Coaching Agreement

COACHING AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This Coaching Agreement (the "Agreement") is made and entered into this ________ day of _______________________, 20_______, the City/Municipality of _____________________, Province of _____________________, by and between:

________, Filipino, of legal age, and with address at ________, a coach from the following organization: ________, hereinafter referred to as the "Coach".

- and -

________, Filipino, of legal age, and with address at ________, hereinafter referred to as the "Client"

The Coach and the Client shall be referred to collectively as the "Parties".

WITNESSETH THAT:

WHEREAS, Coach has the skills, qualifications, and expertise required to provide Coaching Services to Client's life, as described below.

WHEREAS, Client would like to contract Coach's services.

WHEREAS, Coach wishes to render such Coaching Services to Client.

NOW THEREFORE, for and in consideration of the promises and covenants contained herein, the Parties do hereby agree as follows:

I. COACHING SERVICES

Coach shall provide the following Coaching Services to Client (the "Coaching Services"):

________;

II. PURPOSE OF THE CLIENT

Client with the guidance, help, and assistance of Coach, wishes to accomplish the following objective:

________;

III. COACHING SESSIONS

1. Commencement and Completion Dates. The Coaching Services will begin on ________ (the "Commencement Date") and end on ________ (the "Completion Date").

2. Schedule. The schedule for the coaching sessions will be as follows:

________;

3. Length of Coaching Sessions. The length of one coaching session shall be: ________.

4. Location. The Coaching Services will be rendered at the following location:

________;

5. Class Size. The coaching sessions will be conducted in a classroom or conference environment with no more than ________ (________) attendees.

IV. FEES

1. Coaching Fees. Client agrees to pay Coach a fixed fee of ________ (₱________) (the "Fees")

2. Payment Date. Client will pay the Fees on ________.

3. Method of payment: Coach accepts the following method of payment:

Bank or e-wallet deposit shall be made to the following account:

Account number: ________

Account name: ________

Bank/E-wallet: ________

4. Penalties. If Client fails to pay when it falls due and demandable, Coach will be entitled to:

a. charge Client a penalty as follows:

________;

b. require Client to pay for the Coaching Services, or any remaining part of the Coaching Services in advance, if applicable; or

c. cease performance of the Coaching Services completely or until payment is made.

The rights mentioned in this article may be exercised at Coach's sole and exclusive discretion.

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VI. LATE ARRIVALS

1. Late Arrival by Coach. If Coach arrives late, the coaching session will be extended by the amount of time that was missed due to Coach's late arrival. However, if Client is not available for said extension, the same may be applied at the next coaching session.

2. Late Arrival by Client. Client's late arrival will not toll the time of the coaching session. In other words, Client is expected to be on time for each coaching session and no adjustment shall be made on Fees for time lost due to any late arrivals.

VII. INTELLECTUAL PROPERTY

There shall be no transfer of any intellectual property used during the Coaching Services. Any intellectual property provided by Client to Coach to assist in the provision of the Coaching Services shall belong to Client and any intellectual property belonging to Coach that is provided or shown to Client shall belong to Coach.

VIII. OBLIGATIONS

Coach shall be fully prepared for each coaching session by reviewing any material provided by Client before any coaching session. Coach shall likewise prepare any materials that may be needed for the coaching session.

Coach shall keep all Client information confidential.

Coach does not offer any promises or guaranteed with regard to the Coaching Services. Client hereby acknowledges and agrees to the following:

1. Client is solely and exclusively responsible for the choices that Client makes in regard to the Coaching Services or any changes to Client's life;

2. Coach shall not be responsible for any actions or inaction Client chooses to take;

3. Coach is not liable for any result or non-result or any consequence in relation to Client's participation in the Coaching Services;

4. Coach is not in a therapeutic or medical relationship with the Client. Coach does not provide therapy or medical services, Client receives or avails of the Coaching Services at Client's own free will as needed.

IX. WARRANTIES

Coach warrants and represents that Coach is equipped with the appropriate skills, knowledge, expertise, and relevant experience to carry out and perform the Coaching Services. At Client's request, and during the term of this Agreement, Coach will provide the Coaching Services to the best of Coach's abilities.

Coach is equipped with the relevant certification: ________. Coach and Client agree that this certification is a necessary and material requirement for the perfection of this agreement.

X. NONEXCLUSIVITY

Client agrees and acknowledges that Coach may engage or be under the engagement with any other business or industry, including, if applicable, the direct competitors of Client. Further, Coach may be engaged in Coaching Services or be employed with other coaching engagements, business, profession, trade, or similar activities provided that it will not give rise to any conflict of interest between Coach and Client.

