BUSINESS COACHING / CONSULTING AGREEMENT
This agreement is made between <Client Business Name>, ("The Company"),
AND Scott Kixmiller, Kixmiller Coach & Consult, LLC, ("The Consultant")
1. Definitions. The following terms shall have the following meanings: “The Company” means the business whose details are stated in this agreement and has agreed to contract an authorized licensee of Scott Kixmiller, Kixmiller Coach & Consult, LLC to perform consulting services. “The Consultant” means the company or individual that has entered into this agreement to supply The Company with the goods and/or services that have been purchased by The Company. “The Products & Services” refer to those goods and/or services that have been purchased by The Company from The Consultant. It is also agreed and understood that The Consultant is an authorized licensee of Scott Kixmiller, Kixmiller Coach & Consult, LLC.
2. Consultation Services. The Company hereby contracts The Consultant to perform the following services in accordance with the terms and conditions set forth in this agreement: The Consultant will consult with the owners, officers and employees of The Company concerning matters relating to the profitability, marketing, sales, management, human resources and generally any matter arising out of the daily operations of The Company. This agreement will start on <insert today’s date> and will end on <insert the date 1 year from today>.
3. Supply of Products and Services. The Consultant agrees to provide The Company with The Products & Services as detailed in this agreement, subject to Section 4. The Company acknowledges that it may request additional products and/or services from The Consultant for an additional cost, the provision of such products and/or services to be at the discretion of The Consultant.
4. Information. The information provided in The Products & Services is for reference purposes only. The Products & Services are sold on the terms and understanding that (1) The Consultant is not responsible for the results of any actions taken on the basis of information in The Products & Services, nor for any error in or omission from The Products & Services; and (2) The Consultant is not engaged in rendering legal, accounting, professional or other advice or services. The Consultant expressly disclaims all and any liability and responsibility to any person, whether a purchaser or reader of this publication or not, in respect of anything, and of the consequences of anything, done or omitted to be done by any such person in reliance, whether wholly or partially, upon the whole or any part of the contents of The Products & Services.
5. Place Where Products & Services Will Be Rendered. The Consultant will perform most services in accordance with this agreement at a location of The Consultant’s discretion. In addition, The Consultant will perform services on the telephone, through video conference, or e-mail and at such other places as necessary to perform these services in accordance with this agreement.
6. Payment to Consultant. The Consultant will be paid at the rate of <insert monthly coaching fee> per month (plus applicable taxes) for work performed in accordance with this agreement.
7. Independent Contractor. Both The Company and The Consultant agree that The Consultant will act as an independent contractor in the performance of its duties under this agreement.
8. Disclaimer The Company acknowledges and agrees that The Consultant, and any agent, employee or representative of The Consultant have not made any guarantees or promises concerning the income, revenue or profits which can or might be realized by The Company by using the information contained within The Products and Services. The results of The Company are totally dependent on The Company’s own skill and application of the information in The Products and Services.
9. Termination by Consultant This agreement may be immediately terminated by The Consultant if The Company fails to comply with the payment terms as detailed in this agreement, and The Company has failed to remedy the breach within 14 days of having received written notice of the breach and a request that it be remedied. In the event The Consultant terminates this agreement, The Consultant reserves the right to re-possess The Products and Services.
10. 100% Return On Investment (ROI) Guarantee is subject to the following conditions and would become invalid if:
1. The client ends the contract prematurely or fails to make all payments to The Consultant as and when they are due;
· The client does not live up to the stated accountabilities;
· The client doesn’t provide support or act as a sponsor, or assign key personnel to implement what is agreed at regular meetings;
· The client disappears or doesn’t respond to our communications within the agreed upon time period (usually 48 hours);
· The client does not enforce subordinate accountability (i.e. enforce consequences for negative, ineffective, or lazy behavior);
· The overall economy or the specific industry that the client is engaged in takes a downturn over at least two consecutive quarters;
· The client has made some bad assumptions or has misrepresented the facts, either knowingly or innocently, which are verified to be incorrect;
· The client has inadvertently under-committed in terms of support and is not investing the time needed to be the champion;
· Key people are on vacation, ill, responding to emergencies, or called away by client demands and do not implement within the agreed upon time frame;
· The competition makes a dramatic, unexpected move;
· A new technology emerges suddenly, or an existing one fails;
· Key customers of the client desert;
· Lower down in the organization, people are resisting a project because of rumor or competing self-interests;
· The client does not inform the coach/consultant (within 48 hours) if any situations develop that could materially affect the outcomes and success of the agreed upon implementation plan;
11. Confidential Information. The Consultant agrees that any information received by The Consultant during any furtherance of The Consultant’s obligations in accordance with this agreement, which concerns the personal, financial or other affairs of The Company will be treated by The Consultant in full confidence and will not be revealed to any other persons, firms or organizations.
12. Performance. Neither party shall be responsible for delays or failures in performance resulting from acts beyond its control, such as acts of God, acts of war, epidemics, civil insurrection, riot, power outages, fire, earthquakes and other disasters.
13. Proper Law. This agreement shall be interpreted according to the laws of the (coach: insert your state or province) and that this law shall be the proper law of this agreement.