Coaching Terms of Service

VERSION 2: January 2021

When you use our products and services, you’re agreeing to our terms, so please take a few minutes to read over the Terms of Service. Note: You are entering into a legally binding agreement.

This Coaching Agreement (“the Agreement”) is entered into as of by and between (“the Client”) and ALLY Energy, Inc. (“Company” or "ALLY"). After carefully reviewing the ALLY Academy materials, which include the Coaches’ biographies, the Coaching Relationship Offerings and the schedules of each COACH’s availability, Client has agreed to the following terms:

Payment is due, in full, before the first coaching session begins. Client agrees that payment shall be remitted to via credit card or ACH.

COACH will be available to Client by e-mail and voicemail in between scheduled meetings as defined by the COACH and the Coaching Relationship paid for by Client. COACH may also be available for additional time, per Client’s request on a prorate basis rate of $450.00 per hour (for reviewing documents, reading or writing reports, engaging in other client related services outside of coaching hours).

1.0: Coaching Sessions

The time of the coaching sessions and/or location will be determined by COACH and Client based on a mutually agreed upon time and place on this Agreement is fully executed by all Parties.

All meetings will be conducted via Zoom. Zoom Meeting Instructions will be provided to you before the meeting is set to begin. If you need to reschedule a coaching agreement, please give the coach 48 hours’ notice or you will be charged for the missed appointment.

2.0: Nature of the Relationship

You are aware that the Coaching Relationship is in no way to be construed as psychological counseling or any type of therapy. In the event that you feel the need for professional counseling or therapy it is your responsibility to seek a licensed professional. You are aware that the Coaching Relationship is in no way to be construed as business consultancy. In the event that you require this, it is your responsibility to seek such professionals, as you deem necessary. Coaching results are not guaranteed. You enter into Coaching Relationship with the understanding that your COACH is responsible for creating their own results.

3.0: Coach's Responsibilities to the Client

  • Be on time, present, and open in the coaching conversation
  • Discover, clarify, and align with what the client wants to achieve
  • Encourage client self-discovery
  • Elicit client-generated solutions and strategies
  • Hold the client responsible and accountable
  • Coach is intuitive and will guide the coaching sessions as the needs are communicated from client.
  • Communication from Client may be written, verbal or non-verbal.
  • Coach is not a therapist or counselor. Coaching is not a substitute for therapy, if needed.
  • Coach agrees to maintain the ethics and standards of behavior set forth by the International Coach Federation (ICF). Please see www.coachfederation.org/ethics for complete ethics and standards.

4.0: Client's Responsibilities to the Coach

  • Be on time, present and open to the coaching conversation
  • Be clear on the roles and responsibilities of all stakeholders: i.e., you, the coach, your coworkers, peers, etc.
    • Clarify expectations of each other, and articulate your assumptions. i.e., I learn best by reading, and expect you to provide me with some relevant articles to support our coaching sessions, is that reasonable on your part?
  • Identify specific targets/milestones and a plan for how you will collaboratively achieve these milestones within a given time period of your coaching contract. You need to drive the agenda.
    • Recognize that changes in the day-to-day business could somewhat alter your goals and plan, and work accordingly.  Remember, goals need to be very specific so that you will both know if you are achieving the agreed upon coaching goals.
    • As you enter into each coaching meeting, know what you want to get out of the session and expect the coach to have a target/focus in mind as well.  Agree to how you will spend the time together in that session.
    • Come prepared to share your observations on what is working/what isn’t working in regards to the ideas/behaviors that you implemented/practiced since your last coaching session.
  • Client accepts the fact that coaching is not to be used as a substitute for professional advice by legal, mental, medical or other qualified professionals and will seek independent professional guidance for such matters.
  • Client understands that coaching does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association. Client understands that coaching is not a substitute for counseling, psychotherapy, psychoanalysis, mental health care or substance abuse treatment. If Client is currently in therapy or under the care of a mental health professional, client will consult with the mental health care provider regarding the advisability and/or decision of working with a coach.

5.0: Feedback

Feedback will be requested on a formal basis at different points throughout the Coaching Relationship. The Client should feel free to provide informal feedback on a more regular basis in order to get the most from the Coaching Relationship.

