rachanaatulsyan

CONFIDENTIALITY & NON-DISCLOSURE AGREEMENT

1. PURPOSE

The Parties intend to establish a coaching relationship for the Client’s personal development, healing, and growth. During this engagement, the Coach may share confidential and proprietary information. This Agreement outlines the terms and expectations for confidentiality, intellectual property use, fees, and the nature of coaching.

2. DEFINITION OF CONFIDENTIAL INFORMATION

“Confidential Information” refers to all non-public, proprietary, or sensitive information shared by the Coach, including but not limited to:

  • Coaching methodologies, frameworks, processes, and strategies.
  • Written, audio, video, and digital materials provided during the coaching relationship.
  • Personal insights, feedback, or examples shared during sessions.
  • Business operations, pricing, client lists, or other non-public information.
  1. Confidential Information excludes:
     a. Information that is public knowledge at the time of disclosure or subsequently becomes publicly available through no fault of the Client.
     b. Information lawfully obtained by the Client from a third party without confidentiality obligations.
     c. Information independently developed by the Client without reference to the Coach’s materials.
     d. Information required by law to be disclosed, provided the Client notifies the Coach promptly to allow protective measures.

3. CLIENT RESPONSIBILITIES

The Client agrees to:

a. Confidentiality:

  • Not share, disclose, reproduce, or distribute any Confidential Information to third parties without written consent from the Coach.
  • Use the information exclusively for personal use within the scope of the coaching relationship.

b. Commitment to Participation:

  • Attend scheduled sessions punctually and participate fully in the coaching process.
  • Notify the Coach at least 48 hours in advance if a session needs to be rescheduled. Failure to provide timely notice will result in the session being counted as completed.

4. FEES AND REFUND POLICY

a. Fees:

  • The Client agrees to pay all fees as outlined in the separate invoice or payment plan agreed upon prior to commencing coaching.
  • All fees are non-refundable, regardless of the Client’s level of participation, withdrawal, or perceived satisfaction.

b. Missed Sessions:

  • Any session missed or canceled by the Client without at least 48 hours prior notice will be considered forfeited and cannot be rescheduled.
  • Exceptions will be made only at the sole discretion of the Coach and with prior agreement.

c. Payment:

  • Late payments may result in the suspension or termination of services at the Coach’s discretion.

5. INTELLECTUAL PROPERTY AND MATERIALS

All content, tools, frameworks, and materials provided by the Coach (in any format) are and remain the exclusive intellectual property of the Coach.

The Client shall not:

  • Record, reproduce, distribute, or share any coaching materials without express written permission.
  • Use the Coach’s intellectual property for any commercial purpose or to create derivative works.

The Client may use provided materials solely for their personal growth during and after the coaching engagement.

6. NON-DISPARAGEMENT

The Client agrees not to make any public or private statements, written or verbal, that may harm or damage the reputation, credibility, or business interests of the Coach. This includes but is not limited to:

  • Negative social media posts.
  • Online reviews or testimonials.
  • Comments made to third parties.

 

7. TERM AND SURVIVAL

This Agreement shall commence on the Effective Date and remain in effect throughout the duration of the coaching relationship and for a period of three (3) years after its conclusion. Obligations regarding Confidential Information, Intellectual Property, and Non-Disparagement shall survive indefinitely.

  1. REMEDIES

The Client acknowledges that any breach of this Agreement may result in irreparable harm to the Coach. In such cases, the Coach shall have the right to seek injunctive relief, damages, and any other remedies permitted by law.

9. NO GUARANTEES

The Coach makes no representations or warranties as to specific outcomes or results. Coaching results depend on individual effort, commitment, and circumstances beyond the Coach’s control.

10. GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by and construed in accordance with the laws of [Jurisdiction/Country]. Any disputes arising under or related to this Agreement shall be subject to the exclusive jurisdiction of the courts in [Jurisdiction/Country].

11. ENTIRE AGREEMENT

This Agreement constitutes the entire understanding between the Parties and supersedes all prior oral or written agreements. Amendments must be in writing and signed by both Parties.

12. SEVERABILITY

If any provision of this Agreement is found unenforceable, all other provisions shall remain in full force and effect.

