Conditions d’utilisation de Fittcoach
Updated Terms of Service
Terms of Service
Please read these Terms of Service (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Fittcoach Platform, you agree to comply with and be bound by these Terms.
Last Updated: February 25th, 2019
Thank you for using Fittcoach!
These Terms constitute a legally binding agreement ("Agreement") between you and Fittcoach Inc. (as defined below) governing your access to and use of the Fittcoach website, including any subdomains thereof, and any other websites through which Fittcoach makes its services available (collectively, "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, "Fittcoach Services"). The Site, Application and Fittcoach Services together are hereinafter collectively referred to as the “Fittcoach Platform”.
When these Terms mention “Fittcoach,” “we,” “us,” or “our,” it refers to the Fittcoach company you are contracting with. Your contracting entity will generally be determined based on your country of residence or establishment.
Any and all payment processing services through or in connection with your use of the Fittcoach Platform ("Payment Services") are provided to you by one or more Fittcoach entities (individually and collectively, as appropriate, "Fittcoach Payments") as set out in the Terms of Payment ("Payments Terms").
Fittcoach Personal Trainers alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings and Personal Training Services (as defined below).
Table of Contents
1. Scope of Fittcoach Services
1.1 The Fittcoach Platform is an online marketplace that enables registered users (“Members”) and certain third parties who offer services (Members and third parties who offer services are “Fittcoach Trainer” and the services they offer are “Personal Training Services”) to publish such Personal Training Services on the Fittcoach Platform (“Listings”) and to communicate and transact directly with Members that are seeking to book such Personal Training Services (Members using Personal Training Services are “Clients”). Personal Training Services may include the offering of Fitness Classes or Fitness Consultations for Client use ("Personal Training Sessions").
1.2 As the provider of the Fittcoach Platform, Fittcoach Inc. does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Personal Training Services. Fittcoach Trainers alone are responsible for their Listings and Personal Training Services. When Members make or accept a booking, they are entering into a contract directly with each other. Fittcoach Inc.is not and does not become a party to or other participant in any contractual relationship between Members, nor is Fittcoach Inc. an insurer. Fittcoach Inc. is not acting as an agent in any capacity for any Member, except as specified in the Payment Terms.
1.3 While we may help facilitate the resolution of disputes, Fittcoach Inc. has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Personal Training Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. Fittcoach Inc. does not endorse any Member, Listing or Personal Training Services. Any references to a Member being "verified" (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Fittcoach Inc. about any Member, including of the Member's identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to train privately or publicly, or use other Personal Training Services, accept a booking request from a Client, or communicate and interact with other Members, whether online or in person. Verified Images (as defined below) are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by Fittcoach Inc. of any Fittcoach Trainer or Listing.
1.4 If you choose to use the Fittcoach Platform as a Fittcoach Trainer your relationship with Fittcoach Inc. is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Fittcoach Inc. for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Fittcoach Inc. Fittcoach Inc. does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Personal Training Services. You acknowledge and agree that you have complete discretion whether to list Personal Training Services or otherwise engage in other business or employment activities.
1.5 To promote the Fittcoach Platform and to increase the exposure of Listings to potential Clients, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part, into other languages. Fittcoach Inc. cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The Fittcoach Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.
1.6 The Fittcoach Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Fittcoach Inc. is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Fittcoach Inc. of such Third-Party Services.
1.7 Due to the nature of the Internet, Fittcoach Inc. cannot guarantee the continuous and uninterrupted availability and accessibility of the Fittcoach Platform. Fittcoach Inc. may restrict the availability of the Fittcoach Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Fittcoach Platform. Fittcoach may improve, enhance and modify the Fittcoach Platform and introduce new Fittcoach Services at anytime.
2. Eligibility, Using the Fittcoach Platform, Member Verification
2.1 In order to access and use the Fittcoach Platform or register a Fittcoach Account you must be an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of Canada and able to enter into legally binding contracts.
