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Terms of Use http://www.gilian.life and Coaching Terms and Conditions

In the spirit of good practice, when you are purchasing coaching services from me
I ask you to confirm that you have read and agreed to each statement below and that you wish to proceed. All coaching services and communication, email or otherwise, are delivered by myself, Gilian A. Martina, as well as information on this website (www.gilian.life) are meant
to help you get clarity on what you would like to achieve and focus to reach these
desired goals.
Coaching is not a substitute for professional mental health care or medical care and
can best be benefitted from when major emotional and psychological wounds are
already healing or healed.
Gilian is continually striving to ensure her standard of service remains excellent. At
the end of the coaching process, or series of coaching sessions, the client will be
asked to complete a feedback form.


COACHING DISCLAIMER

I understand that the coaching services I will be receiving from my Coach 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
also understand that my Coach is not acting as a mental health counsellor or a
medical professional. I also 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.
I understand and agree that I am fully responsible for my well-being during my
coaching sessions, and subsequently, including my choices and decisions.
I understand that all comments and ideas offered by my Coach are solely for the
purpose of aiding me in achieving the defined goals I create with my Coach. I have
the ability to give my informed consent, and hereby give such consent to my coach
to assist me in achieving such goals and understand that results are not guaranteed.
I understand that to the extent our work together involves career or business, my
Coach is not promising outcomes included but not limited to increased clientele,
profitability and or business success.
I understand that my 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 limited in this capacity. Furthermore, if my Coach is
ordered by a court to provide information or to testify, she 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, WhatsApp, phone, social media, online
meeting solutions, and other technology.
I hereby release, waive, acquit and forever discharge my Coach, 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 my Coach
as a result of the advice given by my 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 agree with these terms of use
and terms and conditions. These terms of use and terms and conditions shall bind
my heirs, executors, personal representatives, successors, assigns, and agents.


TERMS AND CONDITIONS
The coaching schedule will be arranged between Gilian and the client. Gilian 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 session will be agreed at the start of
coaching between Gilian and the client and confirmed by Gilian by e-mail. Where
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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),
Gilian 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 Gilian 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.


FORMAT OF SESSIONS
Face to face (venue by mutual agreement), online (client calls coach); telephone
coaching sessions (client calls coach); or other format where such is agreed. Unless
otherwise agreed, for online and telephone sessions the client is responsible for
contacting Gilian at agreed times. Gilian is responsible for ensuring that she is
available for consultation at agreed times.
The length of each session is as agreed between Gilian and the client before
coaching sessions commence.


SESSION FEES
All session fees are listed online (www.gilian.life). Coaching services are to be
booked online only.


ADDITIONAL SESSIONS
Gilian 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 Gilian notifies the client via 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”.


DATES AND TIMES OF SESSIONS
The date and time of the first session and any subsequent session can be booked
online on http://www.gilian.life.
Sessions can only be rearranged in accordance with the section in these terms and
conditions headed “Rearranging Sessions”.


PAYMENT TERMS
Fees can be paid online by debit card, credit card or iDEAL. The client will receive
an automatic receipt after purchase.
Fees are payable in advance of each coaching session unless otherwise agreed
(Business Coaching may allow for payment on receipt of invoice). Where payment
has not been received by Gilian in advance of a coaching session Gilian is not
obliged to provide the session.
Where payment is required on receipt of invoice rather than in advance, a charge
may be levied for late payment.


BETWEEN SESSIONS
Gilian 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 in gaining improved
quality of life or achieving desired business or personal outcomes.
The client may contact Gilian by phone or e-mail between sessions to seek
clarification regarding anything arising from a coaching session. Additional
coaching can also be provided between sessions but there will be an additional
charge for this. Gilian 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.


REARRANGING SESSIONS
If a client needs to rearrange a coaching session, they should provide at least 24
hours notice. No refunds will be given to clients for unused coaching sessions unless
24 hours notice has been given. In exceptional circumstances Gilian may need to
rearrange a coaching session. In those instances she will also give the client 24
hours notice.


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.


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, Gilian 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 Gilian where practicable and will be refunded any advance
payments made for coaching sessions not yet provided.


RESPONSIBILITIES
Gilian will seek to enable the client to improve their quality of life or level of
business success and to achieve their desired outcomes. Remarkable results can be
achieved where clients follow a clear plan in a committed way. However, the client
has sole responsibility for taking important decisions in their life or business. Gilian
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 Gilian and the client and
confirmed by Gilian in writing by email. In other cases, Gilian may change any of
these terms or conditions, including the ‘Per Session Fee’ by giving the client one
week’s notice via e-mail. 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 in writing 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 Gilian.


GOVERNING LAW
This contract is governed by the law of Curaçao, whose Court of First Instance has
exclusive jurisdiction in relation to any dispute, disagreement, proceedings or legal
claim of any nature relating to the service provided or the contract.


FEEDBACK
Feedback about the service is welcomed and can be given during a coaching session
or online (www.gilian.life).