TERMS & CONDITIONS

 

The terms and conditions below apply to all coaching and mentoring services provided by Awakening KM (“the coach”), any individual or organization (“the client”). The term ‘coaching’ here covers life coaching, abundance mindset & manifestation coaching for clients. From time to time, it may also extend to executive and business coaching for clients. 

In the spirit of good practice, when purchasing coaching services from Awakening KM, we ask you to confirm that you have read and agreed to each statement below and wish to proceed.

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All coaching services and communication, email or otherwise, delivered by Awakening KM and information on this website (awakeningkm.com) are meant to help you live by identifying where growth is desired, setting goals, discovering answers, and finding solutions. You will reach your goals and live a fulfilling life. 

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Coaching is not a substitute for professional mental health care or medical care.

Awakening KM continually strives to ensure that the services provided to its clients remain excellent. The client will be asked to complete a feedback form at the end of the coaching process or series of coaching sessions.

The coaching schedule will be arranged between the Coach and the client and can be booked up to 3 months in advance. Awakening KM will recommend the frequency of coaching sessions based on a professional assessment of the client’s requirements. This recommendation, or plan, is not binding and may be altered and adjusted throughout the coaching journey by mutual agreement in accordance with the terms set out in this agreement.

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Where no specific number is agreed upon, sessions will be provided on a session-by-session basis.

In exchange for the fees payable by the client (or by a third party on their behalf), Awakening KM agrees to provide the service described below and per the terms and conditions set out below. The client agrees to pay fees for the service on the terms and conditions set out below (in situations where a third party pays the fees, the third party counts as an agent acting on behalf of the client).

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Clients who are unhappy with any of the terms and conditions can contact Awakening KM to discuss any concerns and see if they can be resolved before the first coaching session. Signing an Agreement with Awakening KM or participation by any individual in the first coaching session, whichever occurs first, constitutes acceptance of these terms and conditions.

Responsibility.

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Your Coach will do everything possible to support you in achieving your own results and desired outcomes. To this end, your Coach will work with you to identify solutions and offer suggestions, options, and advice based on their own personal experience, training, and the appropriate information. However, you possess sole responsibility for the following: 

• • You are responsible for the cause of all change in your life.

  • You accept full responsibility for all decisions and courses of action.

  • By signing a Coaching Agreement and agreeing to these Terms and Conditions, you, as Client, agree and acknowledge that the Coach is not a licensed investment advisor, real estate agent, accountant, finance, health, or legal professional.

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Coaching Disclaimer

In committing to life coaching with Awakening KM, you acknowledge the following:

• You understand that the coaching services you will receive from your Coach are not offered as a substitute for professional mental health care or medical care and are not intended to diagnose, treat or cure any mental health or medical conditions. You also understand that your Coach is not acting as a mental health counselor or a medical professional.

• For legal purposes, you understand that coaching is currently an unregulated industry and that your Coach is not “licensed” by any regulatory authority, whether in the United States or abroad, regardless of where the sessions may take place in England or elsewhere in English, American Sign Language, or another sign language.

• You understand and agree that you are fully responsible for your well-being during your coaching sessions and, subsequently, your choices and decisions.

• You understand that coaching is not a substitute for counseling, psychotherapy, psychoanalysis, mental health care or substance abuse treatment, and you will not use it in place of any form of therapy.

• You understand that all comments and ideas offered by your Coach are solely to aid you in achieving the defined goals you create with your Coach. You can give your informed consent and hereby give such consent to your coach to assist you in achieving such goals and understand that results are not guaranteed.

• You understand that to the extent our work together involves personal development, career, or business, your Coach is not promising outcomes including but not limited to trauma recovery, personal introspection, increased personal happiness, career progression, profitability, and/or business success.

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Data Protection

You understand that your Coach will protect your information as confidential unless you state otherwise in writing or unless disclosure is otherwise required by law. For example, your Coach may be obligated to report or take action regarding reports of child abuse, elder abuse, neglect, or threats to harm yourself or someone else. In that case, you understand that necessary actions may be taken, and your confidentiality agreement may be limited in this capacity. Furthermore, if your Coach is ordered by a court to provide information or to testify, your Coach will do so to the extent the law requires.

 

Data Security

You understand that the use of technology is not always secure, and you accept the risks of confidentiality in the use of email, text, phone, WhatsApp, Zoom, Skype, and any other technology.

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Waiver

You hereby release, waive, acquit, and forever discharge your Coach, any agents, successors, assigns, personal representatives, executors, heirs, and employees from every claim, suit action, demand, or right to compensation for damages you may claim to have or that you may have arising out of acts or omissions by yourself or by your Coach as a result of the advice given by your Coach or otherwise resulting from the coaching relationship contemplated by this agreement.

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You further declare and represent that no promise, inducement, or agreement not expressed in this agreement has been made to you to sign this agreement. This agreement shall bind your heirs, executors, personal representatives, successors, assigns, and agents.

 

Format of Sessions

Sessions will take place via videoconference, such as Zoom, WhatsApp, Skype, Videophone, or any other suitable technology. In all cases, the client is responsible for calling the coach as scheduled. The coach is open to other formats by mutual agreement. Awakening KM is responsible for ensuring they are available for consultation at agreed times.
The client sets the length of each session on the appointment booking platform and pays for it accordingly at the time of booking. Sessions may be overrun by mutual agreement and paid for retrospectively, but only if the Coach has no commitments immediately following the session.