2.2 Fittcoach Inc. may make access to and use of the Fittcoach Platform, or certain areas or features of the Fittcoach Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a Member’s booking and cancellation history.
2.3 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
2.4 The access to or use of certain areas and features of the Fittcoach Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions, before you can access the relevant areas or features of the Fittcoach Platform. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Fittcoach Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise in the latter terms and conditions.
3. Modification of these Terms
Fittcoach Inc. reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Fittcoach Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Fittcoach Platform will constitute acceptance of the revised Terms.
4. Account Registration
4.1 You must register an account ("Fittcoach Account") to access and use certain features of the Fittcoach Platform, such as publishing or booking a Listing.
4.2 You must provide accurate, current and complete information during the registration process and keep your Fittcoach Account and public Fittcoach Account profile page information up-to-date at all times.
4.3 You may not register more than one (1) Fittcoach Account. You may not assign or otherwise transfer your Fittcoach Account to another party.
4.4 You are responsible for maintaining the confidentiality and security of your Fittcoach Account credentials and may not disclose your credentials to any third party. You must immediately notify Fittcoach Inc. if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Fittcoach Account. You are liable for any and all activities conducted through your Fittcoach Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
5.1 Fittcoach may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Fittcoach Platform ("Member Content"); and (ii) access and view Member Content and any content that Fittcoach Inc. itself makes available on or through the Fittcoach Platform, including proprietary Fittcoach content and any content licensed or authorized for use by or through Fittcoach Inc. from a third party ("Fittcoach Content" and together with Member Content, "Collective Content").
5.2 The Fittcoach Platform, Fittcoach Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of Canada and other countries. You acknowledge and agree that the Fittcoach Inc. Platform and Fittcoach Inc. Content, including all associated intellectual property rights, are the exclusive property of Fittcoach Inc. and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Fittcoach Platform, Fittcoach Inc. Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Fittcoach Inc. used on or in connection with the Fittcoach Inc. Platform and Fittcoach Inc. Content are trademarks or registered trademarks of Fittcoach Inc. in Canada and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Fittcoach Platform, Fittcoach Inc. Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Fittcoach Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Fittcoach or its licensors, except for the licenses and rights expressly granted in these Terms.
5.4 Subject to your compliance with these Terms, Fittcoach Inc. grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the Fittcoach Platform and accessible to you, solely for your personal and non-commercial use.
5.6 Fittcoach Inc. may offer Fittcoach Trainers the option of having professional photographers take photographs of their Personal Training Services, which are made available by the photographer to Fittcoach Trainers to include in their Listings with or without a watermark or tag bearing the words/ wording ("Verified Images"). You are responsible for ensuring that your personal Training Service is accurately represented in the Verified Images and you will stop using the Verified Images on or through the Fittcoach Platform if they no longer accurately represent your Listing, if you stop hosting the Personal Training Service featured, or if your Fittcoach Account is terminated or suspended for any reason. You acknowledge and agree that Fittcoach Inc. shall have the right to use any Verified Images in accordance with Section 5.5 for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. Where Fittcoach Inc. is not the exclusive owner of Verified Images, by using such Verified Images on or through the Fittcoach inc. Platform, you grant to Fittcoach Inc. an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to use such Verified Images for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. Fittcoach Inc. in turn grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use Verified Images outside of the Fittcoach Platform solely for your personal and non-commercial use.
5.7 You are solely responsible for all Member Content that you make available on or through the Fittcoach Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the Fittcoach Platform or you have all rights, licenses, consents and releases that are necessary to grant to Fittcoach Inc. the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Fittcoach Inc. to use of the Member Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
5.8 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates Fittcoach Inc Content Policy or any other Fittcoach Inc.policy. Fittcoach Inc. may, without prior notice, remove or disable access to any Member Content that Fittcoach Inc. finds to be in violation of applicable law, these Terms or Fittcoaches then-current Policies or Standards or otherwise may be harmful or objectionable to Fittcoach Inc., its Members, third parties, or property.
