Terms & Conditions
Coaching Disclaimer 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, delivered by myself, Kissy Naude, as well as information on this website (coachkissy.com) are meant to help you identify the areas in your life and in your thinking that may be preventing you from experiencing greater well-being and moving forward. Coaching is not a substitute for professional mental health care or medical care. As I see it coaching is meant to be done when major emotional and psychological wounds are already healing or healed.
The term ‘coaching’ as here used covers life coaching, personal coaching, executive coaching and business coaching for clients.
Coach Kissy is continually striving to ensure the standard of service she provides to its clients remains excellent. At the end of the coaching process, or series of coaching sessions, the client will be asked to complete a feedback form
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 medical professional. Coach Kissy is only acting as per her qualifications.
For legal purposes, I understand that coaching is currently an unregulated industry and that my Coach is not “licensed “ by any body saved as the CTAA and the organizations she has studied with even though the sessions may take place in South Africa and around the world electronically.
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 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 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, text, phone, Skype 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 to sign this agreement. This agreement shall bind my heirs, executors, personal representatives, successors, assigns, and agents.
TERMS AND CONDITIONS
The coaching schedule will be arranged between Coach Kissy and the client and can be booked up to 3 months in advance. Coach Kissy will recommend the frequency of coaching sessions based on a professional assessment of the client’s requirements. This recommendation, or plan, is binding and may be altered and adjusted throughout the coaching journey by solely by Coach Kissy if she deems it necessary for the client's progress, 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 Coach Kissy and the client, and confirmed by Coach Kissy by email or written correspondence and a signed agreement on the Coach Accountable App. Where no specific number is agreed sessions will be provided on a session by session basis these terms and conditions apply. A CoachAccountable account will be opened for the client to maximize coaching and the cost of ZAR 200 will be billed to the client monthly in advance for as long as the client receives coaching from Coach Kissy. The client agrees to use this platform or any other platform as exclusively arranged by Coach Kissy.
In return for the fees payable by the client (or by a third party on their behalf), Coach Kissy 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/and or first payment 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 Coach Kissy 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 and/or first payment made constitutes acceptance of these terms and conditions if no contract has been signed on the Coach Accountable App.
FORMAT OF SESSIONS
Face to face (venue by mutual agreement), via Skype or Zoom (client calls coach OR Coach calls client); telephone coaching sessions (client calls coach); or other format where such is agreed. Unless otherwise agreed, for Skype and telephone sessions the client is responsible for telephoning Coach Kissy at agreed times. Coach Kissy is responsible for ensuring that she is available for consultation at agreed times.
The length of each session is as agreed between Coach Kissy and the client before coaching sessions commence. Coach Kissy has the use of offices throughout South Africa and depending where the client is located. Any traveling costs outside of Cape Town South Africa will be for the clients account.
SESSION OR WORKSHOP FEES
In accordance with Coach Kissy's current per session fee or fee for a program of sessions, or any other such fee as shall be agreed and notified to the client. Coach Kissy will confirm the fees in writing, usually by email, or invoice unless this is impractical. The number of sessions for which payment is required in advance will be agreed before coaching sessions commence. Special packages namely Quarterly or Half Yearly etc are specially priced and will continue until client gives Coach Kissy 1 (one) months notice of not renewing or adjusting it. Fees are payable on presentation of invoice. Coach Kissy has a NO REFUND policy on all AMOUNTS ALREADY PAID.
Coach Kissy 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 Coach Kissy notifies the client in writing by letter or 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 OR WORKSHOPS
The date and time of the first session and any subsequent session will be agreed between Coach Kissy and the client by phone or email and confirmed by Coach Kissy by email or letter or verbally in session which will be confirmed in writing afterward. In the instance of workshops, no refunds or allocation of funds to coaching sessions as workshops are held at a venue that Coach Kissy has to pay for in advance on booking the venue. Coach Kissy holds the exclusive right to change workshop times and dates as required. Any re-scheduled sessions payments must still be made on presentation of invoices even though the session has been re-scheduled by the client or Coach Kissy. Any "no show" sessions within 15mins of the session start time is forfeited.
Sessions can only be rearranged in accordance with the section in these terms and conditions headed “Rearranging Sessions”.
Fees can be paid online by debit or credit card using the Paypal or Yoco payments systems, by standing order, by bank transfer, or by Direct Deposit made out to Coach Kissy. Where receipts are requested by the client, they will be sent by e-mail unless otherwise requested. Card machine or online card payments are available for sessions and workshops to be paid for in advance before such services are delivered.
Fees are payable in advance of each coaching session unless otherwise agreed (Business Coaching may allow for payment on receipt of invoice when this has been arranged and agreed to by both parties). Where payment has not been received by Coach Kissy in advance of a coaching session Coach Kissy 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. Jurisdiction for any legal action will be in Cape Town South Africa.
Coach Kissy 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. This is important as your success is attached to doing these tasks or exercises.
The client may contact Coach Kissy by whatsapp or e-mail between sessions to seek clarification regarding anything arising from a coaching session or for administrative purposes (e.g. where a client needs to rearrange a coaching session or make a payment). Additional coaching can also be provided between sessions but there will be an additional charge for this. Coach Kissy 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.
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, where Coach Kissy may be running late or load shedding issues or any circumstances outside of her control she may have to reschedule/rearrange a coaching session. In those instances, she will give the client 3 hours notice where practical but can also be rearranged by Coach Kissy in emergency client circumstances when required. Sessions that are bought at "special rates" cannot be changed or rearranged.
Where a client pays for a session or sessions in advance they must have the coaching session(s) that they have paid for within 3 months of the payment or their fee is forfeited.
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.
In exceptional circumstances, such as illness or unavailability due to bereavement or other commitments, inappropriate behavior by the client, actual or potential conflict of interest, or other reasons, Coach Kissy 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 Coach Kissy where practicable and will be refunded any advance payments made for coaching sessions not yet provided. A penalty of 1/3 of the outstanding coaching appointments fee will be applied.
Coach Kissy 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. Coach Kissy 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 Coach Kissy and the client and confirmed by Coach Kissy in writing by email or letter. In other cases, Coach Kissy may change any of these terms or conditions including the Per Session Fee by giving the client one week’s notice in writing by letter or e-mail of the change(s). 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 or letter 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 Coach Kissy. These terms and conditions forms part of any coaching agreement signed on the Coach Accountable App.
This contract is governed by the law of South Africa whose courts have exclusive jurisdiction in relation to any dispute, disagreement, proceedings or legal claim of any nature relating to the service provided or the contract.
Feedback about the service is compulsory and can be given during a coaching session or by writing to Coach Kissy. These can be used at the sole discretion of Coach Kissy on any Social Media platform. The client has the right to anonymity if required.