Welcome to the Stars of Courage Coach Participation agreement. This Agreement is made by and between Stars of Courage 501c3 whose principal place of business is located at 1345 Encinitas Blvd. #115, Encinitas CA 92024 (hereinafter referred to as “SOC”) and the signer of this agreement. Parties agree to the following:
BY REGISTERING FOR BEING A VOLUNTEER COACH AND BEING PART OF STARS OF COURAGE COACHING PROGRAM, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS PARTICIPATION AGREEMENT, AND ALL POLICIES AND GUIDELINES OF THE SITE ARE INCORPORATED BY REFERENCE.
Stars of Courage 501c3 (“we,” “us,” and “our”) reserves the right to change any of the terms and conditions contained in this Participation Agreement or any policies or guidelines governing the Site or Services, at any time and in its sole discretion. Any changes will be effective upon posting of the revisions on the Stars of Courage Site (www.starsofcourage.org). All notice of changes to this Participation Agreement will be posted on the Site for thirty (30) days. You are responsible for reviewing the notice and any applicable changes. Changes to referenced policies and guidelines may be posted without notice to you.
YOUR CONTINUED PARTICIPATION, USE OF THIS SITE AND THE TRAINING SERVICES OF STARS OF COURAGE WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS PARTICIPATION AGREEMENT, DO NOT CONTINUE TO VOLUNTEER OR USE THE SERVICES OF THE STARS OF COURAGE.
1. VOLUNTEER COACH RESPONSIBILITIES
Coach Volunteers agrees to the following:
- I will read, understand and maintain the ethics and standards of behavior set by the International Coach Federation “(ICF)”. coachfederation.org/ethics
- I am at least 21 years of age and of good mental stability and character.
- I have been a Life Coach full time for over a year or I have been a Life Coach part time for two years or I have considerable Life Coaching, Mentoring or Human Development Training experience or I am a newly trained Life Coach, and I am willing to work under an experienced Coach.
- If asked, I will authorize and pay up to $25.00 for a national criminal history background check.
- I will abide by the policies and procedures drafted by the Stars of Courage Governing Board.
- I will embrace and stand by the Stars of Courage Mission and Values.
- I will commitment to volunteering for one year with a minimum of 52-hours.
- I will attend a one-on-one interview/orientation with a Volunteer Coordinator or a Regional Manager.
- I will attend the four-hour Stars of Courage training 101.
- I will participate in monthly team activities and let others know about the Organization.
- I will take the Courage Training 201 every other year following the anniversary of Stars of Courage Training 101.
2. CLIENT CONFIDENTIALITY:
- This coaching relationship, as well as all information (documented or verbal) that the Star (Client) shares with
the Coach as part of this relationship, is bound to confidentiality by the ICF Code of Ethics but is not considered a legally confidential relationship (like in Medicine or Law). The Coach agrees not to disclose any information pertaining to the Client without the Client’s written consent. The Coach 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 Coach’s possession prior to its being furnished by the Client; (b) is generally known to the public or in the Client’s industry; (c) is obtained by the Coach from a third party, without breach of any obligation to the Client; (d) is independently developed by the Coach without use of or reference to the Client’s confidential information; or (e) that the Coach is required by law to disclose.
- The Stars of Courage will be doing ongoing research studies to determine the effectiveness of the Coaching program. Prior to being approved for the Coaching Program, each participant (Star) has signed a release statement, giving Stars of Courage and their representatives permission to use their coaching results. We are not asking participants to use their identities in our studies. If it is determined at a later date that identities would be helpful, then a separate written consent on an approved Stars of Courage Release Agreement will be obtained from the client.
3. ORGANIZATIONAL CONFIDENTIALITY:
- If you hear it, see it, learn about it, or create it, please keep it confidential.
- Volunteers may be allowed access to certain confidential and proprietary information from SOC for the purpose of creating a business alliance. During the period of time VOLUNTEER is working with SOC, VOLUNTEER will obtain knowledge concerning SOC’s confidential business information. VOLUNTEER agrees to sign this Confidentiality Agreement as a condition of exploring, creating or furthering a contracted relationship with SOC due to the fact that VOLUNTEER will be working with highly confidential information, as defined below.
- By this agreement, SOC and VOLUNTEER acknowledge their rights and obligations concerning (1) SOC’s proprietary rights in its confidential information, and (2) the protection, use and disclosure of SOC’s confidential information by VOLUNTEER.
