Welcome to Jay Martinez Coaching. This constitutes a contract between us (the “AGREEMENT”) and you should read it carefully and raise any questions and concerns that you have before accepting the terms of this agreement. It is your responsibility to share the terms and conditions of this agreement with anyone partaking in your coaching session/service for any reason.

The service to be provided by Jay Martinez are of a coaching nature as designed jointly with the client. I understand that Jay Martinez is not a medical doctor nor does he hold any type of licensing for therapy. I also understand that it is my responsibility to go see a doctor if I deem it necessary or have been vehemently recommended to do so by a friend or family member.

The fee for the initial assessment will be agreed upon by both parties, and once a plan is agreed upon, coaching sessions will be charged at the agreed upon rate per hour. No refunds whatsoever will be refunded. Fees for coaching sessions must be paid in advance by credit card by the first day of the month in which they are provided unless an alternative arrangement is agreed to in writing. You must also pay for collateral services within 30 days of billing. Services not paid for in advance will not be provided. You will have 15 minutes to show up for your appointment with video or phone, if you do not show up your appointment, it will be canceled. If you have a cancellation under these circumstances, you will be charged the entire fee for the session. You have the liberty and freedom to reschedule whenever necessary. However, you are required to give [24] hours notice if you need to cancel or change the time of an appointment. Otherwise, you will be charged for the session in full, the second such incident, and all future cancellations will be charged in its entirety. Jay Martinez reserves the right to reschedule the appointment as he deems necessary. Jay Martinez agrees that every effort will be made to reschedule sessions which are canceled in a timely manner.

I understand that this is a free will coaching and I am coming to Jay Martinez of my own accord. I also understand that I can cancel Jay Martinez’s services at any time. Professional time spent outside of coaching sessions, including, but not limited to, between-session phone calls or email exchanges, reviewing tapes of meetings, report writing, and reading or reviewing documents, will be billed on a prorated basis rounded up to the nearest tenth of an hour. If Jay Martinez is required to attend meetings outside of his offices, you will pay for all time he spends traveling to the location of such meetings. Jay Martinez will not be held liable for any of your personal relationships (nor anyone other persons attending your session). Nor will Jay Martinez be held liable for any of your personal or corporate finances (nor anyone other persons attending any of your sessions).

Clients will not be permitted to audio or video record the sessions under any circumstances. Clients are not allowed to use my website or my videos for any personal products, public display, or any type of merchandising. All disputes, controversies, or claims arising out of or relating to this agreement shall be submitted binding arbitration in accordance with the applicable rules of the American Arbitration Association then in effect and pay Jay Martinez one thousand dollars ($1000).

Coaching & Psychotherapy

While there are some similarities between coaching and psychotherapy, they are very different activities, and it is important that you understand the differences between them. Psychotherapy is a health care service and is usually reimbursable through health insurance policies. This is not true for coaching. Both coaching and psychotherapy both utilize knowledge of human behavior, motivation and behavioral change, and interactive counseling techniques. The major differences are the goals, focus, and level of professional responsibility.

The focus of coaching is development and implementation of strategies to reach client-identified goals of enhanced performance and personal satisfaction. Coaching may address specific personal projects, life balance, job performance, and satisfaction, or general conditions in the client’s life, business, or profession. Coaching utilizes personal strategic planning, values clarification, brainstorming, motivational counseling, and other counseling techniques.

The primary foci of psychotherapy are identification, diagnosis, and treatment of mental and nervous disorders. The goals of psychotherapy include alleviating symptoms, understanding the underlying dynamics which create symptoms, changing dysfunctional behaviors which are the result of these disorders, and developing new strategies for successfully coping with the psychological challenges which we all face. Most research on psychotherapy outcomes indicates that the quality of the relationship is most closely correlated with therapeutic progress. Psychotherapy patients are often emotionally vulnerable. This vulnerability is increased by the expectation that they will discuss very private personal data and expose feelings about themselves about which they are understandably sensitive. The past life experiences of psychotherapy patients have often made trust difficult to achieve. These factors give psychotherapists a substantially disproportionate power that creates a fiduciary responsibility to protect the safety of their clients and to “above all else, do no harm.”

The relationship between the coach and client is specifically designed to avoid the power differentials that occur in the psychotherapy relationship. The client sets the agenda, and the success of the enterprise depends on the client’s willingness to take

risks and try new approaches. This relationship is designed to be more direct and challenging. You can count on Jay Martinez, to be honest, and straightforward, asking compelling questions and using challenging techniques to move you forward. You are expected to evaluate progress, and when coaching is not working as you wish, you should immediately inform Jay Martinez so you and he can both take steps to correct the problem.

Because of these differences, the roles of coach and psychotherapist are often in potential conflict. Jay Martinez firmly believes that, under most circumstances, it is ethically inappropriate for one to play both roles with a client, whether concurrently or sequentially. Positive change is difficult enough without having to worry about role confusion. This means that if either of us recognizes that you have a problem that would benefit from psychotherapeutic intervention, Jay Martinez will refer you to appropriate resources. In some situations, Jay Martinez may insist that you initiate psychotherapy and allow him to have access to your psychotherapist as a condition of continuing as your coach.

It is also important to understand that coaching is a professional relationship. While it may often feel like a close personal relationship, it is not one that can extend beyond professional boundaries both during and after your work with Jay Martinez. Consequently, Jay Martinez is not responsible or obligated to share any of his personal information with any clients at any time. Considerable experience shows that when boundaries blur, the hard-won benefits gained from the coaching relationship are endangered.

Confidentiality

As your Life Coach, I am ethically and legally bound to protect the confidentiality of our communications. I will only release information about our work to others with your written permission or in response to a court order. There are some situations in which I am legally obligated to breach confidentiality to protect you or others from harm. If I have information that indicates that a child or elderly or disabled person is being abused, I must report that to the appropriate state agency. If a client is an imminent risk to him/herself or makes threats of imminent violence against another, I am required to take protective actions. These situations are relatively rare in coaching practices. If such a situation occurs in our relationship, I will make every effort to discuss it with you before taking any action.

As you are no doubt aware, it is impossible to protect the confidentiality of information that is transmitted electronically. This is particularly true of e-mail and information stored on computers that are connected to the internet, which does not utilize encryption and other forms of security protection.

Some sessions may be conducted in a group format. By signing this agreement, you commit yourself to maintaining the confidentiality of all information communicated to you by other coaching clients and by your coach, Jay Martinez. We both understand that progress is often enhanced when clients are allowed to discuss their coaching relationship with trusted colleagues and friends.

You are free to have these discussions, but you must in no way share information that leads to the identification of others in the group. If you are ever in doubt regarding what to reveal and what not to reveal, err on the side of protecting the privacy others, a vital and non-negotiable element of such group interaction.

My acceptance of this agreement confirms that I am of a sober mind and body, I am not under the influence of any misused prescriptions, illegal or illicit street drugs. I am fully conscious and understand that my consent to this agreement means that I understand and agree to be bound by the terms and conditions of this legally binding agreement.

Disclaimer

If you have a medical question, please contact your physician directly. If you have a medical emergency, please call 911. Do not send personal health information to Jay Martinez’s general mailbox. The information contained within or linked to http://jaymartinez.com/ is not intended as a substitute for professional mentor nor medical advice, for which your physician is your best choice. The information on this website or any sites to which it may link should not be used as the basis for diagnosing or treating any medical condition.