Financial Coaching Agreement

Financial Coaching Agreement

1. THESE TERMS

1.1. What these terms cover. These are the terms and conditions (“Financial Coaching Agreement”) on which we supply our services to you.

1.2. Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide our services to you, how you and we may change or end the Financial Coaching Agreement, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.

1.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:

1.3.1 You are an individual;

1.3.2 You are buying products or services from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession). 

1.4 If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation based on any statement in these terms.

1.5. These terms may change. We may review, amend and update these terms from time to time. You should review these terms before you place a new order. These terms were last updated on 19 March 2025.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1. Who we are. We are Smallfish Coaching Limited (“Coach”), a company registered in England and Wales. Our company registration number is 16328355 and our registered office is at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ. 

2.2. How to contact us: You can contact us by email: contact@smallfishcoaching.com or by using the contact form at http://www.smallfishcoaching.com/contact

2.3. How we may contact you: If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.4. “Writing” includes emails. When we use the words “writing” or “written” in this Financial Coaching Agreement, this includes emails.

3. DEFINITIONS AND INTERPRETATION

3.0. “Us” means Smallfish Coaching Limited, a company registered in England and Wales. It does not refer to its Directors, Coaches, Staff, Contractors, Accountants or Agents personally in any way, but refers to Smallfish Coaching Limited, a limited liability company.

3.1. “Coaching Session” means a conversation taking place between the Client and Coach in person, and/or via the telephone, voice-over-IP, video conferencing and/or instant messenger, and will last for a minimum of 50 minutes (unless otherwise agreed by the Parties), with up to 10 minutes to wind up the conversation and agree next actions until the next Coaching Session (where applicable).

3.2. “Services” means the Coaching Sessions the Coach will provide to the Client primarily via video conferencing, face-to-face in-person meetings, phone calls, voice-over-IP services (such as Skype or WhatsApp) or instant messenger.

3.3. “Term” means the period of time this Financial Coaching Agreement will last and shall begin on the date set out at the beginning of the Financial Coaching Agreement and will continue indefinitely until terminated.

3.4. “Fee” and “Agreed Fee” means the consideration you supply us in return for the Services which, unless otherwise agreed, the Client will pay to the Coach in full an Agreed Fee per Coaching Session on the terms set out in clause 12 of the Agreement. In consideration of the Services, an Agreed Fee between the Parties is a fee in writing in which both parties agree is a fair price for the Services to be rendered. This will be provided by the Coach in writing in advance of the Client receiving the Services.

3.5. “Booked Coaching Session” means a Coaching Session is scheduled in the Coach’s calendar as agreed with the Client (verbally or written) by way of the Calendly booking system, Google Calendar invite, or in writing.

3.6. “Parties” means both the Coach and the Client collectively.

3.7. “Client” and “you” means the person receiving the Services. In the case of a person who is under the age of 18 years old to receive the Services, the Parent or Legal Guardian of that person.

3.8. “Agreed Time Frame” means an agreed length of time in writing that the Services will be delivered by the Coach to the Client. Thereafter, the Services shall be deemed delivered and finished regardless of whether or not all sessions have been used.

3.9. “Cooling-Off Period” means the legal right under consumer protection legislation and regulation you have for most services bought online to change your mind within 14 days and receive a full refund for services paid for but not used.

3.10. “The Coach’s Supervisor“ means another coach or psychology, nutrition, personal training professional that provides supervision to the Coach in respect of the Services that the Coach delivers to clients.

3.11. “Order Form“ means an email sent to you from us regarding payment of the Services, or an electronic form that facilitates the payment of the Services.

3.12. “Session Allowance“ means how many coaching sessions you are entitled to receive in respect of the Services paid for.

4. OUR FINANCIAL COACHING AGREEMENT WITH YOU

4.1. How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract (i.e. the Financial Coaching Agreement) will come into existence between you and us.

4.2. If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the order. This may be because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the service or because we are unable to meet a deadline you have specified.

4.3. Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

4.4. You may purchase Coaching Sessions internationally as long as you hereby agree that the services are provided from and marketed from the UK.

5. YOUR RIGHTS TO MAKE CHANGES

If you wish to make a change to the Services you have ordered, you should contact us and we will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the services, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the Financial Coaching Agreement (see Clause 8).

6. OUR RIGHTS TO MAKE CHANGES

6.1. Minor changes to the Services. We may change the Services:

(a) to reflect changes in relevant laws and regulatory requirements; and

(b) to implement minor technical adjustments and improvements, for example to address a security threat.

