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Agreements, Terms and Conditions and Why They Matter to You and Your Business!

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The Coach Trainer

A frequent area of contracting issues is where a coach trainer isn’t clear about the services delivered in their training.  In one example, a coach training involved confrontational techniques.  The trainee was not informed of these techniques and they were not agreed to before the training.  A clear contract would have prepared a trainee to accept or reject the service.  Once the trainee engaged they also needed clear termination terms so their desire to terminate was respected.

How-To’s of Contracting

Our International Coach Federation Core Competency #2 states:

  1. Establishing the Coaching Agreement—Ability to understand what is required in the specific coaching interaction and to come to agreement with the prospective and new client about the coaching process and relationship.
  1. Understands and effectively discusses with the client the guidelines and specific parameters of the coaching relationship (e.g., logistics, fees, scheduling, inclusion of others if appropriate).
  2. Reaches agreement about what is appropriate in the relationship and what is not, what is and is not being offered, and about the client’s and coach’s responsibilities.
  3. Determines whether there is an effective match between his/her coaching method and the needs of the prospective client.

Terms and conditions set out the rules by which you will both play by. For example, what rights do you have if things don’t turn out like you agreed? They protect you if things go wrong and reassure the customer they are dealing with a business that will treat them fairly. Your conditions must be fair, otherwise you can’t rely on them.

So what makes a term fair or unfair? A fair term strikes the right balance between the rights and obligations of the business and those of the customer respecting both of their relevant interests. An unfair term tilts that balance too much in favor of the business to the disadvantage of the customer. You may enforce your terms and conditions by asking them to sign but you can only enforce them if they are fair—even if your customer has signed off on them.  Fair terms will help you prevent disputes, save you time, protect your business if things go wrong, and are good for your reputation. If you are unsure if a term is unfair you can seek legal advice.

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