5.9 Fittcoach Inc. respects copyright law and expects its Members to do the same. If you believe that any content on the Fittcoach Platform infringes copyrights you own, please notify us in accordance with our Copyright Policy
6. Service Fees
6.1 Fittcoach Inc. may charge fees to Fittocach Trainers ("Trainer Fees") and/or Client ("Client Fees") (collectively, "Service Fees") in consideration for the use of the Fittcoach Platform. More information about when Service Fees apply and how they are calculated can be found in Service Fees
6.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to a Fittcoach Trainer or Client prior to publishing or booking a Listing. Fittcoach Inc reserves the right to change the Service Fees at any time, and will provide Members adequate notice of any fee changes before they become effective. Such fee changes will not affect any bookings made prior to the effective date of the fee change.
6.3 Service Fees will automatically be provided to Fittcoach Inc upon each transaction between Fittcoach Personal Trainer and the Client. The applicable Service Fees (including any applicable Taxes) are collected by Fittcoach Inc. Fittcoach Inc. Payments will deduct any Personal Trainer Fees from the Listing Fee before remitting the payout to the Fittcoach Personal Trainer. Any Client Fees are included in the Total Fees collected by Fittcoach Inc. Except as otherwise provided on the Fittcoach Platform, Service Fees are non-refundable.
7. Terms specific for Fittcoach Personal Trainers
7.1 Terms applicable to all Listings
7.1.1 When creating a Listing through the Fittcoach Platform you must (i) provide complete and accurate information about your Service (such as listing description, location, and calendar availability), (ii) disclose any deficiencies, restrictions and requirements that apply (proficiency or fitness requirements, location, certifications etc.) and (iii) provide any other pertinent information requested by Fittcoach Inc. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.
7.1.2 You are solely responsible for setting a price (including any Taxes) for your Listing (“Listing Fee”). Once a Client requests a booking of your Listing, you may not request that the Client pays a higher price than in the booking request.
7.1.3 Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing.
7.1.4 Pictures, animations or videos (collectively, "Images") used in your Listings must accurately reflect the quality and condition of your Personal Training Services. Fittcoach Inc. reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.
7.1.5 The placement and ranking of Listings in search results on the Fittcoach Platform may vary and depend on a variety of factors, such as Client search parameters and preferences, Fittcoach Personal Trainer qualifications, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Personal Training Service, and/or ease of booking.
7.1.6 When you accept or have pre-approved a booking request by a Client, you are entering into a legally binding agreement with the Client and are required to provide your Personal Training Service(s) to the Client as described in your Listing when the booking request is made.
7.1.7 Fittcoach requires that the Fittcoach Personal Trainer obtain appropriate insurance and Certifications for their Services. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Clients (and the individuals the Client has booked for, if applicable) while working working with you.
7.2.1 Personal Trainers may not list more than one (1) Listing.
8. Terms specific for Clients
8.1 Terms applicable to all bookings
8.1.1 Subject to meeting any requirements (such as completing any verification processes) set by Fittcoach Inc and/or the Fittcoach Personal Trainer, you can book a Listing available on the Fittcoach Platform by following the respective booking process. All applicable fees, including the Listing Fee, and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your Fittcoach Account.
8.1.2 Upon receipt of a booking confirmation from Fittcoach Inc., a legally binding agreement is formed between you and your Fittcoach Personal Trainer, subject to any additional terms and conditions of the Fittcoach Personal Trainer that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. Fittcoach Inc. will collect the Total Fees at the time of the booking request or upon the Fittcoach personal Trainers confirmation.
8.1.3 If you are booking for an additional client who is a minor, you represent if accompanied by an adult (18+) who is responsible for them.
