Services Agreement
1 THE PARTIES
1.1 This Services Agreement (“Agreement”) is entered into as of the date the Client completes an online booking for a coaching session (the “Effective Date”), between the following parties:
a Client: The individual booking the coaching session, either:
i The player participating in the session (“Player”), provided the Player is aged 18 or over, or
ii The adult who is booking the session on behalf of the Player(s), with explicit permission to act on their behalf (“Booking Adult”).
b Coach: Danny Kane, trading as DK Football Coaching (“Coach”).
1.2 The Player or the Booking Adult (depending on who made the booking) is referred to as the "Client" in this Agreement. The Client and the Coach are individually referred to as a "Party" and collectively as the "Parties". The Parties agree to the following terms and conditions.
2 SERVICES
2.1 The Coach agrees to provide personalised football coaching services to improve the skills, tactics, fitness, and mental approach to the game of the Player(s). These services are collectively referred to as the “Services”.
2.2 Each Player may specify the areas of training to focus on during the coaching session (“Session”) to accomplish their goals. If the booking is made by the Booking Adult, they will be responsible for ensuring that the preferences and needs of the Player(s) are communicated to the Coach, whether for a single Player or multiple Players in the Session.
3 BOOKING POLICY
3.1 If the Player is aged 18 or over, the Player must book the session on their own behalf and assumes full responsibility for their involvement in the Session.
3.2 If the Player(s) is/are under the age of 18, the booking must be made by an adult with the authority to act on their behalf ("Booking Adult"). The Booking Adult assumes full responsibility for the Player(s)’ participation in the Session, including ensuring that the Player(s) are physically, mentally, and emotionally prepared for the activities involved, whether the booking is for a single Player or multiple Players.
4 DURATION
4.1 The Services provided by the Coach will last for a period of 60 minutes per Session, unless otherwise stated at the time of completing an online booking for a Session.
5 FEE
5.1 The Client agrees to pay the Coach a fee ("Fee") for the Session.
5.2 The Fee for the Session will be specified at the time of completing an online booking.
5.3 The full Fee amount is due and must be paid in full at the time the online booking is completed.
5.4 Payment for the Session must be made via debit or credit card through the secure payment form provided during the online booking process.
6 SESSION TIMES
6.1 The Session must be booked using the online scheduling tool (“Scheduler”), accessible through the website www.dkfootballcoaching.co.nz (“the Website”).
6.2 The Coach is not obligated to provide Services outside of the available time slots listed on the Scheduler.
7 TERM
7.1 This Agreement will commence on the date the Client completes an online booking for a Session.
7.2 An online booking for a coaching session is deemed to be complete when the Client completes the online booking process via the Scheduler and receives a booking confirmation email.
7.3 This Agreement will terminate upon the completion of the Session scheduled at the time of booking.
7.4 The period between the start and end of the Agreement is referred to as the “Term”.
8 LOCATION
8.1 The location for a Session will be indicated in the Scheduler at the time of booking and confirmed in the booking confirmation email.
8.2 The Coach is not obligated to provide Services at any location other than the one specified for the Session at the time of booking.
9 LATE POLICY
9.1 Single Player Late Policy
If the Player is late by more than 15 minutes, the Session will be considered forfeited, and no rescheduling will be permitted. No refund, partial or full, will be issued if the Player is late by more than 15 minutes. In this case, the full Fee for the Session is forfeited.
9.2 Multiple Players Late Policy
If multiple Players are scheduled for the Session and one or more are late by more than 15 minutes, the late Player(s) will forfeit their portion of the Session, and no rescheduling will be permitted for them. No refund, partial or full, will be issued for the late Player(s). If at least one Player arrives on time, the Coach is entitled to begin the Session with the on-time Player(s), and the late Player(s) will miss out on the session time.
10 RESCHEDULE POLICY
10.1 The Client may reschedule a Session at least 12 hours before the scheduled start time.
10.2 Rescheduling of a Session must be performed via the Scheduler by clicking the reschedule link provided in the booking confirmation email and completing the reschedule process.
