my defined goals. I have the ability to give my informed consent and give consent to Nadescha San Stenzel to assist me in achieving such goals.
6. I am fully responsible for the full amount of this agreement to be paid to Nadescha San Stenzel by the last date of payments due. Should I not make full due payments I will be legally held accountable by law and collections and my credit will be affected.
7. I hereby release, waive, acquit and forever discharge Nadescha San Stenzel and all employees from every claim, demand or right to compensation for damages I may claim to have or that I may have arising out of actions, errors, omissions, or commissions taken by myself, Nadescha San Stenzel, or her representatives as a result of the services provided or otherwise resulting from the coaching relationship contemplated hereunder, as far as possible under Austrian or any other applicable law. I will not hold Nadescha San Stenzel, her coaches, or representatives responsible for any negligent actions or adverse results, whether known or unknown, that I may incur or suffer as a result of the coaching session I receive, as far as possible under Austrian or any other applicable law. I further declare and represent that no promise, inducement or agreement not herein expressed has been made to me to enter into this release. The release made pursuant to this paragraph shall bind my heirs, executors, personal representatives, successors, assigns, and agents.
Confidentiality Agreement
Conversations between Nadescha San Stenzel and the Client within private coaching sessions are confidential and will be protected as such. Information will be shared outside of these sessions only with the Client’s written consent or if law requires disclosure, or in anonymous form. (Please note that group coaching sessions are recorded and may be made available to future clients.)
However, the following are instances where the coach may be obligated to supersede the confidentiality agreement without the Client’s permission:
1. If it is assessed during your coaching sessions that abuse, neglect, or endangerment of others is occurring.
2. If Nadescha San Stenzel perceives that the Client intends to, or threatens to, harm another individual and Nadescha San Stenzel is convinced that the Client will act on this threat or that the Client may lose control of his or her own actions.
3. If at any time Nadescha San Stenzel determines that the Client is in danger to themselves or others, Nadescha San Stenzel may inform the Client of that opinion and make every effort to keep the Client from endangering their life or the lives of others. In some cases, this may include notifying appropriate authorities, professionals, family members, or friends as deemed appropriate.
4. Regarding general safety, Nadescha San Stenzel further recommends that all clients use technology, cell phones, and other media appropriately and safely during all coaching interactions. Coaches will assume that an interaction is safe and appropriate if a client uses technology or devices to communicate with their coach. Nadescha San Stenzel does not recommend coaching while driving or operating vehicles.
As a client, I’m personally responsible for the actions I take. As such, I do not hold, Nadescha San Stenzel liable for consequences of my actions, or lack thereof. I understand that Nadescha San Stenzel is not an employment agent, business manager, financial consultant, or psychotherapist, and is acting as a Coach and not a counselor. I understand that I am responsible for my results from this coaching/consulting relationship, the success of my business, and for the full balance/payments to be paid to Nadescha San Stenzel and that my payments be paid on time. I understand this is a legally binding agreement.
Rights of consumers
This paragraph applies to clients who are consumers in the legal sense. The Client confirms by accepting this agreement that he/she has been expressly informed of the rights to rescind pursuant to law as listed below. The information is included in Schedule 1 and has been read and understood by the Client:
- Right to rescind (Rücktrittsrecht) pursuant to the Act relating to Distant Selling and Agreements entered into outside from Business Premises (Bundesgesetz über Fernabsatz und außerhalb von Geschäftsräumen geschlossene Verträge – FAGG) (Federal Law Gazette I no 33/2014), including a sample information relating to the right of revocation.
Final clause
Upon accepting this agreement, it replaces any prior written agreements. Amendments and additions to this agreement must be made in writing. This also applies to any deviation from the requirement of the written form.
The invalidity or ineffectiveness of any provision of this agreement does not affect the legal effectiveness of the remaining provisions. In this case it is deemed that the parties have replaced the void or ineffective provisions by effective agreements which come as close as possible to the initial intent of the parties. The above also applies to any contractual gaps.
All disputes arising out of or in connection with this agreement or individual provisions thereof are subject to Austrian substantive law and are subject to the jurisdiction of the competent court in 3100 St Pölten.
By accepting these Terms and Conditions electronically, I confirm that I have read, understand and agree to all of the above terms and verify that all of the personal information I have provided is true.
Schedule ./1: Information relating to the right of rescind (Rücktrittsrecht)
Clients legal mailing address:
________________________________________________________________.
Clients phone number___________________________(C) ________________________(H)
Coach Signature _______________________. Date__________________.
Schedule ./1: Information relating to the right to rescind (Rücktrittsrecht) in the case of consumers.
Information relating to the right to rescind (Rücktrittsrecht) pursuant to the Act relating to Distant Selling and Agreements entered into outside from Business Premises (Bundesgesetz über Fernabsatz und außerhalb von Geschäftsräumen geschlossene Verträge – FAGG)
Information relating to the right of revocation
Right of revocation
You have to right to revoke the Agreement within fourteen days without specifying any reasons.
The revocation period is fourteen days upon concluding the agreement.
To exercise your right of revocation you have to provide
Nadescha Stenzel
Landersdorf 108/21
3124 Oberwölbling
Tel.: +43 664 2150 535
hello@nadeschasanstenzel.com
with an explicit notice (for example a letter sent by post or e-mail) relating to your decision to revoke this agreement. This notice does not require a specific form. You can use the attached template, however, please note that this is not required.
To comply with the revocation period, it is sufficient that you post the notice relating to the exercise of your right of revocation prior to the expiry of the period.
Consequences of the revocation
Your revocation of the agreement results in the prompt and early termination of the Agreement. In addition, Nadescha San Stenzel has to promptly and, in any case no later than within fourteen days following the receipt of your revocation notice, repay all fees, which you have paid to Nadescha San Stenzel. Nadescha San Stenzel will use the same payment method for this repayment, which you have used for the initial transaction unless expressly agreed otherwise with you; in no event will you be charged with any fees due to this repayment.
Template for revocation
If you want to revoke the agreement, you can (but are not obliged to) use the following template and send this to Nadescha San Stenzel.
Template for the revocation from the Agreement pursuant to Act relating to Distant Selling and Agreements entered into outside from Business Premises (Bundesgesetz über Fernabsatz und außerhalb von Geschäftsräumen geschlossene Verträge – FAGG)
Nadescha Stenzel
Landersdorf 108/21
3124 Oberwölbling
Tel.: +43 664 2150 535
hello@nadeschasanstenzel.com
Re: Revocation
I,
Name: ______________
Address: ______________
Email: ______________
Tel.: ______________
Revoke the agreement concluded with you on _____________ (date).
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_____________________________ |
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signature |
Exceptions to the right of revocation
In the case of services which are delivered electronically, the right of revocation does NOT apply where the Client has explicitly demanded that the service be provided prior to expiry of the revocation period (whether live coaching or digital products) and that he/she is fully aware that in such case said right no longer exists.
By accepting these Terms and Conditions, the Client expressly confirms that he/she is aware that the right of revocation no longer applies where the service has been fully delivered prior to expiry of the revocation period and the Client also expressly confirms that in such case he/she has effectively demanded that the service is to be completed prior to expiration of the revocation period.
In the case that the right of revocation is exercised by the Client within the revocation period determined by law and a part of the service has already been delivered, the Client is obliged to pay the proportional part of the service fee corresponding to the part already delivered.