Agreement

The Hire Better Method: Group Coaching Services Agreement

This Coaching Services Agreement (“Agreement”) is entered into by and between Bigger Cup Consulting LLC. (“Bigger Cup Consulting”) a Georgia corporation, and the undersigned client who is also named on the attached Client Information Sheet (“Client”). Bigger Cup Consulting and Client are sometimes referred to herein individually as the “Party” and collectively as the “Parties.” In consideration of mutual promises and agreements set forth herein, the Parties, intending to be legally bound, hereby agree as follows:

  1. Services

In the event that Client is a business entity (e.g., a corporation, LLC, partnership) and has engaged Bigger Cup Consulting to provide the Services, as described below, to an individual employees, officers, directors, members or others (the “Recipients”), Client shall be responsible for Recipients’ compliance with the terms of this Agreement, and where applicable the term “Client” shall include “Recipients.” Any breach of the terms of this Agreement by the Recipients shall be treated as a breach by the Client. Once designated in the attached Exhibit A, the Recipients may not be changed during the Term of this Agreement. Bigger Cup Consulting agrees to perform and provide coaching services (“Services”) to the Client as set forth below:

a) The Hire Better Method.

The Group Coaching Program Includes:


i) Six live group coaching calls in which Client will work through, troubleshoot, and address challenges, questions, and concerns with Eric Adelman. The calls will address both tactical and mindset hurdles that help recruiters and business owners build the processes that will enable them to successfully recruit candidates. The live calls will be recorded and available to course members who missed them for any reason.


ii) Client will be granted exclusive access to the dedicated Hire Better Whatsapp Community, with the ability to interact with and ask questions of other community members, as well as Hire Better Staff, including Eric Adelman.


iii) Client will have access to schedule one 30 minute 1:1 call with Eric Adelman, sometime during the 6-week period of this contract, at a mutually agreeable time. Client may use this call as an opportunity to ask personalized questions related to anything Client feels would help them hire better!


iv) Client will receive lifetime access to 6 pre-recorded classes with 45-75 minutes of content per module, including any additional recordings or written materials added post participation, with detailed information covering the fundamentals of building the skills needed to successfully recruit top talent. This includes in-depth training on topics including but not limited to:

  • Uncovering the truth behind why you’re hiring and getting rolling.

  • How to read a resume.

  • Getting organized and planning your reach out.

  • Structuring the interview process intentionally.

  • How to get candidates to love you and your company.

  • INTERVIEWING 101: Ask questions that actually matter, close the candidate and build your army.

b) Term of Agreement.


The Hire Better Method Group Coaching Program is a 6-week program. The days and times for the coaching calls will be scheduled, set and mutually agreed upon following the execution of this agreement. The program shall commence upon the date of signature of this contract and terminate precisely 6 weeks thereafter.


c) Cancellation/Rescheduling.


Due to scheduling constraints, canceled or missed 1:1 calls will only be rescheduled, if at all, in the sole discretion of Bigger Cup Consulting. In any event, rescheduled calls must be rescheduled for some time during the 6-week program term. Any request to reschedule must be provided by email to [email protected].

  1. Fees and Payment Schedule.

The total fee for Services is four thousand dollars ( US $4,000 ) (referred to as the "Fee"), payable upfront and there are no refunds. Payments may be made by credit card (MC/Visa/Amex). The Fee is earned upon execution of this Agreement and is due and payable in full as set forth herein even if Client cancels or misses any appointment(s) or entirely cancels the Services.

