THIS ONLINE AGREEMENT
Parties
(1) RightTrack Sports Consultancy Ltd (10463092) of 10 Bolt Court, London, EC4A 3DA (RightTrack).
(2) You (Client/You).
Agreed terms
1. Purpose
1.1 This is an agreement between you, who is under 18 years of age and RightTrack, where RightTrack will provide guidance for you to becoming a student-athlete under the NCAA rules.
Please note the details of the Service and Fees agreed set in Schedule 1. Also particularly read clauses 4, 5, 7, 8 and 12.
2. Interpretation
The following definitions and rules of interpretation apply in this agreement (unless the context requires otherwise).
2.1 Definitions:
Fees: as detailed and agreed in Schedule 1.
Services: as detailed and agreed in Schedule 1.
Confidential Information: information in whatever form (including without limitation, in written, oral, visual or electronic form or on any magnetic or optical disk or memory and wherever located) relating to You, and the business, clients, products, affairs and finances of the RightTrack.
Data Protection Legislation: the UK Data Protection Legislation and (for so long as and to the extent that the law of the European Union has legal effect in the UK) the General Data Protection Regulation ((EU) 2016/679) and any other directly applicable European Union regulation relating to privacy. “Controller”, “Processor”, shall have the meaning given in the Data Protection Legislation.
Personal Data: any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person and includes Special Categories of Personal Data.
Personal Data Breach: a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Personal Data transmitted, stored or otherwise processed by RightTrack on behalf of the You.
Special Categories of Personal Data: means personal data which is related to: race, ethnic origin, religious or philosophical beliefs, political opinions, trade union memberships, biometric data, genetic data health data and data related to sexual preferences, sex life and/or sexual orientation.
Intellectual Property Rights: copyright and neighbouring and related rights, moral rights, and the right to sue for passing off and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
2.2 The Schedule forms part of this agreement and shall have effect as if set out in full in the body of this agreement. Any reference to this agreement includes the Schedules.
3. Services
3.1 Please see Schedule 1 for the types of Services agreed with RightTrack.
4. Fees/Payment
4.1 In making the initial payment you agree to the terms and conditions in this agreement.
4.2 Please see Schedule 1 for the types of Services agreed with RightTrack.
4.3 The paid Service will commence only after both you and your parent/legal guardian have replied to your respective verifying account email, and payment is received and cleared. Where a payment plan is in place the Service will commence only after the first payment is received and cleared. If payment is late without prior agreement, RightTrack reserves the right to postpone services until payment is received.
4.4 Please note, any free service listed in Schedule 1 will not require payment for its use, though if you are 16 years old or under, you will need a parent/legal guardian to verify their email account and give consent to use your data as detailed in Clauses 5 and 12.
5. Warranties
5.1 You warrant (promise), that you have the permission of your parent/legal guardian to enter into this contract and you shall provide the following information accurately and correctly:
(a) PersonalData;
(b) School Information: academic records, school, school address, your school timetable;
(c) Sporting Information: height, weight, personal best, ranking, club, club address, and other relevant sporting statistics; and
(d) Any other information required.
These detailed and termed as Identity Data and Contact Data in the Privacy Policy.
6. Intellectual property
6.1 You warrant any video, images or audio (the “Sports Content”) you have supplied to RightTrack is owned by you, or you have the permission(s) from the relevant owner(s) of the Intellectual Property Rights, for RightTrack to use the Sports Content in the execution of its Service.
6.2 In supplying the Sports Content, you give RightTrack a royalty free, worldwide non-exclusive licence (that can be modified and/or edited) for the specific purpose of using it in its promotional material.
6.3 RightTrack will assign to you the Intellectual Property Rights relating to only the Sports Content it creates for you in relation to the Service, specifically the video used for your university recruitment/admission. RightTrack reserves the right to use the Sports Content it has created for you to use in its promotional material worldwide and royalty-free.
7. Disclaimers
7.1 RightTrack does not act as a professional sports agency and in receiving advisory services, a student-athlete is not compromising their eligibility and declaring to be professional.
7.2 RightTrack provides support, guidance and assistance to prospective student-athletes throughout the recruiting process and, while adhering to the NCAA rules regarding Talent Evaluation Services and Agents, does not guarantee of any admission, scholarship or financial aid at member institutions. RightTrack is prohibited from paying for any application, test or visa fees.
7.3 Payment to RightTrack does not guarantee financial aid at any member institution. As per NCAA rule 12.3.3.1 regarding Talent Evaluation Services and Agents; a prospective student-athlete may allow a scouting service or agent to distribute Personal Data (e.g., school academic and athletic records, physical statistics) to member institutions without jeopardizing his or her eligibility, provided the fee paid to such an agent is not based on placing the prospective student-athlete in a collegiate institution as a recipient of institutional financial aid.