6.2. More significant changes to the services and these terms. In addition, as we informed you in the description of the Services on our website, we may make the more significant changes to these terms or the Services, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect.

7. PROVIDING THE SERVICES

7.1. We will begin the Services on the date set out in the order. The estimated completion date for the Services is as told to you during the order process.

7.2. We will supply the Services to you until either the Services are completed, or the subscription expires (if applicable) or you end the Financial Coaching Agreement or we end the Financial Coaching Agreement by written notice to you as described in Clause 8.

7.3. If our supply of the Services is delayed by an event outside our control, we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Financial Coaching Agreement and receive a refund for any Services you have paid for but not received.

7.4. If you do not allow us access to your property to perform the Services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result.

7.5. If, despite our reasonable efforts, we are unable to contact you we may end the Financial Coaching Agreement.

7.6. We may need certain information from you so that we can supply the Services to you, for example, your name, date of birth, home address, email address and pre-existing medical conditions. If so, this will have been stated in the description of the Services on our website. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the Financial Coaching Agreement or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

7.7. We may have to suspend the supply of the Services to:

(a) deal with technical problems or make minor technical changes;

(b) update the Services to reflect changes in relevant laws and regulatory requirements;

(c) make changes to the Services as requested by you or notified by us to you.

7.8. We will contact you in advance to tell you we will be suspending supply of the services, unless the problem is urgent or an emergency. If we have to suspend the services for longer than 14 days, we will adjust the price so that you do not pay for services while they are suspended. You may contact us to end the Financial Coaching Agreement for a Service if we suspend it.

7.9. We may also suspend supply of the services if you do not pay. If you do not pay us for the Services when you are supposed to and you still do not make payment within seven (7) days of us reminding you that payment is due, we may suspend supply of the Services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Services. We will not charge you for the services during the period for which they are suspended. As well as suspending the Services we can also charge you interest on your overdue payments.

8. YOUR RIGHTS TO END THE FINANCIAL COACHING AGREEMENT

8.1. You can always end your Financial Coaching Agreement with us. Your rights when you end the Financial Coaching Agreement will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the Financial Coaching Agreement:

(a) If what you have bought is defective or misdescribed you may have a legal right to end the Financial Coaching Agreement;

(b) If you want to end the Financial Coaching Agreement because of something we have done or have told you we are going to do; subject to the specific reasons given in Clause 8.2;

(c) If you have just changed your mind about the services, see Clause 8.3. You may be able to get a refund if you are within the Cooling-Off Period, but this may be subject to deductions at the sole discretion of the Coach; or

(d) In all other cases (if we are not at fault and there is no right to change your mind), see Clause 8.3.

8.2. Ending the Financial Coaching Agreement because of something we have done or are going to do. If you are ending a Financial Coaching Agreement for a reason set out at (a) to (e) below the Financial Coaching Agreement will end immediately and we will refund you in full for any Services which have not been provided and you may also be entitled to compensation. The reasons are:

(a) we have told you about an upcoming change to the Services or the Financial Coaching Agreement which you do not agree to;

(b) we have told you about an error in the price or description of the Services you have ordered, and you do not wish to proceed;

(c) there is a risk that supply of the Services may be significantly delayed because of events outside our control;

(d) we have suspended supply of the Services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than fourteen (14) days; or

(e) you have a legal right to end the Financial Coaching Agreement because of something we have done wrong solely determined by a judge in a court of law or by an arbitrator in arbitration proceedings.

8.3. Exercising your right to change your mind (Consumer Agreements Regulations 2013). If you are a consumer then for most services bought online you have a legal right to change your mind within 14 days and receive a full refund for services paid for but not used, which is termed a “Cooling-Off Period”. If you ask us to commence the Services within the Cooling-Off Period, you will lose your right to a full refund if you then ask us to stop providing the Services. In this case, we will deduct for the Services you have provided before making a refund.

9. KEY TERMS OF THE FINANCIAL COACHING AGREEMENT

9.1. The Fees are payable in full in advance of Coaching Sessions unless otherwise agreed.

9.2. The Fees are non-refundable once the Cooling-Off Period has expired.

9.3. You may reschedule a Booked Coaching Session by providing at least 48 hours’ notice in writing. However, each Booked Coaching Session may only be rescheduled a maximum of three (3) times. After the third reschedule, the session will be considered forfeited and deducted from your Session Allowance. Failure to give 48 hours’ notice will also result in forfeiture of the session and no refund will be given.