  1. Confidentiality.

Each Party (“Disclosing Party”) may provide to the other (“Receiving Party”) certain confidential information, including proprietary and trade secrets, business, financial or technical information of Disclosing Party or third persons in connection with the performance of Services (“Confidential Information”). Without limiting the foregoing, Confidential Information includes Bigger Cup Consulting intellectual property (“IP”) as defined in Section 5. Receiving Party agrees to preserve the confidentiality of all Confidential Information provided by Disclosing Party in connection with this Agreement, and shall not, without the prior written consent of Disclosing Party, disclose or make available to any person, or use for its own or any other person’s benefit, other than as necessary in performance of its obligations under this Agreement, any Confidential Information of Disclosing Party. Receiving Party shall exercise a commercially reasonable level of care to safeguard Confidential Information against improper use or disclosure. In the event that the Parties have previously executed an agreement for the confidentiality or non-disclosure and non-use of confidential information, the conflicting provisions of such agreement are intended to be superseded by this Agreement only to the extent that this Agreement is more protective of each Party’s Confidential Information.


a) It is expressly understood that the recordings of coaching calls (see Section 1.a.i.) are confidential and proprietary to Bigger Cup Consulting.


b) It is expressly understood that the materials provided in section 1.a.iv are confidential and proprietary information to Bigger Cup Consulting. Access to these materials will be provided through a secure, password-protected website portal. Each Client or Recipient will be provided with unique credentials by which access to the website may be granted.


c) In the event of a breach of this, Section 3, and in the sole discretion of Bigger Cup Consulting, access to the recordings, the website, and the materials provided via the website, along with any other confidential information, may be immediately terminated.  This provision must be read in conjunction with any and all remedies available under Section 5 below which remedies will remain whether or not the remedy provided herein is exercised.

  1. Bigger Cup Consulting

For the purposes of this Agreement, “Bigger Cup Consulting” means any and all intellectual property, including, but not limited to all documents and templated systems, illustrations, materials, and content delivered or used by Bigger Cup Consulting in connection with the Services, and, except as to intellectual property contained therein that is proprietary to a third party, derivative works (such as reports or models). Bigger Cup Consulting’s IP is provided to Client for Client’s own personal use in connection with the Services. Client agrees not to display, transfer, sell or disclose to any third party, duplicate or reproduce in any manner or format any Bigger Cup Consulting IP without the prior written permission or license of Bigger Cup Consulting Client acknowledges that all right, title and interest in and to the Bigger Cup Consulting IP resides in Bigger Cup Consulting, and Client will not acquire any right, title or interest thereto except as expressly provided herein.

  1. Enforcement.

Client agrees and acknowledges that Bigger Cup Consulting would be irreparably injured by the breach of any provisions of Sections 3 or 4 and that money damages alone would not be an appropriate measure of harm to Bigger Cup Consulting from such continuing breach. Therefore, Client agrees that equitable relief, including specific performance of any provision of Sections 3 or 4 by injunction, would be an appropriate remedy. Client also agrees and acknowledges that money damages may also be appropriate in addition to equitable relief.

  1. Indemnity.

Client agrees to forever indemnify, hold harmless and defend Bigger Cup Consulting, its officers, directors, employees, independent contractors and agents from and against any action, claim, demand or liability, including reasonable attorney’s fees and costs, arising from or relating to: the Services performed hereunder, Client’s breach of this Agreement, or the negligence or willful misconduct of Client. Client agrees that Bigger Cup Consulting shall have the right to participate in, and control the defense of, any such claim through counsel of its own choosing.

  1. Limitation of Liability.

In no event shall Bigger Cup Consulting or any of its officers, directors, agents, or independent contractors be liable to Client, Recipients, or any other person for any indirect, incidental, consequential or punitive damages, including loss of profit or goodwill, for any matter arising out of or relating to this Agreement or its subject matter, whether such liability is asserted on the basis of contract, tort or otherwise, even if Bigger Cup Consulting has been advised of the possibility of such damages. In the event that Bigger Cup Consulting is deemed liable, it is expressly agreed by the parties that any such liability shall be limited to the total fees paid by Client to Bigger Cup Consulting hereunder.

