This Agreement is being made between Kristie Amadio Specialty Consulting Limited - Trading as 'Recovered Living' and the person whose signature appears at the bottom of this document (“Client” or “you”). Please note that any reference in this Agreement to “Recovered Living,” “us,” or “we” means Kristie Amadio Specialty Consulting Limited (a company registered in New Zealand). We both legally agree to the terms set out in this Agreement.
Coaching is a relationship between people that works in part because of clearly defined rights and responsibilities held by each person. This Client-Coach Service Agreement (“Agreement”) contains important information about our relationship. As a client of Recovered Living, you have certain rights and responsibilities. There are also legal limitations to those rights we would like you to be aware of. As a provider of the Services, we have corresponding responsibilities to you. These rights and responsibilities are described in this Agreement.
When you sign this Agreement, it will represent an agreement between you and us with respect to your participation in the Recovered Living program (the “Program”), which consists of the Services. We are happy to discuss with you any questions you have prior to you signing this Agreement or at any time in the future prior to your session. Please contact Recovered Living via email at [email protected]
Scheduling and Timing
You may schedule appointments via our website www.recoveredliving.com or liaise with your Coach at the end of your session. Please come prepared to start and end your sessions on time.
Contacting Recovered Living or Your Coach
You may contact us on the email address or phone number listed at the bottom of this website at any time for administrative purposes. We will endeavour to respond within 24 hours on a weekday. Should you need to contact your Coach to ask a question, reschedule, or cancel a session they can be reached via email at the address provided to you on the confirmation email from your session. If there is a personal emergency or health concern, we are not a medical facility. In this event you need to go to your local hospital or call the appropriate emergency number for your country.
Any information discussed between you and your Coach during a session is confidential. This does not include information that we knew before the day you sign this Agreement, information that was gained by a third party where we had no knowledge that the information was confidential, or information that was publicly available through no breach of confidentiality by us. Please note that there are some limitations to confidentiality of which you need to be aware. We will only use and share your confidential information as follows:
- Your Coach may consult with a supervisor or other professional in order to give you the best service.
- With your written permission, we may share your information with a third party, such as your outpatient team.
- We may share your information with third parties where required by law. Specifically, if we are concerned about the potential of harm to yourself or others, we are required by law to reveal information about you to other persons or agencies without your consent. In such situations, we are not required to inform you of our actions, however where possible, we will endeavour to do so.
Your Coach may keep records of your sessions. These records are kept to ensure a clear direction to your sessions and continuity in service. Records will be kept for at least 7 years but may be held for longer. Records will be kept either electronically or in a paper file and stored in a locked cabinet in our office or the Coach’s office.
Personal Responsibility, Disclaimer & Release of Claims
By receiving Services, you acknowledge that we exclusively offer specialized coaching services to complement outpatient eating disorder treatment. We do not provide medical, psychotherapy or specific nutritional advice (unless these services are being provided by a Recovered Living Coach who is, by their license able to provide therapy, counselling or dietetic services to you). Our Services should not be relied upon as medical advice.
If your coaching sessions bring up any challenges or issues, you agree to take responsibility for your own well-being. While a Coach may offer insights, suggestions or feedback, only you (and not Recovered Living or your Coach) are ultimately responsible for the choices you make. You acknowledge that you take full responsibility for yourself and all decisions made before, during and after your Services.
Fees and Payment
You agree that you engaging in our services by choice and are financially willing and able to do so. Fees for virtual coaching sessions are listed on the Recovered living website www.recoveredliving.com.
Virtual coaching session rates apply as a base rate for face-to-face sessions. A travel fee will be added depending on the time taken to travel to your location. This will be agreed upon with your Coach, as individual locations differ.
Transition Assistance (24/7 Live-in) Services:
On request we can send you Appendices A and B for fees and terms.
You may also request additional services from us that are not listed above. Any such additional services shall be agreed upon by you and us in writing separately from this Agreement.
