As a business coach, it is likely that you will be providing coaching services to clients over a period of a number of sessions. You should have in place your Terms and Conditions through the form of a Client Agreement. This is a legally binding agreement between you and your clients. This document is made up of a Proposal setting out specific details for each client. For example, the personality tests and coaching sessions you will undertake with them and your Terms and Conditions which should be standard for each client.

Payment of Fees

Your Proposal should set out in detail the fees you will be charging, the specific services and reports you will be providing, as well as the notice period for the payment of invoices. You should also set out the notice period required for cancellation or alteration of the services. You may also require them to pay for third party services such as personality tests and this should also be set out in your Proposal and Terms and Conditions.

Delivery of Services

Your Terms and Conditions will set out the terms of the relationship including how the services will be provided and how these services can be varied. You should also address how payments can be made, when invoices are due for payment and whether you require any deposits to be paid before you will start providing the services.

Intellectual Property

Your Terms and Conditions should set out the intellectual rights and obligations of both parties. You are likely to be using your own intellectual property in providing the business coaching and you may have developed a range of templates, processes and activities as part of your coaching business. How you will licence these documents to your clients should be set out in the Terms and Conditions. Your client may also be using some of their own intellectual property as a part of receiving the services and may be creating business plans, goals and other material with you. Usually this material will become the client’s intellectual property on payment of the services; however, you can place restrictions on assigning the material. For example, they may not use it for commercial use.

You should also have extensive clauses on confidential information and privacy, as you will be collecting personal and confidential information during your business coaching sessions. You will also be providing confidential information to clients and this should also be protected.

Obligations on the Client

Depending on the nature of the services you are providing, you may place obligations on the client in relation to actions that you require them to take to properly provide the services to them. This could include preparation for sessions, homework after sessions and other tests or analysis you would like them to undertake. You should include in your Terms and Conditions that you are able to cancel the services if the client is acting in such a way as you are not able to provide the services to them.

Conclusion

As a business coach, it is important that you protect your intellectual property and ensure that your clients can protect their own intellectual property and confidential information. The lawyers at LegalVision have extensive experience drafting Client Agreements and Confidentiality Agreements for business coaches. We can draft a thorough Client Agreement which will protect your interests. If you’re in need of legal advice, contact us on 1300 544 755 and speak with one of our experienced contract solicitors.

Edith Moss

Next Steps

If you would like further information on any of the topics mentioned in this article, please get in touch using the form on this page.