Terms of Service
Terms of Service
The following Terms of Service (“ToS”) regulate your requests, purchases, and receipt of Coaching Services through TechChange INC., D/B/A Impact Coach (hereinafter referred to as “IC”, “we”, “us”, “our”). For purposes of this Agreement, you will be referred to as the “Coachee”, “Client” or simply “you”. If you have any questions about the terms contained in this Agreement, please send us an email to [ADD EMAIL ADDRESS] before you click your acceptance below.
By clicking your acceptance to this document, you hereby acknowledge having read and understood all terms contained herein and agree to abide by these ToS as a condition precedent to requesting Coaching Services, sharing information with IC or with any of its Coaches, or receiving any Coaching Sessions using IC’s services.
IC is in the business of connecting Coaches with Clients and help create an alliance between them in a thought-provoking and creative process that inspires the Client to maximize his/her/their potential. It is designed to facilitate the creation and development of career goals and to develop and carry out a strategy for achieving those goals. And while IC’s Coaches will u se their best professional efforts to help Clients achieve their goals, the responsibility for results always lies with the Client.
Coaching sessions aim to change your mindset, and it is only through change within your mindset that breakthroughs can be achieved. If you refuse to change or revert to old patterns of behavior which the Coach deems to be holding you back from achieving your goals, then you are holding yourself back and there is nothing the Coach can do to change that fact. Thus the responsibility for results is always 100% with the Client.
IC’s Coaches are there to help you achieve your goals through the use of various recognized and studied coaching techniques. Contact between Coach and Coachee is to be kept professional and amicable at all times. For this reason, the use of profanity, abusive content, bullying, threats (whether direct or in-direct), and all other negative or harmful interactions are strictly prohibited and will put the offending party in breach of these ToS.
Minor infractions may result in a written warning (via email or publicly), but once a Client has received three or more warnings, IC shall have the option to dismiss that Client immediately and Client will forfeit all remaining Coaching Sessions that have already been paid. Any major infractions will result in immediate dismissal and forfeiture of all paid Coaching Sessions. IC’s senior management shall be the sole arbiter of the level of the infraction and penalty warranted.
Likewise, if you have concerns regarding the behavior of your Coach you must raise the issue with IC’s staff immediately so we may take all corrective measures we deem necessary. Abuse of any kind will not be tolerated from either Coach or Coachee.
The professional services provided by IC’s Coaches are meant to help Clients achieve positive changes in their career paths. Coaching does NOT involve the diagnosis or treatment of any mental disorders as defined by the American Psychiatric Association. Coaching is NOT a substitute for counseling, psychotherapy, psychoanalysis, mental health care or substance abuse treatment and should NOT be used in place of any form of diagnosis, treatment, or therapy. Coaching is also NOT a way to make friends or find life partners.
The initiation of intimate relationships causes a shift in the Coach and Coachee dynamic, which hinders results due to changes in rapport and how Coachee relates to his/her/their Coach. On the rare occasion where an intimate relationship between Coach and Client does develop, both Coach and Coachee must notify IC’s staff in writing (email shall suffice) and accept that IC will reassign the Client to a new Coach in order to preserve the opportunity for achieving the best results for the Coachee.
You must purchase all Coaching Packages or Coaching Sessions through the IC website. Once you book a Coaching Session or purchase a Coaching Package, you can either select a Coach from IC’s Roster of Coaches or allow IC to designate a Coach to work with you. Following the selection or assignment of a Coach, the IC will send both parties an email notification including details on the services selected. The scheduling of all Coaching Sessions will be done via email between you and the Coach, or via the Coach’s scheduling software (i.e. Acuity, Calendly, etc.) and all Coaching Sessions will be conducted via Zoom or Google Meet.
All initial Leadership Coaching Sessions shall be scheduled for thirty (30) minutes so that you may have an opportunity to meet the Coach and see if there is a good match. Within the first thirty (30) days of signing up with IC, you can request a change in Coach TWICE following that initial assignment. After the third introductory meeting with a different Coach, or within thirty (30) days of booking your Coaching Sessions or Package, whichever happens first, you must select one Coach or pay for additional introductory sessions.
In order to make each Coaching Session more productive, you shall be responsible for completing a “Pre-Call Form” and sending the completed form to the Coach at least 24 hours before any scheduled session (except the first Coaching Session where the “New Client Questionnaire” shall serve that purpose). Coach shall be the one to send Client the necessary link to the meeting room after receiving the Pre-Call Form from Client. If the Client fails to appear at the scheduled time, Coach will send an email reminder to the Client. If Client is more than fifteen (15) minutes late past the appointed time, the scheduled session shall be deemed forfeited by the Client and no refund shall be issued or makeup session allowed.
We accept that in extenuating circumstances, such as but not limited to life threatening situations like automotive accidents, notification of cancellation may be impossible. The Client undertakes to notify IC’s management of all such incidents that impact their coaching schedule as soon as is humanly possible. IC’s management acknowledges that in certain cases the fees for cancellation may be waived due to the situation that has transpired, but the Coachee accepts that any waiver is entirely at the discretion of IC’s management and is non-negotiable.