9.4 You understand that while investments may be discussed during the coaching sessions, it is not the intention of this agreement to provide investment advice. Client is advised to consider a Personal Financial Planner or Personal Financial Advisor for such advice.  You also understand that the purpose of financial coaching is to evaluate your current financial situation and educate you on how to meet your financial goals. The coach will not give tax or legal advice. However, the coach may refer you to professionals in those areas.

The Coach provides financial education, literacy training, and guidance to assist the Client in making informed decisions about their finances. The Services are not a substitute for financial planning, investment advice, tax advice, or legal counsel. The Coach is not a regulated financial advisor, wealth manager, or accountant, and any discussions related to personal finance shall not be construed as investment, tax, or legal advice.

During the course of the Financial Coaching program, the Coach may share with the Client information and/or independent research or opinions on stocks, funds, insurance products, and other services using outside sources believed, but not guaranteed, to be accurate. In no case should this data be construed as a solicitation to buy or sell a particular issue or product. Financial coaching is not a replacement for financial advisory and planning services; rather, it enables the Client to work with financial advisors, planners and brokers more effectively. 

9.5. You may stop the Services at any time (in which case, no refund will be provided unless within the Cooling-Off Period).

9.6. While the Coach strives to provide useful education and guidance, the Client acknowledges that the results of coaching depend on many factors outside the Coach’s control, including but not limited to the Client’s personal effort, financial situation, market conditions, and economic factors. The Coach does not guarantee any financial improvement, wealth increase, debt reduction, or any specific financial outcomes as a result of the Coaching Services.

9.7. You represent and warrant that you receiving the Services, are psychologically, mentally and physically well enough to receive the Services, and that you will hold the Coach and its directors, agents, partners, secretaries, accountants and associates completely harmless in the event of any medical or psychological conditions being triggered or made worse, or any loss or damage to any kind of personal relationship,as a result of you receiving the Services.

9.8. When undergoing or paying for a Coaching Package, you agree to complete the coaching programme within the Agreed Time Frame of the Services with the Coach. After the Agreed Time Frame, the Services will be deemed delivered by the Coach to the Client and thus concluded.

9.9. When undergoing or paying for a Coaching Package, the Client agrees that they are solely responsible for finding a mutually convenient time to schedule Coaching Sessions within the Agreed Time Frame of the Services.

9.10. By agreeing to these terms in writing such as via email or by ticking the box marked “I have read the Financial Coaching Agreement and agree to the terms and conditions” and clicking the “Schedule Event” or “submit” button, you agree to be bound by the terms of this Financial Coaching Agreement. By accepting a coaching session with the Coach, you also agree to be bound to the terms of this Financial Coaching Agreement. If you do not agree to the terms of this Financial Coaching Agreement, you shall immediately cease usage of the Services and this website.

9.11. You represent and warrant that you are at least 18 years of age, and that you have legal authority to agree to this Financial Coaching Agreement.

9.12. You represent and warrant that you are psychologically well enough to receive the Services and will not hold the Coach liable for any pre-existing medical or psychological health problems, and you hereby receive the Services solely at your own risk.

9.13. Any session allowance must be used within 180 days (6 months) of the date the Services have been ordered (unless stated in writing), otherwise you agree to forfeit your right to these remaining sessions.

​9.14 The Coach will solely and ultimately determine the Client’s session allowance based on how much money has been paid by the Client to the Coach and based on the Coach’s own records of booked or scheduled coaching session dates and times, and any discretionary session allowance additions or deductions in accordance with this Agreement.

10. THE TERM

10.1. The Client engages the Coach to provide the Services in accordance with this Financial Coaching Agreement.

10.2. This Financial Coaching Agreement will commence on the date of the first Order Form and will continue until terminated by the parties or in accordance with another provision of this Agreement.

11. COACH’S RESPONSIBILITIES

11.1. During this Financial Coaching Agreement, the Coach shall:

(a) provide the Services carefully and skilfully as best he can and do his best to promote the Client’s interests;

(b) provide the Services unless prevented by illness or injury;

(c) tell the Client as soon as he reasonably can if he is unable to provide the Services because of illness or injury and in any event.

12. FEES

12.1. The Client will pay the Coach the Fee together with any applicable Value Added Tax (“VAT”) and any applicable taxes, charges, currency conversion or transfer fees that apply, in advance of a Coaching Session.

12.2. Payment of fees by the Client will not affect any of the Client’s claims or rights against the Coach if he does not provide the Services in accordance with this Financial Coaching Agreement.

