These terms and conditions (the “Terms and Conditions”) govern the use of www.coachedbyg.ie (the “Site”) and in the provision of online coaching services. This Site is owned and operated by COACHEDBYG.
By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
This Agreement is entered into by and between: Gráinne Gibson, COACHEDBYG – Coach with EQF Level 3 Fitness Instructor and Level 4 Personal Trainer, accredited by REPS Ireland, EIQ Nutrition Certified and course completion of Dr Jake Linardon – Binge Eating for Fitness Professionals and the respective client.
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.
User Contributions
Users may post the following information on our members only page:
– Photos,
– Videos; and
– Public comments.
By posting publicly on our Members Site, you agree not to act illegally or violate these Terms and Conditions.
Accounts
When you create an account on our Site, you agree to the following,
1. You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
2. All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.
We reserve the right to suspend or terminate your account if you are using our Site illegally, if you violate these Terms and Conditions and on the termination of your program.
Intellectual Property
All content published and made available on our Site is the property of COACHEDBYG and the Site’s creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.
Sale of Goods And Services
These Terms and Conditions govern the sale of goods and services available on our Site;
The following goods are available on our Site: – Online Coaching
We are under a legal duty to supply goods that match the description of the good(s) you order on our Site
The services will be paid for monthly once the service begins and monthly thereafter on the date of first payment.
Subscription to coaching
Your subscription will automatically renew on the date of the first payment. On the provision of card details, COACHEDBYG reserves the right to automatically charge the client on renewal of a coaching month. In the event of a card error or banking error, you will be notified your next payment is due and must fulfill that payment in order for your subscription to continue.
To cancel your subscription, please follow these steps: All subscriptions must be canceled by the client with one months notice minimum required before cancellation. One months notice thereby is one month prior to the client next billable month indicated by the first payment date. Each month of coaching is billable and cycles review monthly beginning on the clients official start date. The client is not obliged to fulfill any more than 3 months (12 weeks) of coaching with COACHDBYG. At the end of 12 weeks, the client is provided the opportunity to continue their cycles of coaching on a monthly basis or end the arrangement.
Payment
We accept the following payment methods on our Site
– Debit,
– Direct Debit; and
– Revolut.
When you provide us with your payment information, you authorise our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument.
If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
These Terms and Conditions are governed by the laws of Ireland
Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. It is the clients responsibility to be aware of the terms and conditions at all times.
1) Coach-Client Relationship.
A. The Coach agrees to maintain moral ethics and standards of behavior including facilitation of a non discriminatory envirornment, the creation of a safe space for all indivduals, and confidentiality, utmost professionalism and to always remain within the coaches scope of practice. Where a client may need outside professional help from a health professional, the coach can advise on seeking other help or seek a referral to another health practitioner. 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.
B. 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 understands that COACHEDBYG DOES NOT work with those with clinical eating disorders. The coach can screen for potential eating disorders however cannot treat such disorders. In the presence of screening for an eating disorder including but not limited to; binge eating, orthorexia, anorexia nervosa, bulimia and OSFED, the coach may refer the client to a healthcare professional.
D. The coach is not liable for any undisclosed information regarding a clients actions and behaviors to food as it were prior to coaching or any undisclosed information pertaining to diet and exercise throughout the coaching experience.
E. Client further acknowledges that he/she may terminate or discontinue the coaching relationship at any time with 1 months notice provided to the coach. Where 1 months notice is not provided to the coach, the client will be liable to pay for one months coaching, where the coach-client relationship will not be present at this time and the coach will not be expected to prude any updates toth plan or remain in contact with the client.
F. 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.
G. Client acknowledges that coaching does not involve the diagnosis or treatment of mental disorders as defined in Ireland’s Mental Health Act 2001; Mental illness is defined as ‘a state of mind of a person that affects the person’s thinking, perceiving, emotion or judgment and seriously impairs the mental function of the person to the extent that he or she requires care or medical treatment in his or her own interest or in the interest of other persons’ and that coaching is not to be used as a substitute for 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 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.
