TERMS OF BUSINESS
These are the general terms of business of KiKu Ltd:
1.1 The coach agrees to maintain the ethics and standards of behaviour established by the Global Code of Ethics https://www.globalcodeofethics.org/
1.2 The coachee acknowledges that coaching is a comprehensive process that may involve different areas of their life. The coachee is solely responsible for creating and implementing their own decisions, choices, and actions resulting from the coaching relationship. As such, the coachee 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.
1.3 The sponsor and coachee acknowledge that coaching does not involve the diagnosis or treatment of mental disorders and that coaching is not to be used as a substitute for mental health care. The coach may use their judgement to signpost service as deemed appropriate.
2. Coaching Agreement
2.1 Frequency, format, scheduling, cost and terms of the sessions will be specified in the agreement to be signed by sponsor and/or coachee and representative of KiKu Ltd.
Payment terms are 50% of agreed fees in advance and 50% on completion, unless otherwise specified.
3.1 This coaching relationship, including information that the coachee shares with the coach, is bound by the principles of confidentiality set forth in the Global Code of Ethics. However, please be aware that the coach-coachee relationship is not considered to be legally confidential (like in medicine or law) and thus communications are not protected by legally recognised privilege.
3.2 The coach agrees not to disclose any information pertaining to the coachee without the coachee’s written consent. The coach will not disclose the coachees name as a reference without the coachee’s consent.
3.3 Feedback will only be provided to the sponsor or organisation provided agreement is reached at the outset of the work and is explicit between the coach, sponsor, and coachee.
3.4 Confidential Information does not include information that: (a) was in the coach’s possession prior to its being furnished by the coacheet; (b) is generally known to the public or in the coachee’s industry; (c) is obtained by the coach from a third party, without breach of any obligation to the coachee; (d) is independently developed by the coach without use of or reference to the coachee's confidential information; or (e) the coach is required by statute, 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 coachee or others; and (g) involves illegal activity. The coachee also acknowledges his or her continuing obligation to raise any confidentiality questions or concerns with the coach in a timely manner.
3.4 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.
4. Cancellation and termination
4.1 Coachee agrees that it is their responsibility to notify the coach at least 48 hours in advance of the session. The coach reserves the right to charge the coachee/sponsor for a missed session. The coach will attempt in good faith to reschedule the missed session.
4.2 Either the coachee/ sponsor or the coach may terminate the agreement at any time with 4 weeks written notice. Sponsor/coachee agrees to compensate the coach for all coaching services rendered up to and including the effective date of termination of the coaching relationship.
4.3 Limited liability. Except as expressly provided in the agreement, the coach makes no guarantees, representations or warranties of any kind or nature. In no event shall the coach be liable to the coachee for any indirect, consequential or special damages. Notwithstanding any damages that the coachee may incur, the coach’s entire liability under the agreement shall be limited to the amount actually paid by the coachee/sponsor to the coach under the agreement for all coaching services rendered up to and including the termination date.
4.4 These terms are to be used in conjunction with the coaching agreement signed by the coachee and/or sponsor and representative of KiKu Ltd.
4.5 Dispute Resolution. If a dispute arises out of the agreement that cannot be resolved by mutual consent, the coachee and/or sponsor and coach agree to attempt to mediate in good faith for up to 30 days after notice of the dispute.
4.6 Applicable Law: The agreement shall be governed and construed in accordance with the laws of England and Wales without giving effect to any conflicts of laws provisions.