VAULT, SHIFT & ACCELORATOR PROGRAMM AGREEMENT

  1.  Terms of engagement
    • I [ CLIENT] wish to engage Flying Changes Mindset Ltd (FCM) to provide me with the coaching services described as The Rider Mindset Vault/Accelerator (the Programme) in accordance with the terms of this agreement (the Agreement).
    • I agree to pay to FCM in consideration for the delivery of the Programme (the Fee). This payment has either been made in full online or set up as an automatic payment. The payment will be honoured in full and will not be cancelled without prior written consent from FCM.
    • After the 14 Day Statutory cooling off period (from the date of the first payment), no refunds will be given.

 

  1.  Disclaimer
    • I understand that coaching as provided by FCM in the Programme is currently an unregulated industry and that FCM is therefore not licensed by any UK body even though the sessions may take place in the UK.
    • I understand that the coaching services I will be receiving from FCM as part of the Programme are not offered as a substitute for professional mental health care or medical care and are not intended to diagnose, treat or cure any mental health or medical conditions. I also understand that FCM and anyone acting on FCM’s behalf is not acting as a mental health counsellor or a medical professional.
    • I understand that all comments and ideas offered by FCM are solely for the purpose of aiding me in achieving the defined goals that I have identified with the assistance of FCM. I can give my informed consent, and hereby give such consent to FCM to assist me in achieving such goals and understand that results are not guaranteed.
    • I understand that FCM will protect my information as confidential unless I state otherwise in writing. If I report child, elder abuse or neglect or threaten to harm myself or someone else, I understand that necessary actions will be taken and my confidentiality agreement limited in this capacity. Furthermore, if FCM is required by a court to provide information or to testify, it will do so to the extent the law requires.
    • I understand that the use of technology is not always secure and I accept the risks of confidentiality breach in the use of email, text, phone, Zoom and other technology.

 

  1.  How We Work Together
    • The Rider Mindset Accelerator is a 90 Day Package and is time-limited, all coaching sessions must be used within that period. The 90 days period begins the day the first payment is received.
    • Between coaching sessions, you will have tasks to complete prior to your next session. While there is no obligation on you to complete these, failure to do so may impact your progress during your Programme.
    • You may contact your FCM coach by the Community Chat function in between coaching sessions to seek ad hoc clarification; FCM will endeavour to respond to such messages by the end of the next working day following receipt.
    • If at any time you are unhappy with the services provided by FCM within the Programme, please:
      • Either raise any concerns with FCM directly via Private Community Chat, or otherwise promptly by email ([email protected]);
      • By way of follow up as needed, confirm the nature of your concerns in writing to FCM by email;
      • FCM will then respond to such email within 7 working days of receipt; and
      • An appropriate resolution, by termination or otherwise, will be agreed on an ad hoc basis between you and FCM and confirmed in writing by email.

 

  1.  Payment Terms
    • All Fees must be paid in accordance with their respective invoices from FCM. Any delay in payment will be subject to interest on the overdue amount at a rate of 4% a year above the base lending rate of The Bank of England from time to time.  This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay FCM interest together with any overdue amount.
    • In the event that the Fee applicable to a Programme is revised, you will be notified by email and may choose to terminate that Programme within 7 days of the notification of such Fee increase.

 

  1.  Termination Rights
    • This Agreement will expire at the end of the Programme, unless otherwise extended in writing in respect of additional coaching services.
    • Either you or FCM may give notice in writing to the other terminating the Agreement with immediate effect if:
      • the other party commits any material breach of any of the terms of this Agreement and that breach (if capable of remedy) is not remedied within 7 working days after notice being given requiring it to be remedied;
      • the other party becomes bankrupt, insolvent or becomes the subject of a receiving or winding-up order, makes any composition with its creditors or has an administrative receiver appointed over all or part of its undertaking or assets, or FCM ceases, or threatens to cease, to carry on business.
    • No refund will be given in these circumstances
    • In the event that you are subject to exceptional circumstances, such as illness or unavailability due to bereavement or other commitments; or if FCM considers that there has been inappropriate behaviour by you, or that an actual or potential conflict of interest may be arising, FCM can decide to terminate your Package early or refuse or be unable to provide further coaching sessions to the you. In such a circumstance you will be given reasonable notice of termination by FCM where practicable and may be refunded any advance payments made for coaching sessions not yet provided, at the discretion of FCM.
    • Any termination under this Agreement shall be without prejudice to any rights which have accrued to you or FCM prior to termination and on termination.

 

 

  1.  Intellectual Property Rights
    • FCM will retain ownership of any and all Intellectual Property Rights that may subsist in anything produced by FCM in the Programme or in providing the Programme. Throughout the term of the Agreement between us, FCM will be deemed automatically to grant a royalty-free, non-exclusive licence of any and all such rights to you to use the same in accordance with this Agreement.
    • FCM will assert all moral rights arising out of Chapter IV of the Copyright, Designs and Patents Act 1988.

 

  1.  Liability
    • FCM will not be liable to you for any loss, injury, damage, expense or delay incurred or suffered by you arising directly or indirectly from or in any way connected with the Programme and, in particular, but without limitation to the foregoing, any such loss, injury, damage, expense or delay arising from or in any way connected with:
      • failure of the Programme to meet your requirements; and
    • Any act or omission of FCM, whether wilful, negligent, fraudulent, dishonest, reckless or otherwise.
      PROVIDED THAT nothing in this clause will exclude or restrict the liability of FCM to you or any other person for death or personal injury resulting from negligence or for fraudulent misrepresentation or in any other circumstances where liability may not be so limited under any applicable law.

 

  1.  Other Important Terms
    • You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under this Agreement to another person if we agree to this in writing.
    • Nobody else has any rights under this Agreement. This Agreement is between you and FCM. No other person shall have any rights to enforce any of its terms.
    • If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    • Even if FCM delays in enforcing this contract, FCM can still enforce it later. If FCM does not insist immediately that you do anything you are required to do under this Agreement, or if FCM delays in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent FCM taking steps against you at a later date. For example, if you miss a payment and FCM does not chase you but continues to provide the services, FCM can still require you to make the payment at a later date. 
    • This Agreement contains the entire agreement between the parties relating to the subject matter of this Agreement and supersedes all (if any) previous agreements and understandings between the parties to that subject matter.
    • Each party acknowledges that in agreeing to enter into this Agreement it has not relied on any representation, warranty or other assurance except those set out in this Agreement.
    • This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English Law and the parties submit to the exclusive jurisdiction of the English Courts.