8. Right to cancel this Contract
8.1 You have the right to cancel this contract within 14 days without giving any reason.
8.2 The cancellation period will expire after 14 days of the conclusion of the contract.
8.3 To exercise the right to cancel you must inform RightTrack of your decision to cancel this contract by a clear statement by email to [email protected] using the template below.
Cancellation form
To RightTrack, 10 Bolt Court, London, EC4A 3DA, where available, and [email protected]:
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/the supply of the following service [*],
Ordered on [*]/received on [*],
Name of Client (s),
Address of Client (s),
Signature of Client(s) (only if this form is notified on paper),
Date
[*] Delete as appropriate
8.4 To meet the cancellation deadline, it is sufficient for you to send the communication concerning the exercise of this right to cancel before the cancellation period has expired to [email protected].
8.5 RightTrack will wait until the 14–day cancellation period in this Clause is over before it starts to carry out the services, unless:
(a) You want RightTrack to carry out the services during the 14–day cancellation period;
(b) Both parties have agreed to do so, and
(c) You have signed a written confirmation (a copy of which is set out in the box below) and given it to RightTrack (if you do this, the written confirmation which you sign will form part of this contract as though set out in full here)
Written confirmation to start carrying out the services within the 14–day cancellation period
Confirmation to start work early:
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that in most cases, you can cancel the contract within 14 days. This may happen because you change your mind.
By signing this written confirmation and giving it to our representative, you agree that, on your request, we can start to carry out the services during the 14–day cancellation period.
You still have a right to change your mind and cancel the contract during the 14–day cancellation period, however, we will charge you for the cost of the services carried out by us until the time when you tell us that you want to cancel the contract. The amount we charge you will be in proportion to what we have carried out, in comparison with the full coverage of this contract.
You acknowledge, however, that you will lose the right to change your mind and cancel the contract during the 14–day cancellation period once the services have been fully carried out by us. If this happens, we will charge you for the full cost of the services carried out by us.
To RightTrack, 10 Bolt Court, London, EC4A 3DA, where available, and [email protected]
I/We [*] hereby give notice that I/We [*] request you to supply of the following service [*] on the following date [*]
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s),
Date
[*] Delete/ insert details as appropriate
9. Effect of Cancellation
9.1 If you cancel this contract, RightTrack will reimburse you all payments received except where RightTrack is allowed to keep such payments such as where they have started carrying out the Service within the 14–day cancellation period and you have signed the written confirmation to start carrying out the services within the 14–day cancellation period’ (see clause 8.4 for more details).
9.2 RightTrack, subject to the above will make the reimbursement without undue delay, and not later than 14 days after the day on which they are informed about your decision to cancel this contract.
10. Disputes
10.1 If you are unhappy with the Service provided, by RightTrack or any other matter, please contact RightTrack on [email protected] as soon as possible.
10.2 If you and RightTrack cannot resolve a dispute using our internal complaint handling procedure, RightTrack will suggest the applicable alternative dispute resolution to seek a remedy.
11. Insurance and liability
11.1 RightTrack shall not have any liability in connection with its Service. If there is any liability, that liability shall be capped to value of Service fee agreed. Nothing in these terms shall limit or exclude any liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation.
11. 2 RightTrack shall have no liability for any loss of profits, anticipated savings, sporting and/or business opportunity, goodwill or loss of or damage to (including corruption) data (in each case whether direct or indirect) or any other indirect or consequential losses whether arising in contract, tort (including negligence) or otherwise incurred by any user in connection with the use of its services or website.
12. Data protection
12. 1 RightTrack shall abide to all Data Protection Legislation. The information gathered, specifically about your:
(a) Personal Data;
(b) School Information; and
(c) Sporting Information.
As stated in our Privacy Policy the information above shall be shared with USA University’s/College’s and their coaching staff, the NCAA and other applicable sports and academic bodies in connection with our Service.
12.2 RightTrack shall:
(a) process that Personal Data only if (i) the processing is necessary in order to meet your obligations under this Agreement; or (ii) you have provided RightTrack with explicit consent; or (iii) there are legitimate interest reasons unless RightTrack is required by applicable laws or by virtue of the Data Protection Legislation to otherwise process that Personal Data. Where RightTrack is relying on laws of a member of the European Union or European Union law as the basis for processing Personal Data, RightTrack shall promptly notify you of this before performing the processing required by the applicable laws unless those applicable laws prohibit RightTrack from notifying you;
(b) ensure it has in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures;
(c) ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential;
(d) respond to any of your rights under the Data Protection Legislation;
(e) notify you without undue delay on becoming aware of a Personal Data Breach; and
(f) at written direction of you, delete or return Personal Data and copies thereof to you on termination of the Agreement unless there is a requirement under the Data Protection Legislation to store the Personal Data.
13. Confidential information
13.1 Confidential Information is maintained in accordance with the Data Protection Legislation. RightTrack will keep your information private and will not share your information to any third party unless compelled to by law or with your consent.
