By booking a coaching session with Dr. Tomi White Bryan via tomibryan.com, you agree to abide by the terms and conditions of this agreement. 

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.

Coach-Client Relationship 

Coach agrees to maintain the ethics and standards of behavior of coaches. as outlined here: https://coachfederation.org/ethics/code-of-ethics. While Dr. Bryan is not certified by ICF, she does adhere to their code of ethics.

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 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 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. 

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, incorporate coaching principles into those areas and implementing choices is exclusively the Client’s responsibility. 

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 counseling, 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. 

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. 

Services 

The client has purchased coaching sessions via tomibryan.com. In addition to regularly scheduled sessions, Coach will be available to Client by e-mail and voicemail as requested, responding within 24 hours. Coach may also be available for additional time, per Client’s request, engaging in other Client related services outside of coaching hours at the hourly rate provided. 

Schedule and Fees 

This coaching agreement is valid upon registration for a session via tomibryan.com. Coaching fees are as identified on tomibryan.com or as agreed to via a coaching proposal and must be paid in US Dollars.

Regularly scheduled coaching sessions shall be 55 minutes. If rates change before this agreement has been signed and dated, the prevailing rates will apply. 

For coaching sessions, there is no refund once the session occurs. If you cancel within 24 hours of the appointment, there is a $75.00 administrative fee charged and the rest of the session cost is refunded.

The refund policy in effect for the term of this Agreement is subject to the section on Terminations, Cancellations, Refunds, and Rescheduling. 

Procedure 

Client will use the online scheduler at tomibryan.com to schedule coaching sessions. Coaching sessions are hosted via zoom, and the Client will attend via zoom at the scheduled time for the coaching session. If the Coach will be at any other number for a scheduled call, Client will be notified before the scheduled appointment time. 

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 BCC 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 recognized privilege. The Coach agrees not to disclose any information about the Client without the Client’s written consent unless required by law. 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 before 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 the 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. 

According to the ethics of the coaching 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. Additionally, the coach may use excerpts from the coaching relationship for marketing purposes without attribution to the client (anonymity will be maintained).

Record Retention Policy 

The Client acknowledges that the Coach has disclosed his/her 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 five years. 

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. 

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 not be amended, altered, or supplemented except in writing signed by both the Coach and the Client. 

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 120 after notice is given. If the dispute is not so 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 

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 of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then 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 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. 

Applicable Law 

This Agreement shall be governed and construed in accordance with the laws of the United States, in particular, the State of North Carolina, where the business is physically located without giving effect to any conflicts of laws provisions. 

Binding Effect 

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

Terminations, Cancellations, Refunds, and Rescheduling

Client further acknowledges that he/she may terminate or discontinue the coaching relationship at any time by written notice pursuant to this section. Via email is acceptable written notice.

If Client decides to terminate the coaching relationship, upon receipt of written notice of such cancellation, a refund will be provided on a pro-rated basis for services provided as of the date of termination. An administrative fee of $150.00 for processing the termination will be assessed. 

Client may cancel or reschedule a session 24 hours before the start of a session without penalty. Cancellation or rescheduling less than 24 hours before the start of a session may result in a $75.00 administrative processing fee. 

Thank you for selecting Dr. Tomi White Bryan as your coach. We appreciate your trust in us.