What to Expect!

Terms and Conditions – Coaching Agreement

 

BETWEEN:

 

1. Sabina Challenger Consultancy Limited Trading as Its My Family of Unit 10 Tiger Court, Kings Business Park, Knowsley, Merseyside, England, L34 1BH

2. [Customer/Client/Consumer]

 

Agreed terms

1.Term of engagement

1.1 You are engaging me as a safeguarding and communication coach to provide coaching services on the terms of this agreement as specified in the Schedule to this Agreement.

 

1.2 This contract between us will commence on the date you submit your booking form and will continue either until all of the Services have been performed or unless, and until terminated by either of us giving [2 weeks’] notice to the other in writing via email address [contact@its-myfamily.com].

 

2.Scope of services

2.1  The coach provides guidance to help clients communicate safeguarding concerns they may have.  The services does not include provision of legal advice, completion of risk assessments, completion of independent social work assessments, provision of McKenzie advice or writing position or witness statements. The coach does not make assessment, diagnosis, or determinations on whether domestic abuse is present.  The determination of such matters is outside the jurisdiction of this service.  Clients with concerns of domestic abuse should seek support from appropriate domestic abuse and safeguarding services.

 

3.Sessions and cancellation

3.1 Each appointment at which the Services are provided will last for a maximum of either 30 minutes, 60 minutes or 90 minutes and will take place via video call online.  

 

3.2 Payment for sessions must be made in full at the time of booking. You may cancel a session by providing written notice by email at least 14 days before the session.  In doing so the following cancellation fees will be payable by you. 

(a)no cancellation fee if you cancel a Session more than 7 days before the start time of the session.

(b)50 % cancellation fee if you cancel a Session between 7 days and 48 hours before the start time of the Session

(c)100% cancellation fee if you cancel the Session less than 48 hours prior to the start time of the Session.

(d)This does not affect your consumer rights to cancel this agreement 14 days from date of this agreement.

 

3.3 If It’s My Family need to cancel a session, I will re-schedule the session to the earliest mutually convenient time.   If I am unable to reschedule within 90 days, you will receive a full refund.  

 

3.4 A Session which has already taken place cannot be cancelled and no refund is due.  The client acknowledges that once the session has commenced, the right to cancel under the Consumer Contracts Regulations 2013 does not apply to that session.

 

4.Duties of Coach

4.1 I shall provide the Services with due care, skill and ability.

 

4.2 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, I do not guarantee any particular results.

 

5.Fees

5.1 In consideration of me providing the Services to you, you will pay me a fee for each Session as follows £70 per 30 minutes, £130 per 60 minutes and £180 per 90 minutes inclusive of VAT for coaching sessions. £60 and £120 for documentation support.  Sessions will end at the scheduled time.  If a session runs more that 10 minutes you will be charged via a separate invoice per minute based at an hourly rate on the amount paid.

 

5.2 As you are purchasing the Services as a consumer (namely you are not purchasing the Services wholly or mainly in the course of a trade, craft, profession or business), the following applies:

(a)you have the right to cancel this agreement within 14 days of the date of this agreement by emailing us at contact@its-myfamily. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. If you cancel this agreement, we will reimburse to you all payments received from you in relation to the agreement within 14 days after the date on which we were informed about your decision to cancel this Contract.  However if you notify us of this cancellation within 48 hours prior to your scheduled booking we will deduct 30% from your refund to reflect the loss of earnings we incur from being unable to rebook that slot at such short notice.  You will receive a refund of 70% of the fee paid; and

 

(b)in relation to the provision of any services under this Contract:

(i)you hereby request immediate performance of the service and acknowledge that you will lose your right to cancel once the service has been fully performed

(ii)if you cancel the Contract before the services have been fully performed, you agree that you will pay for the supply of the service for the period for which they are supplied. The amount payable will be in proportion to what has been supplied, in comparison with the full coverage of the Contract.

 

5.3 If you contact me between scheduled Sessions then I may at my discretion provide a brief response to you free of charge. If however I consider that more time is needed to deal appropriately with your communication then I may either:

(a) advise you to arrange an additional Session (at the fees set out in Clause 4.1 above); or

(b)inform you of the time I would need to spend in responding to you and the fee which would be payable by you for such a response. I will obtain your approval to such fee before incurring any fees.

 

5.4 You shall be responsible for all travel, accommodation and other subsistence costs and all other expenses incurred by you in connection with your participation in the Sessions.

 

6.Confidential information

I acknowledge that in the course of providing the Services I will have access to Confidential Information. Confidential Information means: information in whatever form relating to you and your affairs that are confidential to you including (but not limited to): (i) information that I obtain in connection with the provision of the Services and (ii) the fact that I am providing the Services to you.

 

6.1 I agree not to use or disclose to any third party any Confidential Information. This restriction does not apply to:

(a)any use or disclosure authorised by you or required by law;

(b)any use or disclosure which I in my absolute discretion consider necessary or advisable in order to prevent illegal acts or harm to you or to others; or

(c)any information which is already in, or comes into, the public domain otherwise than through my unauthorised disclosure.

(d)Notwithstanding the above, I may disclose confidential information to the extent that I’m required to do so by law or by any professional or regulatory obligation, including, but not limited to any duty to report concerns under safeguarding legislation or other statutory reporting requirement relating to my role as a social worker.

6.2 As is good practice in coaching, I undertake supervision and am part of supervision groups. You agree that I may disclose any issues which arise out of the Sessions with my own supervisor and supervision group but I agree only to disclose such issues on a general basis and without disclosing your name.

