This Individual Leadership Coaching Program Agreement (hereinafter referred to as the “Agreement”) dated as of today's date as noted below (hereinafter referred to as the “Effective Date”), is made by and between A Student of Leadership, LLC (hereinafter known as the “Company”) and the client's name as noted below (hereinafter referred to as the “Client”). Together, the Company and the Client are collectively referred to herein as the “Parties”.
WHEREAS, the Company provides Executive Coaching and Leadership Development (“Services”); and
WHEREAS, the Client wishes to retain the Company and accepts the terms of the Agreement as set forth herein for the Company to provide such Services.
NOW THEREFORE, in consideration of the mutual covenants stated herein, the Parties agree as follows:
1. DESCRIPTION OF SERVICES
The Company agrees to provide Individual Executive Leadership Coaching for The Head of The Table (hereinafter referred to as the “Program”).
The Program and coaching responsibilities are:
As your coach, I will:
1. Help you prioritize and develop a workable plan to improve your leadership behavior
2. Set up the schedule for meetings (phone or in person) for the upcoming month
3. Return your voice- or e-mail within 24 hours
4. Provide guidance and suggestions that fit your needs
5. Provide appropriate encouragement, reinforcement, and support
6. Push you when you need it (play your behavioral conscience)
7. Support you in gaining resources associated with implementing your plan
8. Act as a positive role model for receiving feedback (how I’m doing as your coach)
9. Maintain a strict code of confidentiality regarding our discussions
10. Bring my full effort and expertise to every session
The Client can ask questions or receive email support by contacting Robert Adams at roberta@astudentofleadership.com
The Program runs for 14 Months and begins on today's date as noted below.
2. DISCLAIMER
The Client understands that the Company is a Certified Executive Leadership Coach, utilizing the Marshall Goldsmith, Stakeholder Centered Coaching methodology.
The Client understands that the Company is not an attorney, therapist, publicist, financial advisor, and/or accountant, or any other licensed or registered professional. The Company and Client’s work together is not a substitute for professional financial, business, or legal advice. The Company and Client’s work together may address, among other things, goals, priorities, identifying resources, brainstorming, action plans, strategy, and planning. The Client understands that the Company does not guarantee any outcome, income, revenue, and/or profit from the Parties’ work together.
3. EXPECTATIONS
The Company requests the Client to:
To become a more effective leader, I will:
- Pick 1 leadership behavior I am committed to improving (development goal)
- Share my development goal with all identified stakeholders and request their
support in improving these leadership skills and behaviors from this date forward - Ask for feedback and suggestions from all stakeholders once a month
- Acknowledge and document suggestions from stakeholders/raters with a “Thank You”
- Keep my coach informed regarding feedback/suggestions received
from stakeholders in a timely fashion - Practice/rehearse with my coach key interactions associated with my behavior
improvement areas - Try new behaviors that are outside my “comfort” zone
- Proactively ask for help between scheduled calls with my coach
- Take part in two mini follow-up surveys at six and twelve months
- Prepare and discuss with my coach an After-Action Review of my experience
I agree to uphold these ground rules to the best of my ability.
4. TERM
The Program is 14 Months and begins on today's date as noted below (the “Term”). The Client understands that the Parties do not have a relationship after the end of the Program. If the Parties choose to continue their relationship in any way, a separate and distinct agreement will be entered into and agreed upon.
5. TERMINATION
The Company is committed to providing the Client with a positive experience in the Program. By agreeing to and signing the Agreement, the Client understands that the Company may, in its sole discretion, terminate the Agreement and limit, suspend, and/or terminate the Client’s participation in the Program without a refund or forgiveness of monthly payments if the Client becomes disruptive or violates any term of the Agreement.
If the Client chooses to terminate the Agreement at any time, no refunds will be issued.
6. PAYMENT
The total price of the Program is $25,000.00 US Dollars, and payment is contingent on results.
The Client's stakeholders will complete two mini surveys during the Term: one at month 6, for progress-checking only, and one at month 12, which determines payment.
If the month 12 survey shows at least a +1 aggregate improvement in the Client's identified leadership behavior(s), compared to the baseline assessment, the Client owes the full $25,000.00, due within 14 days of the month 12 results.
If the month 12 survey does not show that improvement, no payment is owed.
This structure holds only if the Client has held up their end: following the Client Expectations in Section 3, staying engaged with at least 6-10 stakeholders through both surveys, and not missing more than 1 session without rescheduling. If the Client doesn't meet these, full payment is owed regardless of survey results.
This payment structure applies only to The Head of The Table 14-Month Program, not to any 6- or 9-month coaching tier.
If the Client ends the Program before month 12, no payment is owed, and no results determination will be made.
7. REFUND POLICY
Because payment isn't due until month 12 and only if results are achieved, there's nothing to refund. Once the Client owes and pays under Section 6, that payment is final. No refunds, no chargebacks.
B. No Chargebacks
The Client will not, under any circumstances, issue or threaten to issue any chargebacks to the Company or to the Client’s credit card or check payment for any reason whatsoever related to the Program. In the event of a chargeback, the Company reserves its right to report it to the credit bureaus as a delinquent account.
