TERMINATION AND REFUND POLICY OF SEGAL COACHING LLC
As of October 3, 2022
We are changing our minds (and our policy) regarding terminations and refunds.
As of October 2022, not only are we offering more ways for clients (“you”) to engage with Segal Coaching LLC (“we” or “us”), we are also adding termination and refund rights to each of our service options.
The terms of this Termination and Refund Policy (the “Refund Policy”) apply to both new and on-going engagements. Existing clients will need to consent to this policy (either directly or by payment of an invoice with the policy attached) if they engage us for additional services.
Full List of Services Available
If you would like to view our current Schedule of Services, it is available on our website at www.annemariesegal.com/engagements.
What Happens If You Need or Want to Terminate Our Agreement Early
First Twenty-Four Hours of an Intake Session
All Clients: At any time prior to or within the first twenty-four (24) hours of your initial intake session, you may terminate for any reason and request a full refund of all amounts paid less your $1,500 deposit. We hope it is never the case that a client would need or want to choose this option, but if it’s just not working out or your situation has unexpectedly changed, we understand.
For example, if your intake session is on Tuesday at 9:00-11:00 am ET, and you let us know by the next day (Wednesday) at 11:00 am ET that you want to terminate the coaching agreement with us and request a refund, you can do that with email notice to email@example.com.
After that point (the “Intake Period”), one or more of the following sections (depending on your service option) will apply.
Your Termination of the Coaching Relationship
Following the Intake Period, you can terminate our coaching relationship at any time by terminating your coaching agreement with us. You can terminate the agreement by giving us forty-eight (48) hours’ notice via email to firstname.lastname@example.org.
If you have paid in full, coaching sessions remain in your current package at the time of termination and you have not Failed to Respond (as defined below), you can request a refund for the higher of: (a) 75% of the remaining value of your unused coaching sessions or (b) the entire remaining value of such sessions less $1,000.
If you prefer to put your coaching sessions on hold rather than terminating our agreement (which would require a new agreement if you later wished to engage us again), please refer to Section 5 of your coaching agreement (and Section 7(d) to which it refers), which are also attached below and will apply to any continuing clients who signed a coaching agreement with us prior to the date above:
Section 5: If one or more situations arise in your personal or professional life that require your full attention or if for any other reason you wish to continue working with us but temporarily suspend services, you may elect at your option to place a hold on your engagement for a period of up to three (3) consecutive months (a “Hold”) by giving five (5) business days’ advance notice to email@example.com. The effect of a Hold will be to keep your engagement current during the Hold period without the need for any further active involvement on your part.
During any Hold, you will incur a nominal fee of $75 per month (coaching engagements) or $125 per month (project-based engagements), payable at the end of the period. Following the Hold, you will jointly determine with us how to best re-engage on or redirect your coaching or project, as applicable, and optimize the continued relationship. Please note that any project deliverables under your engagement may be delayed for up to ten additional (10) business days following any Hold, depending on other projects and activities in our schedule at that time. We will attempt, when possible, to mitigate any delay. If you give notice of a Hold and, following the end of the Hold period, have Failed to Respond (as defined below), Section 7(d) of this Agreement will apply.
Section 7(d): If you are unresponsive to two or more requests by us (which will be delivered via email to the last email address from which you have communicated with us) to schedule further coaching or advance the objectives of (or complete) any project in respect of your current engagement and such failure to respond occurs for a period of forty-five (45) days or more (“Failed to Respond” or a “Failure to Respond”), a new engagement may be required if you desire (and we agree) to have us provide additional services for you, which will be at then-current rates. You acknowledge and agree that you do not have any right to a refund in the event of any Failure to Respond.
Section 7(d) above, in plain English, means you can’t “ghost” us for 45 days or more despite our efforts to communicate with you and then later ask us for a refund. Notwithstanding any other provision of this Refund Policy, if at any point in the engagement you have Failed to Respond, you will not be entitled to a refund.
Your Termination of Project Work
Following the Intake Period, provided you have not Failed to Respond, you can also cancel our further work on any projects by terminating your coaching agreement with notice via email to firstname.lastname@example.org.
By their nature, projects are more complicated in terms of refunds, because you cannot simply “return” (and not derive further benefit from) a first draft like you might return a watch or a pair of pants. Our first drafts are generally quite far along and reflect extensive thinking and planning around your personal value proposition and target audience(s), so often a first draft from us resembles (or exceeds) what you would expect from a polished, finished product.
If you have any open projects at the time of termination, the following will apply:
1) The project portion(s) of your refund (if any) will be calculated and determined separately from any coaching portion.
For example, if you terminated our agreement after the Intake Period and had 10 hours of unused coaching sessions and two projects underway, the coaching portion of your refund would be determined above, and the project portion(s) would be determined under this section.
2) If you engage us to deliver an “executive resume” or “board resume” as described on the Schedule of Services (and that document is not derived from a resume we drafted in the last twelve (12) months), such document will be referred to below as your “Base Resume.”