2) Services
The parties agree to engage in a 3 month Coaching Program with weekly check-in communication via the method chosen by the coh and client (telephone, email, zoom, loom). Coach will be available to Client by email and whatsapp midweek. The coach will not be expected to respond after 7pm weekdays or before 6:30am weekdays. in between scheduled meetings as defined by the Coach. Coach will not be available for immediate response after 6pm on Saturdays and 3pm on Sundays unless specified otherwise. Coach will be available for calls with the client outside of the check-in terms of the plan (via video, whatsapp or any other specified means outside of coaching hours for a fee of €30 per hour.
Schedule and Fees: This coaching agreement is valid as the clients official start date. The monthly is then applicable and from thereafter paper month on the exact date of the first payment.
4) The time of the coach-client check-ins and/or meetings will be determined by Coach and Client based on a mutually agreed upon time. The Client will ensure all relevant information required for the heck-in is updated on time. In the event of missed information, no communication with the coach or late check–ins the client may not receive feedback on that given week. For any urgent queries regarding a check-in or the coaching relationship, the client will communicate with the cosh at the number provided.
5) Confidentiality
This coaching relationship, as well as all information (documented or verbal) that the Client shares with the Coach as part of this relationship, is bound by the principles of confidentiality set forth by REPs Ireland and are based upon the European standards developed by the Europe Active, European Health & Fitness Association (EHFA). However, please be aware that the Coach-Client 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 Coach agrees not to disclose any visual (photograph) information pertaining to the Client without the Client’s written consent. The Coach will not disclose the Client’s name as a reference without the Client’s consent. The coach does have full disclosure over written material by the client with full anonymity given if required. Confidential Information does not include information that: (a) was in the Coach’s possession prior to its being furnished by the Client; (b) is generally known to the public or in the Client’s industry; (c) is obtained by the Coach from a third party, without breach of any obligation to the Client; (d) is independently developed by the Coach without use of or reference to the Client’s confidential information; or (e) the Coach is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to the Coach and as a result of such disclosure the Coach reasonably believes there to be an imminent or likely risk of danger or harm to the Client or others; and (g) involves illegal activity. The Client also acknowledges his or her continuing obligation to raise any confidentiality questions or concerns with the Coach in a timely manner.
6) Release of Information
The Coach engages in training and continuing education pursuing and/or maintaining Credentials. The cohc engages in marketing for the business COACHEDBYG and requires the use of client details including name, email address and contact information. Client also agrees to be contacted after the termination of coaching through the contact information provided for updated reviews on the coaching process and feedback. Unless stated otherwise, the client is automatically enrolling in providing such contact information. To opt out, the client must contact the coach immediately.
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
Client agrees that it is the Client’s responsibility to notify the Coach 1 month (4 weeks) in advance of the scheduled renewed billable month. Coach reserves the right to bill Client for a missed notification of cancellation of the program or of missed notification of a scheduled call at minimum 3 hours prior to its occurrence. Coach will attempt in good faith to reschedule the missed meeting.
COACH has full ability to terminate the coach-client relationship where a client has not fulfilled their duties of providing correct, timely and transparent information, fails to complete check-ins and does not communicate fully with the coach.
8) Record Retention Policy.
The Client acknowledges that the Coach has disclosed his/her record retention policy with respect to documents, information and data acquired or shared during the term of the Coach-Client relationship. Such records will be maintained by the Coach in a format of the Coach’s choice (print or digital/electronic) for a period of not less than 5 years.
9) Termination
Either the Client or the Coach may terminate this Agreement at any time with 4 weeks verbal and/or written notice. Client agrees to compensate the Coach for all coaching services rendered through and including the effective date of termination of the coaching relationship.
10) Limited Liability
Except as expressly provided in this Agreement, the Coach 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 Coach be liable to the Client for any indirect, consequential or special damages. Notwithstanding any damages that the Client may incur, the Coach’s entire liability under this Agreement, and the Client’s exclusive remedy, shall be limited to the amount actually paid by the Client to the Coach under this Agreement for all coaching services rendered through and including the termination date.
11) Entire Agreement
This document reflects the entire agreement between the Coach and the Client, 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 Coach and the Client.
12) Dispute Resolution.
If a dispute arises out of this Agreement the Client and Coach agree to attempt to resolve the dispute through verbal reasoning.