Motorsportmind Limited

By Engaging in a Coaching Package Agreement or Individual Coaching session you agreeing to the following terms and conditions that apply.

Agreement - Terms & Conditions

This agreement is between: Motorsportmind Limited (Company) for services delivered by Greg McColl (Coach) and (Client)(Client refers to You or Service User) whereby the Coach and Company agrees to provide Coaching Services for (Coachee) (Coachee refers to You or Service User) focusing on (topics/results/outcomes/goals as agreed.).

Coaching Agreement

1. Coach agrees to hold to a general Code of Ethics and standards of behaviour as set outlined by ICF.

2. Client is responsible for creating and implementing his/her own physical, mental and emotional well-being, decisions, choices, actions and results. As such, the Client agrees that the Coach nor company is not and will not be liable for any actions or inaction, or for any direct or indirect result of any services provided by the Coach.

3. Client understands coaching is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease. The Client understands that fees are purely for the Coach's time only and they are responsible for their own results.

4. Client understands that coaching is not to be used as a substitute for professional advice by legal, mental, medical or other qualified professionals and will seek independent professional guidance for such matters.

If Client is currently under the care of a mental health professional, Coach will recommend that Client inform the mental health care provider and the client may need to have a referral letter from their health care provider.

5. Client agrees to communicate honestly, be open to feedback and assistance and create the time and energy to participate fully in the program.

6. If under the age of 16, the parent or legal guardian of the Client gives express permission for the Client to attend sessions and undertake coaching services. If the client is under 18yrs old please also refer to the Safeguarding Policy 

Services.

The parties agree to engage in  sessions of Coaching Program by Zoom/Online meetings. Sessions may last 60-90 minutes. 

The Coach will be available to Client by e-mail and messaging platforms  in between scheduled meetings as defined by the Coach. Coach may also be available for additional time, per client’s request on a prorated basis rate of £150/hour (eg reviewing documents, reading or writing reports, engaging in other client related services outside of coaching hours).

All information,. services and sessions provided by Motorsportmind Limited and/or Greg McColl are for informational purposes only. It is not intended to diagnose, treat, or act as a substitute for professional medical advice. It does not replace the need for services by medical professionals and as such any changes to your current treatment or condition should be discussed with your doctor or medical practitioner. Additionally, any questions concerning any medical or mental health issues should also be directed towards your doctor. Coaching is not to be used as a substitute for professional advice by legal, mental health, medical or other qualified professionals and the Client agrees they will seek independent professional guidance for such matters.

The Company and the Coach is committed to help the Client to improve and make the changes that the Client desires. It is the intention of the Company and the Coach  to help the Client to help themselves in such a way as to provide the Client with the experience of an improvement of self-awareness and self development that can facilitate 'cognitive restructuring', new perspectives and the creation of new positive behaviours, that can allow the Client  to make profound and positive change to their life.

The Client agrees to carry tasks or actions that may be suggested to complete outside of sessions that are designed to enhance the benefits of the work that may be carried out during sessions to further their progress towards meeting goals. It is Clients sole choice and responsibility as to whether they complete these tasks or actions and accept they enhance the likelihood of successful outcomes by facilitating constant, positive progression. 

The Client is responsible for creating and implementing his/her own physical, mental and emotional well-being, decisions, choices, actions and results. As such, the Client agrees that the Coach nor Company is not and will not be liable for any actions or inaction, or for any direct or indirect result of any services provided by the Coach or Company.

App Access

Access to the App is granted at the sole discretion of motorsportmind limited and is without charge or additional fee.

 'By downloading or using the app you agree to the Terms of Use'.

'Terms of Use' for the 'motorsportmind app' can be found here :  App - Terms of Use

Access to the motorsportmind app - available through the Apple and Google app stores will be granted. Some features may be restricted.

Access to Driver & Rider sections of the app including but not exclusively the 'How-To, Checkin and Media'  features and content within the app are restricted to current Clients with active agreements. Ad-hoc or 'pay as you go' clients will have access solely to the 'Free Tier' and any individual links to other resources that may be shared at the discretion of the Coach.

Academy Access

 Full Free Access to the Academy and it's content ( https://academy.motorsportmind.com ) is granted at the sole discretion of motorsportmind limited and is without charge or additional fee.

 'By downloading or using any content or by using the Academy you agree to the Terms of Use'.

'Terms of Use' for the 'motorsportmind app & Academy' can be found here :  App & Academy  - Terms of Use

Full Free Access to the Academy, any paid features and paid content is free and unrestricted only to current Clients with active agreements. Ad-hoc or 'pay as you go' clients will have access solely to the 'Free Tier' and any individual links to other resources that may be shared at the discretion of the Coach.

Schedule & Fees. (see package details on website or individual proposal if provided) 

This coaching agreement is valid as per date of proposal acceptance. The individual per session fee is £250 per session and is invoiced and payable immediately after each session. If a coaching package or retainer has been agreed, the payment schedule is as per the proposal. The time of the coaching meetings and/or any location/platform will be determined by Coach and Client based on a mutually agreed upon time.

