Coaching Terms & Conditions

1:1 CLIENT COACHING AGREEMENT FOR
3-MONTH COACHING PROGRAM

By accepting the terms of this Client Coaching Agreement and submitting full or partial payment, the Client agrees to these terms. The Coach and the Client enter an agreement under the following terms and conditions and agree as follows:

Definitions:

“Coach”, “I”, or “My” means Sofia Englund, doing business under the name Sofia Englund, having an address at Västra Vallgatan 12, 27135 Ystad, Sweden.
“Client”, “You”, or “Your” means any person who has agreed to this Agreement by signing or accepting it, and who is therefore bound by the Agreement.
“Agreement” means these terms and conditions.
“Parties” means the Coach and Client together, and “Party” means either of the Parties.

Description of Coaching: Coaching is a partnership (defined as an alliance, not a legal business partnership) 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.

A. Coach agrees to maintain the ethics and standards of behaviour established by the International Coach Federation “(ICF)” (Coachfederation.org/ethics). It is recommended that the Client review the ICF Code of Ethics and the applicable standards of behaviour.

B. 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 and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease.

C. Client further acknowledges that he/she may terminate or discontinue the coaching relationship at any time (but the program is not refundable).

D. 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.

E. 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 counselling, 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.

F. 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.

Proprietary materials:

Please read this Agreement carefully before accessing or using Sofia Englund’s (the “Coach”) proprietary materials which includes any written, audio, or visual presentations or documents associated with the Program.

If you do not understand or do not accept this agreement, please do not access any of the Coach’s proprietary materials and immediately contact me at hello@sofiaenglund.com.

In consideration of Client retaining Coch to perform coaching services, it is agreed as follows:

1. Scope of Services

(a) Program access includes the following services:

Three (3) months of coaching with a total of six (6) 1:1 coaching sessions, delivered bi-weekly via online Zoom calls
One (1) initial 90-minute coaching session
Five (5) 60-minute coaching session
Weekly check-ins
On-going support via email and Voxer

The Program services outlined above are referred to as the “Services” or “Program.”

(b) The Services must be utilized during the three (3) month duration of your Program term, which starts on the date of our first 90-minute appointment.

(c) Any additional services provided by Coach to Client may require additional fees to be discussed and agreed upon by the parties. Additional services may require signing of a separate agreement.

(d) The Services shall only be delivered on weekdays (Monday to Friday) from 10:00 am CET until 17:00 (5:00pm) CET, except for personal holidays or public holidays in Sweden (“Business Days”). The Coach reserves the right to adjust the Business Days with notice by email.

2. Client Duties

(a) Compensation. All prices are listed in USD. In consideration for the Services provided by Coach to Client as set forth in Section 1 above, Client agrees to pay the current program fee at the time of joining as one lump sum payment of $1,250.00 including Swedish VAT (25%), or in five (5) monthly instalments of $250.00 (for a total of $1,250.00). You understand that you might not receive an invoice reminder for these payments, and it will be your responsibility to make sure the payments are made. In the event that any authorized charge applied by us to your card fails, you remain responsible for payment as agreed to, as well as any penalty/late fees as detailed below.

The final price may be adjusted before sending the first invoice, to account for Client’s country of residence and international tax laws. This might exclude or change the VAT rate, but the final price will be quoted and mutually agreed between Parties during the booking process.

(b) Late Payment Fee. If any fee outlined in this Agreement remains unpaid on the 7th day following its due date, a late fee of eight percent (8%) of the payment due will be assessed; a late fee will be assessed following each subsequent 7-day period. Coach reserves the right to restrict your access to the Services or terminate your participation in the Program unless and until all outstanding fees have been paid in full.

(c) Payment Security and Disputes. To the extent that Client provides Coach with credit/debit card(s) information for payment on Client’s account, Coach shall be authorized to charge Client’s card(s) or account(s) for any unpaid charges on the dates set forth in this Agreement.

If Client selects the multiple payment/instalment plan to make payments to Coach, Coach shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so.

Client agrees to not fraudulently initiate any payment disputes at any time to Coach’s account through Client’s financial institution. In the event that Client inadvertently disputes a charge made to the account, Client agrees to immediately cancel/withdraw such a dispute. Client agrees to not cancel the credit/debit card that is provided as security without Coach’s prior written consent. Client is responsible for any fees, including attorney’s fees, associated with recouping payment on chargebacks and any collection fees associated with such an event.

(d) Tools to be Provided by Client. Client agrees to provide all tools, information, and documentation that may be required by Coach to effectively perform said Services.

