Terms & Conditions – Coaching & Counselling
These Terms & Conditions are owned and operated by Smithson Solutions trading as Daniel Picave. (“Daniel Picave”, “the organisation”, “we”, “us”, “the counsellor”) of 65 Linton Heath, Linton, Derbyshire, DE12 6PD. Email: email@example.com
These terms and conditions apply to all coaching and/or counselling services provided by Daniel Picave (“the counsellor”), to any individual or organisation (“the client”) and constitute the contract for the service to be provided by the organisation for the client. The term coaching and/or counselling as here used covers life coaching, personal development, general counselling, business coaching, corporate wellness services, neuro-linguistic programming therapy, cognitive behavioural therapy, rational emotive behavioural therapy, couples & relationship counselling, grief counselling, personal problem-focused counselling, mindfulness coaching and any other counselling products offered by Daniel Picave from time to time.
In the spirit of good practice, when procuring coaching and/or counselling services from Daniel Picave the client will be asked to confirm that these Terms & Conditions have been read and understood prior to commitment to proceed.
All coaching and/or counselling services and communication, email or otherwise, delivered by Daniel Picave as well as information on this website (danielpicave.com) are designed to help you work through the obstacles in your life which are hindering you from living your best possible life. Coaching and/or counselling is not a substitute for professional mental health care or medical care if your circumstances require it.
In committing to coaching and/or counselling with Daniel Picave, the client acknowledges:
An understanding that the coaching and/or counselling services received from Daniel Picave are not offered as a substitute for professional mental health care or medical care and are not intended to diagnose, treat or cure any mental health or medical conditions. You also understand that Daniel Picave is not acting as a medical professional.
For legal purposes, you understand that coaching and/or counselling is currently an unregulated industry.
You understand and agree that you are fully responsible for your well-being during your coaching and/or counselling sessions and subsequently, including your choices and decisions.
You understand that coaching and/or counselling is not a substitute for psychotherapy, psychoanalysis, mental health care or substance abuse treatment, and you will not use it in place of any form of medical therapy.
You understand that all comments and ideas offered by Daniel Picave are solely for the purpose of aiding you in achieving the defined goals you create with the organisation. You have the ability to give your informed consent, and hereby give such consent to Daniel Picave to assist you in achieving such goals and understand that results are not guaranteed.
You understand that to the extent the work with Daniel Picave involves personal development; personal, career or business, Daniel Picave is not promising outcomes included but not limited to trauma recovery, personal introspection, increased personal happiness, career progression, profitability and/or business success.
You understand that Daniel Picave will protect your information as confidential unless you state otherwise in writing. If you report child abuse, elder abuse or neglect or threaten to harm yourself or someone else, you understand that necessary actions may be taken and your confidentiality agreement may be limited in this capacity. Furthermore, if Daniel Picave is ordered by a court to provide information or to testify, the organisation will do so to the extent the law requires.
You understand that the use of technology is not always secure and you accept the risks of confidentiality in the use of email, text, phone, WhatsApp, Skype and any other technology.
You hereby release, waive, acquit and forever discharge Daniel Picave, any agents, successors, assignees, personal representatives, executors, heirs and employees from every claim, suit action, demand or right to compensation for damages you may claim to have or that you may have arising out of acts or omissions by yourself or by Daniel Picave as a result of the advice given by Daniel Picave or otherwise resulting from the coaching and/or counselling relationship contemplated by this agreement.
You further declare and represent that no promise, inducement or agreement not expressed in this agreement has been made to you to sign this agreement. This agreement shall bind your heirs, executors, personal representatives, successors, assignees, and agents.
Coaching and/or Counselling Schedule
The coaching and/or counselling schedule will be arranged between Daniel Picave and the client and can be booked up to 3 months in advance. Daniel Picave will recommend the frequency of coaching and/or counselling sessions based on a professional assessment of the client’s requirements. This recommendation, or plan, is not binding and may be altered and adjusted throughout the coaching and/or counselling journey by mutual agreement, in accordance with the terms set out in this agreement.
Where no specific number is agreed sessions will be provided on a session by session basis.
In return for the fees payable by the client (or by a third party on their behalf), Daniel Picave agrees to provide the service as described below and in accordance with the terms and conditions set out below. The client agrees to pay fees for the service on the terms and conditions set out below (in situations where a third party pays the fees, the third party counts as an agent acting on behalf of the client).