Confidentiality & Non-Disclosure.

This coaching relationship, as well as all information (documented or verbal) that the Client shares with the Coach as part of this relationship, is bound to confidentiality as outlined the ICF Code of Ethics, but is not considered a legally confidential relationship (like in Medicine or Law). The Coach/Company agrees not to disclose any information pertaining to the Client without the Client’s written consent. The Coach/Company will not disclose the Client’s name as a reference without the Client’s consent. Confidential information does not include information that: 

(a) was in the Coach’s possession prior to its being furnished by the Client; 

(b) is generally known to the public or in the Client’s industry; 

(c) is obtained by the Coach/Company from a third party, without breach of any obligation to the Client; 

(d) is independently developed by the Coach/Company without use of or reference to the Client’s confidential information; or 

(e) that the Coach/Company is required by law to disclose. According to the ethics of our profession, topics may be anonymously and hypothetically shared with other coaching professionals for training, supervision, mentoring, evaluation, and further coach professional development and/or consultation purposes.

Client agrees with the Company's Privacy Policy

Session Cancellation and Lateness & Rescheduling, Rollover

Client agrees that it is the Client’s responsibility to notify the Coach at least 24 hours in advance of the scheduled call/meeting if the client cannot make the session. Client will forfeit and/or be billed for a missed session if the client does not turn up or reschedule. Coach will wait for 15 minutes, before the Client is noted as not turning up for the session. Rescheduled sessions may only be rescheduled once. 
Any sessions or session time that fails to be be booked or used within the term of the agreement will be forfeit and is not carried over/cannot be extended beyond the date/s of the term of the agreement without exception or without the prior agreement of the Coach. 

Termination & Refunds. 

Either the Client or the Coach/Company may terminate this agreement at any time with 2 weeks written notice. In the event of early termination of a package agreement by the Client, 50% of any unpaid package fees will be paid to the Coach/Company within 7 working days.  In the event of termination of a retainer agreement by the Client, the next full months retainer fee will be due on notice of termination. 

Payments can be made online via link supplied on invoices using Square Payments processing or via Bank Transfer

The Coach/Company reserves the right to apply at their discretion the following in the event of session cancellation.

If you cancel within 72 hours, 25% of the appointment fee is payable.

If you cancel within 48 hours, 50% of the appointment fee is payable.

If you cancel within 24 hours, all of the appointment fee is payable.

This policy may rigorously enforced to discourage service users from taking an appointment which could have gone to someone in need.

There is a strict no refund policy as any fees paid to Motorsportmind Limited / Greg McColl are solely in consideration for the Coach's time whether the client attends the session or not and in the event of packages for the Coach's time reserved/ allocated or apportioned across the term selected by the client. Payments for coaching fees are non-refundable and non-transferable.

If by prior agreement an invoice is sent to the Coachee, the Coachee must settle all payments for Services within 7 days from any invoice date.

The Coach/Company reserves the right to charge interest on all late payments at a rate of 5% per annum above the base lending rate of Barclays Bank to which the Coachee agrees.

The Coach is also entitled to recover all reasonable expenses incurred in obtaining payment from the Coachee where any payment due by the Coachee is late.

The Coachee is not entitled to withhold any monies due to the Coach/Company.

The Coach/Company is entitled to vary the price to take account of any additional Services requested by the Coachee which were not included in the original agreement.

• Agreement: By making monthly payments for the coaching package, you ("Client") agree to the following terms and conditions.
• Services: The coaching package includes a specified number of coaching sessions per month, as agreed upon between the Client and the Company/Coach. The Company/Coach will provide coaching services in accordance with the agreed schedule.
• Payment Terms: The Client agrees to make monthly payments for the coaching package as specified in the agreed payment plan. Payments are due on the same day each month, starting from the date of the initial payment. Payments can be made via bank transfer or with a valid credit or debit card through the Company's chosen payment provider. For regular payments, the client can authorise 'automatic recharge' for the payments to be taken automatically on the generation on their invoice. See below:  Automatic Recharge Authorisation - Terms and Conditions:
• No Cancellation: Once the Client has made the initial payment, there is no option to cancel the coaching package before the agreed duration has been completed unless agreed by The Company/Coach in writing. The Client is responsible for making all monthly payments until the end of the agreed duration.
• No Refunds: The Client understands and acknowledges that there will be no refunds provided for any reason, including but not limited to non-usage, dissatisfaction with the coaching services, or any other circumstances.
• Late Payments: If the Client fails to make a monthly payment within 7 days of the due date, the Company/Coach reserves the right to suspend or terminate the coaching services until the outstanding payment is received. The Client will remain responsible for the full payment of the coaching package, regardless of any suspension or termination. The Coach/Company reserves the right to charge interest on all late payments at a rate of 5% per annum above the base lending rate of Barclays Bank.
• Confidentiality: The Company/Coach agrees to keep all information disclosed by the Client during the coaching sessions strictly confidential, except as required by law or with the Client's express permission.
• Intellectual Property: All materials provided by the Company/Coach during the coaching sessions are protected by intellectual property rights. The Client agrees not to reproduce, distribute, or disclose any of the Company/Coach materials without prior written permission.
• Limitation of Liability: The Company/Coach shall not be liable for any direct, indirect, incidental, or consequential damages arising from the coaching services or the use of any materials provided. The Client agrees to use the coaching services at their own risk.
• Governing Law: These terms and conditions shall be governed by and construed in accordance with the laws of the United Kingdom. Any disputes arising out of or in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the courts of the United Kingdom.

