1. Parties
a. “Coach” is Ajit Nott, DBA “Swagya Coaching and Consulting LLC”
b. “Client” is the anyone purchasing or receiving Services (as defined below) from the “Coach”.
2. Services
a. 1:1 Coaching: Coach will provide Services primarily on Client’s stated goals, including, but not limited to personal development, business development, personal and/or professional leadership development, enhanced personal and/or professional communications and overall effectiveness.
b. Group coaching and workshops: Coach will facilitate learning for multiple participants together as a group.
3. Payment & Refunds
a. Fee is payable in advance unless agreed otherwise with Swagya Coaching and Consulting LLC.
b. For group coaching workshop, a full refund will be made when the request for refund is received within 45-days of purchase. No refunds will be made thereafter.
c. For 1:1 coaching engagement, a full refund will be made when the request is received within 30-days of the first paid coaching session. No refunds will be made thereafter.
4. Cancellations & no shows
a. For 1:1 Coaching services, it is the Client's responsibility to notify the Coach 24 hours in advance of change to a scheduled coaching session. Sessions cancelled, missed, or changed less than 24 hours in advance of any Scheduled Session will be considered as a full Coaching Session and charged accordingly.
b. Group coaching sessions and workshops cannot be rescheduled. Clients must ensure their availability for the dates of the workshop prior to making the purchase.
5. Confidentiality
a. 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 confidentiality by the ICF Code of Ethics but is not considered a legally confidential relationship (like in Medicine or Law). 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.
b. 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.
c. Exceptions: If the Coach perceives that Client poses a potential danger to themselves, to another person or is planning to commit a crime, then they are obligated by law to break this confidentiality agreement.
d. Please note: Coach will list the Client’s name, email, and coaching hours on a log to document progress towards coaching credentials. This information will be kept securely (without any notes attached) and will not be shared with anyone except an auditor from one of the certifying organizations.
e. In group coaching sessions and workshops, confidentiality will be based on mutual and verbal agreement only. There is no legally binding non-disclosure agreements between Clients in a group. Clients must choose their discretion when sharing proprietary or confidential information in presentations.
6. Responsibilities:
a. Coach agrees to maintain the ethics and standards of behavior set forth by the International Coach Federation “(ICF)”. www.coachfederation.org/ethics
b. Client is responsible for creating and implementing his/her own physical, mental and emotional well-being, decisions, choices, actions and results. 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 disease.
c. Client understands that coaching is not to be used as a substitute for professional advice by legal, mental health, 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, Coach will recommend that Client inform the mental health care provider that they are engaged in a coaching relationship.
d. Client agrees to communicate honestly, to be open to questions, feedback, and assistance; and agrees to create the time, space, and energy to participate fully in the program.
e. In group coaching sessions and workshops, Client agrees to hold a safe space for all participants. Coach reserves the right to remove a client from a group coaching session and workshop for disruptive behavior, or for any reason that creates an unsafe learning environment, or behavior that interferes in any manner with group learning.
7. Intellectual Property
a. Any materials provided during the coaching session, workshop, course, or webinar are for personal use by the Client and may not be distributed or reproduced without permission from the Coach.
b. In group coaching sessions and workshops, there are no legally binding confidentiality agreements between Clients and between Coach and Client. Client should exercise judgment before sharing sensitive, proprietary, or confidential information. Furthermore, Client bears all responsibility for risk associated with sharing any and all information with the group.
8. Limitation of Liability
a. 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 Clients’ exclusive remedy shall be limited to the amount (in US Dollars) actually paid by the Client to the Coach under this Agreement for all coaching Services rendered through and including the termination date.
9. Agreement
a. By purchasing a service from Swagya Coaching and Consulting LLC, the Client agrees to these Terms and Conditions in its entirety and without any reservation.