Coaching Agreement
1. INTRODUCTION
Congratulations! I am excited to have you come into this program provided by Brian Smith and The Presence Project, LLC. Our team can’t wait to get started supporting you and your goals.
Please read the following agreement carefully so that you know exactly what to expect. If you agree to the terms below, sign at the bottom.
Once you’ve signed, you’ll receive a welcome email from brian@thesmithforum.com. This email includes your scheduling information and intake form, to be filled out prior to your first session.
2. WHAT THE PROGRAM INCLUDES
You’ll work privately with Brian and his network on a month-to-month, retainer basis. The coaching period will start when you sign this contract, unless you have received written confirmation of a later start date. The coaching period will continue automatically until either you or Brian submit a written notice of termination. We ask that you give at least two weeks notice before your next payment date by emailing brian@thesmithforum.com.
Your coaching period will consist of three primary components:
A. 1-1 calls with Brian. Within the first week of the program you will have a 60 minute 1:1 call with Brian to go over the program in detail, personal assessment and set expectations.
Each month for 4 months, you will have one call per week of which will be determined by yours and Brian’s schedule. That’s a total of 16 calls. These calls are an opportunity to address challenges, establish action steps for the coming days and to keep you accountable to take the steps. You'll be expected to bring at least one specific challenge or desire to each call. This creates ownership on your part and gives each session a clear focus. Brian will also prepare for sessions by reviewing your goals and progress.
To ensure this preparation, you agree to fill out a check-in form at least 24 hours before every scheduled coaching session. You will be emailed this form every week. Failure to fill out a check-in form at least 24 hours before your session will make it more difficult to maximize your coaching time.
It is important that you prioritize your coaching in order to receive its full benefit.
*Note that your results will be less dependent on how much time we spend together and more dependent on the actions you take between sessions.
B. Private community, message board and 24/7 access to Brian. The private online community is set up to get support between sessions.
Multiple message boards, resources of suggested reading, videos and articles. Weekly challenges and a direct message board that goes directly to Brian.
Please break up longer messages into multiple smaller ones when possible, stick to one topic per message, and include a specific question if there’s something you want feedback on.
Brian typically responds to messages within 24 hours, Monday-Saturday Eastern Time.
Please do not text or email questions to Brian. They will likely get lost in the shuffle that way. Use the private community instead to ensure a prompt response.
C. Access to Brian's course materials. You'll receive access to all of Brian’s training material through the online community and Google Docs, including his current and future paid courses, to be used as a supplement for our 1-1 and group engagement. He will suggest specific training modules for you throughout the coaching engagement, when appropriate. These trainings are constantly updated and added to.
3. WHAT HAPPENS IN THE EVENT OF A “PAUSE”
A “pause” is defined as a one month period of time during which the coach or client is unavailable and would like to temporarily put the coaching engagement on hold. It also allows you to keep your spot on Brian’s roster. There are only two ways that the coaching engagement can be paused:
A. By Brian: In the event that Brian is unavailable to coach for a full month due to illness or family emergency you will be notified over email and your program will be extended for the equivalent duration as your sole remedy.
B. By you: You may pause your coaching engagement due to illness, family emergency, or vacation for a period of one month. To schedule a pause in coaching, you must first notify brian@thesmithforum.com, in writing, at least two weeks before the desired pause starts, except in the case of emergency. This pause allows you to skip a monthly payment, but it does not affect your payment schedule. You will not receive any 1:1 or group calls during your pause but will continue to have access to the community and courses.
4. YOUR PAYMENT DETAILS
You’ve agreed to pay $1,250 USD on a recurring, monthly basis. You have already paid your first monthly installment of $1,250. You will automatically be charged $1,250 on the same date each upcoming month until you decide to cancel.
Thank you for this investment in our program and your future.
If you would like to change your card information, please email brian@thesmithforum.com at least 48 hours before your payment date.
If your automatic payment fails for any reason, you will have 10 days to update your card information or ask us to re-run the payment.
After 10 days without a successful payment, your payment will be deemed late. In the event of a late payment, the charges will accrue as follows:
Up to 30 days Past Due: A single 7.5% late fee added to the total amount owed for that invoice.
