Rebecca B. Polan Coaching Terms & Conditions
Below are the following terms, conditions and duties of the coach, Rebecca B. Polan (“RBP”) as well as obligations and expectations of you, the client (“Client”) in your work together in a One-Session, Three-Session or Six-Session engagement.
Sessions and Cancellations:
1. Each one-on-one coaching appointment at which the Services are provided (“Session”) shall last for 60 to 90 minutes.
2. All sessions will take place via telephone call or via Skype or Zoom call. Client is welcome to record the Session and is responsible for recording the Session if he or she desires.
3. All Sessions for a three-session package RBP Coaching must be used within three months of payment, six months for six sessions.
4. In the event that any Session is held at a third party venue, Client agrees to comply with such venue’s policies and rules, including fire safety and health and safety rules. Should Client not comply with said rules and be required to leave the venue, RBP is not obligated to refund any amounts paid in relation to such Session.
5. Client is responsible for any personal items brought to any in-person Session and RBP shall not be liable for any loss, damage, theft, or destruction of any of Client’s personal items.
6. Client agrees to reimburse RBP in full and indemnify RBP against any claim from any third party (including any costs and expenses such as attorney’s fees) arising out of Client’s actions or inactions while at any third-party venue for a Session.
7. Client may cancel a Session with notice in writing, by email or by telephone to the other no less than one full business day prior to the start of the scheduled Session.
8. Any scheduled Session not cancelled with at least one full business day’s notice will be lost, and no refund shall be given. A “business day” is defined, for purposes of this Agreement, as Monday – Friday, 9 am – 5 pm Eastern.
Duties of Coach:
1. RBP shall provide the Coaching Services with due care, skill and ability.
2. All warranties and representations are excluded to the fullest extent permitted by law. Do to the nature of coaching, no particular results are guaranteed.
3. If for some reason, RBP cannot provide the Session cannot at the agreed-upon time, RBP will provide Client with as much notice as possible, and Session shall be rescheduled for a mutually agreed-upon time.
4. Client understands that no legal, financial, accounting, or other professional advice is being offered in the course of any Session.
5. Client agrees that RBP provides coaching the Client and teaching skills to the Client so can do their own emotional processing; RBP is not a therapist and does not provide therapy.
6. Some challenges met in working with Client may bring up need for deeper work with a therapist; in the event that issue arises, RBP will inform Client of this need and reserves the right to terminate further services if the Client does not comply.
1. In consideration of the RBP Three-Session Coaching services provided by RBP, Client shall pay $1,800. For RBP Six-Session Coaching, Client shall pay $3,200. One-Session Coaching done on a sliding scale from $60 to $497.
2. This amount includes 6 weeks (Three-Session) or 12 weeks (Six-Session) of Support including the following:
a. 60 to 90-minute biweekly Coaching session with Rebecca Polan
b. Voxer support in between sessions
c. Email support in between session
d. Access to Core Beliefs Transformation Coursework (Six-Session only)
e. Virtual Self-Care half-day retreat (Six-Session only)
3. Client may contact RBP between Sessions via email and/or Voxer, RBP will do its best to respond free of charge within 2 business days (excepting weekends, vacations and holidays). Should RBP determine that more time is needed to deal with a particular communication, RBP may advise Client to arrange an additional Session (pursuant to the Fees set out above) or inform Client of the additional time needed to respond to said query and the fee payable for said response to same. RBP will obtain Client’s approval prior to incurring any such additional fees. Re-schedule requests less than a week in advance of the session entail a $60 convenience fee for the change, unless it is an emergency situation.
4. In the event client does not pay in full up front, client shall provide RBP with a credit card on file to make three to six payments, which will be billed on a recurring basis for the length of the Coaching Program with an additional $50 per payment. If the credit card on file is declined, Client then has 3 business days to provide RBP with a new credit card number. If Client does not complete payment of outstanding invoices within three days, all services (Sessions and email / Voxer support) are paused, and a 10% late fee shall be added to the outstanding invoice.
5. Without prejudice to any other right or remedy possessed by RBP, should Client fail to pay any invoice within 3 days of submission, RBP may charge interest on such sum from the due date for payment; and RBP may also suspend all Services until payment is made in full.
6. Should Client fail to pay all outstanding invoices and late fees after 15 days of the invoicing of same, RBP has the option to terminate the Agreement. Should RBP terminate this Agreement for non-payment, Client is responsible for the outstanding invoice, plus the late fee, plus one-half of the total amount of all services agreed to but not yet invoiced under the Agreement.