The date that the first coaching session takes place shall be deemed to be the start date for the service. Where any client is unhappy with any of the terms and conditions they can contact Daniel Picave to discuss any concerns and see if they can be resolved before the first coaching session. Participation by any individual in the first coaching session constitutes acceptance of these terms and conditions.
The fees associated with the provision of coaching and/or counselling services are appended to these terms & conditions and deemed to be an integral part.
Format of Sessions
Sessions are by phone, internet based communication channels or face to face by mutual agreement with the client. The length of each session is one hour unless a different timeframe is agreed at the time of booking the appointment. Sessions may over-run by mutual agreement and be paid for retrospectively, but only if Daniel Picave has no commitments immediately following the session.
Dates and Times of Sessions
The date and time of the first session and any subsequent session will be registered on the online agenda maintained on the website. Daniel Picave agrees to maintain availability to match that presented by the website, and to honour the sessions booked through the online bookings platform.
Sessions can only be rearranged in accordance with the section in these terms and conditions headed “Rearranging Sessions”.
Daniel Picave may assign the client tasks or exercises to complete between coaching and/or counselling sessions. There is no obligation on the client to complete these assigned tasks, but not doing so may slow the client’s progress in gaining improved quality of life or achieving desired personal or business outcomes.
The client may contact Daniel Picave by phone or email between sessions to seek clarification regarding anything arising from a coaching and/or counselling session or for administrative purposes (e.g. where a client needs to rearrange a coaching and/or counselling session or make a payment). Additional coaching and/or counselling can also be provided between sessions subject to additional fees. Daniel Picave will always advise a client in advance if the nature of a client’s contact is likely to incur an additional charge and no such charges will be imposed without the client’s agreement.
If a client needs to rearrange a coaching and/or counselling session, they should provide at least 48 hours notice. No refunds will be given to clients for unused coaching and/or counselling sessions unless 48 hours notice has been given. In exceptional circumstances Daniel Picave may need to rearrange a coaching and/or counselling session. In those instances the organisation will give the client 48 hours notice where practicable.
Where a client pays for a session or sessions in advance they must have the coaching and/or counselling session(s) that they have paid for within 6 months of the payment or their fee is forfeited.
Personal information or business information supplied by clients in coaching and/or counselling sessions will be treated as confidential. It will not be disclosed to a third party without the client’s prior permission, save where required by law or where action might be necessary to prevent harm to the client or someone else.
In exceptional circumstances, such as illness or unavailability due to bereavement or other commitments, inappropriate behaviour by the client, actual or potential conflict of interest, or other reasons, Daniel Picave can decide to terminate the service to the client early or refuse or be unable to provide further coaching and/or counselling sessions to the client. In any such circumstances the client will be given reasonable notice of termination by Daniel Picave where practicable and will be refunded any advance payments made for coaching and/or counselling sessions not yet provided.
Daniel Picave is committed to endeavouring to facilitate the client in improving their quality of life or level of business success and to achieve their desired outcomes. Remarkable results can be achieved where clients follow a clear plan in a committed way. However, the client has sole responsibility for taking important decisions in their life or business. Daniel Picave has no liability for any loss incurred by any client, whether financial or otherwise, following commencement of coaching and/or counselling sessions, or for any perceived failure by the client, whether justified or otherwise, to achieve a material improvement in trauma recovery, quality of life, career or business or to achieve their desired outcomes or goals.
Variation of Terms & Conditions
Where an initial number of sessions is agreed, any changes to these terms and conditions intended to take effect prior to the conclusion of those initial number of sessions will only have effect if agreed by both Daniel Picave and the client and confirmed by Daniel Picave in writing by email or letter. In other cases, Daniel Picave may change any of these terms or conditions including the fee by giving the client one week’s notice in writing by letter or e-mail of the change(s). If following receipt of such notification of change, the client no longer wishes to proceed with further coaching and/or counselling sessions, they may withdraw from the service immediately by giving notice in writing by email or letter and they will then be entitled to a full refund of any fees paid in advance for coaching and/or counselling sessions not yet provided. Such notice will be effective on receipt by Daniel Picave.
This contract is governed by the law of England & Wales whose courts have exclusive jurisdiction in relation to any dispute, disagreement, proceedings or legal claim of any nature relating to the service provided or the contract.