10.3 Rescheduling is not permitted less than 12 hours before the scheduled start time. If rescheduling is not permitted, the Client must cancel the Session and forfeit the full Fee for that Session.
11 CANCELLATION POLICY
11.1 The Client may cancel a Session at least 12 hours before the scheduled start time.
11.2 Cancellations must be made via the Scheduler by clicking the cancellation link in the booking confirmation email and completing the cancellation process.
11.3 If a Session is cancelled at least 12 hours before the scheduled start time, the Client will receive a full refund of the Fee paid for that Session.
11.4 If a Session is cancelled less than 12 hours before the scheduled start time, the Client will forfeit the full Fee, and no refund will be issued.
12 REFUND POLICY FOR EXCEPTIONAL CIRCUMSTANCES
12.1 In exceptional circumstances (e.g., illness, weather-related issues), the Coach may, at their discretion, offer a refund or reschedule the Session for the Client. This is at the sole discretion of the Coach, and no such refund is required under normal circumstances.
13 FORCE MAJEURE
13.1 Neither Party shall be liable for any failure to perform its obligations under this Agreement if such failure is caused by an event of force majeure, including but not limited to acts of God, government restrictions, pandemics, weather conditions, or any other event beyond the reasonable control of the Parties. In such cases, the affected Party shall notify the other Party as soon as possible and reschedule the affected Session.
14 MULTI SESSION PACKAGES
14.1 If the Client purchases a multi-session package ("Package") through the Scheduler, they will receive a voucher entitling them to book either 4 or 6 Sessions with the Coach. The number of Sessions and the type of training will be clearly outlined at the time of purchase.
14.2 All Packages are non-refundable and cannot be returned, refunded, or exchanged for cash or credit, either in full or in part, under any circumstances.
14.3 The Package and its associated voucher must be used within 12 months from the date of purchase. Any unused Sessions after 12 months will expire, with no refund or extension offered.
14.4 The voucher is valid only for the type of training specified at the time of purchase (e.g., 1:1 Coaching Sessions). The Client is responsible for ensuring they schedule Sessions that match the type of Package purchased.
14.5 Once a Session is booked using the voucher, the Client agrees to comply with the Late Policy, Reschedule Policy, and Cancellation Policy for individual Sessions.
14.6 The Package and its associated voucher are non-transferable and can only be used by the individual to whom the voucher was issued. The voucher cannot be sold, assigned, or transferred to any other person.
15 LIABILITY
15.1 The Client acknowledges and agrees to the following:
a Physical Condition: The Player(s) are in adequate physical condition to participate in the Session, and the Client confirms that the Player(s) are not subject to any condition or injury that would preclude participation. The Client understands that it is their responsibility to inform the Coach of any pre-existing medical conditions, injuries, or physical limitations before the Session.
b Assumption of Risk: The Client acknowledges and assumes all risks associated with the Player(s)’ participation in the Session, including, but not limited to, physical injury, strain, or accident, whether arising from the Player(s)’ actions, instructions given by the Coach, or any other aspect of the Session. The Client acknowledges that football is a physically demanding sport, and such risks are inherent in the nature of the activity. The Client accepts the assumption of risk for all Players involved in the Session.
c Reporting Discomfort: The Client agrees to promptly notify the Coach if the Player(s) experience any discomfort, distress, injury, or concerns during the Session. The Player(s) may, at any time during the Session, stop participating if they feel any pain, discomfort, or injury. The Client also agrees that the Coach has the right to terminate the Session if the Coach believes any Player is at risk of injury.
d Indemnification: The Client agrees to indemnify, defend, and hold harmless the Coach, their employer, affiliates, agents, contractors, and any other related entities or individuals from any and all claims, damages, liabilities, or costs, including legal fees, arising from any injuries, accidents, or other consequences related to the Player(s)’ participation in the Session. This includes, but is not limited to, any injury or harm resulting from the Player(s)’ participation, negligence, or failure to follow instructions.
e Responsibility: The Client assumes full responsibility for the Player(s)’ participation in the Session, including ensuring that the Player(s) are physically, mentally, and emotionally prepared for the activities involved and follow all necessary safety guidelines during the Session. If there are multiple Players, the Client is responsible for ensuring all Players are ready for the Session and that the activities are appropriate for each individual Player.