(e) Client understands that Client’s success in the Program is dependent upon Client’s level of participation in the Services. In order to get the most out of the Program, Client must also work to implement the tools and strategies learned throughout the Program and make considerable efforts toward Clients own business development on Client’s own time during the term of the Program. Client is responsible for requesting support from Coach when needed.

3. Term

The term of this Agreement shall be three (3) months beginning on the date of the first scheduled appointment (the 90-minute call). If left blank, the date this Agreement is signed. Upon completion of the 3-month term, Client will no longer have access to all Services/the Program. Client and Coach may choose to renew this Agreement for an additional term upon signing of a new agreement.

4. Communication

Communication in our relationship is of the utmost importance. All communication will take place via e-mail and the Voxer chat. If there will be a time that either the Client or Coach will be unavailable (vacation, illness, etc.), that needs to be communicated and a check-in date established.

My email address is: hello@sofiaenglund.com

All communications will be acknowledged/responded to within 72 hours during business days (not including weekends or holidays).

5. Cancellations and Refunds

(a) This Agreement may also be terminated by either Party in writing via e-mail. Written notice shall be provided at least thirty (30) days before the date of intended termination. Upon cancellation by Client, access to the Program and Services will be terminated. However, this program is not refundable. Cancellation of the participation and/or this Agreement by Client will not extinguish the Client’s obligation to pay the full Program fee as outlined in this Agreement. Client will remain obligated to pay all remaining unpaid Program fees in full.

(b) In the event that Client engages in abusive or unprofessional behaviour in the Program, towards representatives of Coach or other Program members, if applicable, Coach reserves the right to cancel Client’s participation and terminate access to the Services, without notice. No refund will be provided in the event that this takes place. Client will remain obligated to pay all remaining unpaid program fees in full.

(d) Rescheduling. Sessions/calls will be scheduled using an online scheduling tool. If Client cannot attend a scheduled call, Client shall reschedule or cancel using the scheduling tool with at least 48 hours’ notice. One courtesy rescheduling will be provided for the term of the Agreement. Any further cancellations of calls will be rescheduled at Coach’s discretion or will be considered forfeited by Client. Client is not entitled to a partial or full refund if this forfeiture takes place.

(e) Missed calls. If Client reschedules or cancels a call with less than 48 hours’ notice, or does not show up for the call, that session will be considered forfeited by Client and cannot be rescheduled.

(f) Refund Policy. Due to the nature of the Services, no refunds can be provided. Client understands that disputing a charge through his or her financial institution (in the form of a “chargeback”) is a violation of this Agreement and agrees to not do so. Please refer to Section 2(c) for our chargeback policy.

(g) Pausing the Program. The Program and Term cannot be paused or placed on hold for any reason without the written authorization of Coach. Any such requests must be made by email and will be treated on a case-by-case basis at the Coach’s discretion. If a pause and extension is granted, all six (6) sessions/calls must be used no later than six (6) months from the start date of the program, after which they will be considered forfeited.

(h) Force Majeure. Notwithstanding the above, the Coach may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of Coach that materially affects the Services provided in this Agreement, including:

1. A natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, or infestation); or

2. War, invasion, act of foreign enemies, embargo, or other hostility (whether declared or not); or

3. Any hazardous situation created outside the control of either party such as a riot, disorder, pandemic or epidemic, nuclear leak or explosion, or act or threat of terrorism.

In the event that Section 5(h) applies, Coach will be permitted to make a reasonable effort to reschedule calls/sessions/etc. as needed in order to comply with the terms of this Agreement, however, will not be found in breach if this is not possible due to the circumstances.

6. No Guarantees

(a) I cannot guarantee the outcome of the Services and/or participation in the Program. I make no guarantees other than that the Services described in Section 1(a) shall be provided to you in accordance with this Agreement. Client acknowledges that Coach cannot guarantee any results of the Services/Program as such outcomes are based on subjective factors (including, but not limited to, Client’s participation) that cannot be controlled by Coach. Any testimonials or reviews shared by Coach are not a representation of guaranteed results, only possible results. Client not achieving his or her desired results is not grounds for a refund.

(b) Technical issues. If the learning materials provided via an online platform (Podia, Kajabi, Teachable, etc.) are inaccessible, Coach shall have 72 hours to re-deliver access to Client.

(c) Recommendations. From time to time, and upon Client’s request, Coach and/or its representatives may provide Client with recommendations or referrals for third-party service providers. Coach in no way guarantees the quality of service provided by any third party and bears no liability with respect to such service or experience.

(d) Affiliate links. Coach may provide Client with affiliate links under which Coach may benefit monetarily. Coach in no way guarantees the quality of service provided by any third party and bears no liability with respect to such service or experience.

