Coaching Disclaimer & Waiver
All coaching services provided by Kevin Conway Coaching, as well as information set forth on this website (kevinconwaycoaching.ie) are not professional mental health care or medical care.
By engaging with Kevin Conway Coaching services (either paid or unpaid) I confirm that I have read and agree to each statement and that I wish to proceed:
I understand that coaching services I will be receiving from Kevin Conway Coaching Ltd are not offered as a substitute for professional mental health care or medical care and are not intended to diagnose, treat or cure any mental health or medical conditions.
I understand that Kevin Conway Coaching Ltd is not acting as any kind of mental health counsellor or a medical professional.
I understand and agree that I am fully responsible for my well-being during coaching sessions, and subsequently, including my choices and decisions.
I understand that coaching is not a substitute for counselling, psychotherapy, psychoanalysis, mental health care or substance abuse treatment, and I will not use it in place of any form of therapy.
For legal purposes, I understand that coaching is currently an unregulated industry and that Kevin Conway Coaching Ltd is not “licensed” by any Irish body. All coaching that takes place is deemed to have taken place in the Republic of Ireland, regardless of where I sit.
I understand that all comments and ideas offered by The Coach are solely for the purpose of aiding me in achieving my goals. I have the ability to give my informed consent and hereby give such consent to The Coach to assist me in achieving such goals.
I understand that to the extent our work together involves career or business, The Coach is not promising outcomes including but not limited to increased clientele, profitability and or business success.
I understand that The Coach will protect my information as confidential unless I state otherwise in writing. If I report child, elder abuse or neglect or threaten to harm myself or someone else, I understand that necessary actions will be taken and my confidentiality agreement is limited in this capacity. Furthermore, if Kevin Conway Coaching Ltd is ordered by a court to provide information or to testify, they will do so to the extent the law requires.
I understand that the use of technology is not always secure and I accept the risks of confidentiality in the use of email, text, phone, videoconferencing and other technology.
I hereby release, waive, acquit and forever discharge Kevin Conway Coaching Ltd, any agents, successors, assigns, personal representatives, executors, heirs and employees from every claim, suit action, demand or right to compensation for damages I may claim to have or that I may have arising out of acts or omissions by myself or by The Coach as a result of the advice given by The Coach or otherwise resulting from the coaching relationship contemplated by this agreement.
I further declare and represent that no promise, inducement or agreement not expressed in this agreement has been made to me to sign this agreement. This agreement shall bind my heirs, executors, personal representatives, successors, assigns, and agents.
Terms & Conditions
Scheduling
The coaching schedule will be arranged between Kevin Conway Coaching and the client. Kevin Conway Coaching will recommend the frequency of coaching sessions based on a professional assessment of the client’s requirements. This recommendation, or plan, is not binding and may be altered and adjusted throughout the coaching journey by mutual agreement, in accordance with the terms set out in this agreement.
The number and frequency of coaching sessions will be agreed at the start of coaching between The Coach and the client and confirmed by The Coach by email. Where no specific number is agreed, sessions will be provided on a session-by-session basis.
In return for the fees payable by the client (or by a third party on their behalf), Kevin Conway Coaching agrees to provide the service as described below and in accordance with the terms and conditions set out below. The client agrees to pay fees for the service on the terms and conditions set out below (in situations where a third party pays the fees, the third party counts as an agent acting on behalf of the client).
The date that the first coaching session takes place shall be deemed to be the start date for the service. Where any client is unhappy with any of the terms and conditions, they can contact Kevin Conway Coaching to discuss any concerns and see if they can be resolved before the first coaching session. Participation by any individual in the first coaching session constitutes acceptance of these terms and conditions.
Sessions can only be rearranged in accordance with the section in these terms and conditions headed “Payment Terms and Rearranging Sessions”.
Format of Sessions
The session will take place via Google Meet or a similar online meeting service as decided by Kevin Conway Coaching. Where The Coach’s chosen electronic mode of meeting is declined, the client must provide an alternative. Sessions will not be conducted by audio-only means.
If/when engaging in online coaching via videoconference software, the client is responsible for providing the following on their side:
The necessary computer, telecommunications equipment and internet access for the online coaching sessions.
The information security on said computer.
Arranging a location with sufficient lighting and privacy that is free from distractions or intrusions for the coaching sessions.
