What is a Coaching Agreement?
What is a Coaching Agreement
Literally, a coaching agreement is a contract between you as the coach and your client. It can be verbal or written. If it is written, it will tend to cover all aspects of the relationship including any terms which need careful consideration. It serves to formalise your relationship with the client. A coaching agreement may also be called coaching contract, coaching arrangement, coaching understanding , coaching engagement or coaching accountability contract.
A coaching agreement is a vital starting point – every coach should have a coaching agreement in place to ensure that there is no ambiguity about what services you’re providing and these are in alignment with the client’s expectations. An introduction to coaching will help you understand the fundamental principles of coaching including an exploration of the skills required. In particular, an analysis and discussion of coaching agreements is provided.
Key Components of a Coaching Agreement
Coaching agreements can vary in complexity and specificity, depending on the particular coaching style and preferences of the coach. However, there are some key elements that are typically found in any basic coaching agreement.
Parties: The coaching agreement should be entered into by the coach and by the client, or a company or a group on behalf of a client. We suggest that your contract title be "Coaching Agreement" to describe your services (as opposed to something like Consulting Agreement, which has a different legal meaning) and instead use the descriptions below to describe your services.
Parties to the Agreement
- Describe the Services.
- Describe the Proposed Duration of the Services.
- Describe the Fees.
- Describe Confidentiality.
- Describe Governing Law.
Why You Need a Sample Coaching Agreement
Coaching agreements and contracts are important both for you and your business and your client. Both of you need to know the exact terms and conditions so that there is little or no misunderstanding down the road. Because coaching fees can be quite high, most people can’t afford to come back to you again and again because there was a disagreement about your coaching agreement. That’s why it is so important that you spell out everything in your coaching agreement.
A sample coaching agreement can save you some time, if you use it. A sample coaching agreement has all of the legal language included that most lawyers would agree on. All you have to do is to fill in the blanks where appropriate. An exception is when the person receiving your coaching has difficulty reading English. You might have to pay someone to translate your coaching agreement into their language so that they clearly understand what they are signing. This would only be necessary in rare instances.
In any event, your coaching agreement should be nicely typed, printed and signed by both you and your client, as well as a witness, either your secretary or another employee. If you find it uncomfortable to have someone witness a signature, understand that this is just standard procedure. Keeping records and getting signatures on your contracts is simply being a good business person.
How to Tailor a Sample Coaching Agreement
Coaching agreements are essential components of the coaching process as they establish the bounds of the relationship, create expectations for both parties, and set the parameters for the services being provided. There are sample coaching agreements available, which can be used as guidelines for how a general coaching agreement should be laid out. However, using available sample coaching agreements, it is necessary to slightly customize the sample coaching agreement to better fit the circumstances of your particular coaching situation.
When tailoring a sample coaching agreement, it is important to adjust the document to incorporate the particulars of the arrangement you have with your client. For instance, if you have an on-going coaching engagement with a client over the course of several months, the sample coaching agreement for a one-off appointment may not be appropriate or simply needs to be scaled up as the sample coaching agreement may not be sufficient to cover all the bases. Similarly, if you provide additional services to your client that are not addressed in the sample coaching agreement, they should be incorporated into the customized coaching agreement.
In tailoring a sample coaching agreement, you may also need to separate, or omit, certain provisions. For example, in the context of life or career coaching, you may need to provide the option for the client to terminate their engagement simply because they no longer desire to use coaching services, as opposed to when running a business coaching practice where you can provide for termination on the grounds of unpaid fees or generally if the client has failed, at times, to follow your direction.
It is recommended to also look for any anomalies that may be present in a sample coaching agreement, where the sample coaching agreement terms would not apply to your relationship with a client. An example of a potentially anomalous relationship is that of group coaching where a sample coaching agreement may specifically use the term "client" where there are multiple clients at one time under a group coaching arrangement.
The aforementioned are just a few of the different ways in which you may need to tailor a sample coaching agreement for your selected coaching practice.
Typical Challenges and Solutions
Common issues that individuals may have in drafting agreements and solutions to those issues
While the "Agreements" a coaching business uses with clients vary in different respects, such as length, format and content, the reality is that "Agreements" themselves frequently give the Parties – Coaches and Clients – difficulties. Typical issues may be: The solution to each of the issues listed above is, of course, significantly and depend upon the individual situation. For example, the Agreement may provide that a missed payment will not result immediately in the imposition of additional fees; rather , the Client will be called to discuss the matter with the Coach. Thereafter, the Coach may (or may not) determine what course of action to take in the event that an Agreement is not timely renewed. Most – if not all – "Agreements" contain a "discretion" in favor of the Coach, respecting enforcement and/or renewal of the "Agreement." Ideally, a written "Agreement" should seek to "provide" not only the information that the Coach deems useful and/or important, it should also seek to "omit," at least generally, information that would be less useful or helpful. As a result, a mutual understanding can often be beneficial for Coaches and Clients.