If it's not working, say so.  Be clear and specific with regards to any disconnect between your expectations and what is happening in the relationship.  Quickly determine what can be done to close the gap.  This may require giving constructive feedback to the coach. Discuss some options for how you can have an open dialogue as to the success/non-success of the coaching process.   Consider the following questions:

  • How is this coaching process going for you?
  • What's working, what should we continue doing?
  • What's not working, what should we change or stop doing?
  • What do you need more of/less of from me?
  • What do I need more of /less of from you?

6.0: Confidentiality

Your COACH will adhere to the International Coaching Federations ethical guidelines. Please see this link for further detail on the ICF code of ethics: https://coachfederation.org/code-of-ethics

The Coaching Relationship is not considered a legally confidential relationship. The Coach will not disclose the Client’s name as a reference without the Client’s consent, unless COACH is ordered to disclose by a Court or other similar tribunal. 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; or that (c) the COACH is required by law to disclose.

7:0 Cancellation Policy

It is the Client’s responsibility to notify Company and COACH 48 hours in advance of the scheduled calls/meetings to reschedule or cancel. COACH will attempt in good faith to reschedule the missed meeting, if the meeting was an individual session. Company the right to bill Client for a missed meeting. Sessions are not made up for Group Coaching.

Either the Client or the COACH may terminate this agreement at any time with written notice. However, after the Coaching program has begun, no sessions will be refunded.

8.0 Additional Terms

ALLY's name and/or logo, are protected by trademark and copyright laws and international trademark and copyright treaties, as well as other intellectual property laws and treaties and contain intellectual property exclusive to ALLY. All right, interest, title to, and ownership and intellectual property rights in, the name and/or logo and all copies remain with ALLY. ALLY reserves all rights not expressly granted.

9.0 Limitation of Liability

CLIENT KNOWINGLY AND VOLUNTARILY ASSUMES ALL RISKS OF PERSONAL INJURY, PROPERTY DAMAGE, OR DEATH DURING ANY COACHING SESSIONS, BOTH KNOWN AND UNKNOWN, EVEN IF ARISING FROM THE ACTS OF ALLY OR YOUR COACH, UNLESS THEY SOLEY ARISE FROM ALLY’S OR YOUR COACH’S INTENTIONAL MISCONDUCT, GROSSLY NEGLIGENT OR NEGLIGENT ACTS, and Client assumes full responsibility for participation at Coaching Sessions.

10.0 Disclaimer

Except as is expressly set forth in this Agreement, ALLY and COACH hereby disclaim all warranties, whether express, implied or statutory, including merchantability, fitness for particular purpose, non-infringement, loss of date, accuracy of results, or arising from the court of dealing or reliance.

IN NO EVENT SHALL ALLY and/OR COACH BE LIABLE TO CLIENT FOR ANY INDIRECT, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF BUSINESS, REVENUE, GOODWILL OR ATTORNEY FEES ARISING OUT OF OR RELATING TO THIS AGREEMENT.

If any provision of this Agreement is held invalid or unenforceable, all other provisions shall remain valid, unless such validity would frustrate the purpose of this Agreement, and this Agreement shall be enforced to the full extent allowable under applicable law and a substitute, valid, and enforceable provision most nearly reflecting the original intent shall be developed in place of the invalid provision. No modification to this Agreement is binding, unless in writing and agreed by ALLY and by you.

This Agreement shall be governed by and construed under the laws of the State of Texas. The parties hereto further agree that any action brought to enforce any right or obligation under this Agreement shall be subject to the exclusive jurisdiction of the courts in Harris County, Texas.

11.0: Force Majeure

Both Parties not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, pandemics, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.

This Agreement is the entire Agreement between You and Pink Petro relating to the subject matter herein and supersedes all prior and contemporaneous oral or written communications, proposals, and representations with respect to its subject matter except for the Bylaws which are themselves integrated into this Agreement.

By making payment to ALLY I am agreeing to these terms set above, and I also acknowledge that I have read the Community Terms of Use and Privacy Policies, which are incorporated into this Agreement, and which were made available to me at www.allyenergy.com.