This Agreement is hereby established between you (“Client” or “you”) and SportCoaching (“Company”).
1. Services: The Company provides cycling, running and triathlon coaching services through a global network of independent coaches (“Coaches”). These services encompass coaching, training, and access to each coach personally, collectively referred to as the “Services.”
(a) Payment for the Services (“Service Fees”) must be made in advance through debit or credit card. By signing this Agreement, the Client grants the Company permission to charge the card on file for the Services.
(b) The Client is responsible for maintaining up-to-date debit or credit card information with the Company to prevent any service interruptions due to non-payment. The Company reserves the right to suspend or discontinue Services for non-payment and, if necessary, involve a collection agency.
2. Coaching Services: Depending on the specific Services you’ve chosen:
(a) After signing this Agreement and agreeing to its terms, you will receive a welcome email from the Company, confirming your subscription to the Services.
(b) Within 1-2 business days, you will be contacted to arrange an introductory call with your Coach. During this call, you and the Coach will discuss the outline of the plan or monthly coaching service.
(c) All coaching Services will be delivered online via TrainingPeaks.
3. Client Responsibilities
(a) The Client must provide the Coach with all requested information, documents, and materials at least 24 hours before the scheduled appointment. Failure to submit requested items within this timeframe may result in rescheduling or forfeiture of the coaching call.
(b) Any cancellations for individual coaching sessions must be made at least 24 hours prior to the scheduled appointment.
4. Monthly Subscription
(a) If you opt for a monthly subscription (“Monthly Subscription”), you agree to the initial and recurring Monthly Subscription fee at the prevailing monthly rate. You assume responsibility for all recurring charges until you cancel the subscription before the next billing cycle, subject to the cancellation policy detailed below.
(b) Upon subscribing and being removed from the waitlist (if applicable), the Company will automatically process your Monthly Subscription fee in the upcoming billing cycle. Subsequent Monthly Subscription fees will also be processed automatically each month at the then-current monthly rate until you cancel the subscription. Specifics for canceling the monthly subscription are provided in the “Cancellation Policy” section.
5. Cancellation Policy
(a) Either the Client or the Company may terminate or cancel the subscription at any time. Termination or cancellation of the subscription is the sole remedy available in case of disputes, including but not limited to disputes related to this Agreement, its enforcement, Company policies, changes in content provided through the Services, accessibility to the website, fees, or billing methods. Upon subscription termination or cancellation, the user account may be immediately deactivated, and access to related information and services may be restricted, except as otherwise stipulated by the Company.
(b) The Client can cancel the subscription by contacting Customer Service or following other provided methods. The Company will strive to process all cancellation requests within 72 hours of receiving them.
(c) For monthly subscriptions, to avoid charges for the subsequent month, cancellations should be made at least 4 weeks before the next billing date. No partial month refunds are offered. For instance, if billed on the first of every month and canceled on the 15th of that month, there will be no partial refund for that month. Access to the account remains until the paid-through date, regardless of the cancellation date.
(d) No portion of a monthly payment is refundable, prorated, or transferable to another service, product, or Client. Approved refunds will be issued within 30 days of approval.
(e) A request for a training break is treated as a cancellation at the end of the current billing cycle. The Client may return to training when ready by signing up on the Company Website or contacting Client Services.
6. Subscription Data
(a) To use our Services, including identification and billing, the Client agrees to provide accurate, complete Subscription Data during the sign-up process. This includes legal name, address, telephone number, email address, and applicable billing information (e.g., credit card number and expiration date). The Client allows the Company to share Subscription Data with third parties for verification and billing purposes. The Client is responsible for maintaining and updating the Subscription Data to ensure accuracy.
(b) The Client agrees not to register or subscribe for multiple accounts, create an account on behalf of others, or use a false or misleading identity on the Website. If the Client’s registration or subscription is revoked for any reason, the Client agrees not to re-register or subscribe using another username or other means.
(c) The Client is entirely responsible for keeping their password and user account information confidential. Any known or suspected unauthorized use of the user account or security breach, including password or credit card information loss or theft, must be reported to us immediately. The Client is responsible for any unauthorized credit card charges until the Subscription Data is updated.
(a) The Services provided under this Agreement are strictly confidential and may not be disclosed to third parties without express prior written consent from both the Coach and the Company. This includes, but is not limited to, materials provided by the Coach or the Company, coaching techniques and methodologies, and the substance of communications between the Client, the Coach, and/or the Company. Exceptions may be made for sharing information with healthcare providers for medical care purposes.
(b) The Client agrees not to reproduce materials provided by the Coach or the Company and not to remove proprietary markings, including confidentiality and copyright notices.
(c) The Company retains sole and exclusive ownership of all concepts, programs, ideas, materials, copyrights, trademarks, and other intellectual property rights associated with the Services.
(d) Both parties agree not to make disparaging remarks about each other in case of Agreement termination.
