Terms and Conditions
1.1 These GTCs govern the contractual relationship between Noack Sport Support (Josephine Noack) as contractor ( in the following referred to as trainer) and the customer (in the following referred to as athlete) as client. The subject matter of the contract is consulting and providing information as well as recommending and/or carrying out practical activities in the field of sports. The service here corresponds to a service according to § 611 BGB.
1.2 In detail, these are services from the following areas:
- Performance diagnostic examinations
- Sport and training science analyses and consulting
- Development and creation of individual training concepts, interventions and plans
- Individual and group training
- technical adjustment and optimization of sports equipment (racing bike, time trial bike, mountain bike)
- Organizing and holding courses, sports programs and smaller events in the field of sports
1.3 The coach is obliged to advise and support the athlete individually within the scope of the agreed services.
2. PLANING OF TRAINING
2.1 The start of the training guidance / planning starts on the 1st or 15th of a calendar month, depending on the start date requested by the customer. The start date is agreed between the athlete and the coach when the contract is concluded.
2.2 Before the start of the training programme, there will be a detailed initial interview between the athlete and the trainer in which the athlete’s personal goals, training volumes and possibilities as well as the current performance level will be defined.
2.3 Training is planned online via the professional training platform “TrainingPeaks”. The athlete must create a personal account here to which the coach has unlimited access. Training contents, completed training and performance related data are stored here and can be viewed by the athlete and coach for the duration of the contract. The platform is available via the “TrainingPeaks” website or as an app on the smartphone. The trainer is not liable for the function of the app or website.
2.4 The training plans are created in a cycle of about 2 weeks, which guarantees a regular adjustment of the planning according to the current condition of the athlete and the performance indicators.
2.5 After termination of the contractual relationship, the completed and planned training units are declared “invisible” by the coach and the coach access to the athlete’s account is terminated. From this point on, the athlete and coach have no access to completed sessions. If the contractual relationship is resumed, the past sessions can be made visible again with renewed access rights of the coach.
2.6 The copyright of the designed training units remains with the coach. The athlete is not allowed to publish the contents of the individual training sessions.
3. START AND TERMINATION OF THE CONTRACT
3.1 The contract between coach and athlete is concluded in writing and is effective when signed by the athlete and coach.
3.2 The contract can be terminated in writing by either party at any time without giving reasons. The cancellation period is 1 month.
3.3 A free pause in training program during the off-season period is possible in principle, but requires prior agreement between coach and athlete. The exact period must be defined and agreed in writing (e-mail).
4. TERMS OF PAYMENT
4.1 Individual and group training sessions, bike fitting or events must be paid in cash or by bank transfer by the start of the session.
4.2 Training planning services are invoiced on the basis of the booked training package and must be paid monthly in advance with the start of the first training session. The one-time setup fee for the athlete account has to be paid with the first payment.
5. HEALTH APPROVAL
5.1 The Athlete confirms that he/she is medically fit for sports. The recommended training programmes and exercises sometimes require maximum physical effort and thus lead to a high level of physical stress. Participation in performance diagnostic examinations or the execution of training sessions and exercises is always voluntary and at the athlete’s own risk. The requirement for these activities is that you are physically and physically able to perform them.
5.2 If the Athlete has doubts about his/her health, he/she shall consult a doctor and seek medical advice in order to determine his/her individual health requirements for the training sessions and training exercises on the basis of a detailed medical examination. The coach does not accept any liability for any damage to the athlete’s health.
5.3 The Athlete agrees to complete the health questionnaire truthfully and completely, sign it and return it to the coach before the first training session.
5.4 As soon as signs of adverse health effects from the planned training program are identified, the Athlete shall consult a doctor and seek medical advice and inform the coach.
5.5 The Athlete has to inform the Coach immediately and truthfully of any changes in his/her health status and any kind of physical problems that may occur.
6.1 The coach is not liable for damages to the client that are not due to gross negligence or intentional violation of duties.
6.2 The coach is not liable for any failure to achieve the purpose or objective pursued by the athlete.
6.3 The Athlete is responsible for insuring himself/herself against accidents and injuries that may occur during training. This also applies to travel to and from the training location.
7. VERANTWORTLICHKEIT FÜR MINDERJÄHRIGE
7.1 Bei Trainingsmaßnahmen und -Planung obliegt das Führen der Aufsichtspflicht über minderjährige teilnehmende Personen nicht dem Trainer oder dem von ihm beauftragten Erfüllungsgehilfen. Der/die Erziehungsberechtigte(n) haben dafür Sorge zu tragen, dass beim Durchführen von Maßnahmen eine ausreichende Anzahl von Begleitpersonen zur Seite steht, und dass diese Begleitpersonen die Führung der Aufsichtspflicht übernehmen.
7.2 Für das Nutzen der Online-Trainingsplattform durch Minderjährige, akzeptieren die Erziehungsberechtigten ihre Verantwortlichkeit für das Verhalten des Minderjährigen im Internet, die Zugangskontrolle sowie die Konsequenzen bei einem Missbrauch Online-Trainingsplattform durch den Minderjährigen.
8. CLAIMS FOR COMPENSATION
8.1 No claims for compensation can be made in the case of a short-term training cancellation by the coach. Already paid training sessions will be credited or refunded upon request.
9.1 The athlete’s personal data is stored by the coach and used exclusively for the purpose of fulfilling the object of the service.
9.2 The stored data will be deleted upon request, but no later than 24 months after the end of the contract. Special conditions see point 2.5.
9.3 The coach is obliged to maintain confidentiality regarding all information of the athlete that has become known in connection with the fulfillment of the training and support services.
10. CLOSING CONDITIONS
10.1 Modifications, additions and supplementary agreements must be in writing to be effective.
10.2 Noack Sport Support reserves the right to change these GTC at any time without giving reasons, unless it is unreasonable for the athlete. The athlete will be notified of changes to the GTC in a timely manner. If the user does not disagree with the validity of the new GTC within two weeks after notification, the changed GTC are considered accepted by the athlete. In the notification, the coach will inform the athlete of his right to disagree and the significance of the period for objection.
10.3 Should one of the preceding provisions be invalid or unenforceable, the validity of the remaining provisions will remain unaffected. In place of the invalid or unenforceable provision, a suitable, legally effective replacement regulation that comes as close as possible to the original economic success will be agreed by mutual consent.
10.4 Hamburg is agreed as the place of jurisdiction. The law of the Federal Republic of Germany will apply.
Established: Buxtehude, May 2019