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Terms of Service

This Agreement is entered into by and between: PUSH Mind & Body Ltd and “The Client” whereby PUSH agrees to provide PUSH Coaching for the Client within The Business.

Definitions

“The Client” — The individual attending a coaching session within “The Business”.

“The Business” — The employer providing PUSH Coaching as a benefit to it’s employees (“Clients”)

“The PUSH Coach” — The Coach providing Coaching Services via PUSH.

“PUSH” — The organisation in relationship with The Business to provide the PUSH Coach and their Coaching Services.

“PUSH in Your Pocket App” — The application technology supplied via PUSH.

“PUSH Performance” — The ongoing 12-month programme of PUSH Coaching and PUSH in Your Pocket App.

Nature of the relationship

PUSH (PUSH Mind & Body Ltd) holds a relationship with The Business to provide PUSH Coaching to it’s staff.

PUSH has a team of PUSH Coaches who are self-employed contractors with PUSH who deliver PUSH Coaching within The Business.

Via PUSH’ relationship with The Business, PUSH Coaches offer coaching services to staff members (The Clients)

Description of Coaching

Coaching is a partnership (defined as an alliance, not a legal business partnership) between the Coach and the Client in a thought-provoking and creative process that inspires the client to maximize personal and professional potential. It is designed to facilitate the creation/development of personal, professional or business goals and to develop and carry out a strategy/plan for achieving those goals.

1) Coach Client Relationship

A. The PUSH Coach agrees to maintain the ethics and standards of behaviour established by the regulatory body that they adhere to. It is recommended that the Client review those specific Code of Ethics and the applicable standards of behaviour. The Client can do this by asking the PUSH Coach which regulatory body they adhere to. (This is likely to be ICF, AC, EMCC, BACP or otherwise).

B. Client is solely responsible for creating and implementing his/her own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the coaching relationship and his/her coaching sessions and interactions with the Coach. As such, the Client agrees that the Coach 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 the Coach. Client understands coaching is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease.

C. Client further acknowledges that he/she may terminate or discontinue the coaching relationship at any time and that he/she may only be able to access PUSH Coaching infrequently, that regular sessions are not guaranteed.

D. Client acknowledges that coaching is a comprehensive process that may involve different areas of his or her life, including work, finances, health, relationships, education, recreation and others. The Client agrees that deciding how to handle these issues, incorporate coaching principles into those areas and implementing choices is exclusively the Client’s responsibility.

E. Client 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 Client’s exclusive responsibility to seek such independent professional guidance as needed. If Client is currently under the care of a mental health professional, it is recommended that the Client promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by the Client and the Coach.

F. The Client understands that in order to enhance the coaching relationship, the Client agrees to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the program.

2) Services

PUSH Mind & Body Ltd,

20-22 Wenlock Rd,

London,

N1 G7U

The parties agree to engage in a Coaching relationship through in- person and telephone meetings (where possible). The Coach cannot guarantee their availability to Client by e-mail and voicemail in between scheduled sessions as defined by the Coach.

3) Schedule and Fees

PUSH Coaching is free for users who are attending PUSH Live Coaching sessions through their work.

The PUSH Live Coaching sessions shall be approximately 1 hour.

PUSH in Your Pocket App users are charged on a per-user licence basis, which is calculated monthly and billed either annually or quarterly at PUSH’s discretion.

PUSH Performance users are billed a pre-agreed monthly fee over the duration of 12 months or at the discretion of PUSH.

4) Procedure

The time of the live coaching days and available sessions will be determined by PUSH and The Business based on a mutually agreed upon time. The Client will initiate all bookings with the PUSH Coach through a PUSH representative and takes responsibility for attending the session at their chosen time.

The PUSH in Your Pocket App is available to download in two versions, as per the agreement between PUSH and the Business. They are:

  1. Standalone – Downloaded and updated via the app stores

  2. Enterprise – Downloaded and updated directly via the cloud

PUSH Performance 12-month programmes are planned a quarter in advance, and reviewed as part of the ongoing planning process for the forthcoming quarter.

