FCN Member Agreement

 

By establishing a membership with FCN and/or purchasing FCN products, you agree to be bound by this Agreement.  This Agreement is made between Financial Coaches Network (FCN) and the Client (defined in section 1). This agreement is intended to outline the responsibilities of the parties with regard to services to be provided by FCN.

 

CLIENT UNDERSTANDS AND AGREES THAT THE FOLLOWING CONTRACT SHALL BECOME IMMEDIATELY EFFECTIVE UPON THE PAYMENT BY CLIENT OF THE REQUIRED FEE (OR COMPLETING CHECKOUT FOR FREE PRODUCTS) FOR ANY FCN PRODUCT. FCN reserves the right to reject or remove any client in FCN’s sole discretion. Client agrees to abide by the terms and conditions of this Agreement, and all other FCN terms and conditions published on it’s website, and client understands changes may be made at the discretion of FCN. FCN shall alert clients of changes to this Agreement.

1. Definitions

Throughout this Agreement, the following terms shall be defined as follows whether said terms are capitalized for not.

 

Product: Products are defined as the physical goods, services, digital resources, processes, technologies, software, or any other intellectual or physical property provided by FCN to Client, prospective clients, or the public.

Transactional Product: FCN Products which are paid for with a single transaction or with a specified number of transactions over a limited time period.

Membership Product: FCN Products which are paid for through an ongoing fee, whether monthly, quarterly, or annually.

Client: The person, persons, or business who establishes membership, purchases, or uses FCN’s products, website, membership platform, technologies, or other paid services.

Checkout: Checkout is defined as what is customarily understood as “checkout” in ecommerce, generally the final stage of the purchase process when the consumer verifies the transaction and immediately after-which the consumers card is charged or other payment happens.

Financial Coaching Client: A person or family which the Client services, coaches, advises, or provides budgeting, debt management, and other financial coaching services or physical goods to; or a prospective person the Client wishes to provide said services or physical goods to; or the general public to which the Client advertises or other promotes to. This is the customer of the Client and the public the Client promotes to.

2. Products Provided

 

In consideration for payment, FCN agrees to provide Client with products designed to educate, guide, and assist Client with the establishment, growth, and operation of a business or service which provides financial coaching to the public. FCN’s products are divided into two categories, (1) Transactional Products and (2) Membership Products.

 

Transaction Products

Transactional Products may include, but are not limited to, training courses, eBooks, coaching or advising sessions, conferences, physical books, professional services, business services, and webinars. Purchase of Transactional Products is final and no refunds are available once the product is delivered to the client. FCN may, at its sole discretion, offer refunds to individuals under extraordinary circumstances. 

 

Membership Products

Membership Products include FCN's Launch business startup service, Grow digital business incubator services, Accelerate digital business accelerator service, or other products developed by FCN and offered on a membership basis.

Upon payment of the first monthly membership fee and until cancellation of the fee, FCN agrees to provide Client with resources and services (and all updates as they become available throughout the term of this Agreement) as outlined on the products page on the FCN website for the specific product the Client purchases. Client understands FCN may, at its sole discretion, update the product offering of any Membership Product with 30-days’ notice to the Client. Although FCN shall make an effort to inform Client’s directly of product updates, the updating of the product page of FCN’s website shall constitute notice.

The Client understands that membership in FCN’s Membership Products is on a month-to-month basis, and may be terminated at any time by the Client with 30 days’ notice or by FCN at any time without cause. Client also understands that the cancellation of payment or nonpayment of the membership fee shall result in the immediate removal of membership and access to FCN’s resources and website.

Client agrees to use FCN’s products solely for the purpose intended by FCN. Client further agrees the posting of any information, ideas, or intellectual property to FCN’s discussion forums, website, or other FCN platform or property shall give FCN a worldwide, royalty-free right to use said posting for its business purposes without limitation.

3. Confidentiality

All information and advice furnished by either FCN or Client to the other, including respective agents and employees, shall be treated as confidential and shall not be disclosed to third parties except as required by law or by regulation, ruling or order issued pursuant to law. With Client’s permission, FCN may share nonpublic personal information to service providers involved with the administration and servicing of the client’s, which may include FCN business partners, strategic alliances, technology vendors, or other outside persons or entities providing services to FCN or its Clients or Client’s attorneys, accountants, auditors, and other professionals.

Client acknowledges and agrees that FCN has developed or acquired certain unique techniques, procedures, sales methods, other business methods and practices, and products, including but not limited to, FCN’s business model, software, training materials, audio and video recordings, promotional materials, logo or name and products, materials and discussions available on FCN’s membership site or internal sites (the Intranet), which are not generally known to the public and are confidential in nature, and which are and will continue to be of great and unique value to FCN.  Client has acquired limited rights to use such confidential information pursuant to the terms of this Agreement and FCN’s other terms and conditions listed on their website. This confidential information shall not include information that (i) is or becomes generally available to the public at large or to other professionals in the same or similar business as FCN other than as a result of disclosure in violation of this Contract, (ii) is available to Client on a non-confidential basis from a source other than FCN, or (iii) was known to Client on a non-confidential basis prior to its disclosure to Client by FCN.