8. CONFIDENTIALITY
The Agreement is considered a mutual non-disclosure agreement. Both Parties agree not to disclose, reveal, or make use of any information learned by either party throughout the Term of the Program (“Confidential Information”). Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties shall keep all confidential Information strictly confidential by using a reasonable degree of care, but not less than the degree of care used by it in safeguarding its own confidential Information. The obligation of the Parties hereunder to hold the information confidential does not apply to information that is subsequently acquired by either Party from a third party who has a bona fide right to make such information available without restriction. Both Parties agree that any and all confidential Information learned as of the Effective Date shall survive the termination, revocation, or expiration of the Agreement.
Notwithstanding anything in the foregoing, in the event that the Client is required by law to disclose any of the Confidential Information, the Client will (i) provide the Company with prompt notice of such requirement prior to the disclosure, and (ii) give the Company all available information and assistance to enable the Company to take the measures appropriate to protect the Confidential Information from disclosure.
9. NON-DISCLOSURE OF COMPANY MATERIALS
Material given to the Client in the course of the Program is proprietary, copyrighted and developed specifically for and by the Company. The Client agrees that such proprietary material is solely for the Client’s own personal use. Any disclosure to a third party is strictly prohibited.
The Company’s Program is copyrighted, and the original materials that have been provided to the Client are for the Client's individual use only and are granted as a single-user license. The Client is not authorized to resell, share, or use for profit any of the Company’s intellectual property. All intellectual property, including the Company’s copyrighted program and/or course materials, shall remain the sole property of the Company. No license to sell or distribute the Company’s materials is granted nor implied.
Further, by signing below, the Client agrees that if the Client violates, or displays any likelihood of violating, any of the Client’s agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
10. INDEMNIFICATION
Client agrees to indemnify and hold harmless the Company, its affiliates, officers, directors, agents, employees, representatives, successors, independent contractors, and assigns from all direct and third party claims, demands, losses, causes of action, damages, lawsuits, expenses, fees, including attorneys’ fees, costs, and judgments that may be asserted against the Company, by any third parties that result from the errors, negligence, acts, and/or omissions of the Client and/or the Company.
11. ARBITRATION
Any controversy or claim between the Parties shall be settled by arbitration before a single, mutually agreed upon arbitrator under the then current rules of the American Arbitration Association (“AAA”). If the Parties cannot agree upon an arbitrator, then each party shall appoint one arbitrator and then both arbitrators, in turn, shall appoint a third neutral arbitrator to hear the matter. The decision and award of the arbitrator shall be final and binding, and the award so rendered may be entered in a state court of PA. The arbitration hearing shall be held in the state of PA. Each party shall pay its own costs and expenses related to the arbitration, and shall split the cost of the arbitrator equally. The arbitrator will have no authority to award punitive or other non-compensatory damages to either party. No damages excluded by or in excess of any damage limitations set forth in this Agreement shall be awarded. The sole remedy for the Client shall be a refund of any amount paid to the Company.
12. APPLICABLE LAW + VENUE
This Agreement shall be governed by the laws of the state of Pennsylvania. Any action brought by any party arising out of or from these Terms shall be brought within the PA, County of CHESTER.
13. ENTIRE AGREEMENT; AMENDMENT; HEADINGS
The Agreement constitutes the entire agreement between the Parties with respect to their relationship, and supersedes all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof. Neither course of performance, nor course of dealing, nor usage of trade, shall be used to qualify, explain, supplement or otherwise modify any of the provisions of this Agreement. No amendment of, or any consent with respect to, any provision of this Agreement shall bind either party unless set forth by writing, specifying such waiver, consent, or amendment, signed by both parties.
The headings of Sections in the Agreement are provided for convenience only and shall not affect its construction or interpretation.
14. COUNTERPARTS
The Agreement may be executed in one or more counterparts (including by means of mail or electronic mail/e-mail via PDF), each of which shall be deemed an original, but all of which together will constitute one and the same instrument.
15. SEVERABILITY
The provisions of the Agreement shall be deemed severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision hereof. If any Section, subsection, sentence, or clause of the Agreement shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on the Agreement as a whole or on any Section, subsection, sentence, or clause hereof not expressly so adjudged.
16. WAIVER
The waiver or failure of the Company to exercise waiver in any respect, for any right provided herein, shall not be deemed a waiver of any further right pursuant to the Agreement.
17. NO ASSIGNMENT
The Agreement may not be assigned by either of the Parties without the express, written consent in advance of the other Party.
18. FORCE MAJEURE
In the event that any cause beyond the reasonable control of either of the Parties, including, but not limited to: acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under the Agreement, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
19. NO GUARANTEES, WARRANTIES OR REPRESENTATIONS
The Client is responsible for their own progress and results. The Company will guide and support, but the Client's engagement is essential to the outcome.
The Company makes no guarantees about performance, income, or business results, except that Section 6 determines whether payment is owed based on stakeholder-rated results. That's a payment mechanism, not a promise of career or business outcomes. Results vary by Client.
20. PHOTOGRAPH AND TESTIMONIAL RELEASE
The Client grants the Coach the right, title and interest to share any and all communications, wins, screenshots of communications, or testimonials in connection with the Client's participation in the Program for the purposes of promoting and marketing the Program across social media, advertisements, the Coach’s website, and to the Coach’s future clients. The Client understands that s/he will not receive any compensation for use of their likeness, testimonial, or image. The Coach will make all reasonable efforts to conceal the identity of the Client, unless otherwise granted permission by the Client to share their name or identifying information.
For Questions or Support