9. Booking Modifications, Cancellations and Refunds, Resolution Center
9.1 Fittcoach Personal Trainers and Clients are responsible for any modifications to a booking that they make via the Fittcoach Platform or direct Fittcoach customer service to make ("Booking Modifications"), and agree to pay any additional Listing Fees, or Client Fees and/or Taxes associated with such Booking Modifications.
9.2 Clients can cancel a confirmed booking at any time pursuant to the Listing’s Cancellation Policy set by the Personal Trainer, and Fitttcoach Inc. will refund the amount of the Total Fees due to the Client in accordance with such cancellation policy.
9.3 If a Fittcoach personal Trainer cancels a confirmed booking, the Client will receive a full refund of the Total Fees for such booking. In some instances, Fittcoach Inc, may allow the Client to apply the refund to a new booking, in which case Fittcoach Inc. will credit the amount against the clients subsequent booking at the clients direction. Further, Fittcoach Inc. may publish an automated review on the Listing cancelled by the Fittcoach Personal Trainer indicating that a booking was cancelled. In addition, Fittcoach Inc. may (i) keep the calendar for the Listing unavailable or blocked for the dates of the cancelled booking, and/or (ii) impose a cancellation fee, unless the Fittcoach Personal Trainer has a valid reason for cancelling the booking and has had it approved by Fittcoach Inc.
9.4 In certain circumstances, Fittcoach Inc may decide, in its sole discretion, that it is necessary to cancel a pending or confirmed booking and initiate corresponding refunds and payouts. This may be for reasons set forth where Fittcoach Inc. believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to Fittcoach Inc, other Members, third parties or property, or (ii) for any of the reasons set out in these Terms.
9.5 If a Client or Fittcoach Personal Trainer cancels a confirmed booking, and the Client receives a refund in accordance with the Refund Policy or the applicable cancellation policy set by the Personal Trainer and mentioned in the Listing, after the Personal Trainer has already been paid, Fittcoach Inc. will be entitled to recover the amount of any such refund from the Perosnal Trainer, including by subtracting such refund amount out from any future Payouts due to the Personal Trainer.
9.6 Except as otherwise set out in these Terms, Members may use the Resolution Center (email@example.com) to send or request money for refunds, additional Personal Training Services or Damage Claims related to bookings. You agree to pay all amounts sent through the Resolution Center in connection with your Fittcoach Account, and the Fittcoach Finance Team will handle all such payments.
10. Ratings and Reviews
10.1 Within a certain timeframe after completing a booking, Clients and Personal Trainers can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of Fittcoach. Ratings and Reviews are not verified by Fittcoach Inc. for accuracy and may be incorrect or misleading.
10.2 Ratings and Reviews by Clients and Personal Trainers must be accurate and may not contain any offensive or defamatory language. Ratings and Reviews are subject to Section 5.
10.3 Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Member.
10.4 Ratings and Reviews are part of a Member’s public profile and may also be surfaced elsewhere on the Fittcoach Platform (such as the Listing page) together with other relevant information such as number of bookings, number of cancellations, average response time and other information.
11.1 As a Fittcoach Personal Trainer you are solely responsible to register for a QST/GST number and providing to the Fittcoach Financial Team prior to soliciting publically on the platform.
11.2 Tax regulations require us to collect appropriate Tax information from Personal Trainers, by providing us the QS/GST numbers, all Personal Trainers give Fittcoach Inc. permission to remit taxes relevant to the Personal Training Services by the platform on their behalf
11.3 If the Fittcoach Personal Trainer does not provide a QST/GST number 3 weeks after signing up for the Fittcoach Platform, the Personal trainer will be deleted from the platform until such a time they can provide the GST/ QST Numbers.
11.4 At monthly intervals Fittcoach Inc. will email the Personal Trainer a monthly Invoice providing a breakdown of the Personal Trainers earning and taxes submitted on their behalf.