  1. Warranty & Disclaimer.

The Bigger Cup Consulting warrants that it shall provide the Services as set forth in Section 1 of this Agreement in a reasonable manner. Except as set forth in this Section 8, Bigger Cup Consulting makes no other warranties, express or implied, including without limitation, any implied warranties of merchantability and or fitness for a particular purpose or implementation. Bigger Cup Consulting provides no guarantee that Client will achieve any specific result from the Services provided. Client acknowledges that Bigger Cup Consulting does not represent itself to be licensed or qualified to provide, nor does it provide psychological, therapeutic, marital counseling, real estate, human resource, legal, accountancy, tax advice, or other any other professional advice or professional services that require a license under the laws of the State of Georgia or applicable jurisdiction. Although in the course of providing the Services the topics may be discussed and information may be provided by Bigger Cup Consulting as areas of concern or interest, any and all suggestions or information provided (whether written or oral and whether provided by Bigger Cup Consulting or any other of its agents), are provided “as is”, without warranty and are not a substitute for the advice of persons duly licensed in the relevant professional services.

  1. Entire Agreement.

This Agreement and any exhibits attached hereto constitutes the entire Agreement between the Parties concerning the Services to be provided herein and supersedes all prior or contemporaneous proposals, communications and understandings, oral or written. No amendment, change, waiver, or discharge hereof shall be valid unless in writing and signed by all Parties. No delay in exercising, no course of dealing with respect to, and no partial exercise of any right or remedy hereunder shall constitute a waiver of any other right or remedy, or future exercise thereof.

  1. Severability.

If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the term, provision or covenant shall be enforced to the extent permitted by law, and the rest of the Agreement shall remain in full force and effect and shall in no way be affected or invalidated.

  1. Force Majeure.

If Bigger Cup Consulting's performance is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of terrorism, pandemic, act of God or any other causes beyond the control of Bigger Cup Consulting, Bigger Cup Consulting shall be excused from such performance to the extent that it is prevented, hindered or delayed by such causes.

  1. Governing Law.

This Agreement is governed by, and will be construed and enforced in accordance with, the laws of the State of Georgia without regard to its conflict of laws rules.

  1. Attorney’s Fees.

In the event of any claim, controversy or dispute arising out of or relating to this Agreement, or the breach thereof, the prevailing party shall be entitled to recover reasonable attorneys’ fees and expenses incurred in connection with any court or arbitration proceeding.

  1. Survival.

In the event that the obligations of the parties under provisions 1 and 2 are terminated, the remaining obligations under this Agreement shall remain in full force and effect. The parties understand and agree that, with respect to the rights and obligations under provisions 3-14, any waiver or termination must be explicit and in writing to be effective.

Additional Notes


a) In connection with the Services, The Bigger Cup Consulting will provide guidance, overview, training, and support consistent with those Services and as determined by Bigger Cup Consulting for Client to successfully complete the coaching program. Client is fully responsible for generating and implementing any actions needed to produce the results desired from the Services. The Coach is the Coach, the Client is the performer.


b) Client agrees to be coachable, which means: being committed to your own development, hungry for feedback from the coach, willing to change your behavior and outlook even when it may be uncomfortable and confronting.


c) Client agrees to take responsibility, which means: starting with the willingness to deal with a situation from the point of view that you are the generator of what you do, what you have and what you are. Responsibility is a grace you can give yourself – an empowering context that leaves you with a say in how your life occurs for you.


d) Client agrees to keep all of Client’s promises and agreements, including performing all actions and assignments agreed by Client during the appointments. Client acknowledges that he or she will do all assignments as specifically designed by Bigger Cup Consulting’s authorized agent, (“Coach”). Any deviation will dramatically affect the results the Client will receive from participating in Services.


e) Client agrees that all components of the Services provided to Client are the sole property of Bigger Cup Consulting, Client agrees not to distribute, repackage or resell the contents of any call or collateral materials provided by Bigger Cup Consulting to Client.


f) Client/Recipients agree to keep the names and/ or identities of any and all persons participating in the Program private along with what is shared on the calls by the participants or Coach confidential.


g) Client agrees to successfully complete the program during the Term and to bring all available power to bear in producing Client’s intended results.


In Witness Whereof, the Parties intending to be legally bound, have by their authorized representatives, executed this Agreement as of the Effective Date.

Clear