Athletes contract conditions – KickAss Basic

General

KickAssSports GmbH, Reichensteinstraße 28, 69151 Neckargemünd (hereinafter: KickAssSports) pursues the goal of making the achievements of high-performance sports available to everyone: To create an optimal balance between load and regeneration, based on the latest training science findings. For this purpose, KickAssSports provides templates from which the athlete can select and plan their training and competition schedule. The plan should accompany and guide the athlete carefully, healthily, and with fun to his personal goals. In doing so, KickAssSports addresses the athlete on three levels (qualitative, verbal, and visual). The commitment of KickAssSports is intended to optimally achieve the athletic goals sought by the athlete.

By agreeing to the ” Athlete Contract Conditions – Basic”, the contractual partner (hereinafter: athlete) accepts the following regulations:

§ 1 Scope of the contract / Duties of KickAssSports

  1. During the contract period, KickAssSports supports and advises the athlete in their training and competition planning.
  2. For this purpose, KickAssSports provides templates from which the athlete can select and plan their training and competition schedule.
  3. Personal meetings do not take place. There is also no entitlement to personal support, especially not by specific persons.
  4. KickAssSports warrants that the training and competition schedules or other fitness, evaluation, or information reports provided are not defective in any way that nullifies or diminishes their value or fitness for their ordinary use. An insignificant diminution in value or fitness shall be disregarded. The Athlete is aware that, according to the state of the art in science and technology, it is not possible to create a training and competition system that is completely free of errors.

§ 2 Cooperation obligations of the athlete

  1. The athlete is willing to accept and implement the planning and other contractual services of KickAssSports with commitment and to generally cooperate in the achievement of their performance goals.
  2. The athlete will adhere to the sporting rules applicable to them without exception and will only use training methods or training aids permitted under the applicable sporting regulations. The athlete hereby expressly declares to actively and personally advocate clean sport without doping and to observe all rules of sporting fair play.
  3. The execution of the training and the compliance with the training plans is the athlete’s own responsibility. If necessary, the athlete will take care of their health on their own responsibility and seek medical advice immediately if they show any signs of illness.
  4. A condition for the use of KickAssSports’ training planning is the athlete’s registration on a training platform specified by KickAssSports (e.g. AZUM) and the creation of an athlete profile in which the athlete’s physical and training data are entered and continuously updated. For this purpose, the athlete concludes a separate contract with the training platform and accepts the terms of use there. Claims in connection with the services of the training platform (e.g. the technical specifications and/or the compatibility with devices, the accessibility of the platform, etc.) are to be clarified exclusively in the relationship with the operator of the platform.
  5. KickAssSports recommends that the athlete has performance diagnostics carried out at the beginning of the training and at regular intervals at their own expense and stores these as part of the profile on the training platform.
  6. The Athlete undertakes to use any training and competition plans or other fitness, evaluation, or information reports made available to them exclusively for personal use and, in particular, not to share them with others.
  7. The athlete must report any defects in connection with the content provided by KickAssSports immediately after discovery and include a specific written description of the defect.

§ 3 Payment

  1. The athlete agrees to pay a monthly lump sum for the training and consulting services covered by this contract under § 1, independent of the athlete’s specific success, the amount of which can be viewed on the website https://kickasssports.de or the KickAssSports store. KickAssSports reserves the right to make price adjustments.
  2. All amounts stated are inclusive of the statutory value-added tax.
  3. KickAssSports will make its training and consulting services available immediately upon receipt of payment authorized by the athlete.
  4. All other costs incurred by the athlete in connection with this contract (e.g. health care, competition, and other travel costs, IT, costs of other service providers, etc.) shall be borne by the athlete themselves at the athlete’s expense and for their account.

§ 4 Contract period / Termination

  1. The contract is valid for an indefinite period.
  2. It can be terminated by either party with a notice period of 2 weeks to the end of the month.
  3. Also, the contract may be terminated by either party at any time with good cause. Good cause shall be deemed to exist in particular if payment of the fees is delayed for more than 2 weeks beyond the due date according to § 3 (2) or if a party culpably breaches a material obligation undertaken by them under this Agreement and fails to remedy the breach within a reasonable period despite a warning. Another reason for termination without notice is if insolvency proceedings are applied for or opened against the assets of a party or if a compulsory enforcement measure is taken which is not lifted within 2 months.
  4. Any notice of termination must be in writing (e-mail, fax, letter).
  5. The athlete’s right to use and make accessible the content provided by KickAssSports also ends with the end of the contract term.