13. ACHE DISCLAIMER

American Council of Hypnotist Examiners ACHE Code of Ethics The American Council of Hypnotist Examiners (“ACHE”) provides standards and guidance for the practice of hypnotherapy and regulates the professional conduct of its members in their practice. All certificants are required to comply with the ACHE Code of Ethics by signing the declaration below: As a Hypnotherapist holding a Certification from the American Council of Hypnotist Examiners, I commit myself to conduct my professional relationships in accordance with this Code of Ethics and subscribe to the following statements: 1. I regard as my primary professional obligation the welfare of my client, whether individual or group. 2. I will comply with the requirements of the law in the jurisdiction where I practice. I will not discriminate against any person, group, or class on the basis of race, ethnicity, national origin, color, sex, sexual orientation, gender identity or expression, age, marital status, political belief, religion, immigration status, or mental or physical ability. 3. I will offer services only within my scope of practice and the boundaries of competence, and the recognized knowledge and competences of the profession of hypnotherapy, including supervision and consultation, whether in person or remotely. 4. I will not claim to diagnose, prescribe treatment for, or treat any mental or physical illness unless I possess qualifications, certification and/or licensure additional to hypnotherapy certification, which legally entitles me to do so in the jurisdiction where I practice. 5. I will not use any licensed or restricted title or other professional designation to which I am not legally entitled in the jurisdiction where I practice. 6. I will advise a client whose requirements are outside my boundaries of competence to seek an appropriate alternative service. 7. I will advise any client presenting symptoms of physical illness, including pain, to seek the advice of a medical practitioner if this has not already been obtained. 8. I will not guarantee cures for any condition or make misleading claims or statements as to the outcome of the services I offer, in any form of advertising, verbally, in print or digital promotions. I will be socially responsible and adhere to the rules of “truth-in-advertising” in the marketing statements I make. These will be legal, accurate and fair. I will avoid the use of superlatives, misleading information, and deceptive claims. 9. I will make clear to the client, prior to the provision of services, the terms, conditions, and charges for my services. 10. I will keep confidential any information obtained in the course of service within the legal limits of reporting requirements in the jurisdiction where I practice. I will disclose any such limits of confidentiality to my clients prior to providing services. I will ensure that the client’s anonymity and privacy is safeguarded in the publication of any clinical material. 11. I will do my best to ensure secure technology, and will disclose to clients in the event of a breach. I will discuss with clients, students and/or those I mentor my policies concerning the use of technology in the provision of professional services. I will obtain informed consent before making audio or video recordings or permitting observation of services to clients by a third party. When using technology to deliver services, I will ensure I have the necessary knowledge and skills to provide such services in a competent manner. This includes an understanding of the special communication challenges when using technology and the ability to implement strategies to address these challenges. 12. I will obtain the written consent of a parent or guardian before providing services to a minor. 13. I will not sexually harass any person, or attempt any physical contact of a sexual nature, or make sexual advances, solicitation, or requests for sexual favors in person, or by any other verbal, written, or electronic means to any client, colleague, student or supervisee. I will not engage in intimate social contact with a client until a period of at least two years from the conclusion of therapeutic work with that client. If I am legally charged with sexual or other ethical misconduct I will notify the ACHE of the circumstances and will immediately inform the Council upon the verdict. 14. I will undertake continuing professional development and education in accordance with the current requirements of ACHE. 15. I accept responsibility to help protect the community against unethical practice by any individual engaged in providing hypnotherapy services e.g. by reporting professional misconduct to the proper bodies or authorities, including unethical conduct using technology. 16. I will treat with respect the findings, views and actions of professional colleagues and use appropriate channels to express my opinions on these matters. I will avoid unwarranted negative criticism of colleagues in verbal, written, and electronic communications with clients or with other professionals. 17. I will conduct myself in a manner consistent with upholding the good reputation of the profession of hypnotherapy. 18. I will distinguish clearly in public between my statements and actions as an individual and as a representative of an organization. 19. I will not engage in any dual or multiple relationships with students or clients that cause harm or exploitation. I understand I am responsible for setting clear, appropriate, and culturally sensitive boundaries, and terms of contracts need to be made clear at the outset and maintained during any Dual Relationships. Dual relationships or Multiple Relationships refer to any situation where multiple roles exist between a therapist and a client. Examples of dual relationships are when the client is also a student, friend, family member, employee or business associate of the therapist. 20. I will take reasonable steps to ensure that documentation in electronic and/or paper records is accurate and reflects the services provided. I will transfer or dispose of clients’ records in a manner that protects clients’ confidentiality and is consistent with applicable laws governing records. I understand that the maintenance of high ethical standards by ACHE is an important support to the professional standing of all Hypnotherapists. I agree to conduct my practice and all professional interactions in strict accordance with ACHE rules and regulations in effect now or in the future. By accepting my Certification, I consent to the authority and jurisdiction of ACHE to disseminate such rules and regulations, as it may from time to time deem necessary and to take such action, including legal, as it deems necessary to enforce them. If I am the subject of an alleged ethics violation, I understand that an investigation may beconducted upon receipt of a written complaint signed and dated by the person alleging the wrong committed and be subject to the ACHE Disciplinary Procedures Policy. In the event of legal action against me, I agree to inform the ACHE immediately and will maintain timely communication until a verdict has been returned. In either instance, I understand that my Certification could be suspended or revoked if the complaint legal action is upheld. In any case, I agree to hold the ACHE harmless for necessary actions required to sustain the rules and regulations and to prevent unethical practices.

14. TERMS & CONDITIONS

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