Terms and Conditions
1. Nature and Scope of Services. Our engagement and the services that I will render to you are limited strictly to coaching services in the connection with projects you ask me to assist you with. I will keep you advised of the developments as necessary to perform my services and will consult with you as necessary to ensure the timely, effective, and efficient completion of my work. I will communicate with you in any manner necessary but suggest that e-mail is an efficient and cost
effective method of communication between us.
2. Duty to Preserve Your Confidential Information. It will be necessary that you disclose information about yourself or your business that may be regarded as confidential. You may also be required to make decisions, which are sometimes difficult. You agree to provide me with all factual information and materials necessary to perform my services. I will keep all information that you disclose to me confidential and not disclose it to other persons without your permission.
3. Advice and Disclosure. I strive to serve my coaching clients effectively and efficiently. Any opinions concerning the outcome of business matters are expressions of my best professional judgment, but are not guarantees. You agree to disclose all pertinent facts and to keep me informed of all developments in the business matters we discuss and that I am coaching you on. You also agree to cooperate fully with me and to be available to attend such meetings or conferences (by telephone or in person) as we mutually agree is appropriate.
4. How I Charge for my Services. By signing this Agreement we will agree that my services to you will be provided as follows. The fee will be $ .
5. Costs and Expenses. In addition to my fee, I may charge you pre-approved out-of-pocket expenses that I have advanced on your behalf and internal charges for support activities.
6. How I Will Bill You. I will bill you as follows: , although I may sometimes bill more frequently when appropriate under the
circumstances.
7. Non-Payment of Fees and Costs. Failure to pay any invoice rendered when due will constitute a default. In the event of a default, you agree that in my discretion I may immediately cease all coaching services on your behalf or discontinue my coaching services to you (subject to ethical obligations and any other applicable provision of law).
8. Questions About Billings. I encourage you to discuss with me any questions you may have about fees or billing statements. I want you to be satisfied both with the quality of my services and the reasonableness of my fees. I will attempt to provide as much billing information and in such customary form as you reasonably require.
9. Termination. You have the right to terminate the coaching services I provide to you under this Agreement by providing thirty (30) days written notice at any time. You are not relieved of the obligation to pay for all services rendered and costs incurred prior to the receipt of such notice. I have the same right to terminate our engagement, subject to an obligation to give you reasonable notice of such termination.
10. Limit of Liability. Under no circumstances shall I or my agents be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, the services and any applicable product(s) under this Agreement. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, my liability in such jurisdictions shall be limited to the extent permitted by law. The maximum liability I have to any person, firm or corporation whatsoever arising out of or in the connection with the services provided under this Agreement shall in no case exceed the actual price paid to me by you for the services (and/or products) whose use, or other employment gives rise to the liability.
11. Indemnification. Upon a request by me, you agree to defend, indemnify, and hold me and my other affiliated companies harmless, and my employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your breach of this Agreement or any of your obligations hereunder.
12. Jurisdiction and Disputes. This Agreement shall be governed by the laws of the State of _______________. All disputes hereunder shall be resolved in the applicable state or federal courts of the State of ___________. You consent to the jurisdiction of such courts, agree to accept service of process by mail, and waive any jurisdictional or venue
defenses otherwise available.
13. Waiver. No waiver by either one of us of any default shall be deemed as a waiver of any prior or subsequent default of the same or other provisions of this Agreement.
14. Severability. If any provision is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision and such invalid provision shall be deemed to be severed from the Agreement.
15. Your Agreement With Me. Your Agreement to my work with you (by signing a copy of this letter in the space below and returning the same to me with your retainer check, credit card or wire transfer) constitutes your acceptance of the foregoing terms and conditions. If any of them is unacceptable to you, please advise me now so that we can resolve any differences and
proceed with a clear, complete, and consistent understanding of our relationship. Furthermore, you understand that by signing this Agreement, you certify that no misrepresentation, false statements, fraud, intimidation, coercion, or duress were used to obtain this Agreement.
Thank you again for this opportunity. I appreciate the respect and confidence, which you have expressed, and look forward to working with you.