Payments -  Automatic Recharge Authorisation - Terms and Conditions:

By using our services and choosing to authorise Automatic Recharging, you ("The Client") hereby authorize and agree to us motorsportmind limited ("The Company") and our agents and authorised payment providers (Stripe/Mollie/Revolut) to automatically recharge your previously provided credit card details for any outstanding or future payments, in accordance with the laws of the United Kingdom ("UK"). These terms are in addition to all terms and conditions provided by payment providers (Stripe/Mollie/Revolut).

1. Authorization and Consent
1.1 The client acknowledges and agrees that by providing their credit card details, they authorize the company to automatically recharge the provided credit card for any outstanding or future payments related to the services as agreed and on the generation of a new invoice.
1.2 The client further consents to the company, their agents and payment providers securely storing and using their credit card details for the sole purpose of processing automatic recharges as authorized.

2. Recharge Amounts and Frequency
2.1 The company will recharge the client's credit card for the exact amount due / for outstanding payments or as specified in the pricing or payment terms agreed upon with The Company/Coach
2.2 The frequency of automatic recharges will be determined by the payment terms agreed upon, which may include recurring charges, subscription fees, or other agreed-upon payment intervals. 

2.3 The Company will continue to process payments until the full term or period of any agreed services or cancellation of the automatic recharge agreement by The client. The client may cancel the authorisation to automatically recharge their designated payment details at any time (see 4.1 - right to opt out / cancel automatic recharge)

3. Notification and Confirmation
3.1 When a new invoice is generated for each automatic recharge, the company will provide the client with a notification, either via email or any other agreed-upon communication method, specifying the recharge amount and date that payment will be processed (5 days after invoice generation and notification unless otherwise agreed with The Company / Coach.)
3.2 The client must ensure that their provided contact details are accurate and up-to-date to receive these notifications.
3.3 The client agrees that the notification sent by the company will serve as confirmation of any upcoming recharge or payment processed and no further authorization will be required.

4. Right to Opt-Out / Cancel
4.1 The client has the right to opt-out of the automatic recharge service at any time by contacting the company and requesting the cancellation of future automatic recharges. Please contact The Company either via email or WhatsApp. The Company will endeavour to ensure that no further Automatic Recharges are made within 3 days of notification by the Client. 
4.2 The client acknowledges that opting out of the automatic recharge service may result in the suspension or termination of services provided by the company, as specified in the agreed-upon terms or unless advised in advance and is at the sole discretion of The Company/Coach.

5. Liability and Disputes
5.1 The company will make reasonable efforts to ensure the accuracy and security of the automatic recharge process. However, the client acknowledges that the company shall not be held liable for any damages, losses, or unauthorized charges resulting from the automatic recharge process, except in cases of proven negligence or misconduct.
5.2 Any disputes arising from the automatic recharge service shall be governed by and construed in accordance with the laws of the United Kingdom.

Limited Liability.

The client agrees to defend, indemnify, and hold harmless Motorsportmind Limited and/or Greg McColl, from any and all damages, liability, and claims, arising from any claim(s). To the extent permitted by law, Motorsportmind Limited and/or Greg McColl will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the services provided by Motorsportmind Limited and/or Greg McColl

Except as expressly provided in this agreement, the Coach/Company makes no guarantees or warranties, express or implied. In no event will the Coach/Company be liable to the Client for consequential or special damages. Notwithstanding any damages that the Client may incur, the Coach/Company's entire liability under this agreement, and the Client’s exclusive remedy, will be limited to the amount paid by the Client to the Coach/Company under this agreement for all services rendered up until the termination date.

This is the entire agreement of the parties, and reflects a complete understanding of the parties with respect to the subject matter.

This agreement supersedes all prior written and oral representations.

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.

This agreement supersedes all prior written and oral representations.

Agreement and Adherence

The terms and conditions of this Agreement may be modified or amended as necessary only by written instrument signed by both parties. By engaging the services of motorsportmind limited / Greg McColl , you indicate that you understand, agree to and accept the terms and conditions as contained herein.

last updated 30th May 2023
automatic payment recharge terms added 1st Nov 2023