1.1 Description of Coaching Services. The Client is engaging the Company to provide the Coaching Services. As part of the Coaching Services, the Company and the Client will enter into 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 develop and carry out a strategy/plan to achieve those goals.

1.2 ICF Code of Ethics. The Company agrees to maintain the ethics and standards of behavior established by the International Coaching Federation (ICF). It is recommended that the Client review the ICF Code of Ethics and the applicable standards of behavior.

1.3 Policies. The Client acknowledges and agrees that the Company will have the right to create operating procedures and policies for its business from time to time (which includes, without limitation, all aspects of the Coaching Services) and agrees to abide by all such policies and procedures during the term of this Agreement.

1.4 Third-Party Services. The Company may use third-party services to deliver virtual Sessions. The Client acknowledges and agrees that they may be required to agree to third-party terms of service in order to receive such third-party services and participate in the Coaching Services.

2.1 Fees. The Client is required to pay in advance for all Sessions. Pricing and package details are listed on the Company’s website and may be subject to change from time to time.

2.2 Credits. The Client may purchase Session credits as part of a package (the “Credits”). Credits can be redeemed for Sessions as and when booked by the Client, provided that each Credit must be used within twelve (12) months of the date of original purchase. Except in the event of a cancellation of Credit in accordance with the cancellation policy in Section 3 hereof, unused Credits are refundable upon request in writing by the Client to the Company within twelve (12) months of the date of original purchase. All refunds are subject to a twenty-five-dollar ($25) administration fee. Any unused credits that have not been refunded or canceled as aforesaid will expire.

3.1 Cancellation. All Sessions must be booked in advance with the Company. The Client must provide notice to the Company of any changes, cancellations, or scheduling issues not less than twenty-four (24) hours prior to any scheduled Session. Failure to provide such notice will result in the cancellation of such Session and any related Credit(s).

3.2 Lateness. The Client is expected to arrive on time and be ready to begin at the beginning of any Session. Sessions will not be extended, nor any fees reimbursed, as a result of the late arrival of the Client to their Session.

4.1 Term and Termination. The terms of this Agreement will remain in effect for so long as the Client has valid Credits outstanding or unless the parties mutually agree otherwise.

5.1 Company Confidential Information. For purposes of this Agreement, “Company Confidential Information” means any confidential and/or proprietary information concerning the Company or its business including, without limitation, the Company’s curriculum, lesson plans, templates, digital materials, and other information provided by the Company in respect of the Coaching Services. The Client covenants and agrees, at all times during the term of this Agreement and after the termination of this Agreement, to keep all Company Confidential Information confidential and not to disclose it to any person or entity, sell or publish it through any medium or use it for any purpose other than his or her personal use.

5.2 Client Confidential Information. The relationship between the Company and the Client, as well as all information (documented or verbal) that the Client shares with the Company as part of this relationship, is confidential and is bound by the principles of confidentiality outlined in the ICF Code of Ethics (“Client Confidential Information”). However, please be aware that the Coach-Client relationship is not considered a legally confidential relationship (like the medical and legal professions). Thus, communications are not subject to the protection of any legally recognized privilege. The Company agrees not to disclose any Client Confidential Information without the Client’s written consent. The Company will not disclose the Client’s name as a reference without the Client’s consent. Client Confidential information does not include information that: (a) was in the Company’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 Company from a third party, without breach of any obligation to the Client; (d) is independently developed by the Company without the use of or reference to the Client Confidential Information; (e) the Company is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to the Company, and as a result of such disclosure the Company reasonably believes there to be an imminent or likely risk of danger or harm to the 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 the Company in a timely manner.

a) Personal Data Collected. The Company processes the Client’s personal data for the purpose of providing the Coaching Services and/or because the Client provided the Company with his/her personal data. The Company may collect the following personal data: (i) First and last name; (ii) Date of birth; (iii) Address details; (iv) Phone number; (v) Email address; (vi) Other personal data you actively provide us with, for example, by corresponding on the phone.

b) Purpose of Data Processing. The Company processes the Client’s personal data for the following purposes: (i) to execute agreements; (ii) For sending invoices and making payments; (iii) To be able to call or email Client when necessary, to provide Company’s services; (iv) To keep track of coaching hours in a logbook for the purpose of getting certified by the ICF; (v) Sending email newsletters.

a) The Company will not sell the Client’s information to third parties and shall only provide this information to third parties if necessary to execute agreements, answer verification by the ICF, or comply with a legal obligation.

b) According to the ethics of the coaching profession, topics may be anonymously and hypothetically shared with other coaching professionals for training, supervision, mentoring, evaluation, professional coach development, and consultation purposes.

6.3 Record Retention Policy. The Company does not store the Client’s personal data any longer than absolutely necessary to achieve the goals the data was collected for. The Company will keep accounting records for a minimum of six (6) years (statutory retention period of the Canada Revenue Agency).

6.4 Client’s Rights to View, Modify or Delete their Personal Data. The Client has the right to view, correct, or delete his/her personal data. In addition, the Client has the right to withdraw his/her consent to the data processing or to object to the processing of his/her personal data by the Company. The Client also has the right to data portability. This means that the Client can submit a request to the Company to send the personal information the Company holds in a digital file to the Client.

