Coaching Agreement - Template, Sample Form to Fill out Pro · PH-law
✓ Valid in Philippines · drafted to comply with local law
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COACHING AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
This Coaching Agreement (the "Agreement") is made and entered into this ________ day of ________, 20________, at the City/Municipality of ________, Province of ________, by and between:
________, Filipino, of legal age, with Tax Identification No. ________ and with address at ________, a coach from the following organization: ________, hereinafter referred to as the "Coach";
- and -
________, Filipino, of legal age, with Tax Identification No. ________ and with address at ________, hereinafter referred to as the "Client".
The Coach and the Client shall be referred to individually as a "Party" and collectively as the "Parties".
WITNESSETH: That —
WHEREAS, the Coach represents that the Coach possesses the skills, qualifications, training, and expertise required to render the Coaching Services described herein;
WHEREAS, the Client desires to engage the Coach to render such Coaching Services; and
WHEREAS, the Coach is willing and able to render such Coaching Services to the Client upon the terms and conditions hereinafter set forth;
NOW, THEREFORE, for and in consideration of the foregoing premises and the mutual covenants and stipulations hereinafter set forth, and pursuant to Articles 1305, 1306, and 1318 of the Civil Code of the Philippines (Republic Act No. 386), the Parties hereby agree as follows:
Art. I. COACHING SERVICES
The Coach shall render the following coaching services to the Client (the "Coaching Services"):
________.
It is expressly understood that this engagement is a contract for the rendition of services governed by Articles 1713 to 1731 of the Civil Code of the Philippines on contracts for a piece of work and lease of services, and not a contract of employment.
Art. II. PURPOSE OF THE CLIENT
The Client, with the guidance, assistance, and facilitation of the Coach, wishes to accomplish the following objective:
________.
Art. III. COACHING SESSIONS
§ 1. Commencement and Completion Dates. The Coaching Services shall commence on ________ (the "Commencement Date") and shall be completed on ________ (the "Completion Date").
§ 2. Schedule. The schedule for the coaching sessions shall be as follows:
________.
§ 3. Length of Coaching Sessions. The duration of one (1) coaching session shall be: ________.
§ 4. Location. The Coaching Services shall be rendered at the following location/platform:
________.
§ 5. Class Size. The coaching sessions shall be conducted in a classroom or conference environment with no more than ________ attendees.
Art. IV. FEES AND PAYMENT
§ 1. Coaching Fees. The Client agrees to pay the Coach a fixed fee of ________ Pesos (₱________) (the "Fees"), exclusive of any applicable taxes which shall be borne in accordance with the National Internal Revenue Code of 1997, as amended.
§ 2. Payment Date. The Client shall pay the Fees on or before ________.
§ 3. Method of Payment. The Coach accepts payment by bank or e-wallet deposit to the following account:
Account number: ________
Account name: ________
Bank/E-wallet: ________
§ 4. Penalties for Default. Should the Client fail to pay the Fees when the same become due and demandable, and after written demand pursuant to Article 1169 of the Civil Code of the Philippines, the Coach shall be entitled to:
a. charge the Client a penalty as follows: ________;
b. require the Client to pay in advance for the Coaching Services or any remaining portion thereof, if applicable; and/or
c. suspend or cease performance of the Coaching Services wholly or until full payment is made.
The rights enumerated in this Article may be exercised at the Coach's sole and exclusive discretion, without prejudice to any other remedy available under law.
Art. V. CANCELLATION AND RESCHEDULING
§ 1. Cancellation by Client. Should the Client wish to cancel or reschedule a coaching session, the Client shall provide the Coach with written notice at least ________ hours prior to the scheduled coaching session. Failure to provide such notice within the prescribed period shall entitle the Coach to charge the Client for the full amount of the coaching session as if it had been rendered.
§ 2. Cancellation by Coach. Should the Coach be unable to attend or conduct a scheduled coaching session, the Coach shall provide the Client with written notice as soon as reasonably possible. In such event, the coaching session shall be rescheduled at a date and time mutually agreed upon by both Parties, and no additional Fees shall be charged to the Client for such rescheduling.