12.3. Any fees paid by the Client to the Coach are strictly non-refundable (with exception to statutory consumer rights and laws).

13. EXPENSES

The Parties shall be solely responsible for their own expenses, which includes telephone, Internet and postage fees, transfer fees and any applicable taxes.

14. PRIVACY AND CONFIDENTIAL INFORMATION

14.1. The Coach shall keep any information shared by the Client confidential unless:

(a) the provision of the Services makes it necessary for the Coach to disclose the confidential information to someone in order that they can help the Coach to fulfil the Services (such as to third-party services including but not limited to Calendly scheduling services);

(b) the Client approves its disclosure in writing before the disclosure;

(c) a court order or lawful warrant requires it to be disclosed;

(d) the information is already public and known by others (but not because the Coach told them);

(e) the Client reveals information that would indicate they are at serious risk of harming themselves or others, in which case the Coach may contact health care or emergency services to intervene;


(f) the Client reveals information that they have committed a serious criminal offence (such as but not limited to murder, manslaughter, rape, robbery, sexual assault, treason, terrorism, kidnapping, child abuse, money laundering, wire fraud, or other cases where individuals or companies have suffered serious harm), in which case the Coach may contact law enforcement (and social services where applicable) without notifying the Client as there may be a legal obligation and regulatory requirement for the Coach to do so.

(g) the Coach needs to discuss in confidence with the Coach’s Supervisor any Services rendered to the Client in order that the Coach can fulfil the Services skilfully in accordance with Section 11.1a.

(i) the Coach or its directors, secretaries, employees, subcontractors, agents or supervisors needs to defend against one or more claims or resolve a dispute arising from the Services provided for the Client and needs to disclose confidential information shared by the Client and to a court of law, a judge, an insurer, a coroner, a solicitor, a barrister, an arbitrator or participants in an arbitration hearing, or any other individual or organisation in order to defend against such claims or resolve such a dispute.

14.2. The Client agrees that the Coach may use and share an anonymised version of Confidential Information provided by the Client during the course of the Services for the purpose of case studies, success stories, marketing, client acquisition and sales, so long as the Client’s name and identity is not disclosed.

14.3. The Coach may not disclose the full name of the Client unless the Client authorises the Coach to do so in writing or leaves a public review on the Coach’s website or related social media websites.

15. INTELLECTUAL PROPERTY

The Parties shall retain any intellectual property created by them unless otherwise agreed in writing. Nothing in this Financial Coaching Agreement shall grant ownership to either Party’s intellectual property, with exception to Clause 15.2.

15.2 If any recordings (video, audio, or otherwise) are made by the Client and/or Coach of a Coaching Session or initial consultation (whether covert or overt), the Coach will become the sole owner of all and any intellectual property rights and moral rights of such recordings and the Client will irrevocably transfer any and all such rights to the Coach immediately and the Client will not release, publish, share, copy, transfer, upload or broadcast such recordings to any third party without prior express written permission from the Coach.

15.3 If Clause 15.2 is breached by the Client, the Client will indemnify the Coach for any damage or loss to the Coach’s reputation or goodwill, and any subsequent damages caused by or related to such breach.

15.4 As Coaching Sessions are private and confidential, if any recordings (video, audio, or otherwise) are made by the Client of a Coaching Session or initial consultation without prior express written permission from the Coach, this will be deemed to be an act of bad faith, and as such, the Client will forfeit the right to use any remaining Session Allowance and the Coach may terminate the relationship in accordance with Clauses 16 and 17.

16. ENDING THIS FINANCIAL COACHING AGREEMENT

16.1. The Parties may end this Agreement by sending notice in writing to the other Party.

16.2. The Coach reserves the right to terminate the relationship immediately with no further obligation to provide the Services if they are the victim of any physical assault, verbal abuse, or any criminal offence (under the laws of England and Wales), committed by the Client.

16.3. The Coach reserves the right to terminate the relationship if the Client repeatedly books sessions with the Coach and does not attend them, or repeatedly cancels with less than 48 hours’ notice before the Booked Coaching Sessions.

17. RESPONSIBILITIES UPON TERMINATION

17.1. On termination of this Financial Coaching Agreement the Coach shall uphold Clause 12.

17.2. Even after this Financial Coaching Agreement is terminated, any fees paid to the Coach by the Client shall remain non-refundable (unless otherwise mandated by statutory laws).

18. CLIENT’S RESPONSIBILITIES

18.1. The Client assumes all and sole responsibility for their actions, decisions and choices reached during and after Coaching Sessions with the Coach.