Legal Issues to Consider
Coaching agreements are legally binding contracts. As such, they will be enforced in the court of law where they are created. It’s important to understand what the laws of your jurisdiction are with respect to contracts so that you can properly draft and enforce your specific document.
There should be a venue clause in every contract you write, regardless of whether or not you think you may actually need to bring an action against the other party at some point. That clause should identify not only the state, but also the jurisdiction and court in which you will file if it comes to that. Remember, the venue clause is meant to deter your client from pursuing action because simply the thought of having to hire a lawyer in your state jurisdiction may be enough to make them think twice about bringing an action.
In order to have an enforceable contract, you need to have the legal capacity to enter into it. Some restrictions on capacity may include: being underage (18 or the age of majority of your state), intoxicated, insane, or not yourself due to mental impairment. Also, in order for your agreement to be enforceable, there must be consideration for your promises or your client’s promises.
Any agreement can be declared partly or wholly unenforceable if it hits on any of the following red flags: requires you or your client to break the law or partake in illegal activities, forbids you from exercising a right, or is considered to be against the public good (like a no-compete agreement).
Disputes will arise every now and again, and it’s important that your coaching agreements have a dispute resolution clause. In the event of a dispute, this clause will dictate how you and your client will proceed. If both you and your client are in agreement to using mediation and then going to court, then put together a dispute resolution clause that says just that. An example of a dispute resolution clause is written below:
In the event of a dispute, Coach and Client agree in good faith to first attempt to resolve any problem, claim or dispute informally and amicably. If it is unable to be amicably resolved, Coach and Client both agree to submit all issues in dispute, including both fact and law, for resolution to an independent and neutral third-party arbitrator in [insert location]. Coach and Client acknowledge that all disputes between them will be governed by the law of [insert location], without regard to the choice of law.
Leveraging Technology to Organize Your Agreements
Once the coaching agreement is signed and stored, there will be many tasks and management activities that will follow. Some of these tasks may involve simply paper-based work, others will be complex enough to warrant technology.
For instance: With so many online tools and platforms dedicated to company performance, goal setting, and more, there are several options for improving communication with clients post-agreement. For example, if you have a general set of communications that need to be sent to clients at regular intervals, it’s worth exploring integrated marketing software. This often allows for automated communications based on triggers or events. These platforms often integrate with CRM systems as well, to help keep track of ongoing communication efforts. This can also help to resolve issues a client may have before they become a reason for termination. Several of these platforms also allow for training modules, templates for corporate onboarding, and more. This will allow you to train individuals and teams that were brought on as a result of corporate coaching agreements, while providing them with valuable resources for ongoing use. Technology comes into play again here, in the form of employee and client portals. There are many platforms and websites that offer customizable versions of this type of software. These allow for: There are many resources for building a custom website or portal, as well as platform-only solutions that come with a number of benefits. If you’re interested in building your own site, it’s worth exploring programs like Wix . It’s a drag-and-drop interface that allows you to create a professional looking website without the need for in-depth design or website building knowledge. If you’re looking for a simple and easy to use blog or content hub for your clients to access, there are several options for those too. WordPress, Medium, and many others allow you to build a content hub for free. One area where technology provides real advantages is in electronic signatures and agreement management software. With industries and corporations going paperless, it’s important to stay up to date. There are several great options for electronic signature software that help businesses get contracts signed with less hassle. As a coach, it also allows for easy tracking of contracts and agreements. Going paperless can save you time and money. For example, many companies spend a good portion of the year pushing out W2 forms to employees. Making this an electronic process minimizes costs and saves time. This works for businesses of all sizes, and many have already made the switch. The process can also be tied to a portal, where they can log in for other resources like training modules, templates, and more. When it comes to managing resources, there are plenty of tools you can use to automate time-consuming tasks. There are several great platforms that help with scheduling and tracking client progress. These can be updated via app, online, and synced to other calendars. These types of systems can even store tips and recommendations for each task, as well as scheduling reminders for when they need to be completed.