11.5 The Personal Trainer is responsible to file all other taxes on their own to the government including expenses.
12. Prohibited Activities
12.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the FittcoachPlatform. In connection with your use of the Fittcoach Platform, you will not and will not assist or enable others to:
breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms
use the Fittcoach Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Fittcoach endorsement, partnership or otherwise misleads others as to your affiliation with Fittcoach
copy, store or otherwise access or use any information, including personally identifiable information about any other Member, contained on the Fittcoach Platform in any way that is inconsistent with Fittcoaches Privacy or these Terms or that otherwise violates the privacy rights of Members or third parties;
use the Fittcoach Platform in connection with the distribution of unsolicited commercial messages ("spam");
offer, as a Personal Trainer, any Services that you do not have certifications to deliver
Take any correspondence off of the platform chat window
use the Fittcoach Platform to request, make or accept a booking independent of the Fittcoach Platform, to circumvent any Service Fees or for any other reason;
request, accept or make any payment for Listing Fees outside of the Fittcoach Platform. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Fittcoach Inc. harmless from any liability for such payment;
discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
use, display, mirror or frame the FittcoachPlatform or Collective Content, or any individual element within the Fittcoach Platform, Fittcoaches name, any Fittcoach Inc. trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Fittcoach Platform, without Fittcoaches express written consent;
dilute, tarnish or otherwise harm the Fittcoach brand in any way, including through unauthorized use of Collective Content, registering and/or using Fittcoach or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Fittcoach domains, trademarks, taglines, promotional campaigns or Collective Content;
use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Fittcoach Platform for any purpose;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Fittcoach or any of Fittcoach providers or any other third party to protect the Fittcoach Platform;
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Fittcoach Platform;
take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Fittcoach Platform;
violate or infringe anyone else’s rights or otherwise cause harm to anyone.
12.2 You acknowledge that Fittcoach Inc. has no obligation to monitor the access to or use of the Fittcoach Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (i) operate, secure and improve the Fittcoach Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist Fittcoach Inc. in good faith, and to provide Fittcoach Inc. with such information and take such actions as may be reasonably requested by Fittcoach Inc. with respect to any investigation undertaken by Fittcoach Inc. or a representative of Fittcoach Inc. regarding the use or abuse of the Fittcoach Platform.
12.3 If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Fittcoach by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).
13. Term and Termination, Suspension and other Measures
13.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Fittcoach Inc. terminate the Agreement in accordance with this provision.
13.2 You may terminate this Agreement at any time by sending us an email. If you cancel your Fittcoach Account as a Personal Trainer, any confirmed booking(s) will be automatically cancelled and your Clients will receive a full refund. If you cancel your Fittcoach Account as a Client, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.
13.3 Without limiting our rights specified below, Fittcoach Inc. may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address.
13.4 Fittcoach Inc. may immediately, without notice, terminate this Agreement and/or stop providing access to the Fittcoach Platform if (i) you have materially breached your obligations under these Terms, the Payment Terms, or our Policies/ Standards (ii) you have violated applicable laws, regulations or third party rights, or (iii) Fittcoach Inc. believes in good faith that such action is reasonably necessary to protect the personal safety or property of Fittcoach Inc., its Members, or third parties (for example in the case of fraudulent behavior of a Member).
13.5 In addition, Fittcoach Inc. may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, the Payment Terms or Standards and Policies, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Fittcoach Account registration, Listing process or thereafter, (iv) you and/or your Listings or Personal Training Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or Fittcoach Inc. otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) Fittcoach Inc. believes in good faith that such action is reasonably necessary to protect the personal safety or property of Fittcoach Inc., its Members, or third parties, or to prevent fraud or other illegal activity:
refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Member Content;
cancel any pending or confirmed bookings;
limit your access to or use of the Fittcoach Platform;
temporarily or permanently revoke any special status associated with your Fittcoach Account;
temporarily or in case of severe or repeated offenses permanently suspend your Fittcoach Account and stop providing access to the Fittcoach Platform.
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Fittcoach Inc. and an opportunity to resolve the issue to Fittcoaches reasonable satisfaction.
