Contracts are vital

ContractsTraining, 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

Process

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