Purpose 

The purpose of this Statement is to describe the working terms and conditions that the Parties agree are necessary for coaching services and activities (“LJ Project”) on LeaderJam Software Interface and Resource Repository (“LJ Platform”).  The goal of the LJ Project is to develop a coaching relationship between the Parties and with clients in order to cultivate the clients’ professional and/or business goals and create a plan to carry out those goals through stimulating and creative interactions on the LJ Platform. 

LeaderJam Mission and Vision

LeaderJam’s mission is to bring consistent, high-quality, on-demand leadership development and business solution resources to individuals and teams at any level in any organization. Its approach is a modern, innovative real-time platform combined with best-in-class coach-experts that eliminates logistical overhead, streamlines learning engagements, captures, organizes and shares knowledge/content, and galvanizes practical skills development and shared values across the organization.

LeaderJam’s vision is to create unbridled opportunity and growth for coach-experts, leaders and organizations: for coach-experts, the newfound capacity to focus on coaching mission, not onerous business logistics; for leaders, a new level of quick and easy access to valuable leadership expertise, delivered when it’s needed; for organizations, a stronger leadership pipeline and greater leadership capacity that produces consistent problem solving, performance, resilience, and growth.

The Leader Mission and Vision is referred to here as “the Project”. 

Obligations

The Parties agree that the relationship between them established by this Statement is that of independent contractors. This means that payments to coach-experts will be reported on IRS Form 1099 and that coach-experts–not LeaderJam–will be responsible for paying taxes as self-employed contractors. Nothing in this Statement shall be construed to create any agency or employment relationship between LeaderJam and the Coach-Expert. Neither Party shall have any right, power, or authority to assume, create, or incur any expense, liability or obligation, express or implied, on behalf of the other. The Parties agree to work together to ensure that there is a united visible and responsive realization of the Project, and to demonstrate financial and programmatic commitment to the Project by means of the following commitments. 

Cooperation, Roles and Deliverables: 

Terms and conditions for the Parties toward fulfillment of the Project shall include and/or entail:

LeaderJam:

• Is responsible for introducing, providing and maintaining the LeaderJam platform: communications (real-time and other); engagement tools; scheduling; content addition/revision/library and content sharing; collaboration tools; user and Coach-Expert profile-builders; ROI and other metrics; and other. LeaderJam provides the platform free of charge for participating Coach-Experts.
• Is responsible for managing coaching compensation logistics and coach-expert on-boarding in the interests of reducing Coach-Expert overhead with the client organization(s). This does not include scheduling and conducting sessions, which is co-managed by the Coach-Expert and the organization.
• Is responsible for providing compensation/rate guidelines for Coach-Experts to facilitate their initial rate-setting and any ongoing rate adjustments.
• Collects no participation fees of any kind from participating Coach-Experts for corporate network work. 
• Where the Coach-Expert chooses to also run his/her own practice on the platform which is entirely optional, the Coach—Expert pays the list price as published on our “pricing“ page. As an example, currently $34.99 per month for the Basic package, $74.99 per month for the Premium package, $149.99 per month for the Pro package, and $399.99 per month for the Business package. 
• Does not require exclusivity and expects Coach-Experts to have non-LeaderJam sources of coach-expert revenue.
• Is responsible for providing and hearing constructive feedback as appropriate to/from both Coach-Experts and organization participants (consumers of Coach-Expert sessions and services) in the interests of advancing platform/engagement quality and benefit.
• Is responsible for payment of the Coach-Expert on the 15th of every month, covering all Coach-Expert coaching sessions, workshops provisioned, and services delivered in the previous month, and at $150/hour coaching rate and $400/class of workshops provided for the corporate network by the Coach-Expert (see below).
• Is responsible for protecting the access scope of any content provided by the Coach-Expert, whose content the Coach-Expert owns in perpetuity, and who may remove or have-removed her/his content at any content. Such removed or limited content remains in use for past engagement teams or individuals. LeaderJam has a free global license to post and market such content until removal is requested by the Coach-Expert.

Coach-Expert:

