Coaching Terms & Conditions / Privacy Policy

Kimberly McDermott Consulting & Coaching, LLC

Effective Date: 7/30/2025

COACHING TERMS & CONDITIONS

What to Expect

Coaching is a collaborative, forward-looking process focused on growth, insight, and purposeful action. It’s not therapy, counseling, or advice-giving. We’ll explore what matters most to you, whether it’s navigating change, clarifying direction, building leadership skills, or strengthening confidence.

As your coach, I’ll show up with curiosity, honesty, and respect. You bring your insights, experiences, and a willingness to reflect. If something ever feels off or unclear, let’s talk, coaching is most powerful when we co-create the experience.

Scheduling, Rescheduling & Refunds

• • Need to reschedule or cancel? Please provide at least 24 hours’ notice. Missed or late-canceled sessions will be charged in full.
  • Running late? I’ll hold the session time for up to 15 minutes. If I haven’t heard from you by then, I’ll assume the session is canceled. If you message me within that window, we can still meet with the remaining time.
  • Refunds for unused sessions (minus a 6% processing fee) may be requested within 30 days of purchase.
  • Session expiration: Unused sessions expire 3 months after your most recent session, unless otherwise agreed upon.

Confidentiality

Your coaching sessions are confidential and follow the ICF Code of Ethics. I will never share the content of our sessions or use your name publicly without your written consent.

Exceptions include:

• • If I believe you may harm yourself or someone else
  • If required by law (e.g., subpoena or court order)
  • If I suspect abuse or neglect of a vulnerable person
  • If requested by the ICF for credentialing audit (in which case, only your name, contact info, and dates of coaching may be shared, no session content)

Occasionally, sessions may be recorded for training or certification purposes, but only with your prior written permission. You may decline or request access to the recording.

Coaching Disclaimer

Coaching is a powerful tool, but results are not guaranteed. You are fully responsible for your actions, decisions, and outcomes during and after coaching. Coaching is not a substitute for medical, legal, or psychological support.

Intellectual Property

All tools, resources, and materials shared during coaching (including worksheets, frameworks, and program content) are for your personal use only and remain the intellectual property of Kimberly McDermott Consulting & Coaching, LLC unless otherwise stated. Please do not share, reproduce, or distribute without permission.

Limitation of Liability

To the fullest extent permitted by law, Kimberly McDermott Consulting & Coaching, LLC shall not be liable for any direct, indirect, incidental, or consequential damages resulting from the use or misuse of coaching services or materials.

Consent to Terms

By engaging in coaching services, enrolling in a group program, or accessing coaching materials, you acknowledge that you have read and agreed to these Coaching Terms & Conditions.

Kimberly McDermott Consulting & Coaching, LLC

TERMS & CONDITIONS – App Addendum

Effective Date: 8/21/2025

1) What this covers

This addendum applies to your use of any Kimberly McDermott Consulting & Coaching App including the Make Work Work app (the “App”). It supplements the Coaching Terms & Conditions on this page. “We/Us” means Kimberly McDermott Consulting & Coaching, LLC. “You” means the individual using the App.

2) Purpose of the App

The App offers a short, self-reflection experience and generates a personalized Insight-to-Action Blueprint to support your career growth.

3) Acceptance

By tapping Start, submitting your email, or using the App, you agree to this addendum and the Privacy Policy addendum below.

4) Eligibility & appropriate use

The App is intended for adults. You must be at least 18 years old to use this App.

No confidential employer information. The App is for personal development. Please avoid entering confidential or proprietary information (e.g., internal project details, non-public metrics, customer data).

Be respectful. Do not upload unlawful, harassing, or infringing content, nor attempt to disrupt or scrape the App.

5) License & ownership

We grant you a limited, revocable, non-transferable license to access and use the App for personal, non-commercial purposes. We (and our licensors) retain all rights in the App and its content. You retain rights in your own answers and the generated blueprint content for your personal use.

