Last Modified July 2024

Wayne I.L. Aspeling / Transformational Meta Coaching (FZE) (“company”, “us”, “we”, “our”, or “I” or “Coach“) operates the www.transformationalmetacoaching.com website (hereinafter referred to as the “Website”). The term “you” or “Client” refers to anyone who utilises the coaching, mentoring or training services of Wayne I.L. Aspeling, Transformational Meta Coaching uses, visits, and views the website.

These terms & conditions go hand-in-hand and form part of your Coaching Contract. Please ensure you read them thoroughly and comprehensively understand the nature and scope of our coaching relationship.

By accessing or using www.transformationalmetacoaching.com (hereinafter the “Website”), you accept and agree to be bound by these Terms of Use (hereinafter “Terms”) as well as our Privacy Policy and Disclaimer published on the website and included herein for reference.  If you disagree with any part of the terms, do not continue to use the Website.

 

DISCLAIMER

Coaching takes place through a strategic relationship – Client & Coach – in which, through a thought-provoking and creative process, the Client may be inspired to maximise personal and professional potential. It is designed to facilitate the identification of the wants and desires of the Client regarding their personal, professional or business goals and then establish these through the creation/development of specific goals. The Client will be assisted in designing and developing their strategy and plan to achieve these goals, which the Client will then be responsible for executing and carrying out. 

Your acknowledgment and acceptance of our Disclaimer are explicitly incorporated into our Terms & Conditions.  Please review our full Coaching Disclaimer for detailed information here.

 

PRIVACY POLICY

We take great care in respecting your privacy and personal information.  Your use of the Website automatically translates to your acceptance of our Privacy Policy and is therefore explicitly incorporated into our Terms & Conditions.  Please review our full Privacy Policy for detailed information here.

 

COACH-CLIENT RELATIONSHIP

1. The relationship between Coachand Client is that of principal and independent contractor. The Coaching Contract does not make either party a joint venture, partner, employee or agent of the other.
2. The Coach agrees to maintain the ethics and best practice standards of the generally accepted industry practice and standards.
3. The Client is solely responsible for creating and implementing his/her physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the coaching relationship and his/her coaching calls 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 inactions or any direct or indirect result of any coaching provided by the Coach. The Client understands coaching is not therapy, does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease.
4. The Client acknowledges that he/she may terminate or discontinue the coaching relationship at any time.
5. The Client acknowledges that coaching is a comprehensive process that may involve different areas of his or her life, including work, finances, health, relationships, education and recreation. The Client agrees that deciding how to handle these issues, incorporating coaching principles into those areas and implementing choices is exclusively the responsibility of the Client.
6. The Client acknowledges that coaching does not involve the diagnosis or treatment of mental disorders and that coaching is not to be used as a substitute for counseling, substance abuse treatment, psychoanalysis, psychotherapy, mental health care, or other professional advice from qualified medical professionals. It is the Client’s responsibility to seek independent professional guidance as needed. Where the Client is currently in the care and under-treatment of a mental health professional, the Client must promptly inform the mental health professional of the coaching relationship agreed upon by the Client and the Coach.
7. The Client understands that to enhance the coaching relationship, he/she agrees to be present, complete the homework required between sessions, invest time and energy to participate fully in the program and be honest and open to feedback and assistance. Where possible, the Client should ensure that there is as little background noise/distraction so they can get the most from each coaching call and be heard easily by the Coach.
8. The Client should expect that they will have weekly commitments, reflective exercises or tools to incorporate into their lifestyle and have set aside the necessary time to fully commit to the process, not merely the time for the call each week. To facilitate this process, the Client understands and accepts that at the end of each call, they may be asked, “what are you committed to this week?” and will be expected to commit to a specific action of their choosing.
9. Results of the services vary from person to person. For this reason, performance, progress and success rely on the Client meeting their commitments. The Coach cannot and does not guarantee any particular results, and the Client is solely responsible for their progress. If any time during the services, the Client feels their progress is not as expected, it is the responsibility of the Client to advise the Coach immediately of any concerns to allow the Coach to address and assist. The Coach will use any and all reasonable efforts to solve these concerns. Nonetheless, the Coach does not guarantee or warrant any increase, altered progress, or performance.

SERVICES

The parties agree to engage in the Coaching Program agreed upon in the Coaching Contract. Calls will typically be over Zoom unless otherwise specified.

The Coach will be available to the Client by Email, WhatsApp, and Facebook Messenger. The Coach expects to receive updates from the Client before the next meeting, as set out in each coaching session, to ensure accountability for action or inaction by the Client.

Unless otherwise negotiated with the Coach of the Coaching Contract, the Coach is not available to review documents, read or write reports, or engage in other client-related services outside of coaching hours.

