Terms and Conditions for Individual Coaching

This Agreement is entered into by and between: Dr. Locatelli Roberta, Im Winkelrain 18, 72076 Tübingen, Germany and (Client’s Name, Address), whereby the Coach agrees to provide Coaching Services for the Client.

Description of Coaching: Coaching is a partnership (defined as an alliance, not a legal business partnership) between the Coach and the Client in a thought-provoking and creative process that inspires the client to maximise personal and professional potential. It is designed to facilitate the creation/development of personal, professional or business goals and to develop and carry out a strategy/plan for achieving those goals.

1) Coach-Client Relationship

A. The Coach agrees to maintain the ethics and standards of behaviour established by the International Coaching Federation “(ICF)”. www.coachingfederation.org/ethics. It is recommended that the Client review the ICF Code of Ethics and the applicable standards of behaviour.

B. The Client is solely responsible for creating and implementing his/her own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the coaching relationship and his/her coaching calls and interactions with the Coach. As such, the Client agrees that the Coach is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by the Coach. The Client understands coaching is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease.

C. The Client further acknowledges that he/she/they may terminate or discontinue the coaching relationship at any time.

D. The Client acknowledges that coaching is a comprehensive process that may involve different areas of his or her life, including work, finances, health, relationships, education and recreation. The Client agrees that deciding how to handle these issues, incorporating coaching principles into those areas and implementing choices is exclusively the Client’s responsibility.

E. The Client acknowledges that coaching does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association and that coaching is not to be used as a substitute for counselling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals and that it is the Client’s exclusive responsibility to seek such independent professional guidance as needed. If Client is currently under the care of a mental health professional, it is recommended that the Client promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by the Client and the Coach.

F. The Client understands that in order to enhance the coaching relationship, the Client agrees to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the programme.

2) Services

The parties agree to engage in an open-ended Coaching Programme through online meetings. The minimum length of the Programme is four sessions. Unless either the Client or the Coach expresses the desire to interrupt the relationship in written or oral form by the last session of each monthly package, the coaching partnership will be extended each subsequent month.

3) Schedule & Fees

The validity of this coaching agreement starts on the day the client accepts the service terms and conditions by booking the first coaching session (after the free discovery session). Unless otherwise agreed between both parties, the fee is 420 euros for a 4-session package for self-funded clients (that is 105 euros per session), 130 euros per session for corporate and institutional clients per hourly session, and 120 British Pounds per session for Access to Work Clients. Fees are payable before the start of the first coaching session of each package. Special circumstances may warrant promotional discounts, whose rates will be communicated by the Coach to the Client via email. The Coach reserves the right to change the fee at any time and will notify the Client of any change in their rate at least 2 weeks before any change applies.

The meetings shall be around 60 minutes long. If rates change before this agreement has been signed and accepted, the prevailing rates will apply.

The Coach may also be available for additional time, per Client’s request, on a basis rate of 105 euros/hour (this might include, for example, reviewing documents, reading or writing reports, engaging in other related services outside of coaching hours).

4) Procedure

The time of the coaching meetings will be determined by the Coach and the Client based on a mutually agreed upon time. The Client will join the Coach via Zoom. The URL will be provided by the Coach prior to each session. In between sessions, the Client may email the Coach to ask for perspective, ask about a problem, get accountability, share a success, or other coaching-related communication. The Coach will do their best to respond to these emails in a timely manner.

5) Confidentiality

This coaching relationship, as well as all information (documented or verbal) that the Client shares with the Coach as part of this relationship, is bound by the principles of confidentiality set forth in the ICF Code of Ethics. However, please be aware that the Coach-Client 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. In the event the Coach were ever called to legal testimony, the Coach would have to testify. The Coach agrees not to disclose any information pertaining to the Client without the Client’s written consent. The Coach 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’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 the Coach from a third party, without breach of any obligation to the Client; (d) is independently developed by the Coach without use of or reference to the Client’s confidential information; or (e) the Coach is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to the Coach and as a result of such disclosure the Coach 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 the Coach in a timely manner.

According to the ethics of our profession, topics may be anonymously and hypothetically shared with other coaching professionals for training, supervision, mentoring, evaluation, and for coach professional development and/or consultation purposes.

Additionally, the Coach holds credentials through the International Coaches Federation (ICF) and the Professional Association of ADHD Coaches (PAAC). An ICF and PAAC credential are the most advanced and prestigious distinctions that can be earned by a member of the coaching profession. One requirement to earn this credential is to provide proof that the coach has a certain number of client coaching hours. This proof is provided in the form of a client coaching log that lists the client’s name, contact information and hours coached. There is never any disclosure of coaching content in this log.

IMPORTANT: By signing this agreement, the Client agrees to have only their name, contact information and start and end dates of coaching shared with ICF staff members and/or other parties involved in this process such as the Coach’s mentor coach for the sole and necessary purpose of verifying the coaching relationship and/or the Coach’s professional development. No personal notes will be shared.

