Financial Coaching Services Contract - Individual Coaching Sessions
Football Finance Academy is the legal trading name for the Academy of Financial Empowerment
This Agreement is entered into by You and:
- Football Finance Academy, a sole tradership registered in England whose registered address is 127A Newington Green Road, N1 4RA (“Football Finance Academy”, “we”)
The Coach agrees to provide Financial Coaching Services for the Client focusing on personal financial management (“Financial Coaching Services”), as further detailed in clause 3.
The terms and conditions set out below (the “Terms”) are the terms and conditions on which Football Finance Academy provides the Financial Coaching Services. The Terms apply to all users of the Financial Coaching Services. By using the Financial Coaching Services, you agree to comply with and be bound by these Terms, which constitute a binding contract between the Client and Football Finance Academy (the “Contract”). We draw your attention in particular to the Disclaimer of Liability section.
“Business Day” means a day that banks are open for operation in England, excluding weekends and public holidays.
“Client” and “You” means the individual receiving the Financial Coaching Services.
“Coach” means the individual providing the Financial Coaching Services to the Client from time to time.
“Coaching Session” means a scheduled in-person meeting, web (video) conference or telephone conference between the Coach and the Client at which Financial Coaching Services are provided.
“Fees” means the fees payable for the Financial Coaching Services as detailed in clause 5.
“FFA Materials” means all materials, equipment, documents and other property of the Supplier, including tools, financial models and other resources provided (or to which access is provided) to the Client.
“Financial Coaching Services” means the financial coaching services provided by Football Finance Academy to the Client under the Contract, as further described in clause 3 and Schedule A.
“Financial Partner” means the Client’s spouse, partner or anyone with whom the Client shares financial responsibility.
“Financial Plan” means a tailored budget, spending plans, and tips and debt management strategies developed by the Coach on the basis of information provided by the Client.
“Football Finance Academy” means Football Finance Academy, a sole tradership registered in England whose registered address is 127A Newington Green Road, N1 4RA. This is the legal trading name for the Academy of Financial Empowerment
“Intellectual Property Rights” means all patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
“Start Date” means the date on which your subscription to the Financial Coaching Services begins, which coincides with the first scheduled session, as detailed in clause 2.1.
1.Scope of this Agreement
1.1 This agreement outlines the terms and conditions under which Football Finance Academy shall provide the Financial Coaching Services to you. This agreement does not cover any additional or alternative service that Football Finance Academy may offer or provide.
1.2 In the event that Football Finance Academy offers or provides a service that is not included in the Financial Coaching Services (and thus is not covered under this agreement), the Coach shall ensure that the distinction is sufficiently clear to you at all times.
2.1 This Contract will begin on the date of the initial Coaching Session as set out in Schedule A (the “Start Date”) and will continue for the duration based on the amount of Coaching Sessions purchased in advance (the “Term”).
3. The Financial Coaching Services
3.1 The purpose of the Financial Coaching Services is to provide the Client with information based on their defined short-term and long-term goals. This service includes, but is not limited to, brainstorming techniques, identifying action plans, follow-up procedures to maintain client motivation, educating you on general financial topics, as well as asking and answering questions. The Financial Coaching Services are not regulated by the Financial Conduct Authority (“FCA”) and do not include product-specific financial advice or recommendations. If you require product-specific financial advice or recommendations, you should engage an FCA-regulated Financial Adviser.
3.2 Where relevant, the Coach will explain the different general options available and outline the pros and cons of each. The Coach will help build a tailored budget, spending plans, and provide tips and guidance (“Financial Plan”) for you, answer your questions, help plan your finances, give you general financial guidance and, where appropriate, refer you to specialist financial services. Every element of the Financial Coaching Services, accessed or provided simultaneously, plays a key role in informing your decisions on how much to save, invest and contribute to your pensions or savings for retirement.
3.3 The Financial Coaching Services do not include providing advice or education on legal, tax or accountancy matters. The Coach is not qualified to provide legal, tax or accounting advice or to prepare any legal, tax or accounting documents. You are responsible for referring any point of law, tax or accountancy that may arise during the course of discussions with the Coach to a solicitor or an accountant (as applicable).
3.4 You will be entitled to six (6) Coaching Sessions during the Term.
3.5 The duration of each Coaching Session will be determined by the Coach as needed to fulfill the objectives of the given Coaching Session, but in any event will not exceed two (2) hours.
3.6 You will receive unlimited email support during the Term.
3.7 You may be asked to submit documents or specific information to the Coach in advance of a Coaching Session. You must submit any such documentation at least two (2) Business Days prior to the scheduled Coaching Session. If any requested materials, documents or information are not submitted at least two (2) Business Days prior to the Coaching Session, Football Finance Academy reserves the right to reschedule your Coaching Session.
