Individual Coaching Services Agreement

This Coaching Agreement (this "Agreement"), dated as of the purchase date of the coaching services (the "Effective Date"), is by and between Kerstin K. Leadership Consulting, LLC, a California limited liability company ("Coach") and the individual purchasing the coaching services ("Client" or "You" and together with Coach, the "Parties", and each a "Party").

Coach Address: 11483 Westonhill Dr, California, USA
Client Address: As provided during registration

1. Services Description

1.1 Coaching Services: Coach will provide individual professional coaching services to Client, including but not limited to career development, leadership skills, goal setting, and professional growth strategies.

1.2 Session Details:

• Individual coaching sessions lasting 60 minutes each
• Sessions conducted via video conference (Zoom) or telephone
• Number of sessions and program duration as specified in the purchase agreement
• Sessions scheduled by mutual agreement between Coach and Client

1.3 Additional Services: Coach may provide supplementary materials, assessments, or resources as part of the coaching engagement at Coach's discretion.

2. Fees and Payment Terms

2.1 Fees: Client agrees to pay the coaching fees as specified in the purchase agreement or invoice provided by Coach.

2.2 Payment Terms: Payment is due as specified in the purchase agreement. Late payments may result in suspension of coaching services.

2.3 Currency: All fees are stated and payable in US Dollars unless otherwise specified.

2.4 Refund Policy: Refund terms, if any, are as specified in the separate purchase agreement or sales page. For European Union residents, statutory cancellation rights apply as described in Section 15.

3. Client Responsibilities and Representations

3.1 Participation: Client agrees to:

• Participate actively and honestly in coaching sessions
• Be open to feedback and coaching interventions
• Complete agreed-upon actions between sessions
• Provide timely notice of schedule changes
• Maintain confidentiality of Coach's proprietary methods and materials

3.2 Health and Wellbeing Representation: Client represents and warrants that they are:

• In generally good mental and physical health and capable of participating in coaching
• Not currently experiencing severe mental health crisis requiring immediate professional intervention
• Capable of making their own decisions and taking responsibility for their actions
• Not seeking treatment for diagnosed mental health conditions through coaching
• Able to distinguish between coaching and therapy/medical treatment
• Not under the influence of substances that would impair judgment during sessions

Client agrees to immediately inform Coach of any changes in mental health status, medical conditions, or other circumstances that might affect their ability to participate safely in coaching or that might require professional medical or psychological intervention.

3.3 Professional Boundaries: Client acknowledges that coaching is not therapy, counseling, psychology, psychiatry, medical treatment, or legal advice. Coach is not a licensed mental health professional unless separately disclosed.

4. Coach Responsibilities and Professional Standards

4.1 Professional Conduct: Coach agrees to:

• Provide coaching services with professional competence and integrity
• Maintain appropriate boundaries in the coaching relationship
• Respect Client's autonomy and decision-making capacity
• Provide timely notice of schedule changes when possible

4.2 Limitations of Service: Coach will not:

• Provide medical, psychological, or legal advice
• Diagnose or treat mental health conditions
• Make decisions for Client or guarantee specific outcomes
• Engage in dual relationships that could compromise the coaching relationship

5. Confidentiality and Data Protection

5.1 Coach Confidentiality: Coach agrees to maintain the confidentiality of all information shared by Client during coaching sessions and related communications, except as required by law or with Client's written consent.

5.2 Limitations of Confidentiality: The coaching relationship does not create legal privilege. Coach may be required to disclose information if legally compelled by court order, subpoena, or to prevent imminent harm to Client or others.

5.3 Data Protection (GDPR Compliance):

Legal Basis for Processing: For EU/EEA residents, Coach processes personal data based on:

• Contract performance (Article 6(1)(b) GDPR) - to provide coaching services
• Legitimate interests (Article 6(1)(f) GDPR) - for business administration and service improvement
• Consent (Article 6(1)(a) GDPR) - for marketing communications (where applicable)

Data Collected: Coach may collect and process:

• Contact information (name, email, phone, address)
• Payment information (processed through third-party payment providers)
• Session notes and coaching-related communications
• Technical data from video conferencing platforms
• Professional background information relevant to coaching goals

Data Processing Security: Coach implements appropriate technical and organizational measures including:

