Talent Terms

Please read these terms and conditions carefully as they impose rules, obligations, and other responsibilities on you in respect of the use of Coach Link Services. We encourage you to print and/or store a copy of these terms.

IMPORTANT: YOU ACKNOWLEDGE THAT COACH LINK IS A SOCIAL PLATFORM THAT AIMS TO PROVIDE A SAFE AND POSITIVE USER EXPERIENCE. COACH LINK WILL NOT TOLERATE ANTI-SOCIAL OR INAPPROPRIATE BEHAVIOUR AND WILL TAKE APPROPRIATE ACTION IF AN OFFENSIVE VIDEO IS RECORDED, WHICH MAY INCLUDE BUT IS NOT LIMITED TO PERMANENT REMOVAL FROM THE PLATFORM.

1. Welcome to Coach Link

a. The Talent of Use (“Talent”) is a contract between you (“You” or “Your”) and Coach Link Limited (“Coach Link”, “We”, “Us” or “Our”), each referred to as a "party." These Terms apply to your use of our Services as a Talent. Any use by You of our Website other than as a Talent will be governed by the User Terms.

b. By accepting these Talent Terms, you agree to comply with them and also agree to comply with our Privacy Policy, which can be found on our Website. Our Privacy Policy explains how we collect, use, and share the information we collect.

2. Changes to Terms

a. Coach Link may amend these Talent Terms from time to time, such as if we introduce new Services, change functionality, or as required by law. If Coach Link makes any changes to these Terms, we will notify you via email or through the Coach Link App. Unless the change is material, the revised Talent Terms will become effective 30 days after notice, or when you consent to the change or accept a new Request, whichever occurs first. The revised Terms will not apply to any Requests already accepted prior to notification by Coach Link. If any changes materially affect the existing Talent Terms, we will obtain your express consent, and the changes will take effect when you consent.

3. Our Relationship

a. Our Services allow Users to connect with Talents via our Website. By completing a Coach Link Application Form and accepting these Talent Terms, you are applying to be a Talent on our Website. Your acceptance as a Talent will be subject to Coach Link’s approval, at its sole discretion.

b. If these Talent Terms are accepted on behalf of the Talent named in the Coach Link Application Form (e.g., by an agent, manager, or other representative), the Talent warrants that the person accepting the Terms is authorized to do so on behalf of the Talent and is empowered to bind the Talent to these Terms.

c. Acceptance of these Talent Terms creates an independent contractor relationship between you and Coach Link, and you acknowledge that nothing in this Agreement creates any other relationship (e.g., as an employee, partner, or agent) between you and Coach Link.

d. The relationship between you and Coach Link is non-exclusive, meaning you can provide similar services to third parties, and we can engage third parties (including other Talents) to provide similar services under these Terms.

e. Coach Link retains full ownership and control over its Website and Services, and may make changes to the Website or Services (including introducing new services or features) or conduct maintenance at any time, at its sole discretion.

4. Your Obligations

a. You confirm that you are at least 18 years old, or you are entering these Talent Terms with the consent and supervision of your legal parent or guardian.

b. When registering with Coach Link, you must provide accurate, current, and complete information. If your information changes, please notify us.

c. If a User makes a Request for the agreed services from you, you agree to either:

i. Accept such Request and complete the service as agreed; or

ii. Decline such Request at your discretion by notifying the User through the Coach Link platform.

We kindly request that you fulfill your obligations under this clause as soon as reasonably possible.

d. If you fail to accept or decline a Request, Coach Link may, at its discretion, allow the Request to expire after review. In this case, the Request cannot be fulfilled, and the User will receive a refund. No payment will be made to you for declined or expired Requests.

e. If you are provided with Coach Link account details, you are responsible for maintaining the security of these details. We will not be liable for unauthorized access or use of your Coach Link account unless we fail to take reasonable steps to prevent such access. If you detect any unauthorized access or use, please contact us immediately.

f. Before being listed as a Talent on the Website, you must provide Coach Link with the following marketing materials at no cost:

i. Your full name;

ii. A high-resolution image of yourself;

iii. A welcome video of approximately 15-30 seconds announcing your joining Coach Link;

iv. A brief personal bio; and

v. Any other marketing material you agree to provide.

Coach Link may publish these marketing materials on its Website and social media channels and may publicize your participation as a Talent in press releases or otherwise. You acknowledge that all marketing materials will be subject to approval by Coach Link before publishing. You may update the materials by notifying Coach Link in writing or via the app. Coach Link will make efforts to update materials as soon as reasonably practicable.

g. You may not represent yourself as an ambassador, affiliate, or representative of any Charity Partner.

h. If you participate in additional Services offered by Coach Link, the associated obligations and details, including payment, will be communicated to you in writing. You agree that any such Services provided will not be offensive.

