Kyros Coaching LLC – Services Agreement

This is a Contract between Kyros Coaching, LLC (the “Company”) and you, the client (hereinafter “You” or “Client”).  We are pleased that you have found us and are considering our services.  If you have not done so already, please review our website in its entirety so that you can learn more about the services we offer and about our primary coach, Sarah Kyros.  While at present it is Sarah’s intent to be the coach for all clients, it is possible that in the future, she will engage additional coaches.  You will be informed of this before you are contacted by any other coach.  All coaching will be conducted in accordance with the Company’s methodology and training.  Your coach is hereinafter referred to as the “Coach.”

You are reviewing the terms of this Contract because you wish to book an introductory appointment with the Company.  You must agree to these terms before the appointment can be booked and we can meet.  THE COMPANY PROVIDES THE SERVICES SOLELY ON THE TERMS AND CONDITIONS SET FORTH IN THIS CONTRACT AND ON THE CONDITION THAT YOU ACCEPT AND COMPLY WITH THEM. BY CLICKING THE BUTTON TO BOOK AN APPOINTMENT WITH THE COMPANY, YOU (A) ACCEPT THIS CONTRACT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS; AND (B) REPRESENT AND WARRANT THAT YOU ARE 19 YEARS OF AGE OR OLDER AND HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THIS CONTRACT.

Unless otherwise agreed, meetings will be face-to-face online.  We will facilitate the invitation through the platform we have engaged for this purpose.  You will have an exclusive meeting room for your sessions with the Coach.

1) First meeting; scheduling and appointments

Your first meeting with your Coach is a no-fee “get to know you” session to confirm that you and the Coach are a good fit.  The Coach will also walk you through the Company’s services and engagement process, including the proposed schedule(s) and the necessity of your completion and execution of a Development Plan as a roadmap for proceeding for transformation engagements.  If you complete and execute the Development Plan, you will be agreeing to a coaching engagement and schedule of coaching sessions.  The relationship between you and the Company will then be governed not only by this Coaching Contract, but by the Terms and Conditions set forth on Exhibit A, which you will be asked to read and agree to as a part of the Development Plan.  If you choose to move forward with other services offered, your booking of additional appointments shall constitute agreement to this entire Coaching Contract.

If you, and/or the Coach, elect not to proceed with one of the available services at the end of the first meeting, this relationship will terminate.    The remainder of this Contract assumes that the parties have agreed to proceed with a coaching relationship.

Schedule: It is extremely important that both of us adhere to a schedule of coaching.  However, we know that life events happen that can impact that schedule.  You may use our calendar application to change an appointment with your Coach 36 hours before any appointment. Proposed changes that are greater than 24 hours, but less than 36 hours, before any appointment must be confirmed with that Coach via email.  The Company will charge for any session this is required to be, but is not, confirmed; any session that is cancelled with less than 24 hours’ notice; and any session for which you are a no-show, unless (in each case) you can provide a doctor’s note or other suitable evidence of your inability to attend that session.  If you are habitually late (e.g., 10 minutes or more) for sessions, or reschedule more than 3 times in any 2 month period, the Coach’s ability to provide meaningful service may be greatly diminished, and  the Company will have the right to terminate this Contract and your relationship without liability to it.  In order to avoid short-changing other clients, the coach will endeavor to conclude all sessions promptly at the close of the scheduled time.

Calls:  Outside Contact:  The Coach will not be available for communications outside of a session unless otherwise expressly agreed by you and Company.

2) Services

All services are part of a coaching engagement will be conducted in support of the purpose and outcomes agreed upon as part of the Development Plan.  Our service offerings and fee structures are set forth on Schedule 1 to Exhibit A.  All other services are offered in support of the client’s stated desired outcome.

