Digital Strategy Coaching and Technology Consulting

Terms of Service Agreement

 

Each Client will receive an Electronic version to sign. The actual agreement will have the session fees.
We have written these Terms in plain non-legal speak so that it can be easily understood.
This document is current as of June 4, 2016.

Description:

 

  1. The relationship between Coach/Consultant and Client is Co-Creative, meaning both are equals in the Coach/Consultant consulting process. The first step in the Co-Creation process is the development of professional and/or business goals. Next, the strategy is drafted with an action plan. Then, Coach/Consultant holds Client accountable to stay on track, provide guidance and achieve those goals.
  2. See Action Plan for Individual Client plan details.
  3. Responsibilities of Coach/Consultant:
    1. Coach/Consultant agrees to maintain the ethics and standards of behavior set forth by Yume Consults’ Business Ethics and Standards of Integrity. You can find a copy here at http://yumeconsults.com/business-ethics-standards-of-integrity
    2. If Clients do not agree with Yume Consults’ Business Ethics and Standards of Integrity, then please do not provide payment or sign any documents. Payments or signing of any documents dictates consensual, understanding and full agreement. It is the responsibility of the Client to review this information which is publicly on Yume Consults’ website.
    3. Coach/Consultant is trained to utilize heightened communication skills; meaningful questions and deliberate listening skills to support the Client as a critical thinking partner.
    4. Coach/Consultant may use both empirical, factual data and/or intuitive methodologies to guide the sessions, when/if needed.
    5. Coach/Consultant is not a psychologist, therapist or counselor. Coach/Consultant is not a substitute for therapy, if needed. Sessions are not therapy sessions.
  4. Responsibilities of Client:
    1. Client agrees to be committed, fully present, and engaged during Coaching/Consulting sessions; and for any tasks or follow ups needed to move the goals forward.
    2. Client takes ownership of his/her own physical, mental and emotional well-being, decisions, choices, actions and results.
    3. It is the responsibility of the Client to take ownership of his/her choices when presented with options. The Coach/Consultant may provide helpful feedback, information, data to support their recommendations. However, the Client acknowledges that the Coach/Consultant’s recommendation may yield different results for different individuals and businesses. Results may vary Client by Client.
    4. Client will communicate with integrity, be open to Honest Encouragement and create the time and energy to participate fully in the program and/or sessions.
    5. Client accepts the fact that Coach/Consultant is not to be used as a substitute for professional advice by legal, mental, medical or other qualified professionals and will seek independent professional guidance for such matters as deemed necessary.
    6. Client understands that Coach/Consultant does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association. Client understands that Coach/Consultant is not a substitute for counseling, psychotherapy, psychoanalysis, mental health care or substance abuse treatment. If Client is currently in therapy or under the care of a mental health professional, Client will consult with the mental health care provider regarding the advisability and/or decision of working with a Coach/Consultant.
  5. Confidentiality:
    1. This Coach/Consultant relationship, as well as all information that the Client shares with the Coach/Consultant is bound to confidentiality but is not considered a legally confidential relationship (unless a separate Non-disclosure Agreement was signed). The Coach/Consultant will not disclose the Client’s name as a reference without the Client’s consent. Confidential information does not include information that: (a) was in the Coach/Consultant’s possession prior to its being furnished by the Client; (b) is generally known to the public or in the Client’s industry; (c) that the Coach/Consultant is required by law to disclose
  1. Release of Information: (optional based upon specific situation)
    1. The Coach/Consultant engages in training and continuing education.
    2. By signing this agreement, you agree to have your name, contact information remain in our database for future follow-ups, emails, etc. You can opt out at any time.
  2. Services/Coach/Consultant Packages:
    1. Digital Strategy Coaching
    2. Technology Consulting
    3. Hybrid – Digital Strategy Coaching and Technology Consulting
  3. Schedule, Fees & Late Fees: This Coach/Consultant agreement is valid as of the date the agreement is signed. The Client agrees to pay all invoices and additional project fees on time when billed unless other arrangements were made in writing. Late fees, outstanding balances are billed at an additional 1% per day, accrued until any outstanding balance(s) is paid after the grace period. There is a grace period 3 business days from the date of the invoice. Please pay all invoices on time to avoid any late fees.

