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Professional 10 week Academic and EF Coaching Contract
Legal Doc - 10 week Academic and EF Coaching Contract
Agreements
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This Coaching Agreement is made between Solutions Parenting Support, PLLC (“Solutions”) and the responsible party (“the Client”) listed below as well as the minor child or young adult child (“the Student”) of the responsible party The Effective Date of this Agreement will be the date the Client signs this Agreement and the Client pays the non-refundable coaching and consulting fee. The Agreement will be in effect for a period of 12 weeks, after which time, the Agreement is terminated unless the Parties Agree to extend the Agreement. For the purposes of additional clarity, the 12 weeks will start on the date of your initial session and will terminate after 12 weeks unless otherwise lengthened by intentional breaks in the coaching weeks as designed and agreed upon by you and your Academic Coach. Upon completion of this contract, additional required forms and payment of invoice by the Client authorizes Solutions to start the collaboration process with outside sources such as program therapists, outpatient therapists, educational consultants and continue this collaboration throughout the period of the Agreement. The Client agrees to provide the needed releases to facilitate such collaborations.
Description of Services
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Solutions will provide academic coaching and consulting services to the Student. Academic and Executive Functioning coaching is an alliance between Solutions and the Student designed to increase the students understanding of academic and executive functioning challenges while providing tools surrounding but not limited to, concrete time management tools, strategies for memory improvement and managing test anxiety and test preparation as well as additional support through the week agreed upon by academic coach and student. The Client understands that the benefit of the coaching relationship can be enhanced by and dependent on the Student’s ability and willingness to communicate timely and honestly, to be open to feedback and assistance, and to create the time and energy to participate fully in the program. The Client and the Student are responsible for executing the academic and EF strategies, plans, techniques, and methods discussed with the academic coach. Solutions will provide coaching and consulting service to the Student. Coaching is an alliance between Solutions and the Student designed to be a thought-provoking and creative process to assist the Student to maximize executive functioning (EF) and personal potentials and to create EF and academic goals as well as strategies, plans, techniques, and methodologies for the Student to use to achieve those goals. The Client understands that the benefit of the coaching relationship can be enhanced by and dependent on the Student’s ability and willingness to communicate timely and honestly, to be open to feedback and assistance, and to create the time and energy to participate fully in the program. The Client and the Student are responsible for executing the academic and EF strategies, plans, techniques, and methods discussed with the academic coach. Beginning on the effective date of this agreement, Solutions will provide weekly services that will be made available to the student through telephone/conference calls, video conferencing, emailing and texting. Solutions will provide Executive Functioning and Academic Coaching services in the form of 10 academic coaching sessions within a 12 week period to the Student and 3 parent coaching sessions to assist parents in the integration and implementation of the Academic Coaching goals and strategies. The Client and Student are responsible for scheduling the weekly coaching sessions using the on-line scheduling process made available by the academic coach. Additionally, Solutions can provide strategic support around challenging situations related to daily communication and academics. Solutions does not provide therapeutic support and the client is responsible for providing the support they or the Student needs in crisis through a local individual or family therapist. The Student is solely responsible for following through with academic and EF strategies and for facilitating their own physical, mental and emotional well-being. The Student is further solely responsible for their decisions, choices, actions and results arising out of or resulting from the coaching relationship and his/her coaching calls and interactions with Solutions. As such, the Client agrees that the Solutions 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 Solutions. Client understands academic coaching is not therapy and does not substitute for therapy and does not prevent, cure, or treat any mental disorder or medical disease. Client acknowledges that academic and EF 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 counseling, 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 and the Student’s responsibility to seek such independent professional guidance as needed. If the Student is currently under the care of a mental health professional, it is recommended that the Client or Student promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by the Client and Solutions.
Representations
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Solutions represents that all services shall be performed in a professional manner and shall conform to coaching standards of practice. Solutions agrees that if the services are determined to be not satisfactorily performed, Solutions shall re-perform or replace unsatisfactory services at no additional expense to the Client.
Non Refundable Fee
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The Client shall be responsible to pay to the Solutions a non-refundable academic and executive functioning coaching agreement fee for Services in the amount of $3500.00. The Fee shall be payable in advance and due and payable upon the signing of this Agreement.
Confidentiality
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Please be aware that the academic and EF 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 recognized privilege. Even so, Solutions Parenting Support, PLLC recognizes the importance of protecting your sensitive and Confidential Information and will take reasonable and professional measures to preserve the Confidential Information related to the Client. Solutions will disclose such Confidential Information only as required to fulfill the requirements of this Agreement or comply with the law. Solutions will make disclosures of Confidential Information only to those entities or individuals who have a need to know the information to be disclosed unless otherwise mandated to do so by law. “Confidential Information” includes personal or confidential medical information regarding the Student as well as the identities of the Student. Confidential Information does not include information that: (a) was in Solutions’ possession prior to its being furnished by the Client or the Student; (b) is generally known to the public or in the Client’s industry; (c) is obtained by Solutions from a third party, without breach of any obligation to the Client or the Student; (d) is independently developed by Solutions without use of or reference to the Student’s Confidential Information; or (e) Solutions is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to Solutions and as a result of such disclosure Solutions reasonably believes there to be an imminent or likely risk of danger or harm to the Student or others; and (g) involves illegal activity. The Client on behalf of the Student also acknowledges his or her continuing obligation to raise any confidentiality questions or concerns with Solutions in a timely manner. Client authorizes Solutions, its employees and Independent Contractors to electronically send Confidential Information and/or any correspondence regarding the Services or related topics to Client or Student or to others via email, phone, text or other electronic address.
Payment of Taxes and other Expenses
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Solutions is an independent contractor and shall be fully responsible for the way it performs the services described in this Agreement. Nothing in this Agreement shall be construed as creating an employment, agency or partner relationship between the Client and Solutions.
Termination
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Client may terminate this Agreement at any time, however, in such an event, Solutions will not be required to refund to the Client any portion of the non-refundable academic and executive functioning coaching agreement fee.
Limited Liability
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Solutions makes no guarantees, representations or warranties of any kind or nature, expressed or implied with respect to the coaching services negotiated, agreed upon and rendered. In no event shall Solutions be liable to the Client or the Student for any indirect, consequential or special damages. Notwithstanding any damages that the Client or Student may incur, Solutions entire liability under this Agreement, and the Client and Students’s exclusive remedy, shall be limited to the amount actually paid by the Client to Solutions under this Agreement for all coaching services rendered through and including the termination date.
Entire Agreement
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This document reflects the entire agreement between Solutions 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 Solutions and the Client.
Dispute Resolution
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If a dispute arises out of this Agreement that cannot be resolved by mutual consent, the Client and Coach agree to attempt to mediate in good faith for up to 30 days. If the dispute is not so resolved, the Parties agree to submit any dispute to binding arbitration in accordance with rules promulgated by the American Arbitration Association. Any arbitration award is subject to the limited liability provisions in this Agreement. Each Party will bear its own costs of mediation or arbitration.
Severability
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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 a court, mediator, or arbitrator 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.
Waiver
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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.
Applicable Law and Venue
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This Agreement shall be governed and construed in accordance with the laws of the State of Colorado, without giving effect to any conflicts of laws provisions. The sole and exclusive venue for all dispute resolution relative to the formation, interpretation and performance of this Agreement shall be in the County of Routt and located in the State of Colorado.
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