3.8 Your Coach may contact you in different ways, including via telephone, e-mail, SMS text message, web (video) conference, online survey, or in person. Please note that Coaching Sessions may be recorded for quality, training and monitoring purposes.
4. Client Responsibility
4.1 You must commit to and take part in all scheduled Coaching Sessions.
4.2 If applicable, we recommend that a client’s Financial Partner commits to and partakes in the Coaching Sessions facilitate the achievement of shared financial goals.
4.3 You must do the work behind the scenes. The Coach will work with you and provide you with the tools you need to accomplish the goals you have set out together, but you will need to do the work in between Coaching Sessions to obtain the results you desire. Results are not guaranteed.
4.4 A Financial Plan requires consistency so completion of all six (6) Coaching Sessions is critical. Cancelling or continuously rescheduling Coaching Sessions may affect your likelihood of achieving your desired results.
4.5 Any guidance provided by the Coach will be based on information given by you. You must provide the Coach with accurate and complete information about your financial circumstances and objectives. Limiting or omitting relevant information may affect the suitability of the guidance given. You agree that Football Finance Academy shall not be liable to you to the extent that any information you provide is inaccurate, incomplete or misleading.
4.6 If you need to reschedule a Coaching Session, please notify the Coach at least 24 hours in advance of the Coaching Session to reschedule.
5.1 The Fees payable by you for the Financial Coaching Services shall be as set out in Schedule A, subject to the terms of this Clause 5 and the application of any offers under Clause 6.
5.2 All Fees will be invoiced prior to the relevant Coaching Session and will be payable in full 24 hours prior to the relevant Coaching Session, as detailed in Schedule A.
5.3 Football Finance Academy reserves the right, at any time, to make changes to the Fee. Football Finance Academy will notify you by email of any changes to the Fee and how you will be affected. Any changes to the Fee will not affect the Coaching Sessions under this Contract but will apply to any additional Coaching Sessions scheduled outside of or after the termination of this Contract.
5.4 Unless otherwise stated, the Fee will be exclusive of amounts in respect of value added tax (“VAT”). Where exclusive of VAT, you shall pay such additional amounts in respect of VAT as are chargeable on the supply of the Financial Coaching Services.
5.5 You shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law).
6.1 From time to time, Football Finance Academy may offer discounts or other special offers. All Football Finance Academy offers are subject to availability and we reserve the right to withdraw any of our offers at any point in time. Certain offers may be subject to additional terms and conditions, which will be notified to you at the time the offer is made.
7. Cancellation Policy
7.1 Every Coaching Session is scheduled in advance. No shows, reschedule requests or cancellations received without adequate notice (at least 24 hours) will forfeit the Coaching Session. Coaching Sessions can be rescheduled if notice is given at least 24 hours ahead of the Coaching Session
7.2 Choosing a Coach should not be a hasty decision – it’s important to find a good fit. Making sure we’re a good match is important to the Football Finance Academy and will greatly benefit both parties - which is why we offer a risk-free 30 minute discovery call.
7.3 A full refund is available to you after the first Coaching Session should you decide you do not want to continue with the program. To receive this refund, you must notify the Football Finance Academy in writing within 24 hours after the initial session. Failure to do so will forfeit your opportunity for a refund.
7.4 One-time Coaching Sessions are non-refundable.
8. Intellectual Property
8.1 All Intellectual Property Rights in or arising out of or in connection with the Financial Coaching Services shall be owned by Football Finance Academy or its assignees. Football Finance Academy shall assert all moral rights arising out of Chapter IV of the Copyright, Designs and Patents Act 1988. Throughout the term of the Contract, Football Finance Academy grants the Client a limited, royalty-free, non-exclusive, non-sublicensable, non-transferable licence of any and all such rights solely to the extent necessary to use or benefit from the Financial Coaching Services in accordance with these Terms.
8.2 You acknowledge that, in respect of any third-party Intellectual Property Rights, your use of any such Intellectual Property Rights is conditional on Football Finance Academy obtaining a written licence from the relevant licensor on such terms as will entitle Football Finance Academy to license such rights to you.
8.3 All FFA Materials are the exclusive property of Football Finance Academy, or its assignees (as the case may be).
9. Termination Policy
9.1 Football Finance Academy reserves the right to immediately terminate the Contract if the Client is in breach of the Contract or any laws, regulations or other legal requirements, or if the Client is in violation of Football Finance Academy’s standards of conduct from time to time (including use of inappropriate, abusive or threatening language).In the event that the Contract is terminated under this clause, the Client shall not be entitled to a refund.