DISCLAIMER:  THE COMPANY DOES NOT OFFER PHYSICAL OR MENTAL HEALTH SERVICES.  THE COACH IS NOT A DOCTOR OR A LICENSED THERAPIST.  YOU WILL NOT RECEIVE HEALTH-RELATED SERVICES AS A PART OF THE SESSION, AND ARE RESPONSIBLE FOR OBTAINING SUCH SERVICES OUTSIDE OF THIS AGREEMENT.  WE ENCOURAGE YOU TO TELL THE PROVIDER(S) OF THESE SERVICES ABOUT THE COACHING YOU WILL RECEIVE FROM THE COMPANY.

With any multi-conversation coaching engagements / packages, you must communicate with us openly and honestly, and take the time to make a best effort to complete any “homework” (awareness activities, practices, or suggested assignments) that your Coach may give you to complete between, and after, sessions.  Your failure to either openly share experiences or roadblocks in attempting the offered “homework” or a continued pattern not to attempt the “homework” are also grounds for termination of this Contract by Company.

EVERY CLIENT’S RESULTS WILL BE DIFFERENT, AND YOU ARE ALWAYS RESPONSIBLE FOR YOUR OWN SUCCESS.  THE COMPANY DOES NOT GUARANTEE OR WARRANT THE SERVICES IN ANY WAY, INCLUDING BY GUARANTYING OR WARRANTING THAT THE COACHING YOU WILL RECEIVE WILL SATISFY YOUR GOALS OR BE “SUCCESSFUL,” AS YOU MAY DEFINE “SUCCESS.”

3) Payment and Fees

Our fees are stated in Schedule 1 to Exhibit A and are payable in advance unless otherwise agreed by you and the Company. All payments are nonrefundable.  If you, or we, terminate the relationship before the then-current term of sessions that we have agreed to, as provided for below, you will not owe the amounts that you would have paid for future sessions.

4) Limited Liability

IN NO EVENT SHALL COMPANY OR THE COACH BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, SPECIAL OR INDIRECT DAMAGES (INCLUDING LOST PROFITS) OF ANY KIND ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY ACT OR OMISSION OF THE COMPANY OR COACH UNDER THIS AGREEMENT, WHETHER SUCH DAMAGES ARISE FROM BREACH OF CONTRACT, NEGLIGENCE OR FROM ANY OTHER CAUSE WHATSOEVER, AND WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN AND EVEN IF THE COMPANY OR COACH HAD BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY’S MAXIMUM LIABILITY FOR ANY CLAIMS THAT MAY BE BROUGHT BY YOU UNDER, OR RELATED TO, THIS AGREEMENT SHALL BE LIMITED TO, AND NOT EXCEED, THE FEES PAID BY YOU TO COMPANY UNDER THIS AGREEMENT.

5) Confidentiality

The Services and information shared by you are governed by the confidentiality principles of the International Coaching Federation Code of Ethics. Company hereby agrees not to disclose any information provided by you without your prior consent, provided, however, that it may disclose information to any government or private authority pursuant to its coaching certification obligations.

6) Miscellaneous

This Coaching Contract, including Exhibit A, which is incorporated herein and made part of this Agreement by this reference, constitutes the complete Agreement between the Parties with respect to the Services, and no modification or alteration in the terms hereof, including the terms of Exhibit A attached hereto, shall be effective unless made in writing and signed by the parties. Nothing in this Agreement is intended or shall be construed to give any person other than you and the Company or our respective successors or assigns any legal or equitable right, remedy or claim under or with respect to this Agreement or any of the provisions contained herein. Neither this Agreement nor any rights or obligations hereunder may be assigned or otherwise transferred by you without the prior written consent of the Company, in its sole discretion. The Company is an independent contractor, and nothing in this Agreement shall be construed to establish a relationship of employer and employee, co-partners or joint venturers between you and the Company.  This Agreement and the rights and obligations of the parties shall be governed by and construed in accordance with the laws of Nebraska, without giving effect to the principles thereof relating to conflict of laws.  Any litigation between the parties may only be brought in the local, state or federal courts located in Douglas County, Nebraska.

