General Terms of Service

2.1 Client Commitment

The Client understands that in order to enhance the coaching relationship, the Client agrees to communicate honestly, be open to feedback and assistance, complete assignments, and create the time and energy to participate fully in the programme.

2.2 Professional Standards

The Coach agrees to maintain the ethics and standards of behaviour established by the Coaches and Mentors of South Africa (COMENSA).

2.3 Client Responsibility

The Client acknowledges that coaching is a comprehensive process that may involve different areas of his or her life, including work, finances, health, relationships, education and recreation. The Client agrees that deciding how to handle these issues, incorporating coaching principles into those areas and implementing choices is exclusively the Client's responsibility.

2.4 Liability

The Client is solely responsible for creating and implementing his/her own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the coaching relationship and his/her coaching sessions and interactions with the Coach. As such, the Client agrees that the 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 the Coach.

2.5 Not a Substitute for Professional Care

The Client acknowledges that coaching does not involve the diagnosis or treatment of mental disorders and that coaching is not to be used as a substitute for counselling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals and that it is the Client's exclusive responsibility to seek such independent professional guidance as needed. If the Client is currently under the care of a mental health professional, it is recommended that the Client promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by the Client and the Coach.

3.1 Session Scheduling

The date and time of one-on-one coaching sessions will be mutually agreed upon by the Coach and the Client.

3.2 Programme & Event Booking

The Client acknowledges that the action of booking their attendance and making payment for a programme or event, they agree to the date, time and location that the programme or event will take place as specified by the Coach.

3.3 Session Details

Details required to join the scheduled video conference sessions and/or the physical location of an event or group coaching session will be provided by the Coach.

3.4 Changes to Schedule

Should the session or location details change for any reason, the Client will be notified prior to the scheduled time.

3.5 Punctuality

The Client agrees to arrive promptly for any session or event and acknowledges that time lost due to late arrival will not be made up for by the Coach.

4.1 Group Programmes & Events

The Client acknowledges that the schedule & fees pertaining to Group Coaching Programmes and other events are accepted by performing the action of booking their attendance and making payment for the programme or event.

4.2 Prior Payment Required

The Client further acknowledges that full prior payment is required for all Individual Coaching, Group Coaching Programmes and Events.

4.3 Individual Coaching Agreement

The Client acknowledges that the schedule & fees relating to one-on-one coaching programmes are mutually agreed and form part of a separate Individual Coaching Schedule and Services Agreement.

4.4 No Credit Terms

The Client agrees that no credit terms are available or provided and that services will be suspended for accounts in arrears. The Client shall receive notification of account suspension via email.

4.5 Late Payment Penalty

A penalty of five (5) per cent per month will be charged on outstanding amounts until the account is settled in full.

5.1 One-on-One Sessions

• 5.1.1 The Client must provide at least twenty-four (24) hours' notice to cancel a scheduled one-on-one session.
• 5.1.2 Cancellations made with twenty-four (24) hours or more notice will be rescheduled at the Client's convenience. Where this session cannot be rescheduled for any reason and the client has paid in advance, the Client shall be refunded for that session.
• 5.1.3 Cancellations made by the Client with less than twenty-four (24) hours' notice will be charged the full session fee.
• 5.1.4 No-shows will be charged the full session fee.
• 5.1.5 Scheduled sessions cancelled by the Coach will be rescheduled at the Client's convenience. Where this session cannot be rescheduled and the client has paid in advance, the Client shall be refunded for that session.

5.2 Group Coaching Sessions and Events

• 5.2.1 The Client acknowledges that no refunds will be considered after a group coaching programme or event has commenced.
• 5.2.2 The Client understands that group coaching programmes and events may consist of more than one session or scheduled activity, and that in these instances, when a cancellation is made, it is made to the entire programme or event and not an individual session or event.
• 5.2.3 The Client must provide at least twenty-four (24) hours' notice to cancel their booking for a group coaching programme or event.
• 5.2.4 Cancellations with twenty-four (24) hours or more notice will be refunded in full.
• 5.2.5 Cancellations made by the Client with less than twenty-four (24) hours' notice will be charged the full session or event fee.
• 5.2.6 No-shows will be charged the full fee.