• Encrypted data transmission and storage
• Access controls and authentication protocols
• Regular security assessments and updates
• Staff training on data protection procedures
• Incident response and breach notification procedures

Data Sharing: Personal data may be shared with:

• Third-party service providers (video conferencing, payment processing, scheduling) under appropriate data processing agreements
• Professional supervisors or consultants (anonymized where possible)
• Legal or regulatory authorities when required by law

Data Retention: Personal data will be retained for:

• Active coaching records: Duration of engagement plus 7 years for business and legal purposes
• Inactive client records: 7 years after last contact for legal and professional standards compliance
• Marketing communications: Until consent is withdrawn
• Financial records: As required by applicable tax and business laws (typically 7 years)

International Data Transfers: If personal data is transferred outside the EU/EEA, appropriate safeguards will be implemented including:

• Standard Contractual Clauses (SCCs) approved by the European Commission
• Adequacy decisions for countries with adequate protection
• Additional technical and legal safeguards as required

Data Subject Rights: EU/EEA residents have the right to:

• Access their personal data and receive information about processing
• Rectify inaccurate or incomplete personal data
• Erase personal data (subject to legal retention requirements and legitimate interests)
• Restrict processing in certain circumstances
• Object to processing based on legitimate interests
• Data portability for data provided under contract or consent
• Withdraw consent for marketing communications at any time
• Lodge complaints with supervisory authorities

Data Breach Notification: In the event of a personal data breach, Coach will:

• Notify relevant supervisory authorities within 72 hours where required
• Inform affected individuals without undue delay if high risk to rights and freedoms
• Document all breaches and remedial actions taken

Contact for Data Protection: To exercise rights or raise concerns, contact Coach at [your email address] or designated data protection contact.

5.4 Data Transfers: If personal data is transferred outside the EU/EEA, appropriate safeguards will be implemented in accordance with GDPR requirements.

5.5 Data Security: Coach implements appropriate technical and organizational measures to protect personal data against unauthorized access, alteration, disclosure, or destruction.

6. Scheduling and Cancellation Policy

6.1 Scheduling: Sessions will be scheduled by mutual agreement. Coach will provide calendar booking system or coordinate scheduling directly with Client.

6.2 Cancellation by Client: Client may reschedule or cancel sessions with at least 24 hours advance notice. Sessions cancelled with less than 24 hours notice may be forfeited unless due to emergency circumstances.

6.3 Cancellation by Coach: Coach will provide reasonable advance notice for cancellations and will reschedule at no additional cost.

6.4 No-Show Policy: If Client fails to attend a scheduled session without prior notice, the session may be considered completed, and no make-up session will be provided.

7. Intellectual Property

7.1 Coach Materials: All coaching frameworks, methodologies, assessments, handouts, and proprietary materials provided by Coach remain the intellectual property of Coach.

7.2 Client Usage Rights: Client may use Coach's materials solely for personal development purposes and may not reproduce, distribute, or use such materials commercially without written permission.

7.3 Session Recordings: If sessions are recorded, both parties must consent. Recordings remain the property of Coach unless otherwise agreed.

8. Limitation of Liability and Risk Acknowledgment

8.1 Assumption of Risk: Client acknowledges that coaching involves:

• Self-reflection that may cause emotional discomfort
• Personal responsibility for implementing coaching suggestions
• No guarantee of specific outcomes or results
• Potential for disagreement or challenge of existing beliefs

8.2 Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, COACH'S LIABILITY SHALL BE LIMITED TO THE AMOUNT PAID BY CLIENT FOR THE COACHING SERVICES. COACH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES.

8.3 European Consumer Rights: For European Union residents, liability limitations apply to the maximum extent permitted by local consumer protection laws. Nothing herein limits Coach's liability for death, personal injury, fraud, or gross negligence.

8.4 GDPR Regulatory Fines: Client acknowledges that regulatory fines under GDPR cannot be contractually limited. Coach maintains appropriate cyber insurance and implements reasonable security measures. Client agrees to provide accurate information and promptly notify Coach of any data protection concerns or potential breaches.

