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Executive coaching terms and conditions

1) Marengo-Client Relationship 

A. Marengo agrees to maintain the ethics and standards of behavior established by Columbia Executive Coach Certification.  

B. 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 calls and interactions with Marengo. As such, the Client agrees that Marengo 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 Marengo. Client understands coaching is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease. 

C. Client further acknowledges that he/she may request a new coach at any time by reaching out to support@yourmarengo.com

D. Client acknowledges that coaching does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association and that coaching is not to be used as a substitute for counseling, 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 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 Marengo. 

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

2) Procedure 

The time of the coaching meetings and/or location will be determined by Coach and Client based on a mutually agreed upon time.

3) Confidentiality 

This coaching relationship, as well as all information (documented or verbal) that the Client shares with Marengo as part of this relationship, is bound by the principles of confidentiality set forth in the Columbia Executive Coaching Code of Ethics. However, please be aware that the Marengo - Client relationship is not considered a legally confidential relationship (like the medical and legal professions) and thus communications are not subject to the protection of any legally recognized privilege. Marengo agrees not to disclose any information pertaining to the Client without the Client’s written consent. Marengo will not disclose the Client’s name as a reference without the Client’s consent. Confidential Information does not include information that: (a) was in Marengo’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 Marengo from a third party, without breach of any obligation to the Client; (d) is independently developed by Marengo without use of or reference to the Client’s confidential information; or (e) Marengo is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to Marengo and as a result of such disclosure Marengo reasonably believes there to be an imminent or likely risk of danger or harm to the Client or others; and (g) involves illegal activity. The Client also acknowledges his or her continuing obligation to raise any confidentiality questions or concerns with Marengo in a timely manner. 

4) Cancellation Policy 

Client agrees that it is the Client's responsibility to cancel the meeting via email, text, or call 1 hour in advance of the scheduled video call. Marengo will attempt in good faith to reschedule the missed meeting. 

5) Limited Liability 

Except as expressly provided in this Agreement, Marengo 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. In no event shall Marengo be liable to the Client for any indirect, consequential or special damages. Notwithstanding any damages that the Client may incur, Marengo’s entire liability under this Agreement, and the Client’s exclusive remedy, shall be limited to the amount actually paid by the Client to Marengo under this Agreement for all coaching services rendered through and including the termination date. 

6) Entire Agreement 

This document reflects the entire agreement between the Coach and the Client, and reflects a complete understanding of the parties with respect to the subject matter. This Agreement supersedes all prior written and oral representations. The Agreement may not be amended, altered or supplemented except in writing signed by both Marengo and the Client. 

7) Dispute Resolution 

If a dispute arises out of this Agreement that cannot be resolved by mutual consent, the Client and Marengo agree to attempt to mediate in good faith for up to (30 days) after notice given. If the dispute is not so resolved, and in the event of legal action, the prevailing party shall be entitled to recover attorney’s fees and court costs from the other party. 

8) Severability 

If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 

9) Waiver 

The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement. 

10) Applicable Law 

This Agreement shall be governed and construed in accordance with the laws of the State of Louisiana, without giving effect to any conflicts of laws provisions. 

11) Binding Effect 

This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns. 

12) Intellectual Property Ownership. Except as expressly set forth herein, as between the Parties, each Party is and shall remain the owner of all Intellectual Property that it owns or controls as of the Effective Date or that it develops or acquires thereafter.