Client agrees that all such confidential information he or she has acquired or will acquire as a result of his or her use of in FCN products will be kept and maintained as confidential, in complete secrecy, except to the limited extent necessary to render advice to coaching clients or as otherwise provided in this Agreement. Client agrees not to copy, duplicate or store on computer files any of the confidential information which may be disclosed to Client and shall not permit any other person to do so, except as expressly allowed under this Agreement or as required by law. The terms of this provision shall survive termination of this Contract.

Documents, templates, articles, advertising, and other resources marked as “for distribution to financial coaching clients” may be used and shared by the Client to their clients, prospects, and public provided the document, template, article, advertising, or other resources are used for their intended purposes and in an unaltered way save for the addition of the Client’s logo, brand name, website, and other contact information.

In the event Client breaches this Confidentiality provision, FCN shall be entitled, in addition to all other remedies available to it at law or in equity, to equitable relief, including specific performance and injunctive relief to enforce and provision hereof and to restrain Client from using or disclosing, in whole or in part, directly or indirectly, any confidential information. Member agrees that, in addition to other costs and damages resulting from a breach of these provisions, he or she shall pay FCN’s attorneys’ fees and expenses.

Upon any termination set forth in this Agreement, Client agrees to immediately cease using and to promptly return to FCN any and all products and materials provided to Client by FCN, including but not limited to software, audio and video recordings, manuals, products and materials obtained from FCN’s Intranet and any other written or electronic materials.  Client agrees to immediately cease the use of any all FCN intellectual property or other intellectual property provided by FCN. In the event Client fails to comply with this provision, FCN shall be entitled to any and all remedies at law or in equity available to it, including but not limited to injunctive relief and indemnification as provided in this Agreement.

4. Services Not Provided

FCN products do not include personal financial planning services for the Client. Excluded services include personal budgeting, investing, retirement planning, tax planning, insurance planning, and other personal finance services.

Client may receive education and other resources on legal risks, accounting, or tax planning, but will not receive legal, accounting, nor tax advice. FCN does not provide tax nor legal advice. We recommend you consult with your tax and/or legal advisor for such guidance.  FCN is not qualified to prepare accounting or legal documents for the implementation of recommendations, which includes but is not limited to legal advice, opinions, determinations, documents, or tax returns and accounting documents.

The Client takes full responsibility on behalf of themselves and their business to ensure the provisions of their legal documents, policies and procedures, accounting documents, or any other document for which FCN has provided a template, are adapted in a manner to apply to the specifics of their business, comply with applicable state and federal laws, and address all areas mandated by the Client’s state or federal regulators.

FCN provides templates and other resources to Clients as nothing more than a guide for assistance in the process of drafting the Client’s own documents.

FCN has only provided templates, and any document is not intended to be the final document. FCN is not to be held liable in the instance that any information therein be deemed insufficient or misleading by the courts or other governmental agencies, auditors, consumers of the Client’s products, or any other third-party associated with the Client. 

FCN assumes no responsibility for assuring that any document is subsequently implemented or adequately monitored, as that is the responsibility of the Client and no representative of FCN shall be present during any legal proceeding, audit or other proceeding or meeting to speak on behalf of the Client regarding the items within these documents.

5. Fees and Termination of Services

Payment of Fees

Fees shall be paid by electronic transfer through a system set up by FCN.

Transactional Product fees are charged in advance of delivery of the product and are nonrefundable. Fees are disclosed to Client on FCN’s product page and at checkout prior to final purchase of the product.

Membership Product fees are charged monthly in advance, or on a schedule determined by FCN and Client at time of product checkout. Fees are disclosed to Client on at checkout prior to final purchase of the product. Service may be terminated with written notice at least 30 calendar days in advance. Since fees are paid and earned within the 30-day cancellation window, no rebate will be needed upon termination of the service.

Annual Fee Adjustment

Membership Product fees are subject to change annually or at the discretion of FCN. Client understands and agrees that Membership Product fees shall automatically adjust for inflation and increase at an annual rate of 3% to pay for increasing costs associated with providing FCN products. Fees shall adjust in January for all clients and shall adjust regardless of the length the Client’s membership.

When additional fees adjustments are implemented for Membership Products, the Client shall be informed of the adjustment and the rationale for the adjustment at least 30-days prior to the change in fees. The Client continuing their use of the product or payment for the product 30-days after the fee adjustment shall constitute an agreement to the increasing fee.

6. Modifications & Assignment

This agreement may be modified only by a written agreement signed by both parties. This agreement shall be in force until Client or FCN cancels the engagement in the manner outlined in this Agreement or until the completion of the work agreed upon in this Agreement. This Agreement is not assignable by the Client without the advance written consent of FCN.