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Dates and Times of Sessions

The date and time of the first and subsequent sessions will be registered online and maintained on the website. Awakening KM agrees to maintain its availability to match that presented by the website and to honor the sessions booked through the online bookings platform.

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Sessions can only be rearranged in accordance with the section in these terms and conditions headed “Rearranging Sessions.”

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Payment Terms

Fees can be paid online by debit or credit card or by Venmo or Zelle.  Awakening KM will provide details on how to pay online. 

Receipts and/or invoices are available, and where the client requests receipts, they will be sent by e-mail.

Fees are payable in advance of each month of coaching sessions unless otherwise agreed (Coaching may allow for payment on receipt of invoice). Where Awakening KM has not received payment in advance of a coaching session, Awakening KM is not obliged to provide the session.

Where payment is required on receipt of the invoice rather than in advance, Awakening KM reserves the right to charge interest or a late fee for late payment to the extent allowable by law.

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Between Sessions

Awakening KM may assign the client tasks or exercises to complete between coaching sessions. The client is not obligated to complete these items of ‘homework’, but not doing so may slow the client’s progress in gaining improved quality of life or achieving desired business or personal outcomes.

The client may contact Awakening KM by phone or e-mail between sessions to seek clarification regarding anything arising from a coaching session or for administrative purposes (e.g., where a client needs to rearrange a coaching session or make a payment). Additional coaching can also be provided between sessions, but an additional charge will be added. Awakening KM will always advise a client in advance if the nature of a client’s contact is likely to incur an additional charge, and no such charges will be imposed without the client’s agreement.

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Rescheduling Sessions

All Coaching Sessions are scheduled in advance by direct agreement between you and your Coach. If you cannot attend a scheduled Coaching Session, you are fully responsible for informing your Coach and arranging an appointment at least 24 hours in advance; otherwise, the session will be deemed forfeit. You are responsible for rescheduling via phone or contact (and receiving a reply) via email.

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Confidentiality

Personal information or business information supplied by clients in coaching sessions will be treated as confidential. It will not be disclosed to a third party without the client’s prior permission, except when required by law or where action might be necessary to prevent harm to the client or someone else.

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Early Termination

In exceptional circumstances, such as illness or unavailability due to bereavement or other commitments, inappropriate behavior by the client, an actual or potential conflict of interest, or other reasons, Awakening KM can decide to terminate the service to the client early or refuse or be unable to provide further coaching sessions to the client. In such a circumstance, the client will be given reasonable notice of termination by Awakening KM where practicable and will be refunded any advance payments made for coaching sessions not yet provided.

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Responsibilities

Awakening KM will seek to enable the client to improve their quality of life or level of business success and to achieve their desired outcomes. Remarkable results can be achieved when clients follow a clear plan in a committed way. However, the client has sole responsibility for making important decisions in their life or business. Awakening KM has no liability for any loss incurred by any client, whether financial or otherwise, following the commencement of coaching sessions or for any perceived failure by the client, whether justified or otherwise, to achieve a material improvement in trauma recovery, quality of life, career or business or to achieve their desired outcomes or goals.

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Variation of Terms & Conditions

Where an Initial Number of Sessions is agreed upon, any changes to these terms and conditions intended to take effect prior to the conclusion of those Initial Number of Sessions will only have effect if agreed by both Awakening KM and the client and confirmed by Awakening KM in writing by email or letter. In other cases, Awakening KM may change any of these terms or conditions, including the Per Session Fee, by giving the client one week’s written notice by letter or e-mail of the change(s). If, following receipt of such notification of the change, the client no longer wishes to proceed with further coaching sessions, they may withdraw from the service immediately by giving notice in writing by email or letter, and they will then be entitled to a full refund of any fees paid in advance for coaching sessions not yet provided. Such notice will be effective on receipt by Awakening KM.

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Governing Law

The construction, interpretation, and performance of this Agreement shall be governed by and construed in accordance with the laws of Minnesota without regard to conflicts of laws principles.

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Cancellation

All cancellation notices must be in writing and delivered by email to awakeningkm@gmail.com. A cancellation notice will be deemed on the date on which The Awakening KM receives the cancellation. No refunds, credits, or transfers are available for no-shows.

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Program Changes

The Coach reserves the right to change, modify or cancel any programs as considered necessary. Any such change will be made in consultation with the Client.

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Intellectual Property Rights: Ownership of the Content 

The words, videos, voice and sound recordings, training materials, design, layout, graphics, photos, images, information, materials, documents, data, databases, and all other information and intellectual property accessible on or through The Awakening KM website, any third-party website The Awakening KM may use to distribute or host the Program, and contained in e-mails sent to you by The Awakening KM, as well as the look and feel of all of the foregoing (“the Content”), is property of The Awakening KM and/or our affiliates or licensors unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.

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Agreement

By entering into a Coaching Agreement either through signing a Coaching Agreement with The Awakening KM or paying any amount to your Awakening KM Coach, you agree to abide by the terms and conditions as set out above.

 

Feedback

Feedback about the service is welcomed and can be given during a coaching session or by writing to awakeningkm@gmail.com.