In instances where the client is unable to connect due to technical difficulties which Kevin Conway Coaching is not themselves experiencing, the session may be abandoned at the expense of the client. The client should ensure that their connectivity and equipment is in working order before the call takes place.
The length of each session is as agreed between Kevin Conway Coaching and the client before coaching sessions commence. Sessions may not over run.
Session Fees
In accordance with Kevin Conway Coaching Ltd current per session fee or fee for a programme of sessions, or any other such fee as shall be agreed and notified to the client. Kevin Conway Coaching will confirm the fees by email. The number of sessions for which payment is required in advance (if any) will be agreed before coaching sessions commence.
Additional Sessions
Kevin Conway Coaching may agree to provide additional coaching sessions after completion of the initial agreed session(s). These terms and conditions will apply to any additional sessions so provided and the Per Session Fee will remain the same as originally agreed except where Kevin Conway Coaching notifies the client in writing by letter or e-mail of a change to the Fee or to any other term or condition in accordance with the section in these terms and conditions headed “Variation of Terms and Conditions”.
Payment Terms and rearranging sessions
You agree to make an electronic payment in advance of each coaching session with Kevin Conway Coaching, unless a different agreement has been made.
If you need to cancel a scheduled appointment, you will provide 24 hours’ notice of cancellation or risk forfeiture of the fee for the cancelled session.
Where an invoiced fee has not been received, no further coaching will be provided to the client until such payment is made.
Between Sessions
The Coach may assign the client tasks or exercises to complete between coaching sessions. There is no obligation on the client to complete these items of ‘homework’, but not doing so may slow the client’s progress.
The client may contact Kevin Conway Coaching by e-mail between sessions to seek clarification regarding anything arising from a coaching session or for administrative purposes (e.g. where a client needs to rearrange a coaching session or make a payment).
Additional coaching can also be provided between sessions but there will be an additional charge for this. Kevin Conway Coaching will always advise a client in advance if the nature of a client’s contact is likely to incur an additional charge and no such charges will be imposed without the client’s agreement.
Confidentiality
Personal information or business information supplied by clients in coaching sessions will be treated as confidential. It will not be disclosed to a third party without the client’s prior permission, save where required by law or where action might be necessary to prevent harm to the client or someone else.
The fact that the client is working with Kevin Conway Coaching is not itself confidential information, and may need to be disclosed, for example, in the context of payment collection and processing.
The client understands that while email and other forms of written telecommunication may be used to correspond with Kevin Conway Coaching, confidentiality of written telecommunication cannot be guaranteed.
Early Termination
In exceptional circumstances, such as illness or unavailability due to bereavement or other commitments, inappropriate behaviour by the client, actual or potential conflict of interest, or other reasons, Kevin Conway Coaching can decide to terminate the service to the client early or refuse or be unable to provide further coaching sessions to the client. In such a circumstance the client will be given reasonable notice of termination by Kevin Conway Coaching where practicable and will be refunded any advance payments made for coaching sessions not yet provided.
Responsibilities
Kevin Conway Coaching will seek to enable the client to achieve their desired outcomes. However, the client has sole responsibility for taking important decisions in their life or business. Kevin Conway Coaching has no liability for any loss incurred by any client, whether financial or otherwise, following commencement of coaching sessions, or for any perceived failure by the client, whether justified or otherwise, to achieve a material improvement in quality of life or business or to achieve their desired outcomes or goals.
Variation of Terms and Conditions
Where an Initial Number of Sessions is agreed, any changes to these terms and conditions intended to take effect prior to the conclusion of those Initial Number of Sessions will only have effect if agreed by both Kevin Conway Coaching and the client and confirmed by Kevin Conway Coaching by email.
In other cases, Kevin Conway Coaching may change any of these terms or conditions including the Per Session Fee by giving the client one week’s notice in writing by letter or e-mail of the change(s). If following receipt of such notification of change, the client no longer wishes to proceed with further coaching sessions, they may withdraw from the service immediately by giving notice by email and they will then be entitled to a full refund of any fees paid in advance for coaching sessions not yet provided. Such notice will be effective on receipt by Kevin Conway Coaching.
Governing Law
This contract is governed by the law of the Republic of Ireland whose courts have exclusive jurisdiction in relation to any dispute, disagreement, proceedings or legal claim of any nature relating to the service provided or the contract.