EXHIBIT A

TERMS AND CONDITIONS

THESE TERMS AND CONDITIONS ARE BY AND BETWEEN KYROS COACHING LLC, A NEBRASKA LIMITED LIABILITY COMPANY (“KYROS“) AND THE INDIVIDUAL INTENDING TO PURCHASE THE SERVICES (“CLIENT“, AND TOGETHER WITH KYROS, EACH A “PARTY” AND COLLECTIVELY THE “PARTIES“).

1. Services. Kyros agrees to provide the coaching services described on Schedule 1 attached hereto (collectively, the “Services”) to Client during the Term (as defined below). The Services shall be performed via Zoom, unless otherwise agreed by the Parties.
2. Fees. Client agrees to pay Kyros the fees for the Services in the manner and in the amount set forth on Schedule 1 (the “Fees”). If payment is not made in accordance herewith, the outstanding amount due shall accrue interest at the highest rate allowed by law.
3. Term; Termination. This Agreement shall be effective upon the Effective Date and shall expire upon the completion of the agreed upon number of coaching sessions as set forth on Schedule 1 (the “Term”). This Agreement may be terminated by either Party at any time for any reason, provided, however, that any Fees paid by Client as of the date of termination shall be non-refundable.
4. Coaching Materials. Client acknowledges that the coaching materials provided by Kyros (the “Coaching Materials”) are considered the valuable, confidential and proprietary information of Kyros. Client acknowledges that all right, title and interest in the Coaching Materials are the sole property of Kyros, and Client hereby assigns (and agrees to assign) any and all present and future rights it may have therein to Kyros. Client shall take no action that is inconsistent with the acknowledgement in the preceding sentence, and shall refrain from using or disclosing such Coaching Materials in any manner except as expressly authorized under this Agreement.
5. Independent Contractor. Client hereby acknowledges that Kyros is an independent contractor engaged in the operation of its own business and is not the agent of Client for any purpose whatsoever. Nothing in this Agreement shall be construed to establish a relationship of employer and employee, co-partners or joint venturers between Kyros and Client.
6. Confidentiality. The Services and information shared by Client are governed by the confidentiality principles of the International Coaching Federation Code of Ethics. Kyros hereby agrees not to disclose any Client information without Client’s prior consent, provided, however, that Kyros may disclose Client information to any government or private authority pursuant to Kyros’ coaching certification obligations.
7. Results; No Warranty. Kyros makes no representation or warranty concerning the results to be achieved by Client in connection with the performance of this Agreement or the Services, and Kyros shall not have any liability to Client based thereon. KYROS EXPRESSLY DISCLAIMS ALL WARRANTIES, PROMISES OR OTHER OBLIGATIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY AND ALL OTHER WARRANTIES, PROMISES OR OBLIGATIONS ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.
8. Force Majeure. Kyros shall not be liable for any default or delay in providing the Services due to any cause beyond the reasonable control of Kyros, including, but not limited to failures of technical equipment.
9. Miscellaneous. This Agreement, including Schedule 1, which is incorporated herein and made part of this Agreement by this reference, constitutes the complete Agreement between the Parties with respect to the Services, and no modification or alteration in the terms hereof, including the terms of Schedule 1 attached hereto, shall be effective unless made in writing and signed by the Parties. Nothing in this Agreement is intended or shall be construed to give any person other than Client or Kyros or their respective successors or assigns any legal or equitable right, remedy or claim under or with respect to this Agreement or any of the provisions contained herein. Neither this Agreement nor any rights or obligations hereunder may be assigned or otherwise transferred by Client without the prior written consent of Kyros, in its sole discretion. This Agreement and the rights and obligations of the Parties shall be governed by and construed in accordance with the laws of Nebraska, without giving effect to the principles thereof relating to conflict of laws agrees not to disclose any Client information without Client’s prior consent, provided, however, that Kyros may disclose Client information to any government or private authority pursuant to Kyros’ coaching certification obligations.

Updates

We reserve the right to update this policy at any time by updating this page without notice to you. You are advised to review this policy periodically for any changes.

Last updated:

SCHEDULE 1

COACHING SERVICES AND FEES

Stripe Invoicing is used for all invoices unless Client desires an alternative (contact to discuss options).