7. Arbitration

Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration, in accordance with the commercial arbitration rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

ARBITRATION OPT OUT:

You may opt out of arbitration by sending a letter, within 60 days of signing this contract, clearly stating your desire to opt out of binding arbitration and including your name, address, and phone number to:

Financial Coaches Network

Arbitration Opt Out

P.O. Box 9528

Alta Loma, CA 91701

8. Indemnification

Client agrees to full cooperation to supply FCN with complete, truthful and timely information when necessary for FCN to provide its Product to Client and Client agrees they are solely responsible for the implementation of FCN Products including seeking appropriate legal, tax, and other professional advice in implementation. Client agrees to indemnify and hold harmless FCN, its owners, officers, directors, employees, agents, successors and assigns (collectively “FCN Indemnified Parties”) from any and all liability that may be incurred by FCN as a result of its providing advice, management services, templates, education, or other FCN Products to Client pursuant to the terms of the agreement and shall reimburse FCN for reasonable attorney’s fees or costs resulting from any claim or litigation.

Client  agrees to indemnify and hold harmless FCN Indemnified Parties from and against any and all claims, demands, judgments, orders, losses, damages, costs, charges, liens, debts, fines, or penalties, including attorneys’ fees and consultant fees, arising from or relating to a breach of any of the provisions of this Agreement by Member, or Client’s use of FCN Products; provided the indemnified actions do not constitute gross negligence, willful misconduct or material breach of the Agreement on the part of FCN.  The terms of this provision shall survive termination of this Agreement.

Client agrees to indemnify and hold harmless the FCN Indemnified Parties from and against any and all claims, demands, judgments, orders, losses, damages, costs, charges, liens, debts, fines, or penalties, including attorneys’ fees and consultant fees, arising from or relating to the Client’s service work to or other interaction or communications with Financial Coaching Clients. Client’s businesses and services are entirely independent of FCN and any claims arising from their actions as coaches are not the responsibility of FCN and Client indemnify FCN against any costs arising from legal actions they incur for themselves.

9. Governing Law

This agreement shall be governed by the laws of California without regard to conflict of law principles. This agreement contains all the understanding of the parties as to this agreement. The sole place of venue for any lawsuit or legal action arising from this agreement shall be San Bernardino County, California. For purposes of any action brought as a result of this Agreement, the Clients use of FCN Products, or any other action between the parties, the parties hereby consent to, submit to the personal jurisdiction of and waive any objection to, the exclusive jurisdiction of state court in San Bernardino County, California, and the United States District Court for the District of California. The parties further consent to and waive any objection that venue of any action brought as a result of this Agreement or the Clients use of FCN Products is proper in the above jurisdictions.

10. Additional Contracted Products

FCN may provide additional Products to clients under a separate agreement and fee and may provide these Products through contracted third-parties. In the event of ambiguity or conflict between this agreement and the separately contracted product agreement, the parties agree that any such ambiguities or conflicts shall be interpreted in FCN’s favor.

11. Miscellaneous

  1. Headings are given to the Sections and subsections of the Agreement solely as a convenience to facilitate reference.
  2. Such headings shall not be deemed in any way material or relevant to the construction or interpretation of the Agreement or any provision thereof.
  3. No change or modification of this Agreement shall be valid or binding upon the parties unless the change or modification is in writing and signed by the parties. Notwithstanding the preceding sentence, FCN may amend the Agreement to the extent permitted by the Agreement.
  4. The parties acknowledge that this Agreement sets forth the entire understanding and agreement of the parties and supersedes all previous understandings, discussions, or negotiations between the parties, written or oral, regarding the Agreement or FCN Products. Client acknowledges and certifies that Client has carefully read and understands this Agreement and Client has had the opportunity to have the agreement reviewed by legal counsel and negotiate the terms of the Agreement.
  5. If one or more of the provisions of this Contract shall be held invalid, illegal or unenforceable, the remaining provisions shall not in any way be affected or impaired thereby. In the event any provision is held illegal or unenforceable, the parties shall use reasonable efforts to substitute a valid, legal or enforceable provision which, insofar as is practical, implements the purposes of the provision held invalid, illegal and unenforceable.
  6. Failure at any time to require performance of any of the provisions herein shall not waive or diminish a party’s right thereafter to demand compliance therewith or with any other provision. Waiver of any default shall not waive any other default.  A party shall not be deemed to have waived any rights hereunder unless such waiver is in writing and signed by a duly authorized officer of the party making such waiver.
  7. To the maximum extent permitted by applicable law, in no event shall FCN be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption or loss of business information) arising out of this Agreement of Client’s use of FCN Products, including, but not limited to, the use of or inability to use the Products, even if FCN has been advised of the possibility of such damages.
  8. Any notice, request, instruction, or other document to be given hereunder shall be in writing and delivered personally or sent by first class mail, postage prepaid, addressed, if to FCN, to the following:

Financial Coaching Network
P.O. Box 9528
Alta Loma, CA, 91701 

And, if to the Client, to the address listed when purchasing FCN Products.