• Is responsible for providing an initial profile on the LeaderJam platform that minimally includes:
  • Name and contact information
  • Education and Professional Experience
  • Coaching Areas of Expertise and Preferences
  • Schedule availability at least two weeks ahead and for at least 10 hours per week
  • Coaching hourly pay rate (see below)
• Is responsible for providing timely, best-in-class, reliable, consistently effective, ethical and professional coaching services aligned with the coach-expert’s stated areas of expertise. Coach-experts are required to stay current in the coach-expert’s areas of coaching expertise and certification with evidence-based coaching and leadership science/information. 
• Is responsible for establishing and preserving coach-client confidentiality, in accordance with confidentiality principles established by the ICF (International Coach Federation) Code of Ethics (the “Code”). The coaching relationship, as well as all information (physical or verbal) that a client shares with the Coach as part of this relationship, is bound by the principles of confidentiality set forth in the Code. The Coach-Expert agrees not to disclose any information pertaining a client without the client’s written consent. BE ADVISED: the coach-client relationship is not a relationship protected by legal confidentiality (like doctor-patient or attorney-client). As such, the Coach-Expert or LeaderJam could be required to divulge otherwise confidential information to authorities.  Notwithstanding the foregoing, confidential information does not include information that: 1) is generally known to the public or was in the coach-expert’s possession prior to the start of the coaching engagement; 2) is obtained by the coach-expert from the organization or a third party without breach of any obligation to the client; 3) the coach-expert has a legal requirement to disclose (subpoena, court order, etc.); 4) is disclosed to the coach-expert that the coach-expert reasonably believes might lead to imminent danger or harm to anyone; 5) involves illegal activity.
• Is responsible for notifying appropriate LeaderJam contacts of organization clients mismatched with the coach-expert’s areas of coaching expertise. For example, an organization client who needs psychotherapy as opposed to leadership coaching.
• Is responsible for providing schedule availability at least two weeks in advance, or more as practical if requested by the organization client. Coach-Experts are encouraged to provide availability blocks of at least 2 contiguous hours, and at least 10 hours per week to facilitate coaching engagements and workshops by the organization clients.
• Is responsible for notifying scheduled organization clients of a need to cancel or reschedule at least 48 hours prior to a scheduled session and for making every attempt to promptly reschedule the canceled session at the client’s earliest convenience. Cancellations initiated by the organization client (not the Coach-Expert) less than 48 hours prior to the start of a coaching session will result in a late cancellation payment of 60% of the total hourly rate to the Coach-Expert and LeaderJam. Cancellations initiated by the organization client (not the Coach-Expert) less than 24 hours prior to the start of a coaching session — or failure for the client to attend the coaching session without prior notification — will result in a cancellation payment of 100% of the total hourly rate to the Coach-Expert and LeaderJam.
• Is responsible for setting the hourly coaching rate when providing services to their own clients on the platform. The coach-expert retains 100% of published rates, less cost of Stripe fee of 2.9% plus .30 cents per transaction and 2% LeaderJam service charge.
  
• Is responsible for creating, maintaining, and appropriately utilizing confidential coaching session notes as the coach-expert would with any other coaching client.
• Is encouraged to optionally contribute leadership content–the coach-expert’s own or links to other high-quality internet content – based on interactions of the organization client(s), client needs, and production of the coach-expert’s own high-quality content directly related to leadership development. 
• Will not circumvent LeaderJam and its relationships with its existing clients (“LeaderJam Clients”) by engaging in a separate business/consulting relationship with LeaderJam Clients outside of the LJ Platform during the Term and for 12–months thereafter.  LeaderJam Clients are those to whom the Coach-Expert is introduced by LeaderJam on the LJ Platform or in connection with the LJ Project.  To be clear, the Coach-Expert is encouraged to engage in and expand their relationship with LeaderJam Clients on the LJ Platform at agreed rates of $150 per coaching hour and $400 per class set by LeaderJam.

Limited Liability

No liability will arise or be assumed between the Parties because of this Statement. The Coach-Expert and LeaderJam make no guarantees, representations, or warranties of any kind or nature, expressed or implied with respect to the coaching services negotiated, agreed upon, and rendered. In no event shall the Coach-Expert or LeaderJam be liable to a client for any indirect, consequential, or special damages. Notwithstanding any damages that client may incur, the Coach-Expert’s entire liability under this Agreement, and the client’s exclusive remedy, shall be limited to the amount actually paid by the client to the Coach-Expert or to LeaderJam under this Agreement for all coaching services rendered through and including the termination date. 

Termination

Either the Coach-Expert or LeaderJam may terminate the partnership at any time at will and without cause, with the courtesy of 30 days advance notice.

Term 

The arrangements made by the Parties by this Statement shall remain in place from date signed by both Parties until termination by either the Coach-Expert or LeaderJam. 

Assignment 

LeaderJam may assign this Statement and its rights and obligations hereunder in whole, but not in part, to any corporation or other entity with or into which LeaderJam may hereafter merge or consolidate or to which LeaderJam may transfer all or substantially all of its assets, if in any such case said corporation or other entity shall be operation of law or expressly in writing assume all obligations of LeaderJam hereunder as fully as if it had been originally made a party hereto.  The Coach-Expert may not assign or transfer this Statement or any rights or obligations hereunder. 

Amendment 

This Statement may be amended or supplemented in writing, if the writing is signed by both Parties obligated under this Statement.

Entire Agreement

This Statement reflects the entire agreement between the parties and reflects the complete understanding of the Parties with respect to the subject matter (the “Agreement”). The Agreement supersedes all prior written and oral representations. The Agreement may not be amended, altered, or supplemented except in writing signed by both Parties.

Dispute Resolution and Legal Fees

The Parties agree that the Agreement will be governed and construed under the laws of the Commonwealth of Massachusetts without giving effect to any conflict of laws provisions. In the event of a dispute arising out of this Agreement that cannot be resolved by mutual agreement, the Parties agree to engage in mediation. If the matter cannot be resolved through mediation, and legal action ensues, the successful party will be entitled to its attorneys’ fees.

Severability

If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court of competent jurisdiction finds that any provision of this Agreement is invalid or enforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

Waiver

The failure of either Party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.

Understanding 

It is mutually agreed upon and understood by and among the Parties of this Statement that: 

• In no way does this agreement restrict involved Parties from participating in similar agreements with other public or private agencies, organizations, and individuals. 
• This Statement is does not intend to or create any right, benefit, or trust responsibility. 
• This Statement will be effective upon the signature of both Parties. 
• Either party may terminate its participation in this Statement by providing written notice to the other Party. 

Additional Agreements

Coach-Expert agrees to abide by the terms and conditions of the LeaderJam Privacy Policy and Terms of Use.