Unless otherwise stated, invoicing schedule will generally be as follows for Coaching Engagements:

• Invoice will be sent within a three day window relative to the applicable events listed below:
  • Contract execution (signatures)
  • Specified duration from contract signing
  • Completed coaching conversation
• Invoices will be due within 7 business days

Personal Transformation Engagements

Become Bravery

30 coaching conversations

Typical Duration: 14 months when clients choose to meet biweekly

Engagement Includes:

• 90—120 min Deep Discovery Conversation (1)
• Multifaceted, Bespoke Development Plan (2) including…
  • Observations Summary
  • Agreed upon Purpose & (3—5) Outcomes
  • Supportive metaphors
  • Beginning Self-Awareness Activit(ies)
  • Beginning Practice(s)
  • Beginning supportive Resource(s) and Assignment(s) (as appropriate)
  • Supportive deep question & possibility
  • Reminder slogan(s)
• Subsequent Coaching Conversations (3—13) with…
  • Insight(s) identified
  • Adjustments & additions to development plan
  • New resources as appropriate
  • 2nd Discovery conversation (optional) and updates to original development plan
• Second Deep Discovery Conversation optional and updates to original development plan (14—15)
• Subsequent Coaching Conversations (16—29)
• Closing Reflection & Evolution Conversation to support continued development (30)

Investment Options

If Coach and Client are both Red Hat employees, the Red Hat Investment Terms (see below) apply.

Otherwise, Client may select one of the two following payment plans:

Prepaid Package Eligibility: Beyond Bravery

Completion of a Become Bravery engagement makes Client eligible to purchase a Beyond Bravery prepaid, discounted coaching package.
Current Beyond Bravery terms are as follows:

Dare to Dream

16 coaching conversations

Typical Duration: 7 months when clients choose to meet biweekly

Engagement Includes:

• 60—90 min Deep Discovery Conversation (1)
• Multifaceted, Bespoke Development Plan (2) including…
  • Observations Summary
  • Agreed upon Purpose & (3) Outcomes
  • Supportive metaphors
  • Beginning Self-Awareness Activit(ies)
  • Beginning Practice(s)
  • Beginning supportive Resource(s) and Assignment(s) (as appropriate)
• Subsequent Coaching Conversations (3—15) with…
  • Insight(s) identified
  • Adjustments & additions to development plan
  • New resources as appropriate
• Closing Reflection & Evolution Conversation to support continued development (16)

Investment Options

If Coach and Client are both Red Hat employees, the Red Hat Investment Terms (see below) apply.

Otherwise, Client may select one of the two following payment plans:

Prepaid Package Eligibility: Deliberately Daring

Completion of a Dare to Dream engagement makes Client eligible to purchase a Deliberately Daring prepaid, discounted coaching package.

Current Deliberately Daring terms are as follows:

Special Offer: Explore an Edge

16 coaching conversations

Typical Duration: 7 months when clients choose to meet biweekly

Engagement Includes:

• 60—90 min Deep Discovery Conversation (1)
• Multifaceted, Bespoke Development Plan (2) including…
  • Observations Summary
  • Agreed upon Purpose & (3) Outcomes
  • Supportive metaphors
  • Beginning Self-Awareness Activit(ies)
  • Beginning Practice(s)
  • Beginning supportive Resource(s) and Assignment(s) (as appropriate)
• Subsequent Coaching Conversations (3—15) with…
  • Exploration and unfolding experiences
  • Insight(s) identified
  • Adjustments & additions to development plan
  • New resources as appropriate
• Closing Reflection & Evolution Conversation to support continued development (16)

All coaching conversations will be recorded using Zoom (which allows for both videos to be recorded & displayed side-by-side) .  Occasionally, videos (typically segments) will be reviewed and discussed with the coach’s current course faculty for the purposes of supporting the coach’s ongoing learning and development.

Investment Options

If Coach and Client are both Red Hat employees, the Red Hat Investment Terms (see below) apply.