You must purchase all Coaching Packages or Coaching Sessions through the IC website. All sessions must be paid for in advance. ONCE YOU PURCHASE A COACHING PACKAGE WITH A COACH FROM IC’S ROSTER, YOU ARE COMMITTED TO PURCHASING ALL COACHING SESSIONS WITH THAT COACH THROUGH IC’S WEBSITE FOR ONE YEAR FOLLOWING THE DATE OF THE FIRST PURCHASE. Coaching sessions will never be provided unless they have already been paid for in full. In rare circumstances at our discretion, coaching may be provided, with payment to be made at a later date. In such instances, if payment is late once a date has been agreed, additional fees proportional to the administration involved will be charged. Unless your payment has been made, and has cleared, your sessions cannot be confirmed or booked. They are merely tentative, and the timings could be taken by others if payment delays are experienced.
For Leadership Coaching Packages, payment must be made on a monthly basis for the month ahead. For individually booked Coaching Sessions, including but not limited to rescheduling or emergency sessions, payment for the session, of however many hours are agreed with IC’s Coach, is to be made prior to the session being confirmed.
YOU HEREBY AGREE TO INDEMNIFY YOUR COACH AS WELL AS IC AND ALL ITS STAFF FROM ANY CLAIMS, INCLUDING BY THIRD PARTIES, IN RELATION TO ANY AND ALL COMPENSATION, DAMAGES OR REDRESS RESULTING FROM ANY LIFE CHANGES MADE DURING OR AFTER YOUR COACHING SESSIONS. WHILE IC IS PROVIDING COACHING SERVICES TO HELP YOU ACHIEVE YOUR GOALS AND DREAMS, YOU AS THE CLIENT FULLY ACCEPT CLAUSE 1 “RESPONSIBILITY FOR RESULTS” WHILE ALSO ACCEPTING THAT YOU MAY ALSO CREATE ADVERSE SITUATIONS DUE TO DECISIONS YOU MAKE ON A CONSCIOUS OR AN UNCONSCIOUS LEVEL. YOU ACCEPT THAT THESE ARE YOUR OWN CHOICES, AND THUS INDEMNIFY IC ALONG WITH ALL ITS STAFF AND COACHES FROM ALL CLAIMS, COMPENSATION, DAMAGES OR REDRESS.
Protecting the confidentiality of Client’s private information is of paramount importance to IC and we are committed to protecting Client’s data as if it was our own. Thus, IC hereby acknowledges a duty to protect the confidentiality of Client’s data against unauthorized access, except as required by law, and will use your confidential data for no purpose other than those authorized by you for the performance of the Coaching Services.
If a dispute arises out of or relates to these ToS, or the alleged breach thereof, and if the dispute is not settled through negotiation, the parties agree first to try in good faith to settle the dispute through mediation. The mediation process shall be administered by the District of Columbia Mediation Services, or another administrator mutually agreed between the parties, and shall be a condition precedent to resorting to arbitration, litigation, or some other dispute resolution procedure. If the mediation process is unsuccessful, either party shall have the option of seeking either arbitration or filing a legal action in a court of competent jurisdiction. If the aggrieved party seeks arbitration, then the dispute shall be submitted to binding arbitration by the American Arbitration Association in accordance with the Association’s commercial rules then in effect. The arbitration shall be conducted in the District of Columbia and shall be binding on both parties. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction to do so. Costs of arbitration, including attorney fees, will be allocated by the arbitrator. If, alternatively, the aggrieved party seeks to file an action in court, then the action must be brought before a District of Columbia court of competent jurisdiction.
- Governing Law. This Agreement shall be governed and construed in accordance with the laws of the United States and the District of Columbia and Client consents to the exclusive jurisdiction and venue of the state courts and U.S. federal courts located in D.C. for any dispute arising out of this Agreement. Client agrees that in the event of any breach or threatened breach, IC may obtain, in addition to any other legal remedies which may be available, such equitable relief as may be necessary to protect us against any such breach or threatened breach.
- Entire Agreement. These ToS constitute the entire agreement between the parties concerning the provision of Coaching Services, and fully supersedes any and all agreements, promises, covenants, arrangements, communications, representations or warranties, whether oral or written, by any officer, employee or representative of any party hereto respecting this subject matter.
- Notices. All notices required by these ToS shall be in writing and shall be sent to the email address of the relevant party. Notice shall be deemed effective immediately when delivered personally or by email or on the first business day following the date of deposit, if delivered by guaranteed overnight delivery service.
- No Amendments. No amendment or modification to this Agreement shall be valid unless set forth in writing and signed by an authorized representative of each of the parties.
- Headings. Headings used herein are provided for convenience only and shall not be used to construe meaning or intent.
- Severability. If any term herein is held by a court of competent jurisdiction to be invalid or unenforceable, then these ToS, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.
ALL CLAUSES AND TERMS WITHIN THESE TERMS OF SERVICE ARE NON-NEGOTIABLE. BY ENTERING INTO A COACHING AGREEMENT WITH IC ALL CLIENTS ACCEPT THESE TERMS OF SERVICE AS FULLY BINDING AND AS SUPERSEDING ANY OTHER TERMS OF SERVICE, OR TERMS AND CONDITIONS THAT MAY EXIST.