Here is a sample agreement between a coach and his/her client.
This agreement is dated and made between .......……. of ........…….. ("the Client"),
………......…. ("the Coach")
on the following terms and conditions:
1. The Client hereby retains the Coach to perform the services ("the services") described in the attached Statement of Work ("work") and the Coach agrees to perform them. This agreement shall commence from the latest date signed below and terminate when the work is completed.
2. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer or employee between the Coach and the Client or any officer, partner, employee, assistant or agent of the Client.
3. The Coach expressly retains the right to provide coaching and training for others during the term of this Agreement.
4. The Coach is authorised to include the Client's organisation in the Coach's published list of clients.
5. The Coach will determine the method, time, details and means of providing the services where not already specified in the Statement of Work. The Coach may employ such associates as the Coach deems necessary at own expense to perform the services or any part of the services.
6. All the services shall be performed at the rates listed in the Statement of Works. [The Coach shall maintain daily time records for all periods billed.] Value added tax will be charged at the appropriate rate, in addition.
7. The Coach shall be responsible for all costs and expenses incidental to the work including but not limited to all the Coach's costs either directly of indirectly related to providing the services except:
a) all phone calls (except those made by the Coach)
b) all assessments (to be reimbursed at pre-agreed cost by Client)
c) (any other expenses to be reimbursed by the Client (if any) to be listed here, such as travel, accommodation, food, drink).
8. All materials utilised are and shall remain the property of the Coach.
9. One third of the total cost of the works is payable in advance and the balance is to be paid monthly in advance thereafter by the first of each month and in equal instalments spaced over the course of the work.
10. Cancellation or postponement of an appointment by the Client with less than seven days notice incurs a charge of 50% of the proposed fee, and within 48 hours, the whole fee is due.
11. The Client agrees to comply with all reasonable requests of the Coach necessary to the performance of the Coach's obligations under this Agreement.
12. a) Coaching is a relationship where a coach supports, collaborates with, and facilitates client learning and action by helping an individual identify and achieve future goals through assessment, discovery, reflection, goal setting and strategic action. It is not a quick fix. Coaching is not therapy, psychological counselling, psychoanalysis or related services nor business management, financial services/analysis or similar nor does the Coach claim to provide any of these – but coaching may address specific projects or general conditions (in the lives of the Client's employees being coached), value clarification, brainstorming, identifying plans of action, examining modes of operating in life, ask clarifying questions and make empowering requests. The Client and the Client's employees are free to reject any advice, suggestion(s) or request(s) made.
b) The Coach recognises that the Client and/or the Client's employees may have future plans, business affairs, client/customer lists, financial information, job information, goals, personal information and other private information. The Coach will not, either directly or indirectly, voluntarily use any information revealed by the Client nor tell someone else (other than information that is in the public domain through other means). Confidentiality will not exist where disclosure is required by law or where the Coach has reasonable grounds for believing a criminal offence is involved.
13. This Agreement is not assignable by either party without the consent of the other.
14. This agreement may be terminated by the Client by giving at least one week's prior written notification on the occurrence of the following events but in the event of such termination full fees are due for all completed and invoiced parts of the work.
a) Substantial default by the coach in the performance of this Agreement or
b) Material breach by the Coach of any of the provisions of this Agreement.
15. Should the Client fail to pay the Coach all or any part of the payments as specified in clause 9, the Coach is not obliged to continue provision of the services until each relevant instalment is settled in full. The Coach, at the option of the Coach, may terminate this Agreement if any failure is not remedied by the Client within twenty (20) days from the date payment is due.
16. Any notices to be given hereunder by either party to the other may be effected either by personal delivery in writing or by recorded delivery post. Posted notices shall be addressed to the parties at the addresses appearing at the top of this agreement but each party may change the address by written notice served in accordance with this paragraph. Notices delivered personally will be deemed communicated as of actual receipt; notices sent by recorded delivery post will be deemed communicated as of two days after posting.
17. This Agreement supersedes all proposals, oral and written, and contains all agreements between the parties with respect to the rendering of the works in any manner whatsoever. Each party to the Agreements acknowledges that no representations, inducements, promises or agreements, oral or otherwise, have been made by any party or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promises not contained in the Agreement shall be valid or binding. Any modification of this Agreement will be effective only if it is in writing and signed by both parties.
18. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. This Agreement is to be governed by the Law of England.
Coach: For and on behalf of Client: For and on behalf of