Terms and Conditions
Financially Happy February 2020 – Terms and Conditions
The contract is between Financially Happy (“Financially Happy”) and the Client as detailed below. Any references to “you” or “yours” are to the Client, and any references to “we,” “us,” or “our” are to Financially Happy:
We aim to offer you sound and applicable financial knowledge, education and guidance for the sole purpose of helping you, the Client. We will work alongside you to assist you in understanding how you can achieve your financial goals. We will work as a team with a common goal of getting a better handle on your finances and how you can become financially happy.
The coaching session/s can happen online through Zoom or in-person in Woking. There is a possibility of meetings taking place in Surrey or London, but this will need to be negotiated and agreed in advance.
The Client understands that Financially Happy coaching is not engaged to render legal, accounting, tax, investing, mortgage or other professional financial advice. The Client’s situation is fact-dependent, and the Client must seek its own services of an appropriate licensed legal, accounting, tax, mortgage or investment professional. Financially Happy makes no representations, warranties, or guarantees verbally or in writing. The methods employed by Financially Happy do not guarantee any particular results. Client shall defend, indemnify and hold harmless the releasees (as defined above) from and against any and all damages, loss, or injury, including without limitation reasonable attorneys’ fees and costs, arising out of or related to advice given or services provided or otherwise resulting from the coaching relationship contemplated herein, to the fullest extent allowed by law, unless such damage, loss, or injury arises from Financially Happy’s gross negligence or willful misconduct. This obligation shall survive the termination or expiration of this Agreement.
Clients will need to pay the full amount for all booked sessions in advance. Payments are due at least 48 hours before our scheduled session.
Payments should be made by bank transfer. Details will be provided at the time of taking up the coaching.
You understand and agree that if you decide to cancel a scheduled session entirely, your payment will be refunded in full if you allow for more than 36 hours notice. With a given notice of 36 hours or less, you will forfeit your payment entirely.
You understand and agree that refunds are not issued on completed coaching sessions or any other completed monthly sessions.
You understand and agree that requests by you to reschedule a session/meeting will need to be made 48 hours in advance and will be honoured where possible.
You will be truthful and transparent with your thoughts, current financial situations, ideas, goals, and challenges. Your open communication is key to our success together as a team.
You will fulfil a number of pre-session tasks to ensure our time together is best utilized. Failure to complete these steps accurately and completely will likely result in less value being delivered, something neither of us wants to happen. These tasks may include but are not limited to: answering questionnaires, completing financial worksheets, reading an educational handout or reviewing an instructional video. These tasks MUST be completed at least 48 hours BEFORE your scheduled appointment, or your session will be cancelled.
You are solely responsible for your actions, choices, and decisions.
We promise to keep your financial information completely private. We will not share what we discuss with any other person or agency without your specific and written permission first unless otherwise required by law.
All intellectual property, including any of Financially Happy’s copyrighted program and/or session materials, shall remain the sole property of Financial Happy. No license to sell or distribute Financially Happy’s materials is granted or implied. Client agrees that any confidential information (including, without limitation, information disclosed by Financially Happy as a part of this Agreement and any copyright, patent, trademark, trade secret, or other intellectual property rights) shall remain confidential and proprietary, and the Client agrees not to disclose such information to any other person or use it in any manner other than in discussion with Financially Happy unless otherwise required by law.
Either party may terminate this Agreement at any time in the event of a breach of, or noncompliance with, any covenant, term, or condition of this Agreement after the non-breaching party has provided written notice of such breach or noncompliance and the same remains uncured for ten (10) days subsequent to the giving of such notice. Client understands that upon termination or expiration of a session, a new separate agreement must be entered into for any further services.
Financially Happy is committed to providing all clients with a positive coaching experience. By purchasing financial coaching the Client agrees that Financially Happy may, at its sole discretion, terminate this Agreement and limit, suspend or terminate clients participation in the coaching programme without refund or forgiveness of monthly payments if Client becomes disruptive to Financially Happy or participants, Client fails to follow programme/coaching guidelines, is difficult to work with, impairs the participation of the other participants in the programme or upon violation of the terms as determined by Financially Happy. The Client will still be liable to pay the total contract amount.
The parties agree that this Agreement does not create an employment, partnership, joint venture, or similar relationship between them.
Indemnity / Limitation of Liability
You hereby release, waive, acquit and forever discharge Financially Happy coaching, its owners, agents, successors, assigns, personal representatives, executors, heirs and employees, including without limitation Alan Thomlinson (collectively the “releasees”) from every claim, suit, action, demand or right to compensation for damages, loss, or injury, including without limitation reasonable attorneys’ fees and costs, you may claim to have or that you may have arising out of actions, omissions, or commissions taken by yourself or by the releasees as a result of advice given or services provided by the releasees, or otherwise resulting from the coaching relationship contemplated herein, to the fullest extent allowed by law. You further declare and represent that no promise, inducement or Agreement not herein expressed has been made to you to enter into this release. The release made pursuant to this paragraph shall bind your heirs, executors, personal representatives, successors, assigns and agents. This obligation shall survive the termination or expiration of this Agreement.