6) Cancellation Policy

The Client agrees that it is the Client’s responsibility to notify the Coach 24 hours in advance of the cancellation of a scheduled meeting. The Coach reserves the right to bill the Client for any missed meeting without a 24-hour notice cancellation. The Coach will attempt in good faith to reschedule the missed meeting.

Once the Client has paid for a coaching package, they have up to five months to complete all the sessions, unless an alternative agreement over a temporary suspension of the coaching relationship has been found by both parties. The Coach will attempt in good faith to schedule or reschedule all paid sessions within five months of the payment. If sessions remain unfulfilled due to the Client’s lack of cooperation in arranging them, any unfulfilled session will be considered missed.

7) Coach Unavailability

Short-term unavailability

In the event that the Coach is temporarily unable to conduct scheduled sessions due to illness, personal emergency, or other unforeseen circumstances, the Coach will notify the Client as soon as reasonably practicable. Where possible, missed sessions will be rescheduled at a time agreed upon with the Client.

Extended unavailability

If the Coach anticipates being unavailable for a period exceeding four consecutive weeks, the Coach will notify the Client in writing and offer the following options: (1) pause the coaching relationship at no cost until the Coach resumes services, with the validity period for any outstanding session package extended accordingly, or (2) terminate the Agreement with a refund for any unused sessions.

Force majeure

Neither party shall be liable for any failure or delay in performing their obligations under this Agreement where such failure or delay results from circumstances beyond the reasonable control of that party, including but not limited to: natural disasters, pandemics, war, terrorism, civil unrest, government actions, internet or telecommunications failures, or other events that could not have been reasonably anticipated or prevented. In such circumstances, the affected party will notify the other party as soon as practicable, and the parties will work together in good faith to determine an appropriate course of action, which may include pausing or terminating the Agreement.

No substitute coaches

The Client acknowledges that the coaching services are provided personally by Dr. Roberta Locatelli and that the Coach will not provide a substitute coach during periods of unavailability without the Client’s prior consent.

8) Record Retention Policy

The Client acknowledges that the Coach has disclosed their record retention policy with respect to documents, information and data acquired or shared during the term of the Coach-Client relationship. Such records will be stored by the Coach in a format of the Coach’s choice (print or digital/electronic) for as long as the coaching relationship is in place. Any data will be deleted by the Coach at the end of the coaching relationship and will be deleted at any time prior to the end of the coaching relationship upon Client’s request.

9) Email Communication

By entering into this Agreement, the Client consents to receive communications from the Coach via email, including but not limited to: session scheduling and reminders, programme updates and administrative notices, resources and materials related to the coaching programme, and information about additional services offered by the Coach. The Client may withdraw consent to receive non-essential communications (such as information about additional services) at any time by notifying the Coach in writing, without affecting the validity of this Agreement. The Coach will continue to send communications that are necessary for the performance of this Agreement (e.g., scheduling, invoicing, and programme-related notices) regardless of such withdrawal.

10) Termination

Either the Client or the Coach may terminate this Agreement at any time with 2 weeks written notice or by talking to each other. The Client agrees to compensate the Coach for all coaching services rendered through and including the effective date of termination of the coaching relationship.

11) Limited Liability

Except as expressly provided in this Agreement, the Coach makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the coaching services negotiated, agreed upon and rendered. In no event shall the Coach be liable to the Client for any indirect, consequential or special damages. Notwithstanding any damages that the Client may incur, the Coach’s entire liability under this Agreement, and the Client’s exclusive remedy, shall be limited to the amount actually paid by the Client to the Coach under this Agreement for all coaching services rendered through and including the termination date.

12) Entire Agreement

This document reflects the entire agreement between the Coach 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 the Coach and the Client.

13) Dispute Resolution

If a dispute arises out of this Agreement that cannot be resolved by mutual consent, the Client and the Coach agree to attempt to mediate in good faith for up to 6 days after notice is 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.

14) 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.

15) 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.

16) Applicable Law

This Agreement shall be governed and construed in accordance with the laws of the Federal Republic of Germany, without giving effect to any conflicts of laws provisions.

17) Binding Effect

This Agreement shall be binding upon the parties hereto and their respective successors.

18) Right of Withdrawal (Widerrufsrecht)

You have the right to withdraw from this contract within fourteen days without giving any reason. To exercise your right of withdrawal, you must inform the Coach:

Dr. Roberta Locatelli

Im Winkelrain 18

72076 Tübingen, Germany

Email: dr.locatelli.adhdcoach@gmail.com

of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post or email). You may use the model withdrawal form below, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of your right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract within these terms, the Coach shall reimburse all payments they have received from you, without undue delay and in any event not later than fourteen days from the day on which we are informed of your decision to withdraw from this contract. The Coach will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

Model Withdrawal Form

(Complete and return this form only if you wish to withdraw from the contract.)

To: Dr. Roberta Locatelli, Im Winkelrain 18, 72076 Tübingen, Germany

Email: roberta@divergentempowerment.com

I (*) hereby give notice that I (*) withdraw from my (*) contract for the provision of the following service:

Ordered on (*) / received on (*): ___________

Name of consumer: ___________

Address of consumer: ___________

Signature of consumer (only if this form is submitted on paper): ___________

Date: ___________