For the purposes of this agreement, the following definitions are established.
- The term “Confidential Information” is defined as all items, materials, and information (whether or not reduced to writing and whether or not patentable, copyrightable or trademarkable) which belong to SOC and which are related to the present or future endeavors of SOC or research and development or investigation of SOC which are kept confidential and are trade secrets by SOC. Confidential information includes, among other things, personal or professional financial information; data or statements, employee/employment data, policies and procedures, marketing plans or strategies; vendor or customer lists, computer data; any documentation and any processes regarding SOC business.
- Notwithstanding anything to the contrary contained herein, Confidential Information shall not include any information which is (a) generally available to the public; (b) independently developed or acquired by Recipient; (c) demonstrably known to Recipient prior to receipt from SOC; (d) revealed pursuant to court order or process of law. Recipient will use reasonable efforts to give SOC notice of such order prior to disclosure.
- VOLUNTEER acknowledges that confidential information is a valuable and unique asset of SOC or third parties who have furnished it to SOC. VOLUNTEER understands that confidential information will only be made known to VOLUNTEER in confidence in connection with their professional duties. VOLUNTEER agrees that disclosure or use of confidential information by VOLUNTEER other than for the benefit of SOC would be wrongful and could cause harm to SOC. It is mutually understood that disclosure of any trade secrets or confidential information of any media whatsoever is a strict violation of this nondisclosure section. If VOLUNTEER is in doubt as to whether certain information is confidential information or a trade secret; VOLUNTEER will treat such information as confidential information and a trade secret.
- VOLUNTEER acknowledges that VOLUNTEER will not disclose or use confidential information for any purpose other than in the performance of their duties for SOC. This obligation extends during the entire term that VOLUNTEER is providing service to SOC, and for a period of 3 years after the date of termination of service.
- VOLUNTEER agrees to use all reasonable measures to prevent the unauthorized use of
confidential information by others. These measures include compliance with all procedures
developed by SOC to protect such information.
6. Ownership of Confidential Information & Return of Materials
VOLUNTEER agrees that all confidential information, all materials embodying confidential information and copies thereof, will remain the property of SOC. At the time of termination of VOLUNTEER’s services with SOC, or at the written request of SOC at any time, VOLUNTEER will, immediately deliver to SOC all materials, and copies thereof which are in VOLUNTEER’s possession or control and which contain any confidential information. Upon termination of VOLUNTEER’s contracted services with SOC, VOLUNTEER agrees not to use SOC’s name in any advertising, marketing or promotional capacity whatsoever without written permission from SOC.
The parties have agreed above that irreparable harm may result from breach of this Agreement and therefore, realizing the need for an immediate remedy for breach of this Agreement, agree that a temporary injunction or temporary restraining order shall issue against VOLUNTEER immediately and without notice upon application therefore. Such injunction or restraining order shall be made permanent upon appropriate proof as required by applicable law but the element of irreparable injury shall always be presumed in any such proceeding. This remedy shall not foreclose any other remedy available.
- No Waiver. A delay of failure by SOC to exercise any right, which is subject of this agreement, will not be construed as a waiver of that right. A waiver of a breach on any one occasion will not be construed as a waiver of any other breach.
- No modification or waiver of any of the provisions of this agreement will be effective unless made in writing, specifically referring to Agreement, and signed by both parties.
- Severable Provisions. If any provision of portion of a provision of this Agreement is determined to be unenforceable, the remainder of the Agreement will continue to be binding and enforceable.
- SOC may assign this Agreement to any of his affiliate companies or any company
acquiring its business or assets.
9. Applicable Law
The laws of the state of California govern this Participation Agreement and all of its terms and conditions, without giving effect to any principles of conflicts of laws or the Convention on Contracts. Each party consents that any dispute or claim relating in any way to this Participation Agreement or your use of the Stars of Courage Academy, Services or Transaction Processing Services will be resolved by binding arbitration as described in this paragraph. If our claims qualify we may bring suit in the state or Federal courts in San Diego County, California to enjoin infringement or other misuse of intellectual property rights. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Participation Agreement as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our mailing address 1345 Encinitas Blvd, #115, Encinitas, CA 92024.The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. You or we may choose to have the arbitration conducted by telephone, based on written submissions, or in person in San Diego County or at another mutually agreed location. Each party agrees that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration each party waives any right to a jury trial.