The Client can request access, correction, or deletion, a request for the transfer of the Client’s personal data, withdrawal of his/her consent, or object to data processing by sending an email to info@yukigotanda.net. To ensure that the request for access has been made by the Client, the Company will ask the Client to send a copy of his/her ID with the request.

6.5 Protection of Personal Data. The Company has taken appropriate measures to prevent misuse, loss, unauthorized access, unwanted disclosure, and unauthorized modification of the Client’s personal data. If the Client has the impression that his/her data is not properly secured or there are indications of abuse, contact Company at info@yukigotanda.net.

7.1 Disclaimer. The Company makes no representations, warranties, or guarantees of any kind related to this Agreement, the Client’s use of the Coaching Services, or the skills, performance, and/or results that may be achieved by the Client as a result of the provision of the Coaching Services.

7.2 Limitation of Liability and Exclusion of Damages. The Client is solely responsible for creating and implementing his/her physical, mental, and emotional well-being, decisions, choices, actions, and results arising out of or resulting from the Coaching Services. Under no circumstances will any of the Company, its shareholders, directors, officers, employees, contractors (collectively, the “Releasees”) be liable for consequential losses or indirect or special damages of any kind or for any loss or damage arising from the termination of this Agreement. Further, the Releasee’s total liability under this Agreement shall not exceed the total amount of any unused Credits that have not expired or been canceled in accordance with the terms hereof. This Agreement does not impose any obligation or liability upon any person or entity other than the parties hereto, being the Company and the Client. The Client understands that the Coaching Services are not intended to be therapy, do not substitute for therapy if needed, and do not prevent, cure, or treat any mental disorder or medical disease.

7.3 Indemnity by Client. The Client hereby agrees to indemnify, hold harmless and defend the Releasees from and against any action, suit, claim, demand, proceedings, liability, damage, loss, cost, and expense (including, without limitation, reasonable legal fees) (collectively, “Claims”) which may be made or brought against the Releasees, or which any of them may suffer or incur as a result of or in relation to any breach by the Client of any of his or her obligations under this Agreement.

8.1 Notices. All notices or other communications required or permitted to be given hereunder by a party to the other party shall be given in writing by personal delivery or by registered mail, postage prepaid, or by electronic mail to such other party at their last known address or email address. Each of the parties shall promptly inform the other of any change in address or email address. All such notices or other communications shall be deemed to have been received when delivered or transmitted, or, if mailed, on the third business day following the date of mailing if postal service and deliveries are then operating.

8.2 Amendment and Waiver/Assignment. This Agreement may not be amended or modified except by written instrument signed by the parties. No party will be deemed to have waived the exercise of any right that he/she/it holds under this Agreement unless such waiver is made in writing. This Agreement shall enure to the benefit of and be binding upon the parties hereto and their respective successors and assigns, heirs, executors and administrators, but shall not be assignable by the Client without the prior written consent of the Company.

8.3 Further Assurances. The Client will, from time to time at the Company’s request and without further consideration, execute and deliver such other documents and take such further action as may be required to more effectively complete any matter provided for in this Agreement.

8.4 Force Majeure. Neither party shall be liable for failure to fulfill its obligations under this Agreement (other than a failure to make payment of fees or other amounts owing hereunder) if that failure is caused, directly or indirectly, by flood, communications failure, weather, fire, earthquake, or other natural calamity or act of God, interruption in electricity or internet connectivity, third-party server issues, acts of terrorism, riots, civil disorders, acts of governmental agencies, quarantines, epidemics or pandemics, malicious acts of third parties, labor disputes, or any other similar cause beyond the reasonable control of that party.

8.5 Entire Agreement. This Agreement, together with the online registration form(s) completed by the Client to register in Coaching Services, constitutes the entire agreement between the parties and supersedes all prior agreements and understandings between the parties relating to the subject matter hereof.

8.6 Severability. If any portion of this Agreement is found to be illegal, invalid, or unenforceable, the remaining portions shall remain in full force and effect.

8.7 Interpretation. This Agreement shall not be construed against the Company by reason of the drafting or preparation of this document by its legal counsel. This Agreement is to be read with all changes in gender or number as required by the context. Section headings are included solely for convenience of reference and are not intended to be full or accurate descriptions of the contents thereof. Time shall be of the essence in this Agreement.

8.8 Counterpart. This Agreement may be executed by the parties in counterpart, each of which when so executed will be an original, and those counterparts will together constitute one and the same instrument.

8.9 Continuing Provisions. The provisions of Sections 4, 5, 6, 7 and 8, shall continue in force, notwithstanding the termination of this Agreement, to the extent necessary to give effect thereto.

8.10 Dispute Resolution. If any dispute shall occur between the parties hereto relating to the interpretation or implementation of any of the provisions of this Agreement that cannot be resolved by mutual consent, such dispute shall be resolved by mediation or arbitration. The arbitration shall proceed in accordance with the rules and provisions of the Arbitration Act (Ontario).

8.11 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein (but without giving effect to any conflict of laws rules). The parties hereto agree that the Courts of Ontario shall have jurisdiction to entertain any action or other legal proceedings based on any provisions of this Agreement. Each party hereto does hereby attorn to the exclusive jurisdiction of the Courts of the Province of Ontario.