7. Confidentiality

(a) Client Information. Any and all Client information and data of a confidential nature, including but not limited to any and all design, creative, marketing, sales, operating, performance, know how, business and process information (“Confidential Information”), shall be treated by Coach in the strictest confidence and not disclosed to third parties or used by Coach for any purpose other than for providing Client with the services specified here without Client’s express written consent, other than to comply with law. Confidential Information shall not include any information which (a) becomes available to the public through no breach of confidentiality by Coach, (b) was in Coach’s possession prior to receipt from the disclosure, (c) is received by Coach independently from a third party free to disclose such information, or (d) is independently developed by Coach without use of the Client’s Confidential Information.

(b) Coach Information. Client agrees to keep confidential any Confidential Information, as defined in Section 7(a), shared by Coach in the Program. Any Confidential Information shared by Coach, its employees, or contractors is confidential, proprietary, and belongs solely and exclusively to Coach. Client agrees not to disclose, reveal, or make use of any Confidential Information or any transactions, during discussions, in a community group/Facebook group, or otherwise. Client agrees not to use such Confidential Information in any manner. Confidential Information shall not include information rightfully obtained from a third party. Client will keep Coach’s Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, loss, and theft.

(c) Non-Disparagement. Client shall, during and after the participation in the Program, refrain from making any statements or comments of a defamatory or disparaging nature to any third-party regarding Coach, or any of Coach’s officers, directors, employees, personnel, agents, policies, services, or products, other than to comply with law. This provision in no way restricts Client’s ability to communicate reviews or performance assessments about a Coach’s goods or services.

(d) Violations of Confidentiality. Client agrees that if Client violates or displays any likelihood of violating this Section 7 the Coach will be entitled to injunctive relief to prohibit any such confidentiality violations to protect against the harm of such violations.

(e) Client Features. Notwithstanding the above section, Coach may choose to feature Client on its website, social media channels, etc. Client agrees to allow Coach to share its likeness, achievements, and success, unless otherwise agreed to by the Client. Coach agrees to maintain the confidentiality of any and all sensitive and confidential information and to provide Client with a preview of the feature prior to publication on its website. Features which do not name or identify Client directly will not require prior authorization.

8. Independent Contractors

(a) Independent Contractor Relationship. This Agreement shall not render Coach an employee, partner, agent of, or joint venturer with the Client for any purpose. Coach is and will remain an independent contractor and service provider in its relationship to the Client. Coach is or remains open to conducting similar tasks or activities for entities other than the Client and holds itself out to the public to be a separate business entity. Coach shall retain sole and absolute discretion in the manner and means of carrying out the activities and responsibilities under this Agreement. Coach will not be required to follow or establish a regular or daily work schedule. Coach will not rely solely on the equipment or offices of Client for completion of tasks and duties set forth pursuant to this Agreement. Any advice given to Coach regarding services performed for the Client shall be considered a suggestion only, not an instruction. Coach and Client agree to conform to any and all IRS tests necessary to establish and demonstrate the independent contractor relationship between Client and Coach.

(b) Taxes & Benefits. Coach will be responsible for filing its own tax returns and to pay taxes in accordance with all provisions of applicable Federal and State law. Client shall not be responsible for withholding taxes with respect to Coach’s compensation. Coach shall have no claim against Client for vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind.

9. Ownership of Intellectual Property

(a) IP Ownership. Client agrees that the Program contains proprietary content (“Intellectual Property”) that is owned solely by Coach and/or its licensors and is protected by copyright, trademark, and any other applicable intellectual property laws. Coach retains the sole right to use, reproduce, and distribute the Intellectual Property throughout the world in any and all mediums. Coach grants Client a license to use the Intellectual Property solely for Client’s own noncommercial purposes. Client agrees that it has no right to create derivatives of, share, reproduce, distribute, modify, translate, post, license, sell, loan, or otherwise exploit the Intellectual Property, whether commercially or non-commercially, and acknowledges that doing so constitutes a violation of law. For the avoidance of doubt, Client agrees not to create any derivative products, blog posts, websites, guides, worksheets, tool kits, videos, audio recordings, or the like based on Coach’s Intellectual Property or that in any way violate Coach’s Intellectual Property, without Coach’s written consent. Any registered or common law trademark, service mark, logo, or tagline used in conjunction with the Program is property of the Coach. Client may not use such trademarks or service marks for any purpose except with written permission by Coach.

(b) No Resale of Services Permitted: Client agrees not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes, any portion of the Program (including course materials and other intellectual property assets), use of the Program, or access to the Program. This agreement is not transferrable or assignable without the Coach’s prior written consent.

(c) Client agrees to not share access to the materials with others. This includes parties that have not purchased access to the Program, or any other third party that Coach has not authorized access to.

