1. This coaching agreement between the Viviid Coaching Coach (‘VC Coach’) and the Coaching Counterpart describes and confirms the personal commitment of each party towards the success of the coaching relationship.
2. Coaching is a partnership between the VC Coach and the Coaching Counterpart in a thought-provoking and creative process that inspires them to maximise personal and professional potential. It is designed to facilitate the creation and development of personal, professional or business goals and to develop and carry out a strategy or plan for achieving those goals.
3. The VC Coach will engage in direct, personal and often challenging conversations regarding the whole person and system with the Coaching Counterpart and provide a safe environment and apply contemporary coaching practices including if deem appropriate the use of psychometric tools to do so.
4. The Coaching Counterpart understands that successful coaching requires an active collaborative approach between the Coaching Counterpart and the VCCoach. The VC Coach plays the role of a facilitator of change, and it is the Coaching Counterpart’s responsibility to enact the change. As such the Coaching Counterpart agrees that the Coach is not and will not be liable or responsible for any actions or inactions, or for any direct or indirect result of any services provided by the VC Coach. The VC Coach will seek feedback from the Coaching Counterpart and review coaching outcomes achieved against the goals set.
5. The Coaching Counterpart will participate with an open mind and a readiness to move forward and try new ways of behaving, learning and working. The Coaching Counterpart will give permission to the VC Coach to challenge and confront thinking, behaviours and feelings during the coaching sessions in support of the development goals.
6. The Coaching Counterpart 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 Coaching Counterpart’s exclusive responsibility to seek such independent professional guidance as needed. If Coaching Counterpart is currently under the care of a mental health professional, it is recommended that the Coaching Counterpart promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by the Coaching Counterpart and the VC Coach.
7. The Coaching Counterpart will complete any between-sessions action learning tasks and come prepared and on-time to all coaching sessions in order to obtain the full benefit from the coaching programme.
8. The Coaching Counterpart will inform the VC Coach promptly if the coaching is not working for the Coaching Counterpart. The VC Coach will work with the Coaching Counterpart to review the coaching process and agree on a course of action in making adjustments to the coaching relationship, or terminate the relationship.
9. The VC Coach agrees to maintain the ethics and standards of behaviour established by the International Coach Federation “(ICF)”. It is recommended that the Client review the ICF Code of Ethics and the applicable standards of behaviour (www.Coachfederation.org/ethics). This coaching relationship, as well as all information (documented or verbal) that the Coaching Counterpart shares with the VC 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 VC Coach-Coaching Counterpart 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 recognized privilege.
10. The VC Coach agrees not to disclose any information pertaining to the Coaching Counterpart without the Coaching Counterpart’s written consent. The VC Coach will not disclose the Client’s name as a reference without the Coaching Counterpart’s consent. Confidential Information does not include information that: (a) was in the Coach’s possession prior to its being furnished by the Coaching Counterpart; (b) is generally known to the public or in the Coaching Counterpart’s industry; (c) is obtained by the CS Coach from a third party, without breach of any obligation to the Coaching Counterpart; (d) is independently developed by the VC Coach without use of or reference to the Coaching Counterpart’s confidential information; or (e) the VC Coach is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to the VC Coach and as a result of such disclosure the VC Coach reasonably believes there to be an imminent or likely risk of danger or harm to the Coaching Counterpart or others; and (g) involves illegal activity. The Coaching Counterpart also acknowledges his or her continuing obligation to raise any confidentiality questions or concerns with the VC Coach in a timely manner.
11. The VC Coach 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 Coaching Counterparts for possible verification by ICF. By signing this agreement, you agree to have only your name, contact information and start and end dates of coaching shared with ICF staff members and/or other parties involved in this process for the sole and necessary purpose of verifying the coaching relationship, no personal notes will be shared. 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.
12. A minimum of 24 hours’ notice is required for cancellation, otherwise the full coaching fee will be incurred.
13. This Agreement shall be governed and construed in accordance with the laws of the Hong Kong Special Administrative Region, China, without giving effect to any conflicts of laws provisions. If a dispute arises out of this Agreement that cannot be resolved by mutual consent, the Coaching Counterpart and Viviid Coaching 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.
14. Except as expressly provided in this Agreement, Viviid Coaching and 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 Viviid Coaching be liable to the Coaching Counterpart for any indirect, consequential or special damages. Notwithstanding any damages that the Coaching Counterpart may incur, Viviid Coaching’s entire liability under this Agreement, and the Coaching Counterpart’s exclusive remedy, shall be limited to the amount actually paid by the Coaching Counterpart to Viviid Coaching under this Agreement for all coaching services rendered through and including the termination date.
15. Viviid Coaching collects, uses and processes your personal data in accordance with the Personal Data (Privacy) Ordinance (Cap. 486 of the Laws of Hong Kong) (“ PDPO”), the associated regulations and guidelines as may from time to time be issued by the Privacy Commissioner for Personal Data, Hong Kong and (where applicable) the General Data Protection Regulation (EU) 2016/679 (“GDPR”) of the European Union. Viviid Coaching will retain personal data collected for as long as it is necessary to fulfill the purpose for which it is collected including providing services to Coaching Counterparts, other legal and/or business purposes, and/or as may be required by applicable law. Viviid Coaching stores your personal data on secure servers and have put in place appropriate security arrangements to prevent unauthorized access, collection, use, disclosure, copying, modification, disposal of your personal data. However, Viviid coaching cannot assume responsibility for any unauthorized use of your personal data by third parties which are wholly attributable to factors beyond our control.