This Agreement constitutes a legal agreement between you (“Coach” or “You”) and Ultimate Sports Hub Limited, (“USH” or “CoachUs”).
USH is the developer of the website and provider of the CoachUs Services. The website enables a person sign up as a user to sports coaching services from sports coaches who have executed this Agreement and are registered on our website.
CoachUs does not provide sports coaching service and is not a coach.
You are an independent contractor in the business of providing sports coaching services, which business you are authorized to conduct in the state(s) and jurisdiction(s) in which you operate. As used herein, “You” and “Coach” shall include your employees, subcontractors, agents and representatives, all of which shall be bound by the terms of this Agreement. You desire to enter into this Agreement for the purpose of accessing and using the CoachUs Services and Website to increase your coaching business.
In order to use the CoachUs Services and the associated website, you must agree to the terms and conditions that are set out below. Upon Your electronic execution of this Agreement, You and USH shall be bounded by the terms and conditions set forth herein.
Once there is a new booking from student, CoachUs would notify the Coach via email. The information would include the booking time and date, the location, the number of students and the types of sport. The coach has to confirm the booking on the website within 2 days before student proceeds to payment. CoachUs encourages Coach to confirm client booking within 24 hours, and can negotiate with students for any change in time, date and location on the website.
If a student cancels a booked lesson more than 24 hours before the date of lesson, there will be no charge for them. If a student cancels a booked lesson less than 24 hours before the date of lesson, coach can receive full amount of fee net of the service fee.
The coaches are highly encouraged to notify client 24 hours before the booked lesson time about change in time and date or cancellation of the booked lesson. If the cancellation is made less than 24 hours before the booked lesson time, CoachUs reserve the right to collect a late charge from the coach if no legitimate reason is provided. (Amount is equivalent to 50% of the lesson fee).
The coaches are encouraged to arrive the training location 10 minutes in advance. If a coach does not show up / late for more than 15 minutes in a booked lesson, the coach would not receive any fee from the booked lesson. If lateness is caused by special reason, coach should communicate with client in advance. After the lesson, the coach can report to CoachUs about the situation. CoachUs reserves the right not to pay to the coach in case of lateness / no show.
Coaches are highly recommended to mark and update the schedule on the website frequently. Coach may decline lesson booking. However, it should be noted that this may affect the coach’s ranking on the web and the priority of new business opportunity.
Clients / Students can review coach through the website after their first lesson. In case of any unfavorable review, CoachUs will investigate the case and try the best to resolve the conflict. Before any final result is released, the review will be on hold. If a coach is dissatisfied with a certain review, he /she can report to our staff for investigation.
On CoachUs website there is a question and answer function where client and coach can communicate about lesson time and date, location and any details regarding the lessons. Coaches are highly encouraged to reply the question within 24 hours.
CoachUs has the right to introduce other coaches to the client if a coach fails to reply to the client / reply to client late.
The coach will be charged a listing fee of using CoachUs service and website. The details of the plan are included in attached document.
Payment to the coach shall be made by transfer to coach’s bank account on or before 7th of each month. Coach is responsible for ensuring that CoachUs has the up-to-date bank details.
The relationship between the Parties is solely that of independent contracting parties. The parties expressly agree that this Agreement is not an employment agreement or employment relationship. The parties further agree that no employment contract is created between CoachUs and the coaches.
In no event shall CoachUs’ aggregate liability exceed the fees actually paid by and/or due from the coaches in the six-month period immediately preceding the event giving rise to such claim. In no event shall CoachUs be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including personal injury, loss of data, revenue, profits, use of other economic advantage). CoachUs shall not be liable for any loss, damage or injury which may be incurred by the coaches, including but not limited to loss, damage or injury arising out of, or in any way connected with the CoachUs service or software, including but not limited to the use or inability to use the CoachUs service or software.
This Agreement shall commence on the date this Agreement is accepted, for an indefinite period of time, unless terminated by either party by written notice with due observance of a notice period of fourteen (14) calendar days. CoachUs may terminate this Agreement automatically, without any notice requirement, at such moment when the coaches are no longer qualifies, under the applicable law or the quality standards of CoachUs, to provide the Coaching Service to operate the clients.
Each party may terminate this Agreement or suspend the Agreement in respect of the other party, with immediate effect and without a notice of default being required in case of:
(a) a material breach by the other party of any term of the Agreement (including but not limited to breach of representations or receipt of a significant number of complaints); or
(b) insolvency or bankruptcy of the other party, or upon the other party’s filing or submission of request for suspension of payment (or similar action or event) against the terminating party.
For a period of one year following termination of the contract, the Coach shall not either directly or indirectly disclose to any entity the names or addresses or any other information pertaining to any of USH’s customers. The Coach further agrees not to call on, solicit, or take away any of USH’s customers on whom he or she became acquainted during his or her cooperation with USH.
Parties understand and agree that in the performance of this Agreement, each party may have access to or may be exposed to, directly or indirectly, confidential information of the other party (the "Confidential Information"). Confidential Information includes Data, transaction volume, marketing and business plans, business, financial, technical, operational and such other non-public information that either a disclosing party designates as being private or confidential or of which a receiving party should reasonably know that it should be treated as private and confidential.
Each party agrees that: (a) all Confidential Information shall remain the exclusive property of the disclosing party and receiving party shall not use any Confidential Information for any purpose except in furtherance of this Agreement; (b) it shall maintain, and shall use prudent methods to cause its employees, officers, representatives, contracting parties and agents (the "Permitted Persons") to maintain, the confidentiality and secrecy of the Confidential Information; (c) it shall disclose Confidential Information only to those Permitted Persons who need to know such information in furtherance of this Agreement; (d) it shall not, and shall use prudent methods to ensure that the Permitted Persons do not, copy, publish, disclose to others or use (other than pursuant to the terms hereof) the Confidential Information; and (e) it shall return or destroy all ((hard and soft) copies of) Confidential Information upon written request of the other party.