 

PAYMENT AND FEES

This Coaching Contract is valid as of the Effective Date stated in the Coaching Contract. The fees are stated in the Coaching Contract and payable in advance unless otherwise agreed upon. In the case where the Client has been permitted to make payment by instalments, the Client is responsible for completing all payments, irrespective of whether or not you decide to complete the program you have invested in and whether or not you have achieved the level of results expected. The calls will be via Zoom, unless otherwise organised, for the time agreed upon in the Coaching Contract.

 

REFUND POLICY

Refunds are not available for coaching services, as the Client is required to show up to their highest level for success. Part of the Client’s commitment is that you are fully invested in the coaching process to get the Client outcomes identified as meaningful. It would be best if the Client were 100% committed to this process in every way.

The Coach will consider postponing sessions or part of the coaching package should the Client suffer a family emergency (critical injury or death of a significant other/child). The postponement is at the sole discretion of the Coach and is not a decision taken lightly. Life-changing decisions made during the coaching process are not grounds on which the Coach will consider postponing the coaching sessions to future dates.

Should I, The Coach, have a family emergency, the Client will have the option of either:

1. Rescheduling the remaining coaching sessions; or
2. Pro-rated refund of the fees based on the number of coaching sessions the Client has received to date.

ZOOM CALLS, SCHEDULING AND APPOINTMENTS

The Client agrees to use set up appointments for each month at the latest within the first week of the month through the Calendar available at https://transformationalmetacoaching.com.

Rescheduling: Change, as available on my schedule, will be allowed 72 hours before any appointment. Please use the appointment rescheduling tools on the website to make these changes. However, changes less than 72 hours and more than 24 hours before any appointment should be confirmed with the Coach by Email, WhatsApp, or Facebook Messenger, as the Coach may need to reschedule personally allotted time for administrative work. If you cancel with less than 24 hours’ notice or are a no-show for the session, your coaching session is forfeited.

Zoom calls: The Zoom meeting details which will be used for all calls between the Client and Coach will be shared by the Coach. The coaching call is an exclusive meeting room number for these coaching sessions with the Client. The Coach will be available at the appointed time each week in the Zoom room.

Phone calls: If the Client chooses to call the Coach by phone, the Client will initiate all scheduled calls and call the Coach at the mobile number provided. If the Coach is at any other number for a scheduled call, the Client will be notified by email and one form of instant messaging (WhatsApp or FB Messenger) before the scheduled appointment time.

Late arrival: Any delay or late attendance to any scheduled sessions by the Client will finish at the nominated and agreed original time. Sessions will finish on time at the originally scheduled time unless otherwise agreed by the Client and Coach.

 

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 and laws applicable to the Coach and Client. However, please be aware that the Coach-Client relationship is not considered a legally privileged relationship (unlike the legal profession or medical profession). As such, communications are not subject to the protection of any legally recognised privilege. The Coach agrees not to disclose any information about 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.

Confidential information does not include information that:

1. Was in the Coach’s possession before being furnished by the Client.
2. Is generally known to the public or to the Client.
3. The Coach obtains from a third party without breach of any obligation to the Client.
4. The Coach independently develops without the use of or reference to the Client’s confidential information.
5. The Coach is required to disclose by statute, lawfully issued subpoena, or by court order.
6. 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.
7. Is information that involves illegal activity.

The Client also acknowledges their continuing obligation to raise confidentiality questions or concerns with the Coach promptly.

The Client acknowledges and accepts that according to the ethics of our profession, topics may be anonymously and hypothetically shared with other coaching professionals for training, supervision, mentoring, evaluation, and professional coach development and consultation purposes, with no reference being made to the personal description, name or identifying details of the Client.

Furthermore, the Client acknowledges and accepts that they will keep the Coach’s privacy, information and program documentation private and confidential. Any information and documentation disclosed by the Coach to the Client is confidential, proprietary, and belongs exclusively to the Coach. The Coach’s program is copyrighted, and original materials provided to the Client are for the Client’s individual use only and a single-user license. The Client is not authorised to use any of the Coach’s intellectual property for the Client’s business purposes. All intellectual property, including the Coach’s program or materials, shall remain the sole property of the Coach. These Terms & Conditions and the Coaching Contract gives no license to the Client to sell or distribute the Coach’s material in any way.

In a dispute, both parties agree to strict confidentiality and to protect the reputation of both the Client and Coach. As such, no communications or discussions will be made public. The communication includes, but is not limited to, social media, websites or another party. Any public discussion or comments about either party are considered defamatory, harmful or otherwise damaging and will be subject to compensation in any mediation or litigation claim.

 

RECORD RETENTION

The Client acknowledges that the Coach may make written notes during the coaching session and additionally will send the Client emails or messages via online mediums. The Coach may or may not delete or retain these messages in electronic format and keep the notes in the Client’s file until the relationship has terminated.

The Client furthermore understands that the financial transaction records will be kept in accordance with the tax and income reporting rules applicable to the Coach for accounting purposes. The Coach will maintain such records in a format of the Coach’s choice (print or digital/electronic) for the time period deemed appropriate by the Coach’s accountant or tax advisers.

