Personal Coaching Agreement

This agreement is made between Get With Wendy LLC (“GWW LLC” or “Coach”) and You (“Client”) . Both parties agree to the following:

Coaching is a collaborative process with an ongoing relationship between Client and Coach. Coach’s role is to support Client’s needs arising from the process of separation and divorce by working with Client to identify issues, set goals and develop strategies for successfully navigating the transition process. The coaching agenda is developed and implemented in partnership between Client and Coach. Client agrees to engage fully in the coaching process and that coaching is not therapy, counseling, legal advice or consulting.

You (as a client) promise to: 

• Come to the session expecting to have a productive coaching session.

• Focus each session on those areas which are most important for my moving through and beyond the divorce process.

• Give my coach at least 24 hours notice if I need to reschedule our coaching session.

• Call my coach for coaching between sessions when I find myself stuck or not in action.

• I will tell the truth to myself and to my coach.

• Give my coach feedback on our coaching sessions including what is working and not working.

• Be responsible for choosing my attitude

1.  Coach-Client Relationship 

Client is solely responsible for his/her own physical, mental and emotional well- being, and for all decisions, choices, actions and results arising from the coaching relationship. As such, Client agrees that 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 Coach.

Client understands GWW LLC is not licensed therapy and does not substitute for licensed therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease. It is 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 Client promptly inform the mental health care provider of the nature and extent of this Agreement.

2. Services

The parties agree to engage in in-person, virtual (zoom, or telephone coaching for 50 minute sessions. Coach will be available to Client by e-mail and voicemail in between scheduled meetings and will make reasonable efforts to respond promptly to Client.

All agreed fees must be paid online or with check within thirty days of appointment. GWW LLC does not accept insurance and is not authorized to bill under any insurance plan. As such, the Client is individually responsible for payment.

3.   Individual Sessions

Coach and Client agree to adhere to established appointment times. Coach and Client agree to begin and finish all appointments on time. If the Client is more than 15 minutes late to an appointment, the Coach will assume that the appointment is canceled and the Client will be responsible for the full coaching fee. If Coach is more than 15 minutes late to an appointment, the Client may assume that the session is canceled and the Client shall not be responsible for any payment for that session.

The Client agrees to cancel or reschedule an appointment at least 24 hours in advance, without a change fee. Any changes or cancellations within 24 hours will result in full fee paid to Coach for session. Coach reserves the right to bill Client for a missed session.

4.    Termination

Client further acknowledges that both parties, Client and Coach, may terminate

or terminate this Agreement at any time by providing prompt written notice to the other. If Client terminates, any funds held by Coach for unused sessions will not be reimbursed. If Coach terminates, any funds held by Coach for unused sessions will be returned to Client within 30 days.

 5.    Confidentiality

This coaching relationship, as well as all information (documented or verbal that the Client shares with Coach are confidential. However, please be aware that the Coach- Client relationship is not considered a legally confidential relationship (like the medical and legal professions. Communications are not subject to the protection of any legally recognized privilege.

Coach has the right to publish blog posts or articles on discussions/issues/questions that come from the coaching sessions. However, Coach will change information to protect the identity of the Client and will not use Client’s name or any other personally identifiable information in any blog posts/articles.

Confidential Information does not include information that: (a) was in Coach’s possession prior to its being furnished by Client; (b) is generally known to the public or in Coach’s industry; (c) is obtained by Coach from a third party, without breach of any obligation to Client; ( d) is independently developed by Coach without use of or reference to Client’s confidential information; (e) Coach is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to Coach and as a result of such disclosure Coach reasonably believes there to be an imminent or likely risk of danger or harm to Client or others; or (g) involves illegal activity. The Client also acknowledges his or her continuing obligation to raise any confidentiality questions or concerns with Coach in a timely manner.

6.    Limited Liability
Except as expressly provided in this Agreement, 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 Client for any direct, indirect, consequential or special damages. Notwithstanding any damages that Client may incur, Coach’s entire liability under this Agreement, and Client’s exclusive remedy, shall be limited to the amount actually paid by Client to Coach under this Agreement for services rendered.

7.   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 Client and the Coach.

8.    Dispute Resolution

If any dispute arises out of this Agreement that cannot be resolved by mutual agreement, Client and Coach agree to attempt to mediate in good faith for up to 60 days. If the dispute is not resolved, and in the event of legal action, the person initiating the claim, arbitration, mediation, dispute and/or legal filing shall be responsible for attorney’s fees and court costs for both parties.

 9.   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.

10.     Applicable Law

This Agreement shall be governed and construed in accordance with the laws of the State of California, without giving effect to any conflicts of law provisions.'

11.    Binding Effect

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

12.       Description of Get With Wendy LLC

Neither GWW nor Wendy Kesser are licensed therapists, and Wendy Kesser does not have any formal education in psychology or social work, nor any degrees, certificates or other credentials in therapy, social work or psychology. Kesser is a CDC Certified Divorce Coach®, and adheres to a Code of Ethics and Practice Standards as recognized by the American Bar Association, to support the Client in a professional way. GWW, Wendy Kesser, and all her agents and employees approach coaching by giving practical advice based on Kesser’s CDC accredited certification status. Kesser will refer Clients to external resources when appropriate, including therapists, divorce attorneys, life coaches, certified divorce financial experts and divorce mediators.