5. Service Rules

a. When Coach Link receives a Request, we will send it to you to accept or decline. Coach Link reserves the right to cancel the Request (and refund the User) before you provide the service for any reason, including if the Request may lead to an inappropriate or offensive service, seems suspicious, or presents safety concerns.

b. If you accept a Request, you agree to provide the service as per the User's instructions provided by Coach Link. You must ensure the service is not offensive and adheres to the agreed-upon guidelines.

c. The duration of each service is agreed upon between you and the User during the messaging process. Both parties must agree on the duration, and you must ensure that the service is provided within the agreed timeframe and meets quality expectations.

d. Both you and the User must be clear about the requirements during the messaging process to ensure all expectations are aligned. The service content will generally follow the instructions given by the User, and you have discretion over the service specifics.

e. If you complete a service but the User is dissatisfied, Coach Link will review the service. If Coach Link finds that the general instructions of the User were not followed adequately, we may choose to:

Request that the service be redone for the User; or
Issue a full or partial refund to the User.

This may result in no or partial payment to you, but we will discuss the issue with both you and Coach Link to reach an agreement.

f. If the User requests that the service remain private, you must obtain written consent from Coach Link before sharing or promoting the service externally.

g. Services must fulfill the requested purpose and not be used for promoting your own goods or services.

h. Services must meet Coach Link’s quality standards, and you must ensure professional delivery.

i. You must only communicate in English unless otherwise agreed with the User.

j. Coach Link will attempt to verify the identity of representatives from clubs, schools, businesses, or organizations making Requests, but we cannot guarantee verification accuracy.

k. Coach Link strives to ensure Users adhere to the User Terms but cannot guarantee compliance. Coach Link does not take responsibility for User breaches of these Terms.

l. Coach Link does not guarantee the identity of any User who submits a Request.

6. Fees and Payment

a. You set the price for services based on the User’s selection, with a minimum standard price for booking your services. You must clearly communicate what this standard price covers. For additional services beyond the standard, you may charge extra fees. Pricing details, including the standard price and any additional costs, can be discussed during the messaging process. Once the price is agreed, the final confirmation will be sent to the User through the Coach Link platform. When the User accepts, both parties must honor the agreement.

b. For each completed service, Coach Link will pay you 80% of the price for coaching, guest engagement, and podcast services, with 20% allocated to Coach Link’s operational costs. For promotional services, fees will be quoted on a case-by-case basis. You may choose not to charge a User or forgo payment, but must notify Coach Link. No payment will be made for declined or expired requests or refunded services (see clause 5 for details on refunds).

d. You are responsible for all third-party fees or payments related to your work as a Talent.

e. All fees earned will be shown in the Coach Link platform, and you can withdraw funds at any time.

f. Payments due to you will be transferred by bank transfer in New Zealand dollars (NZD) to the bank account you provide. It is your responsibility to ensure your bank details are correct. For security reasons, change your password regularly and withdraw funds to avoid large balances. You are responsible for securing your login details.

g. If Coach Link suspects fraud or suspicious activity, we may delay or withhold payments associated with such activity.

7. Tax & GST

a. Coach Link does not provide accounting or tax advice. You are solely responsible for ensuring compliance with New Zealand tax laws. We recommend consulting a tax professional regarding your obligations.

c. Coach Link may withhold tax in certain circumstances, such as if you don’t provide a valid New Zealand Business Number (NZBN).

d. Unless stated otherwise, all amounts are exclusive of Goods and Services Tax (GST) under New Zealand tax law.

e. The recipient of any taxable supply must pay GST in addition to the fees required under these terms.

f. Reimbursements or indemnities will be reduced by any GST input tax credits.

g. By accepting these terms, you agree to the Recipient Created Tax Invoice Agreement. Coach Link will issue tax invoices for fees earned.

h. Terms related to tax have the meanings defined in the Goods and Services Tax Act 1985.

8. Talent Content and Licenses

a. By providing content via our platform (including coaching, guest engagements, podcasts, etc.), you grant Coach Link a worldwide, royalty-
free, non-exclusive license to use, modify, and display your content to promote our website and services. We may also use your content on Coach Link’s social media platforms.

b. You grant Users and intended recipients of your services a non-
exclusive, royalty-free, worldwide license to use and share your content as per the Coach Link User Terms.

c. All content you upload is subject to Coach Link’s approval, and we may
remove or refuse to publish any content at our discretion.

d. You agree to assist Coach Link in removing any content from third-
party platforms if it breaches the Coach Link User Terms.

e. Any content you upload is non-confidential, and you should avoid including sensitive information.

f. You confirm that:

i. You own the rights to your content;
ii. You’ve paid any fees related to it;
iii. Your content does not infringe third-party rights;
iv. Your content complies with laws;
v. You won’t disparage Coach Link;
vi. Your content won’t be offensive or violate third-party agreements.

g. You acknowledge that you don’t own Coach Link’s website or its content, including trademarks.