13.6 If we take any of the measures described above (i) we may refund your Clients in full for any and all confirmed bookings that have been cancelled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.
13.7 When this Agreement has been terminated, you are not entitled to a restoration of your Fittcoach Account or any of your Member Content. If your access to or use of the Fittcoach Platform has been limited or your Fittcoach Account has been suspended or this Agreement has been terminated by us, you may not register a new Fittcoach Account or access and use the Fittcoach Platform through an Fittcoach Account of another Member.
13.8 Sections 5 and 16 to 22 of these Terms shall survive any termination or expiration of this Agreement.
If you choose to use the Fittcoach Platform or Collective Content, you do so voluntarily and at your sole risk. The Fittcoach Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.
You agree that you have had whatever opportunity you deem necessary to investigate the Fittcoach Inc. Services, laws, rules, or regulations that may be applicable to your Listings and/or Personal Training Services you are receiving and that you are not relying upon any statement of law or fact made by Fittcoach Inc. relating to a Listing.
If we choose to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
You agree that Personal Training Services, or Payment Service may carry inherent risk, and by participating in such services, you choose to assume those risks voluntarily. For example, some Personal Training Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Personal Training Services. You assume full responsibility for the choices you make before, during and after your participation in a Personal Training Service or Payment Services. If you are bringing a minor, you are solely responsible for the supervision of that minor throughout the duration of your Personal Training Service and to the maximum extent permitted by law, you agree to release and hold harmless Fittcoach Inc. from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Personal Training Service or in any way related to your Personal Training Service.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Fittcoach Platform and Collective Content, your publishing or booking of any Listing via the Fittcoach Platform, your stay at any Accommodation, participation in any Personal Training Service, or any other interaction you have with other Members whether in person or online remains with you. Neither Fittcoach nor any other party involved in creating, producing, or delivering the Fittcoach Platform or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the Fittcoach Platform or Collective Content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the Fittcoach Platform, or (iv) from your publishing or booking of a Listing, including the provision or use of a Listing’s Personal Training Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Fittcoach Inc. has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
To the maximum extent permitted by applicable law, you agree to release, defend (at Fittcoaches option), indemnify, and hold Fittcoach and its affiliates and subsidiaries, including but not limited to, , their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the Fittcoah Platform or any Fittcoach Services, (iii) your interaction with any Member, or Personal Training Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) Fittcoaches Collection and Remittance of Occupancy Taxes, or (v) your breach of any laws, regulations or third party rights.
17.1 Jury Trial Waiver. You and Fittcoach Inc. acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
17.2 No Class Actions or Representative Proceedings. You and Fittcoach Inc. acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative proceeding as to all Disputes. Further, unless you and Fittcoach Inc. both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If the “class action lawsuit” waiver or the “class-wide arbitration” waiver in this Section 19.11 is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute and the Dispute must proceed in court. If the “private attorney general action” waiver or the “representative proceeding” waiver in this Section 19.11 is held unenforceable with respect to any Dispute, those waivers may be severed from this Arbitration Agreement and you and Fittcoach Inc. agree that any private attorney general claims and representative claims in the Dispute will be severed and stayed, pending the resolution of any arbitrable claims in the Dispute in individual arbitration.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Fittcoach Platform (“Feedback“). You may submit Feedback by emailing us, through the contact section of the Fittcoach Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
19. General Provisions
22.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Fittcoach Inc.and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Fittcoach Inc. and you in relation to the access to and use of the Fittcoach Platform.
22.2 No joint venture, partnership, employment, or agency relationship exists between you and Fittcoach Inc. as a result of this Agreement or your use of the Fittcoach Platform.
22.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
22.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
22.5 Fittcoaches failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
22.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Fittcoaches prior written consent. Fittcoach Inc. may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
22.7 Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be provided electronically and given by Fittcoach Inc.via email,
22.8 If you have any questions about these Terms please email us at firstname.lastname@example.org