 

6.3 You may disclose to third parties such information about the Sessions as you wish.

 

7. Data protection and Intellectual Property

7.1 You acknowledge that your personal data will be processed by and on behalf of me as part of me providing you with the Services. I will use and process your personal data in accordance with my Privacy Notice that you can view at https://its-myfamily.com/ourpolicies#our-policies

 

7.2 I am the owner of the licensee of all Intellectual Property Rights and all other rights in the materials and content that I 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.

 

7.3 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 I use in the Sessions.

 

7.4 I 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.

 

7.5 You may not without my prior written consent make any audio or visual recordings of all or any part of our Sessions.

 

7.6 I may record all or any part of our session using zoom or similar video conferencing software.  With your consent I will provide you a copy of the recording via email at your request.  You agree not to share, publish or distribute the recording to any 3rd party without my prior written consent.  You may use the recording soley for your own personal reference and development in connection with the coaching service provided.

 

8.Obligations on termination

8.1 If either of us give notice to terminate this agreement the client shall make themselves available for a final session within 14 days of their termination notice unless otherwise agreed in writing.

 

8.2 On or before the date of termination of this agreement, you shall immediately pay any unpaid fees or other sums payable under this agreement.

 

8.3 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.

 

8.4 Clauses that expressly or by implication are intended to continue after termination shall remain in full force and effect after the termination date, including clause 5 (Confidential Information), this clause 7, clause 9 (Limitation on liability) and clause 15 (Governing law and jurisdiction).

 

9.Status

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

 

10.Limitation on Liability

10.1 Nothing in this Agreement shall limit my liability for death or personal injury caused by my negligence or for my fraud or fraudulent misrepresentation or for any matter for which liability cannot be legally excluded or limited.

 

10.2 If either party experiences loss of internet connection or technical failure that prevents participation in the scheduled session, the session shall be rescheduled at a mutual convenient time within 30 days at no additional cost. Neither party shall be liable for any loss, damage or expense arising from such technical failures.

 

10.3 I 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 me providing the Services.

 

10.4 My 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.

 

10.5 If I am prevented from or delayed in performing my obligations by your act or omission or by any circumstance outside of my control, I 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.

 

10.6 The provisions of this clause 9 shall survive termination of this agreement.

 

11.Force majeure

I shall not be in breach of this agreement, nor liable for any failure or delay in performance of any obligations under this agreement arising from or attributable to acts, events, omissions or accidents beyond my reasonable control.

 

12.Entire agreement

You acknowledge and agree that 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).

 

13.Variation

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

 

14.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.

 

15.Third party rights

15.1 A person who is not a party to this agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

 

15.2 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.

 

15.3 The coach shall redact all personal information relating to 3rd parties from session records prior to storage, and prior to providing any records to the client.  3rd party information includes, but is not limited to, names, contact details and any identifiable information of individuals disclosed during sessions.

 

15.4 I cannot accept documents containing personal data relating to other individuals including names of other parents or children involved in proceedings.  If a document is received containing such information, I will delete it [from email) and request it is redacted before resubmission.

 

16.Governing law and jurisdiction

16.1This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.

 

16.2 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).

 

17.Interpretation

17.1 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 I obtain in connection with the provision of the Services and (ii) the fact that I am providing the Services to you.

 

17.2 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.

 

By Ticking the check box on the website you agree to the terms of this coaching agreement.

​

 

Signed by Sabina Challenger [ON BEHALF OF] Sabina Challenger Consultancy Limited trading as It's My Family

 

Sabina Challenger

 

 

 

 

SCHEDULE

DESCRIPTION OF SERVICES

 

Service

I provide safeguarding coaching to support clients in communicating concerns they may have, including safeguarding concerns.

The service may include guidance and practical coaching to help you communicate information and concerns clearly and appropriately.

The service is limited to coaching and communication support and does not include:

• Legal advice.

• Completion of formal or independent risk assessments.

• Completion of independent social work assessments.

• McKenzie advice.

• Preparation or writing of position statements.

• Preparation or writing of witness statements.

• Assessment, diagnosis or determination of whether domestic abuse is present.

The service does not determine whether domestic abuse has occurred or whether domestic abuse is present. These matters are outside the scope of this coaching service. Where you have concerns about domestic abuse, you should seek appropriate support from relevant domestic abuse and safeguarding services.

 

Sessions

Sessions are provided as individual coaching sessions and are delivered by video call online.

The purpose of the sessions is to provide guidance, coaching and practical support in relation to communication and safeguarding concerns that fall within the scope of the service.

Sessions are offered for a maximum of:

• 30 minutes

• 60 minutes

• 90 minutes

The appropriate session length will be agreed when the session is booked.

Payment for sessions is required in full at the time of booking.

The coaching service does not guarantee any particular outcome or result. The service will be provided with due care, skill and ability, but outcomes may vary depending on the individual circumstances and matters being addressed.

Sessions are provided by appointment.

The duration of each session will be agreed at the time of booking, with sessions lasting a maximum of 30, 60 or 90 minutes.

Sessions will end at the scheduled time. Where additional time is required beyond the scheduled session, this may be subject to an additional charge where agreed in accordance with the applicable terms and conditions.

 

Cancellation and Rescheduling

Sessions may be cancelled in accordance with the cancellation terms.

The applicable cancellation charge is based on how much notice is provided:

• More than 14 days before the session: no cancellation fee.

• Between 14 and 7 days before the session: 50% cancellation fee.

• Between 7 days and 48 hours before the session: 75% cancellation fee.

• Less than 48 hours before the session: 100% cancellation fee.

If the service provider needs to cancel a session, the session will be rescheduled to the earliest mutually convenient time. If it cannot be rescheduled within 90 days, a full refund will be provided.

Once a session has taken place, it cannot be cancelled and no refund is due in respect of that completed session.

 

Location:

All sessions are conducted online via video call.  The service is therefore provided remotely rather than in person.