The total value of your Base Resume for purposes of this Refund Policy will be equal to seven hours under your current package. For example, as of the date hereof, the total value of the Base Resume portion, including the intake session, of a (a) Foundations I Suite is $3,266.66 and (b) Foundations II Suite is $3,171.88.
- If you give notice of termination following the Intake Period but prior to or within forty-eight (48) hours of our delivery of the first draft of your Base Resume, you can request a refund equal to one-and-a-half (1.5) hours under your relevant package. For example, as of the date hereof, the Base Resume refund under the scenario above would be $700.00 for a Foundations I Suite and $679.69 for a Foundations II Suite.
- Thereafter, no refunds are available for a Base Resume.
3) All other projects, following the Intake Period, shall be deemed “in progress” unless otherwise agreed in advance, even if you have not received a draft of the project.
We will make a good faith determination, in our discretion, of the remaining value of any project (including any resume project other than a Base Resume) that is in progress as of the date of termination and generally follow these guidelines in terms of refunds:
- For early-stage projects, 50% of the project value
- For later-stage projects, including any project for which a first draft has already been delivered, 25% of the total project value
What Happens if We Terminate the Agreement for Any Reason
As of September 2022, Anne Marie Segal is a member of the International Coaching Federation (“ICF”). The ICF Code of Ethics requires all coaches who are members to “respect all parties’ right to terminate the coaching relationship at any point for any reason during the coaching process subject to the provisions of the agreement.” [See www.coachfederation.org/ethics.]
Among other things, the termination right must be bilateral (i.e., it must allow that either you or we can terminate our coaching agreement), and it must be exercisable at any time for any reason.
Since you come to us to be “in good hands” and rely on our services, we have given ourselves very high standards in the event we were to terminate the coaching agreement with you.
If we terminate your coaching agreement prior to the end of your engagement:
- We will pay you a refund equal to the remaining value of any services for which you paid but have not received as of the termination date.
- If we are working on a project, and you have not yet delivered a final draft, unless (a) there are interim milestones (agreed in advance) that we have delivered or (b) we are billing you at an hourly rate as the project develops, you will be entitled to a refund for the full amount you paid for such project, except that we will not owe you a refund if we work diligently toward a final draft and have delivered at least three (3) successive versions of a document meeting your original specifications but have not yet received final approval from you.
- If you request it, in some cases we may be able to keep working on your project(s) and complete one or more final deliverables (including, if applicable, responding in the normal course to any questions or comments you have) or hold one or more final coaching sessions. If you elect this option, the relevant portion of the engagement would not be entitled to a refund for any project(s) we complete or sessions we hold after the date of termination, as applicable.
Requesting a Refund
If you believe we owe you a refund, please contact us at email@example.com to request (1) our determination of the amount owed (if any) and (2) initiation of the refund payment. Our determination of any amounts payable under this Refund Policy will be made in good faith and, in the case of any disagreement, shall be final.
The following shall also apply in the case of any termination of our agreement:
- If we determine any amounts are payable, we will initiate payment within ten (10) business days of your request for a refund.
- We have no obligation to provide any drafts, notes, work product or documentation whatsoever in the event of your or our termination of the coaching agreement, unless otherwise agreed.
- Refunds will be made in the same manner that the respective payment was made unless otherwise requested via email to firstname.lastname@example.org at the time of the refund request.
- We are not required to make any refunds whatsoever to any account that does not bear either the name from which payment was initially made or client’s name as it appears in the agreement.
- We are not responsible for any delays in your receipt a refund due to a request to change any account or other payment details or for any payment or hold period, delay or other action or inaction by any third-party (e.g., a payment processor) whatsoever.
- Only a Client (as defined in the respective coaching agreement) may terminate the agreement or request a refund under this policy, regardless of whether any other person or entity is an additional signer or makes one or more payments hereunder.
- Any request for a refund must be made either during the time period allocated to a package (if any) under the Schedule of Services (e.g., three (3) or ten (10) months) or within five (5) business days thereafter, except that in the case of a Hold or any other extension of your engagement, such period will be extended by the length of such Hold or extension, as applicable.
- Any Suite or Plan currently in progress (as of the date above) or renewal period or addition of hours that does not correspond to any package above will be extended a refund on the terms above that are the closest fit (e.g., a current Suite engagement for approximately 12 hours shall track the refund provisions of a Foundations I Suite), regardless of the names of such packages on the Schedule of Services provided to client under the coaching agreement. There are no refunds for any renewals or packages of less than six (6) hours on a single invoice. If for any reason, as a continuing client, you are billed “in arrears” (i.e., you were provided services before you paid for them), you will still owe us for those services, unless and until you request a refund and we determine the refund amount (if any) owed.
- This Refund Policy does not apply to any speaking engagements, cohorts, workshops or other programs offered by SC, which shall be governed by provisions relating to such other services.
- We may revise or amend this Refund Policy from time to time, but no amendment will be binding on you (except with your consent as outlined above) if the resulting refund amount would be less than the amount set forth above.
To download a copy of this policy for your records, please click on the below.