After 30 days Past Due: We will cease all services and this contract will be placed “on hold” until you have paid the total amount owed plus all applicable late fees. If you wish to continue working together after Past Due payment is received, a new and updated contract will be signed subject to program availability.
5. ON RESULTS, REFUNDS, AND RELATIONSHIPS
This coaching relationship is a place to openly bring your challenges, ideas, and goals. Brian’s focus is to help you make more progress towards these goals than you would make on your own. His role is that of a coach, consultant, and thought partner. Brian agrees to readily offer his guidance to ensure that you are focused on the right things.
You agree to give 100% to this coaching relationship, knowing that you are ultimately responsible for your results. Your results from this program will be determined by your level of effort and from factors outside of our control. Because of this, no refunds will be given at any point.
Relationships are built on communication. If you ever feel that you are not getting what you signed up for, please communicate that directly to Brian so that he can make reasonable adjustments. Brian may also provide you feedback during the program in an effort to help you maximize your investment.
Of course, Brian does not provide professional therapy, diagnose any illnesses and is not responsible for any physical injuries that may occur through physical training.
6. INTELLECTUAL PROPERTY RIGHTS AND ATTRIBUTION
All program materials, including the pre-recorded training videos, private coaching calls, messages, any group coaching call presentations, and other communications, will remain the sole property of The Presence Project, LLC, subject to your rights to a non-assignable single user license to use in your coaching business upon payment in full of the program fee.
You shall not reproduce any of the materials without Brian’s prior written consent given in his sole discretion. In all cases you shall attribute the material to Brian Smith.
You grant Brian perpetual permission and license to use quotes you make during and after the program without compensation, as long as you have first given your written consent of usage. At the end of your contract period, you will have the opportunity to create a client case study. This allows us to improve our service and share your story with others.
7. WHAT HAPPENS IN THE CASE OF A DEFAULT OR DISPUTE
We agree that, with respect to money damages for uncured breach of this Agreement by The Presence Project, LLC, damages are difficult to ascertain with certainty. Therefore, the parties hereto agree that the maximum recovery, if The Presence Project, LLC is found to be in default in the performance of the terms of this Agreement, whether in contract, tort or otherwise, shall not exceed 100% of the total compensation paid for the program. Under no circumstances shall The Presence Project, LLC be liable for consequential or special damages. Violations of intellectual property rights under this Agreement may be remedied by equitable relief such as an injunction.
In the event of any dispute arising hereunder among the parties, and if the same is not settled within thirty (30) days, then either party may demand that the dispute be submitted first to confidential mediation in accordance with the Rules of the American Arbitration Association, or an ADR provider mutually agreed upon by the parties (“AAA”) for commercial disputes then in effect, with the mediator selected by AAA. If said mediation fails to resolve the dispute within thirty (30) days after said election, then the dispute shall be submitted for a confidential binding decision to an arbitrator selected by AAA. The parties to the dispute shall proceed with expedited arbitration in accordance with the Rules of the AAA for commercial disputes then in effect, and the decision may be enforced by a court proceeding. The parties shall each bear equally the cost of the mediator or arbitrator conducting the proceedings which shall be held in the headquarters city of The Presence Project, LLC. Nothing herein shall be construed as eliminating the right of a party to bring an action for injunctive relief.
8. MISCELLANEOUS
If any provision of this Agreement or any portion thereof shall be held to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable. This Agreement contains the entire agreement of the parties and supersedes any prior written or oral agreements between the parties. This Agreement can only be modified by an instrument signed by both parties. The captions herein are for convenience only. This Agreement shall not be interpreted against the drafter. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel compliance with every provision of this Agreement. Electronic signatures shall be considered originals. This Agreement shall be governed by the laws of state of The Presence Project, LLC headquarters.
These provisions shall survive termination of this Agreement.
9. CONCLUSION
Working with you is a privilege. There are many coaches out there to hire and many ways to invest your time. I am honored that you chose me.
If you agree to all of the above, please complete the form below: