All terms and conditions apply to any appointments, relationships or activities performed by Miguel Baumann and BMN Studios or any other company; paid or unpaid.
Coaching is a project between the Coach and the Client in a thought provoking and creative process that inspires the client to maximize personal and professional potential. In many cases the coaching services will be paid for/sponsored by an Employer. This sponsorship shall in no way impact Confidentiality.
The coach named hereafter is Miguel Baumann or any coach representing BMN Studios. The client is the receiver of the services, incl. any 3rd party entity that pays or administrates the service.
1. The Client is responsible for creating, maintaining and implementing their own physical, mental and emotional well-being, decisions, actions and results in any area of the clients life. As such, the Client agrees that the Coach is not and will not be liable 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 condition.
2. The Client understands that coaching is not to be used as substitute for professional advice by legal, medical, financial, business, or other qualified professionals. The Client understands that all decisions are exclusively theirs and acknowledge that any and all decisions and actions are exclusively the Client’s responsibility.
3. The Client understands that coaching is not to be used as a substitute for professional advice from mental and/or medical or other qualified professionals and will seek independent professional guidance for such matters. If Client is currently under the care of a mental health professional, the Client will inform the mental health care provider of the coaching engagement and will let the coach know that he they also work with a mental health professional
4. Cancelation: The Client and Coach agree to provide at least one business day’s notice (24h) in cases where a session must be rescheduled. In cases where the notice period is not honored the fee paid for the unattended session will be forfeited and cannot be carried over to future sessions.
5. Confidentiality: In cases of Sponsorship, confidentiality between Client and Coach shall remain entirely unaffected and the content of coaching sessions shall not be disclosed to the Sponsor. 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 to strict confidentiality by the International Coaching Federation Code of Ethics.
6. 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. 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) that the Coach is required by law to disclose.
7. Further, information contained in the materials and as part of the method of presentation of materials constitutes valuable information of the Coach or BMN Studios, which is proprietary to the them. The Client and Sponsor agree to maintain all such information in strict confidence and only for personal and private use. The Client and Sponsor agree that during the term of this Agreement, and at all times thereafter, neither party shall disclose, communicate or use for the direct or indirect benefit of any person, firm, association or company, any information regarding the business methods, business policies, procedures, techniques, research or development projects or results, trade secrets, or other knowledge or processes used or developed by the Coach prior to or during the coaching, or any other confidential information relating to or dealing with the business operations or activities , made known, learned, or acquired by the Client or Sponsor.
8. According to the ethics of the coaching profession, topics may be anonymously and hypothetically shared with other coaching professionals for training, supervision, mentoring, evaluation, further coach professional development and/or consultation purposes.
9. Should the Client become involved in unethical situations during the course of the coaching relationship these will be discussed and reviewed in an appropriate and responsible manner. Should they not be resolved the coaching relationship may be dissolved at the discretion of the coach (e.g. illegal activity on the part of the client, conflicts of interest, or other matters of professional ethical nature).
10. Data Integrity: The Coach will protect all confidential Client data with the same degree of care that is used to protect her own information of similar nature. The Coach cannot be held responsible for disclosure of data or breach of confidential information through data hacking, theft, or other illegal activity of a third party.
11. Termination: Either the Client or the Coach may terminate this agreement at any time with two (2)
weeks written notice. The balance of any unused coaching fees will not be refunded if the client terminates the agreement. If the coach terminates the agreement, the coach will refund any unused sessions.
12. Limited Liability: Except as expressly provided in this agreement, the Coach makes no guarantees or warranties, express or implied. In no event will the Coach be liable to the Client for consequential or special damages. Not withstanding any damages that the Client may incur, the Coach’s entire liability under this agreement, and the Client’s exclusive remedy, will be limited to the amount paid by the Client
to the Coach under this agreement for all services rendered up until the termination date.
13. All payments are non refundable.
This agreement is governed by and shall be construed in accordance with Dutch law and the courts of Amsterdam shall have exclusive jurisdiction to adjudicate any dispute hereunder.
Should a dispute arises in association with 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 after notice given. If the dispute is not resolved between the Coach and Client the two parties agree to resolve the dispute through formal mediation as governed under Dutch law.
Should any individual provision within this Agreement prove to be ineffective, either in full or in part, this will not affect the validity of the remaining provisions.
