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

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

The answer depends upon how you define protected or confidential information under your NDA. Even if pricing is included as protected information, often pricing becomes "excluded" from the NDA protection because the "pricing" has been made public to other third parties. You are often better protected by having a pricing methodology and ensuring that such is protected under the NDA.

Hi - what does the contract say? We are looking for the choice of law clause. If the contract provides for NY choice of law then fantastic! You hire an attorney in New York, send them a demand letter and file in a New York State Court - on the day after the expiration date for your letter. Once you get your judgment in New York, you hire a collections attorney in Montana to go collect your judgement (if they won't pay up - its amazing how much they are willing to pay when you get a local lawyer to put a lien on their house!) If the choice of law clause says Montana - you can (i) be certain and hire a lawyer in Montana and follow the same process or (ii) be aggressive, hire and file in New York, just to ensure that they have to hire a New York lawyer to get the case dismissed. The second situation would be if you think they would rather settle with you than pay someone in New York to get the case dismissed. There is a lot of strategy to consider - but the most important thing in any of this is to be decisive and move forward with a lawyer quickly once you decide on a course of action. I've seen clients who had stronger cases lose in the end because the other side was aggressive in Court and had their lawyer on a retainer immediately and filed before my client could finish "considering her options."

You can submit your request as a bid on the contracts counsel platform. My firm with many artists and art galleries.

You need someone who will attempt to settle the matter for you and if that fails be prepared to sue on the note and take the necessary action to collect. This assumes the debtor has assets to collect against. It can take a while. I have had some folks pay relatively promptly, others several years. Communication between attorney and client is very important in this process. If you have no idea what is going on in your case you can get very anxious. I make sure you get consulted on each development and you get copies of each filing.