Contracts – Training, Coaching, Speaking, Mentoring
Every course, training, event, speaking, coaching, mentoring agreement needs to have some form of contract. Some kinds of training event or duration of training may require a fuller contract than others.
There will be at least 2 parties in the contract and the more explicit the contract is the greater clarity of responsibilities and rights linked to the responsibilities will be present.
They may be at times 3 or 4 parties and contracts involved if you are hiring a venue, or the organisation is hiring a venue. Also remember the learner may hire the venue
A contract can be written, or verbal, explicit or implicit. Contracts can be agreed on a handshake!
Normally a ground rules contract would be agreed at the beginning of the training event or at the start of a particular session/activity however, a contract can be made during an activity.
The writer suggests for clarity an agreement is confirmed in writing in advance of the event – why? Because this is your ‘audit trail’ if you ever need it. The implicit word is not the most reliable and is also up for alternate interpretation by all parties involved – unless communication is explicit and detailed and of course even then can still be questioned at a later point.
Contracts include:
Please take the word trainer to mean speaker, coach, mentor etc & I am sure this is not an exhaustive list – it is a start for your thoughts
Between whom | Type | Purpose |
Organisation – Trainer | Written | Contract to provide training/service |
Implicit or written | Express values & reputation of organisation | |
Implicit or written | Release people for whole of course, support them to attend | |
Trainer – Organisation | Written | Provide written programme content & learning objectives |
Implicit or written | Uphold the values and reputation of the organisation | |
Trainer – Learner | Ground rules | Govern behaviour on entire course |
Course Programme | Promise of what learner will learn, what course will cover, start times, etc. | |
Specific activity ground rules | Govern behaviour during specific activity e.g., giving feedback, doing task. | |
Learner – Trainer | Personal learning objectives | Assess at beginning or before course, trainer promise or not |
Implicit | Expectation of safety, inclusion and civility | |
Learner – Organisation | Implicit or written | Promise to learn, promise to practice, promise to use training |
Organisation – Learner | Implicit or written | Request something specific in return for training
Promise to learner to support learning implementation |
Between whom | Type | Purpose |
Venue – Organisation | Written | Agreement clearly defined of services and equipment to be provided. Including catering or not |
Venue – Trainer | Implicit or written | Provision of all training materials, audio & recording equipment in good working order as agreed |
Venue – Learner | Implicit or written | Clear guidelines, fire safety and services as agreed |
All – Venue | Implicit or written | To use venue with care and consideration To report faults in a timely and considerate mannerTo provide feedback and work in relationship |
Learner to Learner
Audience |
Implicit or written trainer ground rules | Willingness to work together appropriately
Charterhouse Rules in many cases |
Key thoughts areas for a contract are:
- Duration of programme/event
- Investment required for entire programme (from either party)
- Timings and dates
- Cancellation Clause (from either party)
- Postponement Clause (on either party)
- Deposit
- Engagement fee
- Venue – who arranges and pays and their cancellation clause
- Hospitality inclusion or not – mileage, hotel etc for trainer &/or delegates
- Confidentiality
- After report if required – written or verbal and how detailed (remember confidentiality)
- Evaluation if required and who completes
- Outcome – result promise from the trainer, venue, learner or organisation
- Security & time of access to venue & exit times
- Delivery of stock to venue and storage
- Partnerships and how that will work for costs, time and Intellectual Property rights
- Recording, access, distribution and ownership & permission from the attendees
- GDPR if appropriate
Cancellation – it happens as does postponement & ‘force majeure’
Always agree up front cancellation clauses, periods of time and % due to you and from you
This affects all parties involved, if you are cancelled on or the event is postponed or if you are unavoidably incapacitated or ‘change your mind’
Consider the time and period you wish to be compensated for and of course that also applies to the organisation and venue
Each party will need to agree and I would definitely suggest this agreement is written and signed by all parties
You will be liable for the cancellation charges set out below | % of Original Booking Value | % of Original Booking Value |
More than 52 weeks
Between 26 & 52 weeks Between 12 & 26 weeks Between 8 & 12 weeks Between 21 *Days & 8 weeks Between 0 & 20 *Days |
0
25 50 75 90 100 |
0
25 75 90 100 100 |
*Note when it gets to days, please be aware this may be business days (Mon -Fri)
This is an example only and of course can be designed to suit
The venue may also reduce the fees due if they can resell the space, it would be worth finding out in advance. They may also refund a deposit or not and they may also negotiate on price dependent on their business and their authority level.
Partnerships
When you take joint responsibility for an event with one or more partners, please accept that you will need an agreement and the concept of this document is a great start for a conversation
Insurance
There are ups and downs, pros and cons, give and take with events and agreements. There is always the potential for taking an insurance, over and above, public liability and personal indemnity, to cover additional ‘ris