The following includes the terms and conditions for program engagement and our privacy policy.
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1) The relationship between the coach/counsellor and the client is bound by the ethical standards of the International Coaching Federation (ICF) and Psychotherapy and Counselling Federation of Australia (PACFA).
2) Services:
The parties agree to engage in a Program through in person or online meetings. We will be available to the client by e-mail and voicemail in between scheduled meetings as defined by the agreement.
3) Schedule and Fees:
Sessions shall be 60 mins.The refund policy in effect for the term of this Agreement is as follows: No refund unless extreme circumstances. Please email reasons for consideration.
4) Procedure:
The time of the meetings and/or location will be determined by the agreement based on a mutually agreed upon time.
5) Confidentiality:
This relationship, as well as all information (documented or verbal) that the Client shares with Marion as part of this relationship, is bound by the principles of confidentiality set forth in the ICF Code of Ethics and PACFA Code of Ethics. However, please be aware that the 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 recognised privilege. Marion agrees not to disclose any information pertaining to the Client without the Client’s written consent. Marion 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 Marion’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 Marion from a third party, without breach of any obligation to the Client; (d) is independently developed by Marion without use of or reference to the Client’s confidential information; or (e) Marion is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to Marion and as a result of such disclosure Marion 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 Marion in a timely manner.
6) Release of Information:
Marion engages in training and continuing education pursuing and/or maintaining ICF (International Coach Federation) Credentials. That process requires the names and contact information of all Clients for possible verification by ICF.
7) Cancellation Policy:
Client agrees that it is the Client's responsibility to notify Marion 48 hours in advance of the scheduled calls/meetings. Marion reserves the right to bill Client for a missed meeting. Marion will attempt in good faith to reschedule the missed meeting.
8) Record Retention Policy:
The Client acknowledges that Marion has disclosed his/her record retention policy with respect to documents, information and data acquired or shared during the term of the relationship. Such records will be maintained by Marion in a format of Marion’s choice (print or digital/electronic) for a period of not less than 5 years.
9) Termination:
Either the Client or Marion may terminate the Agreement at any time with 1 weeks written notice. Client agrees to compensate Marion for all services rendered through and including the effective date of termination of the relationship.
10) Limited:
Liability Except as expressly provided in this Agreement, Marion makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the services negotiated, agreed upon and rendered. In no event shall Marion be liable to the Client for any indirect, consequential or special damages. Notwithstanding any damages that the Client may incur, Marion’s entire liability under this Agreement, and the Client’s exclusive remedy, shall be limited to the amount actually paid by the Client to Marion under this Agreement for all services rendered through and including the termination date.
11) Entire Agreement:
This document reflects the entire agreement between Marion 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 Marion and the Client.
12) Dispute Resolution:
If a dispute arises out of this Agreement that cannot be resolved by mutual consent, the Client and Marion agree to attempt to mediate in good faith for up to (certain amount of time such as 30 days) after notice given. If the dispute is not so resolved, and in the event of legal action, the prevailing party shall be entitled to recover attorney’s fees and court costs from the other party.
13) Severability:
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
14) Waiver:
The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
15) Applicable Law:
This Agreement shall be governed and construed in accordance with the laws of the State of Victoria, without giving effect to any conflicts of laws provisions.
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