Recent Answers to Coaching Agreement Law Questions
Can a coaching agreement be terminated if the coach fails to meet the agreed-upon objectives?
Contracts
Coaching Agreement
New York
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?
Damien B.
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.
Can a coaching agreement be terminated early if the coach fails to deliver the promised services?
Business
Coaching Agreement
California
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.
Dolan W.
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