18.2. The Client agrees and understands that coaching is a relationship they have with the Coach and is designed to facilitate the development of personal and professional goals and develop a plan/strategy for achieving those goals.

18.3. The Client agrees and understands that ‘coaching’ is a comprehensive process, which may involve all areas of their life including work, family, health, relationships, education, recreation and spirituality, and the Client acknowledges that deciding how they manage these areas of their life is their sole responsibility.

The Client acknowledges that the Client takes full responsibility for the Client’s life and well-being, and all decisions made during and after this program. The Client expressly assumes the risks of the Program. The Client releases the Coach from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity, which the Client ever had, now has or will have in the future against the Coach, arising from the Client’s past or future participation in, or otherwise with respect to, the Program, unless arising from the gross negligence of the Coach.

18.4. The Client agrees and understands that coaching and the Services provided by the Coach are not a substitute for professional or psychological therapy, mental health care, medical advice or attention, legal advice and/or financial advice, and the Client shall seek professional advice or help if necessary.

18.5. The Client agrees and understands that anything that the Coach says (written or otherwise) shall not be interpreted by the Client as medical, legal or financial advice.

18.6. The Client agrees to hold the Coach (and any companies he participates in including their agents, secretaries and partners) harmless for any actions, decisions and choices reached by the Client during and after Coaching Sessions with the Coach.

18.7. The Client shall contact emergency services or health care services if in need of medical attention, such as (but not limited to) suicidal thoughts, depression, anxiety, and any other medical conditions, and the Client agrees that the Coach is not responsible for diagnosing, treating or triggering medical conditions.

18.8. The Client shall consult a qualified medical doctor, such as a general practitioner before making any changes to their diet, sleep, exercise, or any other changes to lifestyle that would reasonably require the consultation of a medical professional.

18.9. The Client shall provide at least 48 hours’ notice to cancel or reschedule a Booked Coaching Session in accordance with Clause 9.3, including the limitation on the number of permitted reschedules. The Client acknowledges that failure to comply with this policy may result in forfeiting the session without refund.

18.10. The Client shall use reasonable endeavours to turn up to Booked Coaching Sessions promptly on time, and the Client agrees that they will not be entitled to additional coaching time beyond the Booked Coaching Session if they are late.

18.11. The Client understands and agrees that results from the Services may vary and are also contingent on the Client showing up to Coaching Sessions with an honest, open and willing attitude, and also dependent on the Client completing any set growth actions after Coaching Sessions.

18.12. When undergoing or paying for a Coaching Package, the Client agrees to complete the coaching programme within the Agreed Time Frame of the Services with the Coach. After the Agreed Time Frame, the Services will be deemed delivered by the Coach to the Client and thus the Client will not be entitled to further coaching.

18.13. When undergoing or paying for a Coaching Package, the Client agrees that they are solely responsible for finding a mutually convenient time to schedule coaching sessions within the Agreed Time Frame of the Services.

18.14 The Client, if receiving the Services, agrees not to engage in any kind of self-harm during or after receiving the Services, and if they do, then the Client will not hold the Coach responsible in any way, and except for where it would be unlawful to do so, will hold the Coach and its directors, secretaries, accountants, shareholders, agents, affiliates, employees and subcontractors completely harmless for their own actions or inaction.

18.15 The Client understands that the Coach will not make decisions for the Client or make contact to creditors or others on the Client behalf. Making decisions and taking actions will be the Client’s responsibility. The Client understands that the Coach will be there to support and encourage the Client during the term of the engagement. Ultimately, the Client is responsible for their actions.

19. LIABILITY – PLEASE READ THIS SECTION CAREFULLY

19.1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with this Financial Coaching Agreement, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Financial Coaching Agreement or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Financial Coaching Agreement was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

19.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Services, including the right to receive services which are: as described and match information we provided to you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care.

19.3. We are not liable for business losses. We only supply the Services for domestic and private use. If you use the Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

19.4. The Client agrees to hold the Coach and its directors, agents, partners, secretaries, accountants and associates completely harmless in the event of:

(a) any medical or psychological conditions being triggered or made worse as a result of receiving the Services;

(b) any inadvertent breach of confidentiality (in which case, the Client shall put in writing where they believe confidentiality has been breached);

(c) any breach of confidentiality caused by human error, computer misuse, hacking, viruses, trojans, phishing, social engineering, or disclosure under duress; and

(d) the Services not meeting the Client’s expectations.

