Agreement/Terms of Service
Last updated: 8/20/18
Please read these Terms of Service carefully and confirm that you have read and agreed with each statement below and that you wish to proceed before booking any services of The Total Makeover Company, LLC (TTMC) or Kenya Johnson, Life Coach (Coach Kenya).
All coaching services and communication, email or otherwise, delivered by Kenya Johnson, as well as information on the TTMC website (www.thetotalmakeover.com) are meant to help identify the areas in your life both spiritually and naturally that keep you from moving forward. The coaching process is not a substitute for professional mental health care or medical care.
The term ‘coaching’ covers life coaching, personal coaching and spiritual life coaching for clients.
As TTMC/Coach Kenya is continually striving to ensure the standard of services provided to each client remains of excellence. At the end of the coaching process, both group or private coaching, the client will be asked to complete a feedback form or provide a testimonial.
TTMC/Coach Kenya is honored to be in the position of working with you as your personal or spiritual Life Coach. While working together, it is important that an open and cooperative working relationship that will help you to clearly define and achieve your personal goals be established. As a Coach, TTMC/Coach Kenya will be your advocate and supporter as you make your way to developing what you wish to create in your life.
THE ROLE OF THE COACH AND CLIENT
The role of both the coach and the client, are that of peers. As a trained professional, TTMC/Coach Kenya is not licensed as a therapist and do not attempt to provide diagnosis or treatment of any kind. TTMC/Coach Kenya will help you to decide the best way to help you achieve what you want to achieve, while providing you with honest Coaching opinions; however, this coaching relationship is always based on your agenda, not TTMC/Coach Kenya’s. TTMC/Coach Kenya will listen, reflect, ask questions, provide prospective and opinions. TTMC/Coach Kenya will support you to find and foster your own integrity and believe that you always know what is best for you.
As TTMC/Coach Kenya’s client, you are asked to show up fully prepared and present for each coaching session, pay attention to what has heart and meaning for you. TTMC/Coach Kenya fully expects that you will always speak the truth and without blame or judgment be open to the outcome rather than attached to outcome. TTMC/Coach Kenya will do the same. TTMC/Coach Kenya expects your best. If you are hiring TTMC/Coach Kenya, it is clear that you are ready to make meaningful changes in yourself and your life. This working relationship is a top priority for TTMC/Coach Kenya and ask that you use TTMC/Coach Kenya as a resource.
I understand that the coaching services I will be receiving from TTMC/Coach Kenya 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 TTMC/Coach Kenya is not acting as a mental health counselor or a medical professional.
For legal purposes, I understand that coaching is currently an unregulated industry and that TTMC/Coach Kenya is not licensed but is a certified life coach.
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 counseling, 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 TTMC/Coach Kenya are solely for the purpose of aiding me in achieving the defined goals I create with TTMC/Coach Kenya. I have the ability to give my informed consent, and hereby gives such consent to TTMC/Coach Kenya to assist me in achieving such goals and understand that results are not guaranteed.
I understand that the extent of our work together involves personal and spiritual development, TTMC/Coach Kenya is not promising outcomes included but not limited to balance in my natural and spiritual life.
I understand that TTMC/Coach Kenya 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 TTMC/Coach Kenya 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 TTMC/Coach Kenya and any representatives from 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 TTMC/Coach Kenya as a result of the advice given by TTMC/Coach Kenya 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 TTMC/Coach Kenya and the client and can be booked up to 3 months in advance. TTMC/Coach Kenya will recommend the frequency of coaching sessions based on a professional assessment of the client’s requirements. This recommendation, or plan, is not binding and may be altered and adjusted throughout the coaching process by mutual agreement, 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 TTMC/Coach Kenya and the client and confirmed by TTMC/Coach Kenya by email or written correspondence. Where no specific number is agreed sessions will be provided on a session by session basis.
In return for the fees payable by the client (or by a third party on their behalf), TTMC/Coach Kenya 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 services 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 paid coaching session takes place 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 TTMC/Coaching Kenya to discuss any concerns and see if they can be resolved before the first paid coaching session. Participation by any individual in the first paid coaching session constitutes acceptance of these terms and conditions.
SESSION FORMATS & PROCEDURES
Face to Face (venue by mutual agreement), Via Skype (Client calls Coach – kenya.johnson7399); telephone coaching sessions (client calls coach – (989) 414-2140); or another format where such is agreed. Unless otherwise agreed, for Skype and telephone sessions the client is responsible for telephoning TTMC/Coach Kenya at agreed times. TTMC/Coach Kenya is responsible for ensuring that she is available for consultation at agreed times.