When self-scheduling online, full payment is required at the time of booking. Should you prefer to pay by bank transfer please email [email protected] to arrange this. If paying by a third party provider such as PayPal or similar you recognize (search leaving RL site recognize) and assume responsibility
If we provide you with a monthly invoice, you are required to pay it by the date due on the invoice, or your participation in our services will be put on hold until payment is made.
It is our intention for you to be happy with our Services. Should you choose to discontinue Services, we will refund the amount charged for Services that have not yet taken place. However, because we have invested considerable time and effort in your Services, no refunds will be provided for Services you have already received.
Other terms and conditions
We and your Coach intend to work with you within the scope of our knowledge and experience. Therefore, if we believe it is in your best interests to seek alternate assistance, we reserve the right to refer you to an alternate practitioner. However, please note that while we make our best efforts to refer you to competent practitioners, a referral is not an endorsement and we make no guarantees about the quality of any referrals we make. Therefore, neither we nor your Coach is responsible for any products or services you purchase or receive through a referral.
In the case of sessions via videoconferencing, it is possible that unforeseen disruptions to the Internet connection may occur that are beyond our reasonable control. In the event this transpires, the party whom is experiencing the issue will briefly attempt to rectify the situation. In the event the Internet issue is unable to be resolved, the session will be completed via phone, FaceTime or other means deemed acceptable by both the Coach and yourself. We are not responsible for any loss of time, data, information or otherwise for any disruption to the Internet connection or delivery of our Services through videoconferencing, phone, or other technological means.
Changes to this Agreement, Waiver, Severability & Entire Agreement
The terms of this Agreement cannot be modified, supplemented, or amended unless agreed to in writing by both you and us. The waiver of any term in this Agreement shall not be considered a waiver of any other terms of this Agreement.
If any term in this Agreement is found to be void or voidable, the remaining terms of the Agreement are unaffected, and deemed to remain in full force and effect.
This Agreement shall be construed according to the laws of New Zealand, irrespective of its conflicts of laws principles. We both agree to submit to the non-exclusive jurisdiction of the Courts of New Zealand in relation to this Agreement.
Except as expressly provided otherwise in this Agreement, you agree to resolve any dispute, claim, or controversy with us in the following manner. First, we both agree to attempt in good faith to resolve the dispute informally. Second, if the dispute is not resolved through informal resolution, we both agree to attempt in good faith to resolve the dispute through mediation administered by AMINZ (Arbitrators and Mediators Institute of New Zealand), which shall take place in Dunedin, New Zealand, and the costs of which shall be divided equally between you and the us. Third, if the dispute is not resolved through informal resolution and mediation, we both agree to participate in binding arbitration administered by AMINZ, which shall take place in Dunedin, New Zealand.
We both agree that, in the event of arbitration, or in the event of a lawsuit as permitted by this Agreement or otherwise, the prevailing party shall be entitled to costs and fees (including reasonable attorneys’ fees). We also both agree that arbitration shall be confidential, and neither you, nor us, nor the arbitrator may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. There shall be no right or authority for any claims subject to this arbitration clause to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general). If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.
WITHOUT LIMITING OUR RIGHTS UNDER THIS AGREEMENT, OUR LIABILITY AND THAT OF YOUR COACH FOR ANY CAUSE OF ACTION THAT ARISES OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY SERVICES PROVIDED TO YOU BY US OR YOUR COACH IS LIMITED AND SHALL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE SERVICES IN THE SIX MONTHS PRIOR TO THE INCIDENT(S) GIVING RISE TO THE CAUSE OF ACTION, REGARDLESS OF WHETHER THE CAUSE OF ACTION IS BASED IN TORT, CONTRACT OR ANY OTHER FORM OF LIABILITY. UNDER NO CIRCUMSTANCES WILL RECOVERED LIVING OR YOUR COACH BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND.
EXCEPT FOR THE EXPRESS WARRANTIES IN THIS AGREEMENT, WE DISCLAIM ANY OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED.