Terms and conditions of sale

1. Service provider

José Javier Figueredo, sole trader (entrepreneur individuel), trading under the name FM Athletes, registered with the French National Business Register (RNE), SIRET pending (registration in progress), 65 avenue de la Gare, 74100 Annemasse, France. Email: fmathletes@gmail.com — Phone / WhatsApp: +41 76 403 42 61. VAT not applicable, art. 293 B of the French General Tax Code (CGI).

2. Definitions and scope

• FM Athletes: the service provider identified above.
• Athlete: the person whose athletic recruitment and/or support is the subject of the service.
• Client: the athlete, if an adult; if the athlete is a minor, their parent or legal guardian. For a minor athlete, the contract and a parental authorisation are always signed by the parent or legal guardian.
• College programme: a sports team of a higher-education institution in the United States (NJCAA, NAIA, NCAA Division I, II or III).
• Contact campaign: the phase during which FM Athletes contacts college programmes on behalf of the athlete.
• FM Athletes package: FM Athletes' single offer, comprising the recruitment service (section 3) and access to the FM Athletes apps for 12 months (section 5).
• FM Athletes apps: the web apps FM Mechanics, FM Velocity, FM Nutrition and FM English.

These terms apply to the FM Athletes package, which comprises the recruitment service and 12 months of access to the FM Athletes apps, both described below.

3. Recruitment service

The recruitment service is included in the FM Athletes package (price and payment terms in section 7).

The service includes:

• an initial sports, academic and English-level assessment;
• building the athletic profile and guidance for the recruiting video (FM Athletes guides; the family records the video);
• creating and managing a recruiting email address, an X account and a FieldLevel profile in the athlete's name — the family has access and passwords at all times, and these are handed over at the end of the service;
• sending a personalised message to at least 200 distinct US college programmes (email and X), with follow-ups;
• a report every two weeks (university, coach, date, channel, response);
• when a coach shows interest, passing the contact on to the family with all the context: from then on the family negotiates directly, and FM Athletes remains available to advise;
• academic guidance: NCAA Eligibility Center, NJCAA, high-school diploma (including the online option with Dawere), TOEFL / Duolingo English Test.

FM Athletes does not guarantee a scholarship, admission or any result that depends on third parties (coaches, universities, NCAA, NAIA, NJCAA, visa authorities). FM Athletes charges no commission on any scholarship and does not negotiate on behalf of the family.

4. 'Qualified interest' guarantee – 100% refund

If, within 6 months from the date on which the client has delivered all the requested material (personal data, school grades and transcripts, video and authorisations), the athlete receives no qualified interest from a coach, FM Athletes will refund 100% of the amounts paid for the FM Athletes package. FM Athletes confirms this date to the client in writing by email.

Qualified interest: a written, verifiable response (email, X message/DM, FieldLevel message or similar) from a head coach, assistant coach or staff member of a college programme (NJCAA, NAIA, NCAA D-I/D-II/D-III) showing concrete interest in the athlete, for example:

• asking for more information, video, transcripts or test scores;
• proposing a call, video call or visit;
• specifically inviting the athlete to a tryout;
• discussing a roster spot or a scholarship.

The following are not qualified interest: automatic replies, generic newsletters, mass advertising for camps or showcases, and messages from recruiting services or agencies.

No refund is due if at least one qualified interest has been received, even if no agreement or scholarship results from it.

Conditions of the guarantee:

• the client has provided truthful and accurate information;
• the client has delivered all the requested material; the 6-month period only starts to run once everything has been delivered;
• the client has not asked to pause or stop the campaign;
• the client has not withheld from FM Athletes any contacts received;
• the refund request is sent by email to fmathletes@gmail.com within 30 days after the end of the 6-month period.

The refund is made within a maximum of 30 days from the refund request, using the same payment method (bank transfer). If paying in instalments, the refund covers the amounts actually paid and any outstanding instalments are cancelled.

If the refund is applied, access to the FM Athletes apps ends at that moment.

Evidence: the fortnightly reports and the message history of the recruiting accounts, to which the family has access, are authoritative.

5. Access to the FM Athletes apps (12 months)

The FM Athletes package includes, at no extra cost, access to the four FM Athletes apps for 12 months from the signature of the contract:

• FM Mechanics: video analysis of throwing/pitching mechanics;
• FM Velocity: gym and physical preparation;
• FM Nutrition: nutrition;
• FM English: TOEFL / Duolingo English Test preparation.

Access is personal and non-transferable: it is reserved for one athlete, and login details must not be shared.

Access to the apps ends:

• at the end of the 12 months;
• immediately, if the refund guarantee set out in section 4 is applied;
• if the contract is terminated or the right of withdrawal is exercised.

After the 12 months there is no automatic renewal and no automatic charge. FM Athletes will inform the client beforehand of the options available to keep using the apps.

The apps' nutrition and fitness content is for guidance only and is not medical advice. The athlete must consult a health professional before starting any programme; for minors, parents or legal guardians supervise.

FM English is an independent tool: it is not affiliated with or endorsed by ETS, IELTS or Duolingo, and score estimates are indicative only.

