Terms & Conditions

The terms and conditions below apply to all coaching and counselling services provided by Martyn Scott-Thomas (“the coach”), to any individual or organisation (“the client”) and constitute the contract for the service to be provided by Martyn Scott-Thomas (or MSTPractice) for the client. The term ‘coaching’ as used here covers life coaching, personal health and wellbeing coaching, personal development, executive, business and career coaching for clients.

In the spirit of good practice, when you are purchasing coaching services from me, I ask you to confirm that you have read and agreed to each statement below and that you wish to proceed.

Martyn Scott-Thomas is a member of the LVSC as a practising Coach and Counsellor in the Netherlands since 2023.

I, Martyn Scott-Thomas, provide coaching services and communication through various channels. The purpose of my services and the information found on my website, www.mstpractice.com, is to assist you in navigating challenges in both personal and professional settings. I aim to help you understand the factors and environments contributing to these struggles, develop and apply more effective coping strategies, delve into personal obstacles within behavioral and philosophical frameworks, and ultimately progress towards heightened awareness, well-being, and a sense of wholehearted living. Coaching is not a substitute for professional mental health care or medical care. It is strongly advised that if you are concerned about any aspect of your physical or psychological wellbeing that you first consult with your general practitioner for an up-to-date evaluation of your health needs.

Martyn is continually striving to ensure the standard of service he provides to his clients remains excellent. At the end of the coaching process, or series of coaching sessions, the client will be asked to complete a feedback form.

1. Coaching Disclaimer

In committing to coaching with me, you acknowledge the following:

  • You understand that the coaching services you will be receiving from your coach are not offered as a substitute for professional mental health care or medical care and are not intended to diagnose, treat, or cure any mental health or medical conditions. You also understand that your coach is not acting as a psychiatrist or a medical professional.
  • For legal purposes, you understand that coaching is currently an unregulated industry and that your coach is not licensed by any EU, UK or International body, even though the sessions may take place in the Netherlands, United Kingdom or elsewhere.
  • You understand and agree that you are fully responsible for your well-being during your coaching sessions and subsequently, including your choices and decisions.
  • You understand that coaching is not a substitute for psychotherapy, psychoanalysis, mental health care or substance abuse treatment, and you will not use it in place of any form of therapy.
  • You understand that all comments and ideas offered by your coach are solely for the purpose of aiding you in achieving the defined goals you create with your coach. You have the ability to give your informed consent, and hereby give such consent to your coach to assist you in achieving such goals and understand that results are not guaranteed.
  • You understand that to the extent our work together involves personal development, career, or business, your coach is not promising outcomes including but not limited to trauma recovery, personal introspection, increased personal happiness, career progression, profitability and/or business success.
2. Data Protection

You understand that your coach will protect your information as confidential unless you state otherwise in writing. If you report child abuse, elder abuse or neglect, or threaten to harm yourself or someone else, you understand that necessary actions may be taken and your confidentiality agreement may be limited in this capacity. Furthermore, if your coach is ordered by a court to provide information or to testify, he will do so to the extent the law requires.

3. Data Security

You understand that the use of technology is not always secure and that you accept the risks of confidentiality in the use of email, text, phone, WhatsApp, Zoom and any other technology.

4. Waiver
You hereby release, waive, acquit and forever discharge your coach, any agents, successors, assigns, personal representatives, executors, heirs and employees from every claim, suit action, demand or right to compensation for damages you may claim to have or that you may have arising out of acts or omissions by yourself or by your coach as a result of the advice given by your coach or otherwise resulting from the coaching relationship contemplated by this agreement.

You further declare and represent that no promise, inducement or agreement not expressed in this agreement has been made to you to sign this agreement. This agreement shall bind your heirs, executors, personal representatives, successors, assigns, and agents.

5. Terms & Conditions

The coaching schedule will be arranged between the coach and the client, and can be booked up to 3 months in advance. Martyn will recommend the frequency of coaching sessions based on mutual discussion and a professional assessment of the client’s requirements. This recommendation, or plan, is not binding and may be altered and adjusted throughout the coaching journey by mutual agreement, in accordance with the terms set out in this agreement. Following a plan of 6 sessions, sessions may be provided on a session-by-session basis.

In return for the fees (or service trade) payable by the client (or by a third party on their behalf), Martyn Scott-Thomas agrees to provide the service as described below and in accordance with the terms and conditions set out below. The client agrees to pay for fees for the service on the terms and conditions set out below (in situations where a third party pays the fees, the third-party counts as an agent acting on behalf of the client).

The date that the first coaching session takes place shall be deemed to be the start date for the service. Where any client is unhappy with any of the terms and conditions, they can contact Martyn to discuss any concerns and see if they can be resolved before the first coaching session. Participation by any individual in the first coaching session constitutes acceptance of these terms and conditions.

6. Format of Sessions

Remote sessions are held either via Google teams, Zoom, FaceTime or telephone direct. In remote sessions Martyn will call the client.

In-person sessions can be considered in exceptional circumstances and are dependent on availability. They are held at a venue reserved for private practice, confirmed at least 24 hours before the session. Additional contributions may be sought from the client for in person practice.

Martyn is responsible for ensuring that he is available for consultation at agreed times.

The length of sessions is set by the client at the time of booking and paid for accordingly at the time of booking. A typical session length is one hour. Sessions may over-run by mutual agreement and paid for retrospectively, but only if the coach and/or venue has no commitments immediately following the sessions.

