Conditions Athlete Contract – KickAss Basic

General information

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 his training and competition schedule. The plan should accompany and guide the athlete carefully, healthily and with joy to his personal goals. In doing so, KickAssSports addresses the athlete on three levels (qualitative, verbal and visual). With the commitment of KickAssSports, the athletic goals strived for by the athlete are to be optimally achieved.

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

§ 1 Subject matter of the contract / Obligations of KickAssSports

During the contract period, KickAssSports supports and advises the athlete in his training and competition planning.

For this purpose, KickAssSports provides templates from which the athlete can select and plan his training and competition schedule.

Personal meetings do not take place. There is also no entitlement to personal support, especially not by specific persons.

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 Obligations of the athlete to Cooperate

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 his/her performance goals.

The athlete will adhere to the sporting rules applicable to him/her 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.

The execution of the training and the compliance with the training plans is the athlete’s own responsibility. If necessary, the athlete will seek health care on his or her own responsibility and will seek medical advice immediately if there are any signs of illness.

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 compatibility with devices, accessibility of the platform, etc.) are to be clarified exclusively in the relationship with the operator of the platform.

KickAssSports recommends that the athlete has performance diagnostics carried out at the beginning of the training and at regular intervals at his own expense and that these are stored on the training platform as part of the profile.

The athlete undertakes to use any training and competition plans or other fitness, evaluation or information reports provided to him/her exclusively personally and in particular not to pass them on.

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 Remuneration

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.

All amounts stated are inclusive of the statutory value added tax.

KickAssSports will make its training and consulting services available immediately upon receipt of payment authorized by the athlete.

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 himself/herself at the athlete’s expense and for his/her account.

§ 4 Term of contract / Termination

The contract is concluded for an indefinite period.

It may be terminated by either party with 8 weeks’ notice to the end of the month.

In addition, the contract may be terminated by either party at any time for good cause. Good cause shall be deemed to exist in particular if payment of the remuneration is delayed for more than 2 weeks beyond the due date pursuant to § 3 (2) or if a party culpably breaches a material obligation assumed by it under this Agreement and fails to remedy the breach within a reasonable period despite a warning. It is also a reason for termination without notice if insolvency proceedings are applied for or opened against the assets of a party or a compulsory enforcement measure is taken which is not lifted within 2 months.

Any termination must be in taken over the website.

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

If the athlete intentionally violates the sporting regulations applicable to him, in particular if a doping violation by the athlete becomes known, KickAssSports is entitled to terminate the contract with immediate effect. The same shall apply if a sustained suspicion of doping against the athlete arises in public and the athlete does not immediately remove this suspicion by means of suitable, if necessary also judicial, urgent measures.

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 Data privacy

The parties undertake to observe the existing data protection regulations, in particular those of the German Data Protection Regulation (DS-GVO), the German Federal Data Protection Act (BDSG) and the German Telemedia Act (TMG).

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

The athlete is solely responsible for all, in particular health effects of the practice of his sport both in training and in competitions.

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 event 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.

The athlete will insure himself/herself adequately against all risks of his/her sports practice at his/her own decision and expense.

The liability of the parties among themselves is limited in each case to intent and gross negligence and, in the case of breach of material contractual obligations, to simple negligence. This also applies to the liability of employees, representatives or vicarious agents of the parties.

The limitation of liability shall not apply to personal injury or claims arising from initial incapacity or impossibility for which we are responsible.

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 which protect the legal positions of the other party which are material to the contract and which the contract is intended to grant to the other party in accordance with its content and purpose; material contractual obligations are also obligations the fulfillment of which makes the proper performance of the contract possible in the first place and compliance with which the other party has regularly relied on and may rely on.

§ 8 Miscellaneous

The contracting parties undertake to treat the contents of this contract, in particular the services owed hereunder, confidentially towards third parties. The obligation shall continue to apply after termination of the contract.

KickAssSports reserves the right to amend 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 to have been accepted. KickAssSports will separately point out the significance of this deadline, the right to object and the legal consequences of silence.

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.

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.

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 Severability 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 concept of § 139 BGB shall not apply.