16 MEDICAL CLEARANCE
16.1 The Client agrees to disclose any medical conditions that may affect the Player(s)' participation in the Session. The Client warrants that the Player(s) has/have received medical clearance from a qualified healthcare professional to engage in physical activity. The Coach may request a medical clearance certificate for any or all of the Player(s) if deemed necessary.
17 DISCLOSURE
17.1 The Coach is not a licensed physician and does not offer medical advice. Any advice provided is based on general knowledge in the public domain and should not be considered as a substitute for professional medical guidance.
18 INDEPENDENCE FROM FOOTBALL CLUBS
18.1 The Coach operates DK Football Coaching independently from any football club or team. Services are not offered in partnership with any club or team, unless specified at the time of booking. The Coach provides personalised coaching for individuals or small groups, which may not be available through clubs. Any coaching provided is intended to supplement, not replace, club or team training.
19 NO WARRANTY
19.1 The Coach makes no guarantee or warranty regarding the improvement or results of any aspect of a Player's performance, including but not limited to physical fitness, skills, or overall development, as a result of the coaching provided. The Client understands that any improvement in a Player's performance is contingent upon the Player's effort, commitment, and other personal factors. While the Coach will apply reasonable efforts, expertise, and industry-standard practices to provide a high-quality coaching experience, no specific outcomes are guaranteed. All services provided by the Coach are on an "as-is" basis.
20 CONFIDENTIALITY
20.1 The Coach agrees to maintain the confidentiality of any personal, medical, or sensitive information shared by the Client and/or Player(s) during the coaching sessions. This information will not be disclosed to third parties without the Client’s explicit consent, except as required by law.
21 INTELLECTUAL PROPERTY
21.1 All intellectual property, including but not limited to training materials, videos, and strategies provided during the Session, remains the exclusive property of the Coach. The Client and/or Player(s) agree not to use, reproduce, or distribute any such materials for commercial purposes without the Coach’s prior written consent.
22 PHOTOGRAPHY AND MEDIA RELEASE
22.1 The Client grants permission for the Coach to take photographs or videos during the Session for promotional purposes. These materials may be used on the Coach’s website, social media, or other marketing platforms. If the Client does not wish for any of the Player(s) to be featured in such materials, they must notify the Coach in writing prior to the Session.
22.2 If the Player(s) is/are under the age of 18, written permission will be obtained from the Booking Adult before using for promotional purposes any photographs or videos in which the Player(s) is/are identifiable (i.e., where they can be recognized based on facial appearance). Photographs or videos where the Player(s) is/are not clearly visible or identifiable (e.g., when not facing the camera) do not require such permission.
23 RIGHT TO REFUSE SERVICE
23.1 The Coach reserves the right to refuse, suspend, or terminate a Session if any Player(s) engage in inappropriate behaviour, refuse to follow instructions, or disrupt the session in any way. In such cases, no refund will be issued for the affected Session.
24 GOVERNING LAW AND DISPUTE RESOLUTION
24.1 This Agreement is governed by and construed in accordance with the laws of New Zealand.
24.2 In the event of a dispute arising from this Agreement, the Parties agree to first attempt to resolve the issue through informal negotiation. If the dispute cannot be resolved within 30 days, the Parties agree to mediate the issue with a mutually agreed-upon mediator before seeking further legal action.
24.3 Any disputes that cannot be resolved through negotiation or mediation will be subject to the exclusive jurisdiction of the courts in the location where the Coach operates.
25 SEVERABILITY
25.1 If any provision of this Agreement is found to be invalid or unenforceable, the remainder of the Agreement will remain in effect, and the invalid provision will be enforced to the maximum extent permitted by law.
26 ENTIRE AGREEMENT
26.1 This Agreement constitutes the entire agreement between the Parties regarding its subject matter, including any attachments or addendums. It supersedes any prior discussions, understandings, or agreements, whether written or oral. The Client and Coach agree to be bound by the terms of this Agreement, which will remain in effect unless it is terminated or modified in writing by both Parties.