7. Session Fees

Martyn’s current fees are stipulated in his rate sheet and made clear at the time of booking. He reserves the right to change these from time to time. Any payments for sessions paid in advance are honoured, even if prices have risen between the point of booking at the time of session.

8. Dates & Times of Sessions

The date and time of the first session and any subsequent session will be registered on Martyn’s agenda. Martyn agrees to maintain his availability to honour the sessions booked in or through correspondence via email.

Sessions can only be rearranged in accordance with the section in these terms and conditions headed “Rearranging Sessions”.

9. Payment Terms

Fees can be paid via bank transfer using the information provided by Martyn.

PDF receipts and/or invoices will be issued to the client by email upon request.

Fees are payable in advance of each plan or session (following a minimum of 6 sessions) unless otherwise agreed (Business Coaching may allow for payment upon receipt of invoice). Where payment has not been received by Martyn in advance of the session, Martyn is not obliged to provide a session.

10. Between Sessions

Martyn may assign the client tasks or exercises to complete between coaching sessions. There is no obligation on the client to complete these items of ‘homework’, but not doing so may slow the client’s progress in gaining improvements or achieving desired business or personal outcomes.

The client may contact Martyn by text or email between sessions to seek clarification regarding matters arising from a coaching session or for administrative purposes (e.g., where a client needs to rearrange a coaching session or make a payment), and he will aim to address your questions in an appropriately timely manner. Additional coaching can also be provided between sessions, but there will be an additional charge for this. Martyn will always advise a client in advance if the nature of a client’s contact is likely to incur an additional charge and no such charge will be imposed without the client’s agreement.

11. Rearranging Sessions

If a client needs to rearrange a coaching session, they should provide at least 24 hours’ notice, otherwise a full session charge applies. If a client arrives late, the session will continue within the remaining time. With 24+ hours’ notice, Martyn will try his best to accommodate a request to rearrange sessions, but availability cannot be guaranteed.

In exceptional circumstances, Martyn may need to rearrange a coaching session. In those instances, he will also give the client 24 hours’ notice where practical.

Where a client pays for a session or sessions in advance, they must have the coaching session(s) that they have paid for within 6 months or the payment or their fee is forfeited.

12. Confidentiality & Record Keeping

All information will be kept confidential unless the coach and client agree to discuss something with a third party. The only reasons for breaking confidentiality would be if the coach might see action necessary to prevent harm to the client or someone else, or if the coach was liable to civil or criminal court proceedings if the information was not disclosed. If at all possible, this would be discussed beforehand.

You have received a Coaching Agreement form to give permission to the coach for processing data. The purposes are outlined in the form, and include: the coach holds contact data from the client intake form so that he can contact you. The coach records information about what the client shares in sessions as an ‘aide memoire’ so that he can review the course of the sessions over time and offer a personalised coaching process. The coach records the number of sessions and payments for business purposes. Digital session notes are stored by the coach under anonymous identifiers. Clients have a ‘right to be forgotten’, and within one month of the coach receiving a written request, all of their non-business records will be erased.

From time to time, the coach may occasionally encounter a client in public outside of sessions. The coach is prepared to not only protect against the disclosure of confidential information or communications, but, if possible, to protect against the disclosure of the fact of the relationship. This is especially important in situations where the fact of the coach-client relationship is not disclosed to the client’s own contacts. The possibility of recognition by others should be discussed in advance with the client, especially where there is a desire to keep the coach’s relationship with the client confidential.

13. Early Termination

In exceptional circumstances, such as illness or unavailability due to bereavement or other commitments, inappropriate behaviour by the client, actual or potential conflict of interest, or other reasons, Martyn can decide to terminate the service to the client early or refuse or be unable to provide further coaching sessions to the client. In such a circumstance, the client will be given reasonable notice of termination by Martyn where practical and will be refunded any advance payments made for coaching sessions not yet provided.

14. Responsibilities

Martyn will seek to enable the client to improve their own quality of life or level of personal success and to achieve their desired outcomes. Remarkable results can be achieved where clients follow a clear plan in a committed way. However, the client has sole responsibility for taking important decisions in their life or business. Martyn has no liability for any loss incurred by any client, whether financial or otherwise, following commencement of coaching sessions, or for any perceived failure by the client, whether justified or otherwise, to achieve a material improvement in quality of life, career or business or to achieve their desired outcomes or goals.

15. Variation of Terms & Conditions

Where an Initial Number of Sessions is agreed, any changes to these terms and conditions intended to take effect prior to the conclusion of those Initial Number of Sessions will only have effect if agreed by both Martyn and the client and confirmed by Martyn in writing by email or letter. In other cases, Martyn may change any of these terms or conditions, including the Per Session Fee by giving the client one week’s notice in writing by letter or email of the change(s). If following receipt of such notification of change, the client no longer wishes to proceed with further coaching sessions, they may withdraw from the service immediately by giving notice in writing by email or letter and they will then be entitled to a full refund of any fees paid in advance for coaching sessions not yet provided. Such notice will be effective on receipt by Martyn.

16. Governing Law
This contract is governed by the law of the Netherlands whose courts have exclusive jurisdiction in relation to any dispute, disagreement, proceedings or legal claim of any nature relating to the service provided or the contract.
17. Feedback

Feedback about the service is welcomed and can be given during a coaching session or by writing to Martyn by email or letter. Feedback may be used for testimonials for marketing purposes. In such circumstances he clients names will remain anonymous and Martyn will seek written approval ahead of publishing.