Art. VI. LATE ARRIVALS
§ 1. Late Arrival by Coach. If the Coach arrives late, the coaching session shall be extended by the amount of time missed due to the Coach's late arrival. If the Client is not available for such extension, the equivalent time shall be applied to the next coaching session.
§ 2. Late Arrival by Client. The Client's late arrival shall not toll the duration of the coaching session. The Client is expected to be punctual for each coaching session, and no adjustment to the Fees shall be made for any time lost due to the Client's late arrival.
Art. VII. INTELLECTUAL PROPERTY
No transfer of any intellectual property used during the Coaching Services shall be effected by this Agreement. Any intellectual property provided by the Client to the Coach to assist in the rendition of the Coaching Services shall remain the property of the Client, and any intellectual property belonging to the Coach that is provided or shown to the Client shall remain the property of the Coach, consistent with the Intellectual Property Code of the Philippines (Republic Act No. 8293).
Art. VIII. OBLIGATIONS OF THE PARTIES
The Coach shall be fully prepared for each coaching session by reviewing any material provided by the Client beforehand and by preparing any materials necessary for the coaching session.
The Coach shall keep all Client information strictly confidential and shall process any personal data only in accordance with the Data Privacy Act of 2012 (Republic Act No. 10173), its Implementing Rules and Regulations, and the issuances of the National Privacy Commission.
The Coach offers no promise or guarantee with regard to the Coaching Services. The Client hereby acknowledges and agrees that:
§ 1. the Client is solely and exclusively responsible for the choices the Client makes in relation to the Coaching Services or any changes to the Client's life;
§ 2. the Coach shall not be responsible for any action or inaction the Client chooses to take;
§ 3. the Coach is not liable for any result, non-result, or consequence in relation to the Client's participation in the Coaching Services; and
§ 4. the Coach is not in a therapeutic or medical relationship with the Client. The Coach does not provide therapy or medical services. The Client receives or avails of the Coaching Services of the Client's own free will and as needed.
Art. IX. WARRANTIES
The Coach warrants and represents that the Coach is equipped with the appropriate skills, knowledge, expertise, and relevant experience to perform the Coaching Services. At the Client's request, and during the term of this Agreement, the Coach shall render the Coaching Services to the best of the Coach's abilities and with the diligence of a good father of a family pursuant to Article 1163 of the Civil Code of the Philippines.
The Coach holds the following relevant certification: ________. The Parties agree that this certification is a necessary and material requirement for the perfection of this Agreement.
Art. X. NON-EXCLUSIVITY
The Client agrees and acknowledges that the Coach may be engaged by or under engagement with any other business or industry, including, if applicable, direct competitors of the Client. The Coach may likewise be engaged in coaching services or be employed in other coaching engagements, businesses, professions, trades, or similar activities, provided that the same shall not give rise to any conflict of interest between the Coach and the Client.
Art. XI. CONFIDENTIALITY AND DATA PRIVACY
Art. XII. LIMITATION OF LIABILITY
Except in cases of death or personal injury caused by either Party's acts or negligence, and except in cases of fraud, bad faith, or gross negligence, either Party's liability in contract, quasi-delict, or otherwise arising through or in connection with this Agreement or the performance of the obligations hereunder shall be limited to the Fees paid by the Client to the Coach.
To the extent permitted by law, neither Party shall be liable to the other in contract, quasi-delict, negligence, breach of statutory duty, or otherwise for any indirect or consequential loss, damage, cost, or expense of any nature whatsoever, including without limitation any economic loss, data loss, loss of goodwill, or loss of turnover, profits, or business.
Art. XIII. INDEMNITY
Art. XIV. TERMINATION
This Agreement may be terminated by either Party upon written notice:
§ 1. if the other Party commits a material breach of any term of this Agreement which cannot be remedied within fourteen (14) days, or which is not remedied within fourteen (14) days after written request, such as non-payment or non-performance; or
§ 2. if the other Party becomes unable to perform its obligations hereunder, including the duty to pay or the duty to perform.