XI. LIMITATION OF LIABILITY

Except in cases of death or personal injury caused by either party's acts or negligence, either party's liability in contract, quasi-delict, or otherwise arising through or in connection with this Agreement or through or in connection with the completion of the obligations under the Agreement shall be limited to the Fees paid by Client to Coach.

To the extent it is lawful, neither party shall be liable to the other party in contract, quasi-delict, negligence, breach of statutory duty or otherwise for any loss, damage, costs, or expenses of any nature whatsoever incurred or suffered by that other party of an indirect or consequential nature including without limitation any economic loss, data loss, loss of goodwill, or other loss of turnover, profits, or business.

XII. INDEMNITY

Client hereby agrees to indemnify Coach against any and all damage, liability, and loss, as well as legal fees and costs incurred, as a result of the Coaching Services rendered under this Agreement or any transaction or matter connected with the Coaching Services or the relationship between Client and Coach. This clause shall not be read to provide indemnification for any Party in the event that a competent court of law, rendering final judgment, holds that the bad faith, gross negligence, or willful misconduct of the Party caused the damage, liability, or loss.

XIII. TERMINATION

This Agreement may be terminated by either Party through a written notice:

1. if the other party commits a material breach of any term of this Agreement that cannot be remedied within Fourteen (14) Days or was not remedied within Fourteen (14) Days after a written request, such as non-payment or non-performance;

2. if the other party becomes unable to perform its duties hereunder, including the duty to pay or the duty to perform.

If this Agreement is terminated, Client hereby agreed to pay for all Coaching Services rendered up to the date of termination.

Any termination shall not affect the accrued rights or liabilities of either party under this Agreement of the law and shall be without prejudice to any rights or remedies either party may be entitled. Any provision or subpart of this Agreement which is meant to continue after the termination or come into force at or after termination shall not be affected.

XIV. RELATIONSHIP OF THE PARTIES.

The Parties hereby acknowledge and agree that nothing in this Agreement shall be deemed to constitute an employment, partnership, joint venture, agency relationship, or otherwise between the Parties and that this Agreement is for the sole and express purpose of rendering the Coaching Services by Coach to Client under the terms and conditions contained herein.

XV. WRITTEN NOTICES

All notices that are required to be in writing and any other communication may be made through email at the Parties' respective email addresses as follows:

1. Coach: ________

2. Client: ________

XVI. FORCE MAJEURE

Neither Party shall be liable for any failure to perform due to causes beyond its reasonable control including but not limited to acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances, provided that the Party prevented from complying herewith shall take all actions within its power to comply as fully as possible.

Except when not reasonably possible, the Party prevented by force majeure shall notify the other Party in writing within 5 days from the occurrence of said force majeure. The Coaching session shall be rescheduled at a date and time agreed upon by both Parties.

XVII. ASSIGNMENT

This Agreement, or the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred in whole or in part by either Party.

XVIII. SUPPORTING DOCUMENTS AND ADDITIONAL ACTS

The Parties agree to execute such other documents as are reasonable and necessary for the proper implementation of this Agreement.

XIX. APPLICABLE LAW

This Agreement shall be governed by and construed in accordance with the laws of the Republic of the Philippines.

XX. WAIVER

Failure of either party to insist, in one or more instances, the strict performance of any of the terms of this Agreement, or to exercise any portion herein contained, shall thereafter not be construed as abandonment or cancellation, or waiver of such term. No waiver shall be deemed to have been made unless expressed in writing and signed by the party granting the waiver. No waiver of any term or provision of this Agreement shall constitute a waiver of any other term or provision or of the same provision on a future date.

XXI. COUNTERPARTS

This Agreement may be executed in counterparts, all of which constitute a single agreement. If the dates set forth at the signatures of this document are different, the Agreement shall be considered effective as of the date that both Parties signed the Agreement.

XXII. SEVERABILITY

The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid, the Parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed subsequent to the expungement of the invalid provision.

XXIII. CUMULATIVE RIGHTS

The rights of the Parties under this Agreement and the law are cumulative and shall not be construed as exclusive unless otherwise required by law.

XXIV. HEADINGS

Headings are for convenience only and do not affect the interpretation of this Agreement.

XXV. ENTIRETY OF AGREEMENT

This Agreement represents the entire agreement between Coach and Client and supersedes all prior negotiations, representations, agreements, either oral or written.

XXVI. AMENDMENTS AND MODIFICATIONS

This Agreement may be amended only by a written instrument signed and agreed upon by both Parties.

IN WITNESS WHEREOF, the Parties have hereunto affixed their signatures on the date and place first stated above.

________
Coach

________
Client