Generative Human Standard Terms for Coaching Services

    These Standard Terms for Coaching Services apply to coaching engagements delivered by The Why Factor Consulting LLC, doing business as Generative Human ("Coach"), unless a written agreement states otherwise.

    1. Scope of Services

    Coaching is a professional service intended to support reflection, perspective, decision-making, and action. Coaching is not therapy, psychiatry, counseling, legal advice, financial advice, medical care, or crisis support.

    The Client remains responsible for personal decisions, actions, wellbeing, and use of any ideas, reflections, or materials arising from the coaching relationship.

    2. Confidentiality and Its Limits

    The Coach will treat client communications as confidential and will not intentionally disclose them to third parties without permission, except where disclosure is required or permitted by law, ethical duty, safety concerns, or operational necessity.

    Confidentiality may be limited in situations including valid legal process, imminent risk of harm, suspected abuse or neglect where reporting is required, or other circumstances in which disclosure is legally or ethically required.

    The coach-client relationship is not protected by attorney-client privilege, physician-patient privilege, or any other privilege unless the law clearly provides otherwise.

    3. Portal and Technology Services

    The Coach may use a secure client portal or related systems to manage appointments, materials, communications, summaries, notes, transcripts, recordings, documents, and other engagement-related information.

    Portal functions may change over time. Some features may be added, revised, limited, suspended, or removed for operational, technical, ethical, legal, or business reasons.

    4. Recordings and Transcripts

    Sessions may be recorded or transcribed for continuity, documentation, follow-up, summaries, action tracking, quality control, or related coaching support.

    Where a signed agreement states that recordings or transcripts are part of the engagement, the Client consents to that use unless the parties agree in writing to an opt-out or other exception.

    The Coach may decline or limit certain features if recording or transcription is not permitted for a specific engagement.

    5. AI-Supported Features

    The Coach may offer AI-supported features, including summaries, reflections, prompts, continuity support, or client-facing tools.

    These features may be experimental, may be unavailable at times, and may produce incomplete, inaccurate, or inappropriate output. They are provided for informational and reflective purposes only and are not a substitute for live coaching, therapy, legal advice, financial advice, medical care, or crisis support.

    The Client is responsible for using judgment and for deciding whether and how to rely on any AI-supported output.

    6. Third-Party Providers

    The Coach may use third-party vendors to support scheduling, video conferencing, payment processing, file storage, recordings, transcription, summaries, AI-supported tools, document delivery, communications, or related services.

    By using the services, the Client understands that information may be processed, transmitted, or stored through those providers as reasonably necessary to deliver the engagement.

    7. Security and Technology Limits

    The Coach will use reasonable care in selecting tools and managing client information. No platform, storage system, transmission method, or software service can be guaranteed fully secure, uninterrupted, error-free, or fit for every purpose.

    The Client is responsible for protecting login credentials, devices, email access, and other account access under the Client’s control.

    8. Client Content

    The Client is responsible for content submitted, uploaded, stored, or shared through any portal, technology feature, or coaching workflow, including prompts, notes, reflections, documents, goals, personal information, and third-party information.

    The Client represents that the Client has the right to provide that content and understands that the Coach may use it as reasonably necessary to provide the coaching services and maintain related records.

    9. Records and Retention

    The Coach may retain coaching-related records, including agreements, billing records, notes, emails, recordings, transcripts, summaries, portal content, and related materials for up to one year after the later of the end of the engagement or the date the record was created, unless a longer or shorter period is required by law, business necessity, or a written agreement.

    Basic contact, billing, tax, insurance, legal, compliance, and business records may be retained longer where reasonably necessary.

    Records may also be deleted, anonymized, or disposed of earlier in the ordinary course of business where lawful.

    10. Intellectual Property

    Unless otherwise stated in writing, all frameworks, tools, prompts, exercises, worksheets, summaries, materials, and coaching resources provided by the Coach remain the Coach’s intellectual property.

    The Client may use those materials for personal use and internal professional use connected to the coaching engagement. The Client may not reproduce, distribute, publish, license, sell, or publicly share those materials without written permission.

    The Client retains ownership of content personally created by the Client, subject to the Coach’s right to use that content as reasonably necessary to deliver services, maintain records, and operate the engagement.

    11. No Emergency or Crisis Services

    The Coach does not provide emergency response, crisis support, medical care, mental health treatment, or urgent services. Anyone facing immediate danger, crisis, or risk of harm should contact emergency services or an appropriate licensed provider immediately.

    12. No Guarantee of Results

    Coaching outcomes depend on many factors, including the Client’s effort, decisions, circumstances, readiness, and follow-through. No specific result is promised or guaranteed.

    13. Suspension or Discontinuation of Features

    The Coach may suspend, limit, modify, or discontinue portal access or technology-supported features for maintenance, security, legal, ethical, operational, or business reasons.

    14. Limitation of Liability

    To the fullest extent permitted by law, the Coach is not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost business opportunity, reputational harm, emotional distress, or similar losses arising out of or relating to the coaching engagement, portal services, recordings, transcripts, or AI-supported features.

    To the fullest extent permitted by law, the Coach’s total liability arising out of or relating to the coaching engagement will not exceed the total amount paid by the Client under the applicable coaching agreement during the three months immediately preceding the event giving rise to the claim.

    Nothing in these terms excludes liability that cannot lawfully be excluded or limited.

    15. Governing Law

    Unless a written agreement states otherwise, these terms are governed by the laws of the State of Washington, without regard to conflict-of-law principles.

    16. Updates to These Terms

    These terms may be updated from time to time. The version in effect at the start of an engagement will generally apply to that engagement unless a change is required by law, necessary for security or operations, or expressly accepted in writing.