Otherwise, Client may select one of the three following payment plans:

Prepaid Package Eligibility: Exploration Expansion

Completion of an Explore an Edge engagement makes Client eligible to purchase one of the following:

• If an active special offer is available and Client is willing to continue with prior terms of completed special offer, Client is eligible to purchase an Exploration Expansion prepaid coaching package per terms below.
• If no special offer is available or Client does not wish to continue with prior terms, Client is eligible to purchase a Deliberately Daring prepaid coaching package. See Deliberately Daring section (above) for current terms.

Current Exploration Expansion terms are as follows:

Three-Conversation Series

Ignite Your Intuition

3 coaching conversations

• 60-90 min Deep Dive Conversation (1) to identify a single, clear outcome and related insight(s)
• Curated Practices & Resources (2) including…
  • Beginning Self-Awareness Activit(ies)
  • Beginning Practice(s)
  • Supportive Resource(s) and Assignment(s) (as applicable and appropriate)
• Closing Check-In reflecting on experiences with activities and practices (3)
  • Adjustments & additions to activities and practices as appropriate
  • New resources as appropriate

Investment Options

If Coach and Client are both Red Hat employees, the Red Hat Investment Terms (see below) apply.

Otherwise, Client may select one of the two following payment plans:

Prepaid Package Eligibility: Walk in Wonder

Completion of an Ignite Your Intuition series makes Client eligible to purchase a Walk in Wonder prepaid coaching package.  Refer to the Walk in Wonder section (below) for current terms.

Single Coaching Conversations

Wonder to Insight

1 coaching conversation

• Goals of any/all coaching conversations:
  • Acknowledge new truth(s)
  • Identify insight(s)
  • Identify at least one step toward better
• If applicable to the coaching topic, the coach may offer a related resource, practice, and/or awareness activity

Investment Options

• Payments for most appointments due upon booking
• Current & former coaching engagement clients may opt for invoicing upon completion of the conversation, then due within 7 business days.

Prepaid Package Eligibility: Walk in Wonder

Completion of a five Wonder to Insight Coaching Conversations or an Ignite Your Intuition series makes Client eligible to purchase a Walk in Wonder prepaid, discounted coaching package.

Current Walk in Wonder terms are as follows:

Expertise Exchange Discussions

Expertise Exchange

1 expertise exchange discussion

• Goals Expertise Exchange discussions are as follows:
  • Allow for open questions and dialogue.
  • Provide client with information based on practical, lived experience.
• If applicable to the discussion, the coach may offer a related resource or reference during or following the discussion

Investment Options

• Payments for most appointments due upon booking
• Current & former coaching engagement clients may opt for invoicing upon completion of the conversation, then due within 7 business days.

Prepaid Package Eligibility: Explore Experience

Completion of five Expertise Exchange Conversations makes Client eligible to purchase an Explore Experience prepaid, discounted package.

Current Explore Experience terms are as follows:

Red Hat Investment Terms

For the duration that Client and Coach are both employees at Red Hat, there are no monetary fees associated with coaching services.  The required exchange between Coach & Client consists of written feedback at least 1-2 times during an active coaching engagement (to be used for the coach’s professional development and advancement) and once upon completion of an active engagement.

If either Client or Coach leaves employment at Red Hat, Client may choose whether to continue the coaching relationship.  If the client desires to move forward, options to continue are as follows:

• For Clients currently in an active Coaching Engagement:
• Option 1:  single Reflection & Evolution Conversation following the date of employment change to close an engagement and support continued self-development at no cost to Client
• Option 2:  purchase the remaining coaching conversations a payment plan of Client’s choosing, prorated based on number of conversations remaining in the Coaching Engagement
• For Clients not in an active Coaching Engagement at the time of an employment change:
• Option 1:  completion of a single, already scheduled Coaching Conversation (or Expertise Exchange) at no cost to Client; additional conversations may be arranged via options 2 or 3 below
• Option 2:  if Client has previously completed a Coaching Engagement, Client is eligible to purchase a specific, discounted package of prepaid coaching conversations
• Option 3:  if Client has not previously completed a Coaching Engagement, Client may choose an available service or coaching engagement per current terms at the time of booking