7. One-half of the remainder of all sums payable under this Agreement shall become due immediately upon termination of this Agreement, despite any other provision. This clause is without prejudice to any right to claim for interest under the law, or any other right available under this Agreement.
1. RBP acknowledges that in the course of providing the Services, RBP may have access to Confidential Information, defined as “information related to Client and Client’s affairs that is confidential to client, including information obtained in connection with the services, and the fact that services are being provided to Client.”
2. RBP agrees not to use or disclose to any third party any Confidential Information (except in the proper course of performing the Services). This restriction does not apply to any use or disclosure authorized by Client or required by law; any use or disclosure which RBP in its absolute discretion considers necessary or advisable in order to prevent illegal acts or harm to Client or to others; or any information which is already in the public domain.
3. Client acknowledges that as is good practice, Rebecca Polan engages her own Coach to keep the Services she offers on behalf of RBP sharp and current. Client agrees that Rebecca Polan / RBP may disclose any issues which arise out of any Session with Rebecca Polan’s / RBP’s own coach, supervisor and/or supervision group but Rebecca Polan on behalf of RBP agrees only to disclose such issues on a general basis and without disclosing Client’s name.
4. Client may disclose to third parties such information about the Sessions as client desires.
Intellectual Property and Privacy
1. Client acknowledges and agrees that his/her personal data will be processed by and on behalf of RBP as part of providing the Services.
2. Client 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 used in the Sessions to which RBP holds an ownership, copyright, or exclusive license.
3. RBP grants Client a limited, non-exclusive, non-transferable, non-sub licensable revocable license to use any and all of the content or material used in the Sessions for the purposes for which the content was provided in the Sessions only.
4. Client may not without RBP’s prior written consent make any audio or visual recordings of all or any part of our Sessions. Client is encouraged, however, to record the coaching Sessions and written permission to do so is hereby granted to Client.
1. If either Client or RBP gives notice to terminate this Agreement, then Client shall make himself/herself available for a final Session as soon as reasonably possible after such notice.
2. On or before the termination date of this Agreement, Client shall immediately pay any unpaid fees or other sums payable under this Agreement.
3. Termination of this Agreement shall not affect the accrued rights, remedies, obligations and liabilities of the parties upon the date of termination of the Agreement.
4. Clauses which have effect after termination shall continue in force and effect after the termination date of this Agreement, including the clause concerning Confidential Information, Limitation on Liability and Governing Law and Jurisdiction.
Any written notices provided for in this Agreement shall be in writing and shall be deemed sufficiently given if either hand delivered or if sent by fax or overnight courier, or by postage prepaid first class mail. Notices sent by mail shall be deemed received three business days after mailing but in no event later than the date of actual receipt. Notices shall be directed, if to Client, at the address indicated by the Company’s records, or if to the Company, at its principal executive office.
Status of Parties
1. The relationship between RBP and Client shall be that of independent contractor, and nothing in this Agreement shall render Rebecca Polan or RBP the employee, worker, agent, or partner of Client.
1. RBP 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 or corruption of data or information or any special, indirect, consequential or purely economic loss, costs, damages, charges or expenses suffered or incurred by Client as a result of Client entering into this Agreement.
2. The total liability of RBP 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 Client for the Sessions.
3. If Rebecca Polan and/or RBP is prevented from or delayed in performing any obligations under this Agreement by Client’s act or omission or by any circumstance outside of the control of Rebecca Polan and/or RBP, Rebecca Polan and/or RBP shall not be liable for any costs, charges, or losses sustained or incurred by Client that arise directly or indirectly by such prevention or delay.
4. The provisions of the clause on Liability shall survive termination of this Agreement.
Rebecca Polan and/or RBP 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 the reasonable control of Rebecca Polan and/or RBP.
Any failure by Client to comply with any obligation, covenant, agreement, or condition herein may be waived only by a writing signed by the Company and such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement, or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.
No variation of this Agreement shall be valid unless it is in writing and signed by or on behalf of each of the Parties.
GOVERNING LAW AND JURISDICTION
This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of the State of Georgia. The parties agree that the courts of Georgia 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.
If there is a time when RBP excuses a breach of any of the provisions of this Agreement, such an excuse will not be deemed to be or construed as a continuing allowance of such a breach.
Client is provided these terms to engage with RBP and may request modification prior to payment or engaging with RBP. Terms cannot be adjusted by the Client once services are begun and payment has been made.