 

TERMINATION

Note that the Coaching Contract will automatically terminate upon completion, notwithstanding that the Confidentiality and duty of non-Disclosure mentioned in these Terms & Conditions shall survive and continue in force and effect for the period of time allowed by applicable law.

The Client or the Coach may terminate the Coaching Contract at any time with two weeks’ notice (by email confirmed with Messenger/WhatsApp).

The Client agrees, in the event of termination of the Coaching Contract, that the Coaching Fees are non-refundable as already outlined in these Terms & Conditions and as mentioned in the Coaching Contract.

In the event of termination without cause by the Coach, the Coach shall refund the Client the pro-rated basis of fees, according to the coaching sessions remaining under the Coaching Contract.

However, the Coaching Contract may be terminated with cause by the Coach, at their sole discretion, should the Client become disruptive to the Coach, fail to follow the guidelines provided by the Coach, be challenging to work with, consistently fail to complete the agreed-upon work between coaching sessions, or the Coach believe that the working relationship has broken down, including a loss of confidence and trust, which has the effect of compromising the Coach’s ability to perform the services under the Coaching Contract.

 

LIMITED LIABILITY & INDEMNIFICATION

Except as expressly provided in these Terms & Conditions, the Coach makes no guarantees, representations or warranties of any kind or nature, express or implied, concerning 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 these Terms & Conditions, the Coaching Contract and the Client’s exclusive remedy shall be limited to the amount paid by the Client to the Coach under the respective Coaching Contract for all coaching services rendered through and including the termination date.

The Coach is not an employee, agent, manager, doctor, therapist, public relations or business manager, financial analyst or adviser, psychotherapist, or accountant. The Coaching Contract and the Client-Coach relationship shall in no way be construed to be for legal services or advice of any nature or kind.

Therefore, the Client understands that the Coach has not promised, shall not provide and will not:

1. Procure or attempt to procure employment, business or sales for the Client;
2. Advise or perform any business management functions, including, but not limited to, tax or investment consulting or advice of any nature to it;
3. Act as a therapist, providing psychological counselling or behavioural therapy;
4. Act as a public relations manager of any kind;
5. Act as a publicist in any way;
6. Introduce the Client to the Coach’s network of contacts or partners.

The Client fully understands that a relationship and/or partnership does not exist between the parties upon the conclusion of the Coaching Contract and that in no shape or form does the Coaching Contract create any type of partnership or agreement between the parties other than what is specifically covered therein and additionally covered in the Coaching Contract.

Furthermore, some of the services covered in the coaching may involve health or other personal management discussions. These services and information should not replace discussions with qualified healthcare or other relevant professional(s). They should not be used to diagnose or replace any professional treatment and/or management of any condition. Any decision about the Client’s treatment and management of any condition should be made with the relevant healthcare professional. The Client agrees and acknowledges that any reliance on any information, discussion or recommendation is made at their own risk.

The Client is responsible for their physical health and emotional well-being.

By engaging the Coach, the Client agrees that they are responsible for all outcomes and achievements by participating in the Services. The Coach cannot guarantee nor be responsible for any results, no matter how incurred.

 

TERMS & CONDITIONS AND THE COACHING CONTRACT – FROM A SINGLE DOCUMENT

These Terms & Conditions shall be construed as forming an integral part of the Coaching Contract between the Coach and the Client, reflecting the complete understanding concerning the subject matter by both parties. The Coaching Contract, read together with these Terms & Conditions, supersedes all previous written and oral representations. The Coaching Contract may not be altered, amended, or supplemented without the explicit permission received in writing and signed by both the Coach and the Client.

 

DISPUTE RESOLUTION

If, at first, a dispute arises out of the Coaching Contract that cannot be resolved amicably, the Client and Coach agree to mediation and in good faith for up to 30 days after the notice is given. If the dispute is not resolved, and in the event of legal action, the prevailing party shall be entitled to recover attorney’s fees and court costs from the other party.

 

SEVERABILITY

Suppose any provision of the Coaching Contract and these Terms & Conditions shall be held to be invalid or unenforceable for any reason. In that case, the remaining provisions shall remain valid and enforceable. Suppose the Court finds that any provision of the Coaching Contract and these Terms & Conditions is invalid or unenforceable but that limiting such provision would become valid and enforceable. In that case, such provision shall be deemed to be written, construed, and enforced as so limited.

 

WAIVER

The failure of either party to enforce any provision of the Coaching Contract and these Terms & Conditions 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 the Coaching Contract and these Terms & Conditions.

 

APPLICABLE LAW

The Coaching Contract and these Terms & Conditions shall be governed and construed following the laws of the United Arab Emirates without giving effect to any Conflicts of Laws provisions.

 

BINDING EFFECT

The Coaching Contract and these Terms & Conditions shall be binding upon both parties, their respective successors, and permitted assigns.

 

CONTACT

For any questions or comments, please contact us at info@transformationalmetacoaching.com