9. Confidentiality

a. Both parties agree to use the other party’s confidential information solely for the purpose of fulfilling the obligations outlined in these Talent Terms and shall safeguard that information with the same level of care as they would their own confidential information. Coach Link’s confidential information includes the terms of this Agreement, including any completed Coach Link Application Form.

b. If either party becomes aware of a breach of confidentiality, it must: i. Notify the other party as soon as possible after becoming aware of the breach; and ii. Provide reasonable assistance or information requested by the other party to minimize any resulting loss or damage.

c. Either party may disclose confidential information if required or authorized by law to do so.

d. The confidentiality obligations in this clause will not apply to any information that: i. Is publicly known; ii. Is disclosed to the other party without restriction by a third party who did not breach confidentiality; or iii. Was independently developed by the other party without reference to the confidential information provided under this Agreement.

10. Cancellation and Unavailability

a. You may stop being available for Requests at any time by notifying Coach Link at tommy@coachlink.co.nz or updating your status via the app. Coach Link reserves the right to remove you as a Talent for any reason, at its sole discretion, and will notify you in writing.

b. In such cases, Coach Link will promptly update the Website to ensure Users cannot submit new Requests or see you listed as a Talent. Coach Link may also refund Users who have pre-booked services, and you will not be entitled to any Fee for these Requests.

c. If you stop being a Coach Link Talent, Coach Link will, upon your request, remove all content related to you from the Website as soon as possible and cease any new public use of your Talent Content. However, you acknowledge that existing content may still be publicly accessible, and Coach Link is under no obligation to remove or restrict its use.

d. If you wish to be temporarily unavailable, you can notify Coach Link at tommy@coachlink.co.nz or adjust your availability status within the app. Coach Link may also temporarily list you as unavailable at its discretion, notifying you in writing. During this time, Users will be unable to submit new Requests until you either notify Coach Link that you are available or Coach Link reinstates your availability. Coach Link may refund Users with confirmed bookings, and you will not be entitled to any Fee for these
Requests. You may still be featured on the Website as a Talent during this
period.

e. Coach Link may consider several factors, including but not limited to demand from Users, reviews, time taken to complete Requests, or any unrelated incidents (e.g., legal matters, allegations, suspensions, inappropriate behavior, etc.) when determining whether to temporarily list a Talent as unavailable or remove them from the Website.

12. General Provisions

a. Currency – All amounts mentioned in these Terms and any payments made will be in New Zealand dollars (NZD).

b. Disputes – We will address any complaints raised by Users regarding the Services. If you have a complaint, please contact us immediately, and we will make reasonable efforts to resolve it with you. We may request additional information to assist in resolving the issue. If the dispute cannot be resolved, you may pursue your rights under New Zealand law.

c. Notices – Any notice served under these Terms must be in writing, in English, and sent to the recipient at their designated address, phone number (if using SMS or WhatsApp), Instagram account, or email, as provided by the recipient.

d. Governing Law – This Agreement is governed by the laws of New Zealand. Both parties submit to the non-exclusive jurisdiction of the courts in New Zealand.

e. Further Assurances – Each party agrees to perform any necessary actions and sign further documents to fully enforce this Agreement.

f. Entire Agreement – These Terms replace any previous contracts between the parties related to the use of our Services as a Talent.

g. Severability – If any part of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect.

h. Assignment – You may not transfer or assign any of your rights under these Terms without our prior written consent, which will not be unreasonably withheld. We may transfer or assign these Terms and our rights to a third party, notifying you in advance of any such change.

i. Waiver – A failure or delay in exercising any right, power, or remedy under these Terms does not constitute a waiver. A partial or single exercise of any right does not preclude further exercises of that or any other right. A waiver is only valid if made in writing.

Definitions

Completed Services refers to services that you agreed to and confirmed in the booking process and have fully completed and delivered to the User. This does not include services where the User requests a refund, which is approved by Coach Link.

Fee is the amount paid by Coach Link to you, as outlined in clause 6.

GST refers to the goods and services tax as defined in the Goods and Services Tax Act 1985, or any similar tax imposed in New Zealand.

GST Law refers to the Goods and Services Tax Act 1985, the Tax Administration Act 1994, and any regulations made pursuant to these Acts, or any future laws or regulations relating to GST.

Marketing Materials refers to the marketing materials specified in clause 4.

Offensive refers to any services or content that is unlawful, hateful, discriminatory, defamatory, abusive, threatening, harmful, racist, inappropriate, violent, sexually explicit, drug or alcohol-related, or that features individuals under the influence of substances. This applies to all forms of content shared through Coach Link’s services, including videos, images, messages, etc.

Price refers to the cost of services provided by you.

Services includes the Website, app, or other platforms operated by Coach Link, allowing Talents to connect with Users via personalized video messages or other services offered by Coach Link from time to time.

Talent or Talents refers to any celebrity, current or past athlete, influencer, or individual using the Services to connect with Users.

Talent Content refers to the content related to you as described in clause 8.

Coach Link Application Form refers to the form completed by the Talent upon signing up with Coach Link.

User or Users refers to individuals representing schools, businesses, clubs, or other organizations using the Services to connect with a Talent.

User Terms are the terms governing User use, which are available on the Website.

Website refers to www.coachlink.co.nz and any other website or app operated by Coach Link.