9.2 Football Finance Academy may suspend provision of the Financial Coaching Services under the Contract or any other contract between the Client and Football Finance Academy if the Client fails to pay any amount due under the Contract on the due date for payment or if Football Finance Academy believes that the Client may be unable to pay its debts as and when they fall due.
9.3 Without limiting its other rights or remedies, Football Finance Academy may terminate the Contract at any time by giving the Client one (1) month’s notice in writing and, unless termination is the fault of the Client, Football Finance Academy shall refund to the Client any Fees paid for Financial Coaching Services not yet received.
9.4 Termination of the Contract, however arising, shall not affect any of the parties' rights, remedies, obligations and liabilities that have accrued as at termination.
10. Dispute Resolution
10.1 If any dispute arises in connection with these Terms, the parties will attempt to settle it by mediation in accordance with the CEDR Model Mediation Procedure. Unless otherwise agreed between the parties, the mediator will be nominated by CEDR. To initiate the mediation, a party must give notice in writing ("ADR Notice") to the other party and send such ADR Notice to CEDR. The parties shall refer the dispute to CEDR for mediation within 14 days of the ADR Notice.
11. Personal Information
12.1 These Terms shall be governed by and interpreted in accordance with English law. Disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the English courts.
12.2 This Contract is drafted in the English language. If this Contract is translated to any other language, the English language version shall prevail.
12.3 A person who is not a party to this Contract shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms. This does not affect any right or remedy of a third party, which exists, or is available, apart from that Act. The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under these Terms are not subject to the consent of any other person.
12.4 Nothing in this Contract shall be deemed to constitute a partnership between the parties or any other person.
12.5 Each party shall at all times comply with all applicable laws and regulations of governmental or other competent authorities from time to time in performing its obligations under this Contract.
12.6 If any provision of these Terms is held to be illegal or unenforceable such provision shall be severed and the remainder of these Terms shall remain in full force and effect, unless the business purpose of the contract between us is substantially frustrated as a result.
13 Disclaimer of Liability
13.1 Financial coaching is not an activity that is regulated by the Financial Conduct Authority and neither Football Finance Academy nor your Coach as an individual is regulated by the Financial Conduct Authority. Your Coach will not offer any regulated advice or conduct any other regulated activity, such as recommending particular funds to invest in, mortgage or insurance products to purchase or whether or not to transfer a pension. It is your responsibility to ensure that the actions you take as a result of financial coaching are right for you. You will not be covered by the government’s Financial Services Compensation Scheme or by Football Finance Academy if something goes wrong.
13.2 If you require regulated services, the Coach shall not directly refer you to any individual or organisation that offers or provides regulated financial advice. It is your responsibility to find the regulated service that is right for you.
13.3 If the Coach determines that you have more complex needs for which the Financial Coaching Services are not suitable, you will be advised to cancel the Contract. In such circumstances, you are entitled to a full refund for unused Coaching Sessions as described in clause 7.
13.4 Neither Football Finance Academy nor the Coach is responsible for any guidance, advice or recommendations given to you by a third party adviser. If you choose to speak to a third party adviser, Football Finance Academy may require you to agree to additional terms and conditions independent of and separate to any terms or agreement governed by this Contract.
13.5 Football Finance Academy shall under no circumstances whatsoever be liable to the Client, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any loss (whether direct or indirect) of actual or anticipated income, savings or profits, contracts, business, business opportunities, revenue, turnover, savings, goodwill, reputation loss or corruption of data or information, or wasted expenditure, or for any indirect or consequential loss arising under or in connection with the Contract.
13.6 Football Finance Academy’'s total liability to the Client in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall in no circumstances exceed the Fees paid by the Client to Football Finance Academy during the Term.
13.7 Nothing in these Terms shall limit or exclude Football Finance Academy’s (or its employees’, agents’ or subcontractors’) liability for:
- death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
- fraud or fraudulent misrepresentation; or
- any other liability to the extent such liability may not be excluded or limited as a matter of law.
13.8 The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
13.9 The Client shall indemnify Football Finance Academy against any costs, liability, damages, loss, expenses, claims or proceedings arising from loss or damage (including that belonging to any third parties appointed by Football Finance Academy) caused by any breach of these Terms or any other liabilities arising out of the use of the Financial Coaching Services by the Client.
13.10 This clause shall survive termination of the Contract.
By clicking ‘I accept’, ‘I agree’ (or similar button) the Client acknowledges that they have read, understood, and agrees to be bound by this Contract (the date of such occurrence being the Start Date).