Conditions Athlete Contract – KickAss Basic Tri Summer Special

Terms and Conditions for KickAss Basic Tri Summer Special – Subscription

General

KickAss Sports GmbH, Reichensteinstraße 28, 69151 Neckargemünd (hereinafter: KickAss Sports) 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, KickAss Sports provides templates from which the athlete can choose and compile 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, KickAss Sports addresses the athlete on three levels (qualitative, verbal and visual). With the commitment of KickAss Sports, the athletic goals aimed at by the athlete are to be optimally achieved.

By agreeing to the “Terms of Contract KickAss Basic Tri Summer Special – Subscription”, the contractual partner (hereinafter: athlete) accepts the following regulations:

§ 1 Subject matter of the contract / Obligations of KickAss Sports

Upon conclusion of the KickAss Basic Tri Summer Special subscription, the athlete will receive a rocket bundle and a voucher for an Education place of his/her choice on site. The choices here are Education Run, Swim, Strength or Bike. The voucher is valid until 18.07.2024.

During the contract period KickAss Sports supports and advises the athlete(s) in their training and competition planning. For this purpose, KickAss Sports provides templates from which the athlete can select and compile and plan his/her training and competition schedule.

Personal meetings do not take place. There is also no entitlement to personal support, especially not by specific persons. An exception is the voucher for the education chosen by the athlete.

KickAss Sports warrants that the training and competition plans or other fitness, evaluation or information reports provided are not defective in any way that nullifies or diminishes their value or suitability for 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 Duties of cooperation of the athlete

The athlete is willing to accept and implement the planning and other contractual services of KickAss Sports with commitment and to generally cooperate in the achievement of his/her performance goals.

The Athlete will comply with 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 that he/she actively and personally supports clean sport without doping and will 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 take care of his/her health on his/her own responsibility and will seek medical advice immediately in case of any signs of illness.

The condition for the use of the training plans of KickAss Sports is the registration of the athlete on a training platform specified by KickAss Sports (e.g. AZUM) and the creation of an athlete profile, in which the physical and training data of the athlete 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.

KickAss Sports recommends that the athlete has performance diagnostics performed at the beginning of the training and at regular intervals at his/her own expense and that he/she stores these diagnostics as part of the profile on the training platform.

The athlete agrees 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.

Defects in connection with the content provided by KickAss Sports must be reported by the athlete immediately after discovery and must be accompanied by a concrete written description of the defect.

§ 3 Remuneration

The athlete agrees to pay a monthly lump sum of € 75.00 (in words: seventy-five) for the training and consulting services covered by this contract under § 1, independent of the athlete’s specific success. KickAss Sports reserves the right to adjust prices.

All amounts mentioned are inclusive of VAT.

KickAss Sports will make its training and consulting services available immediately upon receipt of payment authorized by the athlete(s).

All other costs incurred by the athlete(s) in connection with this contract (e.g. health care, competition and other travel costs, IT, costs of other service providers, etc.) will be borne by the athlete(s) at their own expense and for their own account.

§ 4 Term of Contract / Termination

The contract is concluded for an indefinite period.

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

If the subscription is terminated by the athlete, the voucher for Education will expire at the same time, unless the voucher has already been redeemed.

The contract can also 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 in this contract 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 writing (e-mail, fax, letter).

The athlete’s right to use and make available the content provided by KickAss Sports also ends at the end of the contract period.

  § 5 Serious breach of contract by the athlete

If the athlete intentionally violates the sporting regulations applicable to him/her, especially if a doping violation of the athlete becomes known, KickAss Sports 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 suitable, if necessary also judicial, urgent measures.

In case of a serious breach of contract by the athlete(s), which is likely to have a lasting impact on the reputation of KickAss Sports, the athlete(s) owes KickAss Sports an appropriate contractual penalty, which is to be set by KickAss Sports at its reasonable discretion and, if necessary, to be reviewed in terms of amount by the competent court. A contractual penalty is 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 Protection

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 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, especially health effects of the practice of his/her sport both in training and in competitions.

No content of the training and competition plans or other fitness, evaluation or information reports provided by KickAss Sports 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 KickAss Sports could result in harm to your health, it is imperative that you seek medical advice. In the case of pre-existing injuries or illnesses, medical advice must be sought before using the content provided by KickAss Sports.

The athlete will adequately insure him/herself against all risks of his/her sporting activities 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 essential 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 fulfilment of which makes the proper performance of the contract possible in the first place and on the fulfilment of which the other party has regularly relied and may rely.

  § 8 Miscellaneous

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

KickAss Sports 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 will be informed 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. KickAss Sports will separately point out the importance of this period, the right to object and the legal consequences of silence.

The parties confirm that no verbal side 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.