8. Client’s Responsibilities
(a) The Client is ultimately responsible for their physical, mental, and emotional well-being, decisions, choices, actions, and outcomes. Neither the Company nor the Coach is liable for the Client’s actions or inactions, or for any direct or indirect consequences of the Services.
(b) The Client acknowledges that the Services do not substitute for professional advice from qualified professionals in legal, mental health, medical, or other fields. If currently under the care of a healthcare professional, the Client should inform them.
9. Assumption of Risk
(a) The Client represents that they are at least eighteen (18) years old.
(b) The Client acknowledges that participation in the Services is voluntary and may involve intense physical activity, carrying inherent risks, including the risk of serious illness, injury, or paralysis. The Client assumes these risks knowingly.
(c) The Client certifies that they are physically fit and sufficiently trained for participation in the Services and have not been advised against participation by a qualified healthcare professional.
(d) The Client understands and agrees to arrange transportation, equipment, and other related travel accommodations and expenses required for participation in the Services (“Client Expenses”). The Company is not liable for any Client Expenses, including in cases of service cancellation.
10. Waiver and Release
(a) The Client agrees to voluntarily participate in the Services, acknowledging the numerous inherent risks. The Company, the Coach, and their respective affiliates bear no responsibility or liability, including negligence in any aspect of the Services, equipment-related issues, or physical exertion during or after coaching sessions.
(b) The Client releases and refrains from suing the Company, the Coach, and others acting on their authority. The Client also indemnifies and holds harmless the Company, its representatives, directors, agents, employees, independent contractors (including Coaches), officers, volunteers, other Clients, sponsors, advertisers, and, if applicable, premises owners and lessors, from all liability, claims, demands, losses, or damages caused by or allegedly caused by the Services or any associated training or instruction. This includes claims or damages arising from death, personal injury, disability, property damage, medical or economic losses, including attorney’s fees, regardless of whether the claim is based on breach of warranty, negligence, or any other legal theory.
(c) This release applies to the Client’s heirs, assignees, successors, and personal representatives. The Client acknowledges that the Company makes no warranties, expressly or implied, and does not guarantee specific results. The Client is personally responsible for achieving performance goals.
11. Health Disclaimer: The Services, including the coaching website and related applications, are intended to assist users in their personal cycling training but do not constitute medical advice or diagnosis. The Company and the Coach are not medical professionals and do not provide medical guidance or diagnoses. Users are advised to seek advice from a physician before starting any training regimen or effort. The Services are intended for use by healthy adults only.
12. Disclaimers of Warranties: Please note the following disclaimers:
The Services, offerings, content, and materials are provided “as is” and without warranties of any kind, either express or implied.
We disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, title, compatibility, security, accuracy, or non-infringement.
Any products, offerings, content, or materials downloaded through the Services are at the user’s sole risk.
We do not warrant or make representations regarding the use or results of using the Services in terms of correctness, accuracy, reliability, or otherwise.
13. Limitation of Liability: The Client understands and agrees that neither the Company nor its affiliates shall be liable for direct, indirect, incidental, special, consequential, exemplary, or punitive damages, or any other damages, including but not limited to loss of profits, goodwill, use, data, or other intangible losses. This applies to, but is not limited to, issues related to the use or inability to use the Services, content or materials obtained through the Services, unauthorized access, or third-party conduct. In no event shall our total liability exceed the amount paid by the Client, if any, for accessing the Services. If dissatisfied with any portion of the Services or this Agreement, the sole remedy is discontinuation of use.
14. Indemnification: The Client agrees to indemnify, hold harmless, and, if requested, defend the Company, its affiliates, officers, directors, employees, independent contractors (including Coaches), stockholders, agents, and representatives from any third-party claims, liability, damages, and costs, including reasonable attorney’s fees and expenses, arising from improper use of the Services, violation of this Agreement, or infringement on intellectual property or other rights.
15. Media Consent and Release: The Company and/or Coaches may capture photos and videos during program activities for use in training or promotional materials. The Client authorizes the Company and its agents to record their likeness and voice and use, reproduce, exhibit, or distribute these recordings for appropriate purposes. The Client releases the Company from liability related to these recordings.
16. Force Majeure: The Company and its affiliates, as well as independent Coaches, are not liable for events beyond their control, whether occurring at the Client’s location or elsewhere. Such events may include acts of God, natural disasters, weather, war, terrorism, strikes, political instability, epidemics, government restrictions, or actions of persons or agencies not directly controlled by the Company. In cases of force majeure, no refunds are available.
17. Amendments: This Agreement may not be amended or modified without the express written consent of the Company.
18. Assignment: The Client may not assign rights or delegate duties under this Agreement without the prior written consent of the Company. The Services are non-transferable.
19. Severability: If any provision of this Agreement is found invalid or unenforceable, the remaining provisions shall remain valid and enforceable. The invalidated provision shall be construed and enforced as limited if such limitation would render it valid and enforceable.