8.5 Tiered Liability Structure:

• For individual consumers: Liability limited to fees paid, subject to applicable consumer protection laws
• For business clients: Full contractual liability limitations apply to maximum extent permitted by law

8.6 Indemnification: Client agrees to indemnify and hold Coach harmless from claims, damages, losses, and expenses (including reasonable attorney's fees) arising from: (a) Client's breach of this Agreement; (b) Client's provision of false or misleading information; (c) Client's violation of confidentiality obligations; (d) Client's misrepresentation of mental health status or capacity; (e) Third-party claims related to Client's implementation of coaching advice or strategies; (f) Client's violation of applicable laws or regulations; (g) Any defamatory statements made by Client about Coach or the coaching services.

9. Termination

9.1 Termination by Either Party: Either party may terminate this Agreement with written notice.

9.2 Effect of Termination: Upon termination:

• Unused prepaid sessions may be refunded on a pro-rata basis (subject to purchase terms)
• Both parties' confidentiality obligations continue
• Client's right to use Coach's materials terminates

9.3 Immediate Termination: Coach may immediately terminate this Agreement without notice if Client:

• Breaches material terms of this Agreement and fails to cure within 48 hours of written notice
• Engages in threatening, abusive, harassing, or inappropriate behavior toward Coach or others
• Misrepresents their mental health status in a way that creates safety concerns
• Violates confidentiality or data protection obligations
• Uses coaching services for illegal purposes or in violation of applicable laws
• Demonstrates behavior that Coach reasonably believes poses a risk to themselves or others
• Fails to pay fees when due (after 10-day notice period)

In cases of immediate termination for Client breach, no refunds will be provided and Client remains liable for all unpaid fees and any damages caused by the breach.

10. Technology and Virtual Services

10.1 Platform Requirements: Client is responsible for reliable internet connection and compatible devices for video conferencing.

10.2 Technical Issues: Coach is not liable for technical difficulties, platform outages, or connectivity issues that prevent or disrupt sessions. This includes but not limited to: Zoom platform failures, internet service provider outages, power failures, cyber attacks on third-party platforms, or other technology infrastructure disruptions.

10.3 Platform Security: While Coach uses reasonable security measures, Client acknowledges that no electronic transmission is completely secure. Coach is not liable for data breaches, unauthorized access, or security incidents occurring on third-party platforms (including Zoom, payment processors, email systems) that are beyond Coach's direct control.

10.4 Third-Party Service Disclaimers: Coach utilizes various third-party services (video conferencing, payment processing, scheduling systems, email platforms). Client acknowledges that Coach has no control over these services and is not responsible for their availability, security, privacy practices, or performance failures.

10.5 Client Technology Responsibilities: Client is responsible for maintaining secure devices, updated software, strong passwords, and safe internet practices. Coach is not liable for security breaches resulting from Client's technology practices or device vulnerabilities.

11. Professional Insurance and Risk Management

11.1 Professional Liability Insurance: Coach maintains professional liability insurance appropriate for coaching services with coverage limits of at least $1,000,000 per occurrence. Insurance details available upon reasonable request.

11.2 Cyber Liability Insurance: Coach maintains cyber liability insurance covering data breaches, cyber attacks, and technology-related losses. Coverage includes notification costs, credit monitoring, and regulatory fines where insurable.

11.3 Business Continuity Insurance: Coach maintains appropriate business insurance to ensure service continuity during unforeseen circumstances.

11.4 Credentials and Professional Development: Coach's credentials, certifications, and professional affiliations are available upon request. Coach commits to ongoing professional development and maintaining current industry knowledge and best practices.

11.5 Risk Assessment and Management: Coach regularly assesses and manages professional risks including:

• Client suitability for coaching services
• Technology security and data protection measures
• Professional boundary maintenance
• Emergency response procedures for client crisis situations

12. Dispute Resolution

12.1 Governing Law:

• For US residents: This Agreement is governed by California law
• For EU/EEA residents: Local consumer protection laws also apply where more favorable

12.2 Dispute Resolution Process:

1. Direct Communication: Parties will first attempt to resolve disputes through direct discussion
2. Mediation: If direct resolution fails, parties agree to mediation
3. Arbitration/Legal Proceedings:
• US residents: Binding arbitration in San Diego, California
• EU/EEA residents: May choose local courts or arbitration as permitted by law

12.3 European Consumer Rights: EU/EEA residents retain the right to bring proceedings in their country of residence and to use alternative dispute resolution platforms.