19.5 No Financial Responsibility or Liability: The Coach provides financial education and guidance only and does not provide financial advice, investment recommendations, or any regulated financial services. The Coach does not manage, invest, or handle Client funds in any capacity. The Coach shall not be liable for any financial decisions, investments, losses, debts, or other financial actions taken by the Client based on the information or guidance provided during the Coaching Sessions. The Client is solely responsible for their financial decisions and outcomes.

19.6 No Liability for Indirect or Consequential Loss: The Coach shall not be liable for any indirect, special, incidental, punitive, or consequential damages, including but not limited to loss of income, savings, profits, business opportunities, or other economic losses resulting from the Client’s use of the Services.

19.7 Cap on Liability: In any event, the Coach’s total liability arising out of or in connection with this Financial Coaching Agreement, whether in contract, tort (including negligence), misrepresentation, breach of statutory duty, or otherwise, shall be strictly limited to the amount paid by the Client for the Coaching Services in the 3 months preceding the claim.

20. STATUS

20.1. The relationship between the Client and the Coach shall be that of “independent contractor”.

20.2. The Coach is not the Client’s employee, worker, agent or partner.

20.3. The Coach shall be fully responsible for all his own tax including any Income Tax and National Insurance Contributions arising from providing the Services.

20.4. Nothing in this Financial Coaching Agreement will constitute a joint venture.

21. NOTICES

Any notice sent under this Financial Coaching Agreement shall be delivered in writing, which shall include email.

22. ENTIRE AGREEMENT

This is the entire agreement between the Client and the Coach with respect to its subject matter, and supersedes all prior and contemporaneous proposals, representations, statements and agreements.

23. ANTI-ORAL VARIATION

If either the Client or the Coach wishes to change this Financial Coaching Agreement, the change shall be agreed in writing between the Parties (in accordance with Clause 22).

24. EXECUTION BY ELECTRONIC METHODS AND COUNTERPARTS

24.1. This Financial Coaching Agreement may be signed separately by the Client and the Coach, in which case the separate copies will together be taken as the whole Financial Coaching Agreement.

24.2. The Coach and Client agree that this Financial Coaching Agreement is binding and may be executed electronically, such as by a “tick-box” method via the Calendly.com, or agreeing to it in writing or verbally.

25. THIRD PARTY RIGHTS

No party other than the Client and the Coach has any rights under this Agreement and the Contracts (Rights of Third Parties) Act 1999 shall not apply to this Financial Coaching Agreement.

26. SEVERABILITY

If any provision of this Financial Coaching Agreement is determined to be ineffective, invalid, illegal or unenforceable by a court or other competent body, it shall be severed from the remaining provisions of the Financial Coaching Agreement, and the remaining provisions of the Financial Coaching Agreement shall survive.

27. ASSIGNMENT

We may transfer our rights and obligations under this Financial Coaching Agreement to another organisation. We shall inform you in writing if this happens and we will ensure that the transfer will not affect your rights under the Financial Coaching Agreement.

28. GOVERNING LAW AND JURISDICTION

28.1. This Financial Coaching Agreement and any non-contractual obligations arising in connection with it are governed by and construed in accordance with the law of England and Wales whose Courts shall have exclusive jurisdiction to determine any dispute arising from it.

28.2. If there is a dispute between the Parties, the Parties shall use reasonable endeavours to resolve the dispute informally. If agreement cannot be reached, the Parties agree that the dispute shall be resolved by arbitration in accordance with clause 28.3.

28.3. Any dispute arising out of or in connection with this Financial Coaching Agreement, including any question regarding whether it exists, it is valid, or it can be or has been terminated, shall be referred to and finally resolved by arbitration by a single arbitrator. The parties agree that the single arbitrator shall be chosen by the Coach. The seat, or legal place, of arbitration shall be England and the language to be used in the arbitration proceedings shall be English. The costs of the arbitration, including arbitrator fees and administrative costs, shall initially be shared equally between the Parties, unless otherwise agreed as part of the arbitration proceedings or determined by the arbitrator. Each Party shall bear its own legal costs unless the arbitrator determines that one Party acted unreasonably or in bad faith, in which case the arbitrator may allocate costs accordingly.

28.4. The Client shall use reasonable endeavours to resolve any dispute privately with the Coach before resorting to court action or formal alternative dispute resolution.

28.5. Even if we delay in enforcing this Financial Coaching Agreement, we may still enforce it later. If we do not insist immediately that you do anything you are required to do under this Financial Coaching Agreement, or if we delay in taking steps against you in respect of your breach of this Financial Coaching Agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Services, we may still require you to make the payment at a later date.