§ 5 Serious breach of contract by the athlete

  1. If the athlete intentionally violates the sporting regulations applicable to him, particularly if a doping violation by the athlete becomes known, KickAssSports is entitled to terminate the contract with immediate effect. The same applies if a sustained suspicion of doping against the athlete arises in the public and the athlete does not immediately remove this suspicion by appropriate, if necessary also judicial, urgent measures.
  2. In the event of a serious breach of contract by the athlete which is likely to have a lasting adverse effect on the reputation of KickAssSports, the athlete shall owe KickAssSports an appropriate contractual penalty, the amount of which shall be determined by KickAssSports at its reasonable discretion and, if necessary, reviewed by the competent court. A contractual penalty shall be forfeited in particular in the event that the athlete has been proven to have committed a doping violation and the athlete has been legally sentenced to a ban from competition regardless of the specific duration.

§ 6 Privacy

  1. The parties undertake to observe the existing data protection regulations, especially those of the German Data Protection Regulation (DS-GVO), the German Federal Data Protection Act (BDSG), and the German Telemedia Act (TMG).
  2. One party shall collect and use personal data of the respective other party exclusively within the scope of the contractual purposes, insofar as this is necessary for the processing of the cooperation of the parties.

§ 7 Liability / Insurance

  1. The athlete is solely responsible for all, especially health effects related to the practice of their sport, both in training and in competitions.
  2. No content of the training and competition plans, or other fitness, evaluation, or information reports provided by KickAssSports constitutes medical advice or diagnosis or can replace medical advice, evaluation, or treatment. If there is any suspicion that use of the content provided by KickAssSports could result in harm to your health, it is imperative that you seek medical advice. In the case of pre-existing injuries or pre-existing medical conditions, the advice of a medical professional must be sought before using the content provided by KickAssSports.
  3. The athlete will insure themselves sufficiently against all risks of their sporting activities at their own decision and expense.
  4. The liability of the parties among themselves is limited in each case to intent and gross negligence and, in the case of breach of essential contractual obligations, to simple negligence. This also applies to the liability of employees, representatives, or vicarious agents of the parties.
  5. The limitation of liability shall not apply to personal injury or claims arising from the initial incapacity or impossibility for which the parties are responsible.
  6. If one of the parties breaches a material contractual obligation, the obligation to pay compensation shall be limited to the foreseeable, contract-typical, and direct average damage. Material contractual obligations are obligations that protect the legal positions of the other party which are essential to the contract and which the contract is intended to grant to the other party in accordance with its content and purpose; furthermore, material contractual obligations are obligations whose fulfilment permits the proper performance of the contract in the first place and on whose fulfilment the other party has regularly relied and may rely on.

§ 8 Other

  1. The contracting parties undertake to treat the contents of this contract, especially the services owed hereunder, confidentially towards third parties. The obligation shall continue to apply after termination of the contract.
  2. KickAssSports reserves the right to change provisions of this agreement at any time and without stating reasons. The main performance obligations to be fulfilled by the parties shall not be affected by these changes. The athlete shall be notified of the amended regulations at least two weeks before they come into force. If the athlete does not object to the validity of the new regulations within four weeks (after receipt of the above-mentioned notification), the amended regulations shall be deemed accepted. KickAssSports will separately point out the significance of this deadline, the right to object, and the legal consequences of silence.
  3. The parties confirm that no verbal ancillary agreements have been made to this agreement. Amendments or supplements to this agreement, including all amendments or supplements to this written form clause, must be agreed in writing, unless a different form is mandatory by law.
  4. This agreement shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
  5. Heidelberg in Germany is agreed as the exclusive place of jurisdiction for all disputes arising from and in connection with this agreement, including its validity, to the extent permitted by law.

§ 9 Safeguarding clause

The invalidity or unenforceability of one or more provisions of this Agreement shall not affect the validity of the remaining provisions of this Agreement. The same shall apply in the event that the agreement does not contain a provision that is necessary in itself. The invalid or unenforceable provision or the gap in the provision shall be replaced by a legally permissible and enforceable provision which, in the opinion of the parties, comes as close as possible to the economic purpose of the invalid, unenforceable or missing provision. The legal meaning of Section 139 of the German Civil Code (BGB) shall not apply.