13. Force Majeure and Business Continuity

13.1 Force Majeure Events: Neither party shall be liable for delays or failures in performance resulting from acts beyond their reasonable control, including but not limited to:

• Natural disasters (earthquakes, floods, wildfires, hurricanes)
• Government actions, regulations, or orders (including pandemic restrictions, lockdowns, travel bans)
• Public health emergencies, pandemics, or epidemics
• Labor disputes, strikes, or workforce shortages
• Cyber attacks, internet infrastructure failures, or widespread technology outages
• War, terrorism, or civil unrest
• Utility failures or energy shortages

13.2 Notification and Mitigation: The affected party must promptly notify the other party of force majeure circumstances and make reasonable efforts to minimize impact and resume performance.

13.3 Service Modifications: During force majeure events, Coach may modify service delivery methods (e.g., switching from video to phone sessions) to maintain continuity while ensuring safety and compliance with applicable regulations.

13.4 Extended Force Majeure: If force majeure conditions prevent performance for more than 60 days, either party may terminate this Agreement with written notice. In such cases, Client may receive a prorated refund for unused prepaid services, subject to Coach's actual costs and expenses incurred.

14. Professional Standards and Regulatory Compliance

14.1 Professional Standards: Coach agrees to:

• Maintain professional competency through continuing education and development
• Adhere to applicable coaching industry standards and ethical guidelines
• Maintain appropriate professional boundaries at all times
• Comply with all applicable business licensing and regulatory requirements

14.2 Regulatory Compliance: Both parties agree to comply with all applicable local, state, federal, and international laws, including:

• Data protection and privacy laws (GDPR, CCPA, etc.)
• Consumer protection regulations
• Anti-discrimination laws
• Professional services regulations
• Tax and business compliance requirements

14.3 Licensing Disclosure: Coach represents that all required business licenses and professional credentials are current and in good standing. Client acknowledges receiving disclosure of Coach's credentials and scope of practice.

14.4 Scope of Practice Compliance: Coach will not exceed the scope of coaching services by providing:

• Medical, psychological, or psychiatric services
• Legal advice or representation
• Financial planning or investment advice (unless separately licensed)
• Other professional services requiring specific licensure

15. European Union Consumer Rights (EU/EEA Residents Only)

15.1 Right of Withdrawal: EU/EEA consumers have the right to withdraw from this contract within 14 days without giving reasons. The withdrawal period expires 14 days after the contract conclusion.

15.2 Waiver of Withdrawal Right: By requesting coaching services to begin within the withdrawal period and acknowledging this waiver, Client agrees to waive the withdrawal right once services commence.

15.3 Consumer Protection: This Agreement does not limit statutory consumer rights under applicable EU/EEA consumer protection laws.

16. General Provisions

16.1 Entire Agreement: This Agreement constitutes the complete agreement between the parties.

16.2 Modifications: Modifications must be in writing and signed by both parties.

16.3 Severability: Invalid provisions do not affect the validity of remaining provisions.

16.4 Assignment: Neither party may assign this Agreement without written consent.

16.5 Counterparts: This Agreement may be executed in counterparts, including electronic signatures.

17. Contact Information and Data Controller Details

Coach/Data Controller: Kerstin K. Leadership Consulting, LLC [Business Address] California, USA Email: [your email] Phone: [your phone]

EU Representative (if applicable): [If you regularly serve EU clients, you may need an EU representative under GDPR]

Signatures

Client:

Signature: _____________________
Print Name: _____________________
Date: _____________________
Location: _____________________

By signing below, I acknowledge that I have read, understood, and agree to be bound by all terms of this Agreement.

For EU/EEA residents: I acknowledge my rights under GDPR and applicable consumer protection laws.

Coach:

Signature: ___Kerstin Kirchsteiger_
Print Name: Kerstin Kirchsteiger
Title: Owner, Kerstin K. Leadership Consulting, LLC
Date: ____08/07/2025____

Appendix: Data Processing Information for EU/EEA Residents

Data Controller: Kerstin K. Leadership Consulting, LLC
Purpose of Processing: Provision of coaching services, business administration
Legal Basis: Contract performance, legitimate interests
Recipients: Third-party payment processors, video conferencing platforms (when necessary)
Retention Period: As specified in Section 5.3
Rights: As specified in Section 5.3
Complaints: Right to lodge complaint with supervisory authority in your country