Upon termination, the Client agrees 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 or the law, and shall be without prejudice to any rights or remedies to which either Party may be entitled. Any provision or sub-part of this Agreement intended to continue after, or to come into force at or after, termination shall not be affected thereby.
Art. XV. RELATIONSHIP OF THE PARTIES
The Parties hereby acknowledge and agree that nothing in this Agreement shall be deemed to constitute an employer-employee relationship, partnership, joint venture, or agency between the Parties, and that this Agreement is for the sole and express purpose of the rendition of the Coaching Services by the Coach to the Client under the terms and conditions contained herein. The Coach shall render the Coaching Services as an independent contractor.
Art. XVI. WRITTEN NOTICES
All notices required to be in writing and any other communication may be made through the Parties' respective email addresses as follows:
§ 1. Coach: ________
§ 2. Client: ________
Art. XVII. FORCE MAJEURE
Neither Party shall be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to fortuitous events, acts of God, acts of civil or military authorities, riots, embargoes, epidemics or pandemics, natural disasters, and other unforeseen circumstances contemplated under Article 1174 of the Civil Code of the Philippines, provided that the Party so prevented shall take all reasonable actions within its power to comply as fully as possible.
Except where not reasonably possible, the Party prevented by force majeure shall notify the other Party in writing within five (5) days from the occurrence of such event. The affected coaching session shall be rescheduled at a date and time agreed upon by both Parties.
Art. XVIII. ASSIGNMENT
This Agreement, and the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred, in whole or in part, by either Party without the prior written consent of the other Party.
Art. XIX. SUPPORTING DOCUMENTS AND ADDITIONAL ACTS
The Parties agree to execute such other documents and perform such further acts as are reasonable and necessary for the proper implementation of this Agreement.
Art. XX. APPLICABLE LAW AND VENUE
This Agreement shall be governed by and construed in accordance with the laws of the Republic of the Philippines. The Parties agree that any action arising out of or in connection with this Agreement shall be brought exclusively before the competent courts of ________, to the exclusion of all other venues.
Art. XXI. WAIVER
The failure of either Party to insist, in one or more instances, upon the strict performance of any of the terms of this Agreement, or to exercise any right herein contained, shall not thereafter be construed as an abandonment, cancellation, or waiver of such term or right. 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.
Art. XXII. COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same agreement. If the dates of signature differ, the Agreement shall be considered effective as of the date on which both Parties have signed.
Art. XXIII. SEVERABILITY
The invalidity of any portion of this Agreement shall not affect the validity of any other provision. Should any provision of this Agreement be held invalid, the Parties agree that the remaining provisions shall remain in full force and effect as if executed subsequent to the expungement of the invalid provision.
Art. XXIV. 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.
Art. XXV. HEADINGS
Headings are for convenience only and shall not affect the interpretation of this Agreement.
Art. XXVI. ENTIRETY OF AGREEMENT
This Agreement represents the entire agreement between the Coach and the Client and supersedes all prior negotiations, representations, and agreements, whether oral or written.
Art. XXVII. 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 at the place first above written.
________
Coach
________
Client
SIGNED IN THE PRESENCE OF:
________ ________
ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES )
CITY/MUNICIPALITY OF ________ ) S.S.
BEFORE ME, a Notary Public for and in the above jurisdiction, this ________ day of ________, 20________, personally appeared the following persons:
Coach — ________, with competent evidence of identity consisting of ________ bearing No. ________;
Client — ________, with competent evidence of identity consisting of ________ bearing No. ________;
known to me and to me known to be the same persons who executed the foregoing Coaching Agreement, and they acknowledged to me that the same is their free and voluntary act and deed.
This instrument, consisting of ________ pages, including this page on which this Acknowledgment is written, has been signed by the Parties and their instrumental witnesses on each and every page hereof.
WITNESS MY HAND AND SEAL on the date and at the place first above written.
Doc. No. ________;
Page No. ________;
Book No. ________;
Series of 20________.
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