Confidentiality in Coaching
Coaching is a service offered to a Client by a Coaching Services Provider that facilitates a thought-provoking and creative process encouraging the client to maximize his or her personal and professional potential. It is designed to facilitate the creation/development of personal, professional or business goals and to develop and carry out a strategy/plan for achieving those goals.
A Coaching Agreement establishes a coaching relationship between the Client and the Provider. All information (documented or verbal) that the Client shares with the Provider as part of this relationship, is bound by the principle of confidentiality. The Provider-Client relationship is not considered a legally confidential relationship (like the medical and legal professions) and thus communications are not subject to the protection of any legally recognized privilege.
Provider’s Commitment to Confidentiality
The Provider agrees not to disclose any information pertaining to the Client without the Client’s consent. The Provider will not disclose the Client’s name as a reference without the Client’s consent.
Confidential Information does not include information that:
(a) was in the Provider’s possession prior to its being furnished by the Client;
(b) is generally known to the public or the Client’s industry;
(c) is obtained by the Provider from a third party, without breach of any obligation to the Client;
(d) is independently developed by the Provider without use of or reference to the Client’s confidential information; or
(e) the Provider is required by statute, lawfully issued subpoena, or by court order to disclose;
(f) is disclosed to the Provider and as a result of such disclosure the Provider reasonably believes there to be an imminent or likely risk of danger or harm to the Client or others; and
(g) involves illegal activity.
The Client also acknowledges his or her continuing obligation to raise any confidentiality questions or concerns with the Provider in a timely manner.