The length of each session is as agreed between TTMC/Coach Kenya and the client before coaching sessions commence.
In accordance with TTMC/Coach Kenya’s current per session fee, set of sessions, group session fees, or any other such fee as shall be agreed and notified to the client. TTMC/Coach Kenya will confirm the fees in writing, usually by email. The number of sessions for which payment is required in advance will be agreed before coaching sessions commence.
TTMC/Coach Kenya 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 excerpt where TTMC/Coach Kenya notifies the client in writing by letter or email of change to the fee or to any other terms or condition in accordance with the section in these terms and conditions headed “Variation of Terms and Conditions.”
DATES AND TIMES OF SESSIONS
The date and time of the first session and any subsequent session will be agreed between TTMC/Coach Kenya and the client by phone or email and confirmed by TTMC/Coach Kenya by email.
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 PayPal, Square or Cash App. Where receipts are requested by the client, they will be sent by email unless otherwise requested.
Fees are payable in advance of each coaching session unless otherwise agreed. Where payment has not been received by TTMC/Coach Kenya in advance of a coaching session TTMC/Coach Kenya is not obligated to provide the session.
Where payment is required on receipt of invoice rather than in advance, a charge may be imposed for late
TTMC/Coach Kenya may assign the client tasks or exercises to complete between coaching sessions. There is no obligation on the client to complete these exercises, but not doing so may slow the client’s progress in gaining improved quality of life or achieving desired business or personal outcomes.
The client may contact TTMC/Coach Kenya by phone or email between session 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 to make a payment). Additional coaching can also be provided between sessions, but there will be an additional charge for this. TTMC/Coach Kenya will always advise a client in advance if the nature of a client’s contact is likely to incur an additional and no such charges will be imposed without the client’s agreement.
Please give this work ‘high priority’ and arrange your schedule to accommodate the dates and times that have been agreed upon. If a client needs to rearrange a coaching session, they should provide at least 48-hour notice. Always let TTMC/Coach Kenya know as soon as possible regarding any changes that must be accommodated. TTMC/Coach Kenya will not reschedule no call or no-show appointments. No refunds will be given to clients for unused coaching session unless 48-hour notice has been given. In exceptional circumstances TTMC/Coach Kenya may need to rearrange a coaching session. In those instances, TTMC/Coach Kenya will also give the client 48-hour notice where practical.
Where a client pays for a session or sessions in advance the must have the coaching session(s) that they have paid for within 6 moths of the payment or their fee is forfeited.
Personal information or business information supplied by clients in coaching session 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, TTMC/Coach Kenya 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 TTMC/Coach Kenya, where feasible and will be refunded any advance payments made for coaching session not yet provided.
TTMC/Coach Kenya will see to enable the client to improve their quality of life or level of personal and spiritual 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 making important decisions in their natural and spiritual life. TTMC/Coach Kenya has not liability for any loss incurred by any client, where 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 personal or natural life or to achieve their desired outcomes or goals.
TTMC/Coach Kenya asks clients to stretch themselves, deepen the work done in the session through writing, taking action, resolving relationships or anything that requires completion so that you can move ahead with certainty. Your choice is always that you may accept or decline these requests. You must negotiate what is right for you – however, please do so with careful thought. Please come prepared to create something you want for yourself.
Please feel free to share your stories, your wins and disappointments. As we proceed, TTMC/Coach Kenya ask that you speak openly regarding your coaching experience. TTMC/Coach Kenya needs to know what works for you and what does not. TTMC/Coach Kenya is committed to serving your needs through this process. If Coach Kenya hears something in your voice or notice something that may be amiss, Coach Kenya will likely ask you about it. Often, it is the small moments that bring about the biggest shifts for you.
VARIATON 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 TTMC/Coach Kenya and the client and confirmed by TTMC/Coach Kenya in writing by email or letter. In other cases, TTMC/Coach Kenya may change any of the terms or conditions including the Per Session Fee by giving the client one week’s notice in writing by email or letter of the change(s). If following receipt of such notification of change, the client not 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 session not yet provided. Such notice will be effective on receipt by TTMC/Coach Kenya.
This contract/agreement is governed by the US Law, whose courts have exclusive jurisdiction in relation to any dispute, disagreement, proceeding or legal claim of any nature relating to the services provided or the contract.
Feedback about the service is welcomed and can be given during a coaching session or by emailing TTMC/Coach Kenya ([email protected]).