6.1 Content License

Subject to the Client's compliance with these General Terms of Service, the Coach grants the Client a non-exclusive, non-transferable, revocable licence to access and download or print any portion of the content to which the Client has properly gained access.

6.2 Intellectual Property Protection

The Client agrees that all coaching materials shared with the Client, including but not limited to documentation, manuals, worksheets, presentations, videos, etc, are the intellectual property of the Coach and may not be copied, reproduced, aggregated, re-published uploaded, posted, publicly displayed, encoded, translated, distributed, sold, licenced or otherwise exploited for any purpose whatsoever without the Coach's express prior agreement.

6.3 Confidentiality Standards

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 by the principles of confidentiality set forth in the COMENSA Code of Ethics & Conduct.

6.4 Reference Consent

The Coach will not disclose the Client's name as a reference without the Client's consent.

6.5 Confidentiality Exceptions

Confidential Client Information does not include information that:

• was in the Coach's possession prior to its being furnished by the Client
• is generally known to the public or in the Client's industry
• is obtained by the Coach from a third party, without breach of any obligation to the Client
• is independently developed by the Coach without use of or reference to the Client's confidential information
• the Coach is required by statute, lawfully issued subpoena, or by court order to disclose
• is disclosed to the Coach and, as a result of such disclosure, the Coach reasonably believes there to be an imminent or likely risk of danger or harm to the Client or others
• involves illegal activity

6.6 Ongoing Obligation

The Client also acknowledges his or her continuing obligation to raise any confidentiality questions or concerns with the Coach in a timely manner.

6.7 COMENSA Verification

The Coach engages in training and continuing education, pursuing and/or maintaining COMENSA Credentials. That process may require the names and contact information of Clients for possible verification. By signing this agreement, the Client agrees to have their name, contact information, and start and end dates of coaching shared with COMENSA staff members and/or other parties involved in this process for the sole and necessary purpose of verifying the coaching relationship. No personal notes will be shared.

6.8 Professional Development

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

7.1 Personal Information Collection

The Client acknowledges that the Coach collects personal information that the Client voluntarily provides when registering as the Client, expresses an interest in and/or attends coaching, coaching programmes and events, or when the Client otherwise contacts the Coach.

7.2 Third-Party Sharing

The Client agrees to share required personal information with 3rd parties when booking 3rd party events, to facilitate payments with a payment gateway and any other processes where the Client has provided consent.

7.3 Account Registration

The Client is required to have an active registered account with the Coach to utilise the services. This account is registered by the Client via www.themellowghekko.com.

7.4 Information Accuracy

The Client agrees that all personal information must be true, complete and accurate. Electronically stored personal information can be accessed and updated via the Client's registered account with the Coach.

7.5 Record Retention

The Client agrees that any documents, information and data acquired or shared during the term of the Coach-Client relationship will be maintained by the Coach in a format of the Coach's choice (print or digital/electronic) for a period of not less than Seven (7) years from the termination of the relationship as outlined in the termination clause below post which it will be destroyed.

7.6 Information Processing

The Client acknowledges that the Coach may process information to provide, improve and administer services, communicate with the Client, for security and fraud prevention, and to comply with the law.

7.7 Data Location

The Client further acknowledges that the Mellow Ghekko website servers are located in South Africa. If you access our services from outside, please be aware that your information may be transferred to, stored by, and processed by us in our facilities.

7.8 Data Deletion Request

The Client may request the deletion of their personal information via email to info@mellowgheckko.com.

8.1 Account Deactivation

The Client may terminate this Agreement at any time by deactivating the Client's registered account with the Coach. This account can be accessed via www.themellowghekko.com.

8.2 Email Termination

The Client can also terminate this agreement by sending notice via email to info@themellowghekko.com, whereafter the account will be deactivated on the requested date by the Coach.

8.3 Payment Obligations

The Client agrees to compensate the Coach for all coaching services rendered through and including the effective date of termination of the coaching relationship and as stipulated in this agreement.

9.1 No Guarantees

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.

9.2 Indirect Damages

In no event shall the Coach be liable to the Client for any indirect, consequential or special damages.

9.3 Liability Limitation

Notwithstanding any damages that the Client may incur, the Coach's entire liability under this Agreement, and the Client's exclusive remedy, shall be limited to the amount actually paid by the Client to the Coach under this Agreement for all coaching services rendered through and including the termination date.