Home Q&A Forum Can a coaching agreement be terminated early if the coach fails to deliver the promised services?

Business

Coaching Agreement

California

Asked on Oct 30, 2024

Can a coaching agreement be terminated early if the coach fails to deliver the promised services?

I entered into a coaching agreement with a coach who promised to provide me with specific coaching services, but after a few sessions, it became clear that the coach was not delivering on those promises. I am now considering terminating the agreement early, but I am not sure if I have the legal right to do so or if I would be entitled to any refunds or compensation for the services not rendered.

Answers from 1 Lawyer

Answer

Business

California

Answered 568 days ago

Hello! I'm so sorry for this situation. Generally, the answer to your question is yes. Why? A breach of contract simply means that one party was obligated to perform and they have either not performed or have said that they will not perform. (Restatement (Second) of Contracts.) This applies regardless of whether the agreement was written or done orally. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. In other words, if you aren't getting the coaching for which you paid, you can pursue one of those remedies. We are more than happy to review the contract for you to verify. Best of luck! Dolan

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Can a coaching agreement be terminated if the coach fails to meet the agreed-upon objectives?

I entered into a coaching agreement with a professional coach to help me improve my business skills and achieve specific objectives within a certain timeframe. However, after several sessions, it is becoming apparent that the coach is not adequately addressing my needs and failing to help me make progress towards my goals. Can I terminate the coaching agreement and seek a refund or another coach who can better meet my needs?

4.9 (13)

Damien B.

Answered Jan 27, 2025

In this situation, both parties agreeing to terminate the contract is best because of your dissatisfaction. The coach's failure to provide adequate advice could be difficult to prove. Conversely, the coach would have to prove they provided adequate services. So, a mutual agreement to terminate the agreement is preferable. You could attempt to negotiate a partial reimbursement.

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Business

Master Services Agreement

California

Asked on Mar 31, 2021

What are the baseline terms I need in my MSA?

I am working on putting together a larger agreement that can cover everything that I do. I am a Digital Marketing agency and there are a lot of services we provide - Google Ads, SEO, backlinking, content writing, etc. I want to know what should go in my MSA.

View Donya G.

4.9 (61)

Donya G.

Answered Mar 31, 2021

Some of the baseline terms will be 1) services offered 2) time of delivery of the services 3) amount to be paid for the services 4) the responsibilities of the parties 5) what happens if the parties do not agree. DISCLAIMER The answers to these questions do not constitute legal advice and does not create an attorney-client relationship with the attorney and anyone who reviews these responses.

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Business

Cease and Desist

California

Asked on Jul 28, 2021

Would like quote for a Cease and Desist letter

I independently do rescue animal work. A small nonprofit offered to help pay medical bills for my rescues. I learned that they have been posting my work as theirs instead of me. They sent me a text yesterday that they won't help me anymore yet I'm the person doing all the work. One of my rescues died and they are asking for donations on their social media platforms after his death yet they did nothing to contribute to his rescue. I asked them to remove their posts but they don't respond and are collecting donations on my work and rescues.

View Alen A.

5.0 (13)

Alen A.

Answered Oct 1, 2021

Hello, Based on the limited information, it would likely cost $750. This would include one telephone call, a letter, and one reasonable revision. Anything beyond that would be charged at the normal hourly rate of $200/hr.

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Business

LLC

California

Asked on Jun 28, 2022

LLC or S-Corp?

I am starting a public speaking consulting business with one other person. Most of our work will be done virtually and do not need an office space and will not have a physical product. We do not have investors. We have received conflicting advice about whether to form a llc or an s-corp. The s-corp has been suggested by some as the best for tax purposes, but others have warned that it is much more expensive to start and harder to maintain. What would be best for our situation?

View Briana C.

5.0 (60)

Briana C.

Answered Jul 8, 2022

For a small service business with no outside investors, the LLC form probably offers you more advantages than the corporation. (For example, LLCs offer greater flexibility, fewer corporate formalities, and pass-through taxation which is especially beneficial in the early stages of an LLC if you have other income sources.) The S-Corp election does not affect your choice of entity (LLC or corporation). Either kind of entity can make the S-Corp election, which just tells the IRS how you should be taxed. You can form an LLC at the beginning and make the S-Corp election for that LLC in the future, if and when it makes sense (you will still be an LLC then, but an S-Corp for tax purposes only). The S-Corp election only makes sense to do once your net profits reach a certain level. The purpose of the S-Corp election is to reduce your taxes. Filing the S-Corp election is not itself very expensive, but you will need to incur the costs of running payroll. (LLCs don't have to run payroll.)

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Business

Purchase Agreement

California

Asked on Oct 4, 2022

When asset purchase agreement vs. stock purchase agreement?

I am considering buying a business and I'm not sure what type of legal document I should use. I think I want to buy the business but I'm not sure what comes with that. The deal size is ~$100k and it is a printing company.

View Christopher M.

4.9 (8)

Christopher M.

Answered Oct 7, 2022

A stock purchase agreement only deals with the sale of stocks (which I know sounds a little obvious). The practical effect of which is you would own a percentage share of the company if that company is a corporation. If you used a stock purchase agreement the company would remain intact as a legal entity that you would have control over. If the company isn’t a corporation, or you’re not looking to keep the company intact, an asset purchase agreement would be you purchasing the assets of the company (up to and including the name and place of business) without necessarily taking control of the legal entity itself. Really which ever one you use they can both be drafted to accomplish your goals and more information would be needed to assess which one is right in your specific situation.

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Can a coaching agreement be terminated early if the coach fails to deliver the promised services?

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