5) Confidentiality

This coaching relationship, as well as all information (documented or verbal) that the Client shares with the Coach as part of this relationship, is bound by the principles of confidentiality set forth in the Coaches’ relevant Code of Ethics.

However, please be aware that the 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 recognised privilege. The Coach agrees not to disclose any information pertaining to the Client without the Client’s written consent. The Coach will not disclose the Client’s name as a reference without the Client’s consent.

The Coach agrees not to disclose any information pertaining to the Client to The Business. PUSH Coaching is not Business Coaching therefore all content shared in a PUSH Coaching session strictly falls under this agreement between Coach and Client.

The Coach will inform The Business with The Client’s consent if they have reason to believe that The Client is in danger of harming themselves or others.

Confidential Information does not include information that: (a) was in the Coach’s possession prior to its being furnished by the Client; (b) is generally known to the public or in the Client’s industry; (c) is obtained by the Coach from a third party, without breach of any obligation to the Client; (d) is independently developed by the Coach without use of or reference to the Client’s confidential information; or (e) the Coach is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to the Coach and as a result of such disclosure the Coach reasonably believes there to be an imminent or likely risk of danger or harm to the Client or others; and (g) involves illegal activity. The Client also acknowledges his or her continuing obligation to raise any confidentiality questions or concerns with the Coach in a timely manner.

6) Risk & Suicide

It is not uncommon for conversations about suicide and imminent risk and/or safety to be associated with mental health in a broader context. While the PUSH coaching space is not the best place to bring these thoughts and feelings (your GP, a suicide-prevention helpline or emergency services are the best port of call) it can happen that an individual does come to a PUSH coaching session while experiencing some degree of these thoughts or feelings. PUSH Coaches are trained to assess risk and understand what to do if suicide or situations of immediate danger emerge within a session, however PUSH is not the place to actively seek this level of support.

A. The Client acknowledges that there are certain issues people face that are too broad and complex to work on during a PUSH coaching session and other forms of support, such as therapy, counselling, or other medical support, are better suited, more thorough and more appropriate in these circumstances.

B. The Client acknowledges that there is a portion of the mental health spectrum which falls outside of the scope for which coaching is helpful or appropriate. This includes diagnosing or managing mental illness, severe mental health issues or conditions, trauma, deeply entrenched patterns seriously impacting a person’s ability to live their life well, some kind of experience or emotion that is regularly debilitating and interfering with regular functioning, or instances where an individual is taking or considering taking actions that are or could be harmful to themselves or others.

C. PUSH Coaches are not qualified to work with individuals on these types of issues and to do so in the PUSH coaching space would be unsafe for all parties.

D. PUSH welcomes all individuals to come to PUSH Coaching to be coached on a topic unrelated to the larger mental health challenge they are managing. The only examples in which this is not the case are instances where the mental health issue is so pervasive for a person that it effectively takes over their ability to be coached on another topic (e.g. are psychotic, in severe distress, or severely depressed). In this case PUSH coaching would be unsafe for the individual, coach, business and PUSH.

E. The Client acknowledges that PUSH Coaching may or may not be the right place for them to work on their wellbeing, performance and mental health, particularly if their current mental health relates to the issues named in point B. In these instances, where you may not be in immediate danger of harm, but you might be in a lot of pain and require an increased amount of care than what PUSH coaching can offer, we offer the below suggestions:

  • Contact your EAP, if your business has one.

  • Contact your GP.

  • Contact HR, if you feel comfortable.

F. If you are actively considering suicide or considering taking actions that may cause harm to yourself or others or if you feel that you or any other person may be in immediate danger or if you have a medical emergency then you must immediately contact the emergency services.

  • 999 — the main emergency services number

  • 112 — another emergency number (that works outside of the UK)

  • 101 — the non-emergency number for the police

  • 111 — the non-emergency medical number (use this for illnesses and minor injuries where life isn’t threatened, but you would like advice on what to do next or need an emergency appointment with your GP.)