The apps are provided as web apps and their features may evolve. If an app is temporarily unavailable, FM Athletes will restore access as soon as reasonably possible.

6. Order and conclusion of the contract

After the free evaluation, FM Athletes sends the client a personalised written proposal and the contract, which state the price and the payment schedule. The contract is concluded upon signature (including electronic signature) and first payment.

7. Price and payment

The price of the FM Athletes package is stated in the personalised proposal and in the contract that the client receives before making any commitment.

It is a single fixed price that includes all the services described in these terms (recruitment service, section 3) and access to the FM Athletes apps for 12 months (section 5). No commission is charged on any scholarship.

The price can be paid in a single payment or in instalments, as set out in the contract. Payment is made by bank transfer. VAT not applicable, art. 293 B of the CGI.

There are no recurring fees or charges: the package involves no automatic payment and no automatic renewal.

In the event of late payment, and after a written reminder has gone unanswered, FM Athletes may suspend the service, including access to the apps, until payment is made. For consumer clients, only interest at the statutory rate may be charged.

8. Right of withdrawal

A consumer client has 14 days from the conclusion of the contract to exercise their right of withdrawal, without giving any reason (Article L221-18 of the French Consumer Code).

If the client expressly asks for the service to start before the end of that period, they must pay an amount proportionate to the service provided up to the time they notify their withdrawal (Article L221-25). The right of withdrawal cannot be exercised if the service has been fully performed before the end of the period with the client's express prior consent and express waiver of this right (Article L221-28).

To withdraw, the client sends an unequivocal statement by email to fmathletes@gmail.com, for example using the following model:

• To José Javier Figueredo (FM Athletes), 65 avenue de la Gare, 74100 Annemasse, France — fmathletes@gmail.com:
• I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract for the provision of the following service:
• Ordered 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.

FM Athletes refunds the amounts due within 14 days of receiving the withdrawal decision, using the same payment method.

In the event of withdrawal, access to the FM Athletes apps ends on the date the withdrawal decision is received.

9. Obligations of FM Athletes

FM Athletes undertakes to perform the service with care and professionalism. This is an obligation of means (best efforts), not an obligation of result, without prejudice to the guarantee set out in section 4.

10. Obligations of the client

• provide truthful, accurate and up-to-date information;
• supply the requested video and documents within reasonable deadlines;
• inform FM Athletes of any contacts received from coaches and of decisions made;
• comply with NCAA, NAIA and NJCAA rules: the athlete is solely responsible for their own eligibility and amateur status;
• pay the agreed price.

FM Athletes receives no payment from universities.

11. Accounts created in the athlete's name

The recruiting accounts (email, X, FieldLevel) are created in the athlete's name. The family has access to them at all times. At the end of the service, FM Athletes hands over the passwords, transfers the recovery information to the family and stops using those accounts.

12. Liability

Except in the case of gross negligence or fraud, FM Athletes' liability is limited to the amounts actually paid by the client for the FM Athletes package.

FM Athletes cannot be held liable for decisions of third parties (coaches, universities, NCAA, NAIA, NJCAA, visa authorities, testing bodies), nor for the consequences of inaccurate information provided by the client.

Nothing in these terms limits the rights a consumer has under the law.

13. Intellectual property and image

The content, methods, message templates, documents and apps provided by FM Athletes remain its exclusive property; the client is granted a personal right of use for the duration of the service and, for the apps, for the access period set out in section 5.

The client and the athlete retain all rights to their images and videos. They grant FM Athletes a non-exclusive, royalty-free licence limited to what is necessary to perform the service (in particular sharing with college programmes and on the recruiting profiles).

Any use of the athlete's name or image for FM Athletes' marketing purposes (for example success stories) requires separate written consent, given by the parents or legal guardians in the case of a minor.

14. Personal data

The processing of personal data is described in the Privacy policy available on the website.

15. Term and termination

The recruitment service ends when the phase of handing over coach contacts to the family is completed or, at the latest, 12 months after the date on which the client has delivered all the requested material, whichever occurs first.

Access to the FM Athletes apps is granted for 12 months from the signature of the contract (section 5). The contract does not renew automatically.

Either party may terminate the contract in the event of a serious breach by the other party that is not remedied within 15 days of formal notice sent by email. On termination, access to the apps ends on the date the termination takes effect.

16. Force majeure

Neither party shall be liable for a failure caused by force majeure within the meaning of Article 1218 of the French Civil Code. Obligations are suspended for the duration of the impediment.

17. Complaints and mediation

Any complaint should be sent by email to fmathletes@gmail.com. We aim to respond promptly.

In accordance with Article L612-1 of the French Consumer Code, a consumer client may use a consumer mediator free of charge to seek an amicable resolution of a dispute, after first attempting to resolve it in writing with FM Athletes. FM Athletes' membership of a consumer mediation scheme is in progress; the mediator's details will be published on this page as soon as it is completed.

18. Governing law and jurisdiction

These terms are governed by French law. In the event of a dispute, the consumer may bring proceedings, at their choice, before the court of the place where they lived when the contract was concluded or when the harmful event occurred, or before any other court having jurisdiction under the law. The mandatory protective provisions of the consumer's country of habitual residence continue to apply.