13.2 Additionally you shall be obligated to keep Confidential Information private and not share RightTrack information with third parties unless compelled to by law or with RightTrack’s consent.
14. Notices
14.1 Any notice given to a party under or in connection with this contract shall be in writing and shall be emailed ([email protected]).
14.2 Any notice or communication shall be deemed to have been received via email, on successful transmission of the email with a digital receipt of it.
15. Assignment
15.1 RightTrack may at any time assign this agreement to a third party by giving you a prior notice of the assignment.
16. Entire agreement
16.1 This agreement constitutes the entire agreement between the parties and notbased on previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
17. Rights to terminate
17.1 RightTrack reserves the right to reasonably terminate its Service where you are deemed to display any act of misconduct or misrepresented information that may damage the reputation of RightTrack, or harm its relationship with a contractor, coach or university.
17.2 Additionally, if there are any persistent breaches of the agreement by you, RightTrack reserves to terminate their Service with you.
18. Severance
18.1 If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion shall not affect the validity and enforceability of the rest of this agreement.
19. Third party rights
19.1 No other third party shall have an enforceable right to this agreement.
20. Variation
20.1 No variation of this agreement shall be effective unless it is in writing and agreed by both parties in writing.
20.2 RightTrack reverse to right to unilaterally update/amend any term of this agreement by giving reasonable notice to you, in addition to but not limited to the pricing stated in Schedule to reflect any currency fluctuation between the US Dollar and the UK Pound or the interests rates of either the US or UK.
21. Governing law
21.1 This agreement and any separate agreement shall be governed by and construed exclusively in accordance with the jurisdiction of England and Wales and its courts.
Schedule 1
Services and Costing
Bronze (Free)
- Create your own profile
- View other athletes’ profiles
- Access to RightTrack’s university search tool
- Access to NCAA Championship Data
Silver ($250)
- Create your own profile
- View other athletes’ profiles
- Access to RightTrack’s university search tool
- Access to NCAA Championship Data
- Discoverable by all college coaches
- Exclusive access to A-List Education test prep rates
Gold ($450)
- Create your own profile
- View other athletes’ profiles
- Access to RightTrack’s university search tool
- Access to NCAA Championship Data
- Discoverable by all college coaches
- Exclusive access to A-List Education test prep rates
- Verified profile
- 1-hour evaluation consultation with RightTrack consultant
- Scouting report written by RightTrack consultant, visible to all college coaches
- Athlete Tier/Athlete Star Rating completed
- Admin updated profile, e.g. interested colleges, visits
- Additional hourly advising with RightTrack consultant available ($150/hour)
Platinum ($1250)
- Create your own profile
- View other athletes’ profiles
- Access to RightTrack’s university search tool
- Access to NCAA Championship Data
- Discoverable by all college coaches
- Exclusive access to A-List Education test prep rates
- Verified profile
- 1-hour consultation with RightTrack consultant
- Evaluation and scouting report written by RightTrack consultant, visible to all college coaches
- Athlete Tier/Athlete Star Rating completed
- Admin updated profile, e.g. interested colleges, visits
- Monthly 1-hour advising sessions with RightTrack consultant
- Additional hourly advising with RightTrack consultant available ($100/hour)
Schedule 2
Services and Costing
Bronze (Free)
- Create your own profile
- View other athletes’ profiles
- Access to RightTrack’s university search tool
- Access to NCAA Championship Data
12 Month Silver Plan ($300)
- Create your own profile
- View other athletes’ profiles
- Access to RightTrack’s university search tool
- Access to NCAA Championship Data
- Discoverable by all college coaches
- Exclusive access to A-List Education test prep rates
12 Month Gold Plan ($540)
- Create your own profile
- View other athletes’ profiles
- Access to RightTrack’s university search tool
- Access to NCAA Championship Data
- Discoverable by all college coaches
- Exclusive access to A-List Education test prep rates
- Verified profile
- 1-hour evaluation consultation with RightTrack consultant
- Scouting report written by RightTrack consultant, visible to all college coaches
- Athlete Tier/Athlete Star Rating completed
- Admin updated profile, e.g. interested colleges, visits
- Additional hourly advising with RightTrack consultant available ($150/hour)
12 Month Platinum Plan ($1250)
- Create your own profile
- View other athletes’ profiles
- Access to RightTrack’s university search tool
- Access to NCAA Championship Data
- Discoverable by all college coaches
- Exclusive access to A-List Education test prep rates
- Verified profile
- 1-hour consultation with RightTrack consultant
- Evaluation and scouting report written by RightTrack consultant, visible to all college coaches
- Athlete Tier/Athlete Star Rating completed
- Admin updated profile, e.g. interested colleges, visits
- Monthly 1-hour advising sessions with RightTrack consultant
- Additional hourly advising with RightTrack consultant available ($100/hour)