6) AI-generated content

The App may use AI to help compose your Insight-to-Action Blueprint from your inputs. AI output can contain errors or generic phrasing. You are responsible for evaluating the output, deciding what to keep/cut, and how to apply it. The App is a reflection aid, not a decision-making system.

• AI-generated content may be inaccurate or inappropriate
• Users should not rely solely on AI output for career decisions
• We are not liable for decisions you make based on AI recommendations

7) Your content and generated materials

You retain ownership of the personal reflections and answers you provide through the App. The Insight-to-Action Blueprint generated from your inputs is created for your personal use and development. You may:

• Use your generated Blueprint for personal career development
• Share insights from your Blueprint in professional contexts (networking, interviews, etc.)
• Reference concepts from your Blueprint in your own writing or presentations

However, you may not:

• Redistribute the complete Blueprint or App framework commercially
• Use the Blueprint to create competing coaching tools or applications
• Share the Blueprint in ways that could reveal our proprietary methodology

The underlying App framework, assessment methodology, and AI prompts remain our intellectual property.

8) Nature of coaching (important)

Coaching is future-focused, development-oriented support. It is not therapy, medical, legal, HR, or financial advice, and does not replace company policies or manager direction. You remain responsible for your choices and outcomes at work.

9) No affiliation with your employer

This App is provided by Kimberly McDermott Consulting & Coaching, LLC and is not affiliated with or endorsed by any employer.

10) Emails & follow-ups

When you use the App, we will send your Insight-to-Action Blueprint to the email you provide and may send limited, relevant follow-ups. You can unsubscribe at any time (see Privacy Policy addendum).

11) Third-party services

To operate the App we use reputable vendors (e.g., Adalo for app hosting/email, OpenAI for AI text generation, Make/Zapier for automation, an email delivery provider). See the Privacy Policy addendum for details.

We may change, add, or remove third-party service providers at any time to maintain or improve the App’s functionality. When we make such changes, we will ensure that replacement vendors maintain substantially equivalent security and privacy standards. We will update this page to reflect material changes to our vendor list. If a vendor change materially affects how your data is processed, we will provide reasonable notice via email or through the App.

12) Availability & changes

We may improve, pause, or discontinue the App (or features) at any time. We may update this addendum; material changes will be reflected on this page with a new effective date.

13) Disclaimers & limitation of liability

The App is provided “as is.” To the maximum extent permitted by law, our total aggregate liability arising out of or relating to the App will not exceed the greater of (i) USD $100 or (ii) the amounts you paid to us for the App in the 12 months before the claim. We will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenues, data, or business opportunities. Nothing in these terms limits liability for fraud, willful misconduct, or where liability cannot be limited by law. These terms do not affect any non-waivable consumer rights.

14) Indemnity You agree to indemnify, defend, and hold us harmless from and against any claims, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising from:

• Your misuse of the App or violation of these terms
• Your violation of any third-party rights, including intellectual property or privacy rights
• Your use of the App in violation of applicable laws or regulations
• Content you submit that is unlawful, harmful, or infringes others’ rights

This indemnification does not apply to claims arising from:

• Our gross negligence or willful misconduct
• Our breach of these terms
• Defects in the App that we knew about but failed to disclose
• Our violation of applicable data protection laws

15) Governing law

These terms are governed by the laws of Arizona, without regard to conflict-of-law rules. Venue for disputes will be Arizona unless otherwise required by law.

16) Data continuity and service interruptions

We maintain reasonable backup procedures to protect your data. However, in the unlikely event of:

• Technical failures that result in data loss
• Permanent discontinuation of the App
• Business closure or transfer

We will make reasonable efforts to:

• Provide 30 days advance notice where possible
• Offer you the opportunity to download your generated Blueprint and session data
• Maintain data security during any business transition

You are responsible for saving or printing your Insight-to-Action Blueprint if you wish to retain it long-term. We recommend downloading or printing your Blueprint soon after receiving it.

17) Contact

Questions about these terms? Contact: kim@kimberlymcdermott.com.