(d) Recordings. All calls and meetings are recorded by Coach. Client may be provided access to these recordings via the online forum or other means provided by Coach. Client agrees and consents to the recording of any calls, meetings, or conversations which take place as part of this Agreement. Coach reserves all rights in any and all recordings.

(e) Release of information. The Coach engages in training and continuing education pursuing ICF (International Coach Federation) Credentials. That process requires names and contact information of all Clients for possible verification by the ICF. By entering this Agreement, you agree to have only your 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 details or notes will be shared.

(f) Sharing of information for development purposes: According to the ethics of the coaching 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. No names, personal details, or notes will be shared.

10. Warranties

(a) Coach’s Warranties. Coach represents, warrants, and covenants that Coach has full authority to enter into this Agreement and all of the Services, whether performed by Coach or any of its subcontractors, will be rendered using sound, professional practices and in a competent and professional manner by knowledgeable and qualified personnel.

(b) Client’s Warranties. Client represents, warrants, and covenants that Client has full authority to enter into this Agreement and has or will obtain all of the necessary consents, rights, licenses, clearances, releases, or other permissions to lawfully consummate the transactions and lawfully discharge, in all material respects, each and every of Client’s obligations or duties, whether performance is due now or during the Term.

(c) Except for the express warranties provided throughout these terms, neither party makes any other warranties, express or implied.

11. Limitation of Liability

(a) In no event shall Coach have any liability to Client for any lost profits, loss of use, business interruption, costs of procurement of substitute goods or services, or for any indirect, special, incidental, multiple, exemplary, punitive, or consequential damages however caused and, whether in contract, tort, or under any other theory of liability, whether or not either party has been advised of the possibility of such damage; and

(b) In no event shall Coach’s liability to Client exceed the fees paid by Client under these terms, whether in contract, tort, or under any other theory of liability.

(c) The limitations in this Section 11 shall not apply to a breach of confidentiality by a party to this Agreement or the obligations under Section 7.

(d) Client understands that the information presented in the Program is not legal, financial, therapeutic, mental health, or medical advice and Coach is not a law firm. All of the information provided throughout the Program and Services, including the resources delivered via phone/video conference, e-mail, in the online forum, live events including webinars and video/audio recordings educating about business, laws, health, and/or finance-related information, are resources for educational and informational purposes only and should not take the place of hiring a licensed professional. Client understands that Coach does not and will not provide any form of diagnosis.

If a coach or individual within the Program is licensed in some professional manner (JD, MD, RN, PA, LMFT, Therapy/Mental health professionals, etc.), Client understands that these individual(s) are not acting within their capacity as a licensed professional(s) and provide information for educational purposes only.

12. Entire Agreement; Modification

This Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by all the parties.

No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision. No waiver shall be binding unless executed in writing by the party making the waiver.

13. Neutral Construction

This Agreement was prepared by Coach. It is expressly understood and agreed that this Agreement shall not be construed against Coach merely because they were prepared by Coach or its counsel; rather, each provision of this Agreement shall be construed in a manner which is fair to both parties.

14. Changed Terms

Parties may amend this Agreement by mutual Agreement and in writing, signed and agreed to by both parties.

15. Assignment

This Agreement shall be binding on the parties to it and their respective heirs, legal representatives, successors, and assigns; provided, however, that Client may not assign any of its rights under this Agreement.

16. Notices

All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:

To Coach: hello@sofiaenglund.com

To Client: the e-mail address Client provided at the time of booking

Any party may change its address for purposes of this section by giving the other parties written notice of the new address.

17. Governing Law; Venue; Mediation

This Agreement shall be construed in accordance with, and governed by, the laws of Sweden as applied to contracts that are executed and performed in Sweden. The exclusive venue for any proceeding based on or arising out of this Agreement shall be Ystad, Sweden. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, after a good faith effort to resolve such dispute amicably. Parties shall share in the costs. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.

18. Recovery of Litigation Expenses

If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

19. Severability

Wherever possible, each provision of this contract will be interpreted so that it is valid under applicable law. If any provision is held illegal or unenforceable, that provision will be reformed to the extent necessary to make the provision legal and enforceable. All remaining provisions will remain unaffected & will continue in full force and effect.

20. Electronic signature

This Agreement constitutes an electronic contract between You and the Coach with the full force and effect of a handwritten signature. The Parties enter into this Agreement by submission of the Booking Form by Client when clicking on the “Submit” button on the Booking Form. Both Parties understand that signatures transmitted digitally and created electronically via touchscreen or computer mouse shall have the same force and binding effect under law as an original handwritten signature in ink.

Last updated: September 7th 2024