 

  1. The parties agree to engage in #____ Session(s), Coaching/Consultant Program. The fee is $______ paid in advance of sessions and/or $__________per month based upon a committed or reoccurring schedule. Payment is due the same day of each month (unless the day falls on a weekend or major holiday, invoices may be sent the next business day). **NOTE: These fees may be tax deductible as a business expense, please check with your tax advisor. The session/calls will be _______ minutes. The session fees will be billed and paid prior to the initial Coaching/Consulting session. The Coach/Consultant may be available, if agreed prior with the Client by e-mail and/or voicemail in between scheduled meetings as defined by an additional agreement/addendum (if any). The Coach/Consultant may also be available for additional booked time, per the Client’s request based on an agreed fee rate of $______ per hour or based on a flat project fee (for reviewing documents, developing documentation, developing project artifacts, engaging in other Client related services, etc).
  2. Policies & Procedures:
    1. The time of the Coach/Consultant’s sessions will be conducted online, phone or via a webinar (live or recorded). The Coach/Consultant and Client agree on specific day(s), time(s). The Coach/Consultant will initiate the communication and reach out to the Client at the agreed date/time. The Coach/Consultant and Client agrees to be there at the agreed date/time. A grace period of 10 minutes past the hour (or if scheduled on the half hour), if late, otherwise, they will forfeit their session fees. As a courtesy to both parties, either party should call/email if they believe they will be late up to 10 minutes past the hour. If a Client misses a session without a minimum of 24 hours cancelation prior, they will forfeit the session fees and it will be to the discretion of the Coach/Consultant to either waive the fee and reschedule the booking or not. Unless the Client can show formal documentation this was a personal or family emergency.
    2. If a Coach/Consultant misses a session due to a personal/family emergency, they will promptly notify the Client at the earliest opportunity and they will extend 1 free make-up session at a later time. There will be no monetary reimbursement for any sessions due to personal/family emergencies. The Coach/Consultant will make good faith effort to do a makeup session at the next earliest opportunity on the calendar. Likewise, if the Coach/Consultant cancels 24 hours ahead of time, then they will make a good faith effort to do a makeup session at the next earliest opportunity on the calendar.
    3. Prior to each session, Coach/Consultant will confirm and work with the Client to determine the Session Agenda. The Coach/Consultant requires that any background information, documents for review, etc., is needed a minimum of 24 hours, *or more depending on prior agreement prior to each session.
    4. The Client agrees to attend all sessions promptly and with an intention to be centered, ready to engage and take meaningful actions.
    5. Feedback is necessary for both Coach/Consultant and Client. It is critical to be open with thoughts, feelings and preferences before during and after Coach/Consultant sessions. Authenticity between both parties is essential for the session’s success.
  3. Cancellation Policy:
    1. It is the Client’s responsibility to notify the Coach/Consultant 24 hours in advance of the scheduled calls/meetings to reschedule or cancel.
    2. Coach/Consultant reserves the right to bill Client for a missed meeting. Coach/Consultant will attempt in good faith to reschedule the missed meeting with the Client.
  4. Termination: Either the Client or the Coach/Consultant may terminate this agreement at any time with written notice (email is preferred).
  5. Refund Policy:
    1. After the Coaching/Consulting program has begun, any unused sessions will not be refunded, but may be rescheduled for up to 12 months after the original date of the initial payment.
    2. Refunds requested in writing prior to the beginning of the first Coaching/Consulting program will be given in full, less a $35 administrative fee.
    3. All unused sessions expire 12 months to the date of the initial payment. Unused Coaching/Consulting sessions may be transferable provided the new Client is ready and willing to actively participate in the Coaching/Consulting program and adhere to these same Terms of Service Agreement, by signing a new agreement.
    4. Transfer of Coaching/Consulting sessions does not reset the expiration date. All Coaching/Consulting sessions need to be booked within the 12 months from the date of original purchase.
  6. Agreement:
    1. This is the entire agreement of the parties, and reflects a complete understanding of the parties with respect to the subject matter. This agreement supersedes all prior written and oral representations. This agreement is made in based on the court system and jurisdiction of the City and County of Los Angeles, California. Any item found unenforceable does not mean that the rest of the terms in this agreement are not enforceable. We will agree to a third-party reputable Arbitration. However, if we cannot come to full agreement with any past due invoices, we will pursue collections, legal rights, damages and jurisdiction under the full protection of the law.

 

 

#END#

NOTE, AN ELECTRONIC VERSION WILL BE SENT TO EACH CLIENT TO SIGN.