eXcelerate Coaching Agreement
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This Coaching Agreement (“Agreement”) is made in Collin County, Texas and is effective as of the Effective Date (the date Client accepts terms), by and between Expert Agent Services, LLC d/b/a eXcelerate (“eXcelerate”) and the undersigned Client (“Client”). This Agreement consists of this cover page and the terms and conditions below.
IN WITNESS WHEREOF, the parties agree to be bound as follows:
WHEREAS, eXcelerate provides coaching, training, and related services to real estate professionals; andWHEREAS, Client desires to engage eXcelerate to provide such services;NOW, THEREFORE, for good and valuable consideration, the parties agree as follows.
2.1 Agent Attraction Coaching. eXcelerate shall provide Client access to the eXcelerate coaching program, which generally includes:(a) one-on-one mentor/accountability coach (“Coach”);(b) an initial real estate business physical with a resulting plan of action;(c) weekly 50-minute group coaching calls with the Coach;(d) online access to eXcelerate training resources (including selected books and business tracking resources); and(e) access to eXcelerate’s Go High Level (GHL) platform.
2.2 Funnel Pilot Program (for Client’s Front-Line Agents). eXcelerate shall provide access to the Funnel Pilot program for Client’s front-line agents at eXp Realty who (i) are on Client’s front line at the time this Agreement is executed and/or (ii) are subsequently recruited to Client’s front-line revenue group during the Term.
2.3 Right to Modify. eXcelerate may modify, update, or adjust the specific content, format, and scope of Services at any time to ensure consistency, quality, and performance. Access may be limited or restricted based on capacity and program standards.
For consistency of approach and delivery: the initial business physical and any one-on-one sessions are restricted to Client. Group coaching calls are recorded and made available for review. Once calls are scheduled, Client is responsible for attending. Except for bona fide medical or family emergencies, missed sessions are not required to be made up; at eXcelerate’s discretion, up to two (2) make-up calls per contract period may be granted if Client provides at least 48 hours’ prior written notice to [email protected].
This Agreement commences on the Effective Date and continues for one (1) year (“Initial Term”). After the Initial Term, this Agreement automatically renews month-to-month unless Client provides eXcelerate 30 days’ prior written notice of cancellation in accordance with Section 10. Re-entry after cancellation is governed by Section 11.
Client shall pay eXcelerate a monthly fee of $497, billed in advance.
(a) Billing. Monthly fees are due in advance on the Effective Date and the same day each month thereafter.(b) Grace/Breach. If payment is not received within seven (7) days of the billing date and no written arrangement is made, Client is in breach.(c) Suspension. Upon breach, eXcelerate may suspend all Services, including the online training portal and Funnel Pilot access for Client and Client’s front-line agents.(d) Collections/Interest. Client shall pay all costs of collection, including reasonable attorneys’ fees and court costs. Past-due amounts accrue interest at 10% per annum or the maximum rate allowed by law, whichever is lower.(e) No Chargebacks. Client agrees not to initiate or threaten chargebacks. Any attempted chargeback constitutes a material breach, may result in immediate termination of Services, and renders the full remaining balance under this Agreement immediately due and payable.
During the Term and for twenty-four (24) months thereafter, Client (and Client’s agents/representatives) shall not:(i) solicit or accept any business competitive with eXcelerate from any person or entity for whom eXcelerate provided or sought to provide services during the Term; or(ii) solicit, hire, or induce any eXcelerate employee, contractor, or representative to terminate their relationship with eXcelerate.
Client will receive confidential and/or proprietary information (“Confidential Information”). Client shall not disclose Confidential Information to any third party without eXcelerate’s prior written consent. This obligation survives termination.
All materials, content, software, processes, templates, scripts, and related items provided or made available by eXcelerate are and remain the exclusive property of eXcelerate (“Intellectual Property”). No rights are granted except a limited, non-transferable license for Client’s internal business use during the Term. Client shall not copy, distribute, sell, publish, or create derivative works without eXcelerate’s prior written consent.
After the Initial Term, Client may cancel on a month-to-month basis by providing 30 days’ prior written notice to [email protected]. No retroactive cancellations will be honored. If timely notice is not received, the next monthly charge will process and Services will remain active through that paid period.
If Client cancels, quits, or is terminated for any reason:(a) No Guarantee of Readmission. Re-entry into any eXcelerate or Funnel Pilot program is not guaranteed.(b) Waitlist. Any request for re-entry will be placed on a waitlist and evaluated at eXcelerate’s sole discretion based on capacity, prior compliance, and program fit.(c) Reactivation Fee; Current Terms. If re-entry is approved, Client must (i) pay a $197 reactivation fee, and (ii) accept then-current pricing, terms, and policies, which may differ from prior terms. eXcelerate reserves the right to deny re-entry for any reason.
Upon termination or upon eXcelerate’s request, Client shall promptly return or certify destruction of all Confidential Information and Intellectual Property (including copies and derivatives) in Client’s possession or control.
Client shall indemnify, defend, and hold harmless eXcelerate, its affiliates, officers, employees, agents, and controlling persons from and against any and all losses, claims, damages, liabilities, and expenses (including reasonable attorneys’ fees and costs) arising out of or related to Client’s participation in the Services, except to the extent finally determined by a court of competent jurisdiction to have resulted primarily from eXcelerate’s bad faith, gross negligence, or willful misconduct. This obligation survives termination.
eXcelerate may provide recommendations for Client’s business; however, eXcelerate makes no representation that such recommendations comply with all applicable rules or laws. Client is solely responsible for compliance with all laws, brokerage policies, MLS rules, RESPA, advertising standards, and other regulations.
If any provision is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.
All notices shall be in writing and deemed given when delivered to the most recent address provided by the receiving party, sent by certified mail (return receipt requested), courier with proof of delivery, or email to [email protected] (with confirmation of receipt).
If eXcelerate employs counsel to enforce this Agreement, obtain injunctive relief, collect damages, or collect past-due fees/interest, Client shall pay eXcelerate’s reasonable attorneys’ fees, court costs, and expenses.
This Agreement is governed by the laws of the State of Texas (without regard to conflicts principles). The parties agree that Collin County, Texas is the exclusive venue for any dispute arising out of or relating to this Agreement, and each party consents to personal jurisdiction therein.
Neither party may assign this Agreement without the prior written consent of the other, except that eXcelerate may assign to an affiliate or successor in interest. This Agreement binds and benefits the parties and their permitted successors and assigns.
This Agreement constitutes the entire understanding of the parties with respect to the subject matter and supersedes all prior agreements, whether written or oral. Any amendment must be in a writing signed by both parties.
AGREED AS OF THE EFFECTIVE DATE:
EXPERT AGENT SERVICES, LLC (eXcelerate)By: ___________________________________Name: Jay KinderTitle: Chief Executive Officer, eXcelerate
CLIENT(By accepting terms within the CoachAccountable platform, Client agrees to all “coaching terms” herein.)