7) Refusal Policy

PUSH Coaches maintain the right to refuse coaching or entry to the PUSH coaching space to individuals who they feel are a threat to their physical, psychological or emotional safety, or the safety of the individual seeking to use the space. This is determined at the Coach’s discretion.

8) Release of Information

The Coach engages in training and continuing education in order to pursue and/or maintain their relevant Coaching Credentials. That process requires the names and contact information of all Clients for possible verification of hours coached by their regulatory body. By entering into this agreement, you agree to have only your name, contact information and start and end dates of coaching shared with the staff members of the Coaches chosen regulatory body. To accredit the Coach, someone from their regulatory body may contact you.

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.

9) Cancellation & Late Policy

Client agrees that it is the Client’s responsibility to notify PUSH of cancellations or rescheduling as soon as possible in advance of the scheduled calls/meetings. This is to make PUSH Sessions as widely available as possible to other members of the team.

Client agrees that it is the Client’s responsibility to attend coaching sessions at the agreed appointment. The Client is aware that arriving to a session more than 5 minutes late could result in a loss of that session and the Coach will re-market the session to other Clients within The Business after the 5 minute time period is up.

10) Record Retention Policy

The Client acknowledges that PUSH has disclosed their record retention policy with respect to documents, information and data acquired or shared during the term of the Coach-Client relationship. Such records will be maintained by the Coach in a format of the Coach’s choice (print or digital/electronic) for a period of not less than 7 years after PUSH ceases to work with The Business.

All records made by the Coach will include the Client’s name and a very brief descriptive note that is purely content related, with no feelings or judgments attached. Notes will always be taken without any potentially compromising information. Here are some examples of how notes are taken and how notes are not taken by The Coach.

How notes are taken by the Coach

Sam talked about his marriage. Agreed he’d reflect on values for next time.

Adele talked about how she’s feeling about work and her relationship with her boss.

How notes are not taken by the Coach

Sam is still struggling to manage his insecurities in his relationship. He talked about how difficult he’s finding it to manage his jealous feelings while his partner is on work travel. He was visibly upset and hard on himself. We agreed he’d reflect on what he needs to feel safe in his relationship.

Adele is thinking of leaving her job because she can’t stand her boss.

All digital notes are password-protected and secured.

11) Termination

PUSH Live Coaching is not a commitment to a set number of sessions and The Client may book regular sessions where possible within The Business.

The Client can choose not to attend at any time.

From time to time the Coach may be removed from The Business. In the unlikely event of this happening, PUSH will give as much notice as possible to The Business and The Client.

PUSH in Your Pocket App is licenced under a 12-month agreement. Termination of this agreement before the end of this term is solely at the discretion of PUSH.

PUSH Performance is a 12-month agreement. Termination of this agreement before the end of this term is solely at the discretion of PUSH.

12) Limited Liability

Except as expressly provided in this Agreement, the Coach 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 the Coach be liable to the Client for any indirect, consequential or special damages. Notwithstanding any damages that the Client may incur, the Coach’s entire liability under this Agreement, and the Client’s exclusive remedy, shall be limited to the amount actually paid by the Client to the Coach under this Agreement for all coaching services rendered through and including the termination date.

13) Entire Agreement

This document reflects the entire agreement between the Coach 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 be amended, altered or supplemented. Any changes will be made and acknowledge in writing from PUSH to The Client and The Business.

14) Dispute Resolution

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 (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 solicitors fees and court costs from the other party.

15) Severability

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 the Court finds that any provision

16) Waiver

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.

17) Applicable Law

This Agreement shall be governed and construed in accordance with the laws of the England and Wales without giving effect to any conflicts of laws provisions.

18) Binding Effect

This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns.

 

By signing up to a PUSH Session within The Business you are hereto entering into this agreement between Coach and Client.

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