1. scope of application
The following GTC for services apply to all orders placed via our online store by consumers and entrepreneurs (“orders”).
The following applies to Germany: According to Section 13 of the German Civil Code (BGB), a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.
For Austria: In the following terms and conditions, “consumer” means “consumer” within the meaning of the Consumer Protection Act (KSchG).
The following applies to Switzerland: In the following conditions, “consumer” is understood to mean the “consumer” under Swiss law.
The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.
2 Contractual partner, conclusion of contract, correction options
The contract is concluded with Kickass Sports GmbH.
By placing the products in the online store, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the order process. The contract is concluded when you accept the offer for the products contained in the shopping cart by clicking the order button. Immediately after sending the order, you will receive another confirmation by e-mail.
Contract language, contract text storage
The language(s) available for the conclusion of the contract: German, English
We save the text of the contract and send you the order data and our GTC in text form. For security reasons, the text of the contract is no longer accessible via the Internet.
Subject matter of the contract
The object of the contract is the provision of a service. The creation of a work or the achievement of a certain success is not the subject of this contract.
The specific services to be provided are set out in the applicable product description, which forms an integral part of this contract. Should a need for adjustment arise after conclusion of the contract, additional agreements will be made.
Provision of the service
We provide our services as an independent company. No employment relationship is established, and in this respect there is no right of management or instruction.
Within the agreed scope of services, we provide the service on our own responsibility and at our own discretion. However, we will take your interests into account when organizing the activity.
Unless otherwise agreed, we use our own resources to provide the service.
Each contracting party is responsible for compliance with tax and insurance obligations and other applicable statutory provisions in its own right.
5.1 Making an appointment
If no date for the provision of services has yet been agreed when the contract is concluded via our online store, we will contact you for this purpose after the contract has been concluded.
5.2 Timely and professional execution
We will provide the service professionally and on time.
5.3 Your duty to cooperate
You are obliged to provide the information required for the provision of the service in a timely, truthful and complete manner. This applies if and insofar as the procurement of information does not fall within our scope of duties according to the respective contract content.
You are (also) obliged to provide the following additional acts of cooperation, insofar as they are necessary for the provision of the service: Submit documents on time and in full, attend agreed appointments
5.4 Selection of the service performer
We provide the service at our discretion either in person or through qualified personnel selected by us.
We expressly reserve the right to have services provided by third parties (subcontractors) acting on our behalf.
You are only entitled to select a specific person to provide the service if and insofar as this is expressly stated in the applicable service description.
If and insofar as third parties are used to provide services, we shall remain fully responsible for the performance of the contractual obligations.
Before employing third parties, we shall check their reliability, suitability in terms of professional training, experience and/or ability to provide the contractual services and shall oblige them to do so.
6. termination of contract after provision of services
The contract ends automatically once the agreed service has been provided in full, without the need for termination.
Any extraordinary right of termination without notice for good cause remains unaffected. Good cause shall be deemed to exist if the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period, taking into account all circumstances of the individual case and weighing the interests of both parties.
The following applies to consumers in Germany: The provision of Section 627 BGB remains unaffected.
Notice of termination must be given in text form (e.g. letter, e-mail).
7. payment
The remuneration agreed in each case relates exclusively to the service agreed upon conclusion of the contract. If additional services are requested, further agreements must be made.
If and as long as we are prevented from providing the service, in particular due to illness, accident, etc., we shall not be entitled to any remuneration for this period.
The following payment methods are available in our store.
Credit card
You enter your credit card details during the ordering process. Your card will be charged immediately after placing the order.
PayPal (not available when purchasing Kickass TRI Training)
In order to be able to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), you must be registered with PayPal, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order is placed. You will receive further instructions during the ordering process.
PayPal can offer registered PayPal customers, selected according to its own criteria, further payment methods in the customer account. However, we have no influence on the offering of these modalities; other individually offered payment modalities affect your legal relationship with PayPal. You can find further information on this in your PayPal account.
Apple Pay
In order to be able to pay the invoice amount via the payment service provider Apple Inc, One Apple Park Way, Cupertino, CA 95014, USA (“Apple”), you must use the “Safari” browser, be registered with Apple, have activated the Apple Pay function, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. You will receive further instructions during the ordering process.
Google Pay
In order to be able to pay the invoice amount via the payment service provider Google Ireland Ltd, Gordon House, Barrow Street, Dublin 4, Ireland (“Google”), you must be registered with Google, have activated the Google Pay function, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. You will receive further instructions during the ordering process.
8. right of withdrawal
Consumers are entitled to the statutory right of withdrawal as described in the withdrawal policy. Entrepreneurs are not granted a voluntary right of withdrawal.
Liability for defects
The following applies to consumers in Austria and Switzerland: The law on liability for defects applicable to the contract applies without restriction.
Warranties and customer service
Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online store.
Customer service: You can reach our customer service for questions, complaints and objections on weekdays from 09:00 – 12:00 by e-mail at info@kickasssports.de
9. liability
We are always liable without limitation for claims based on damage caused by us, our legal representatives or vicarious agents
- in the event of injury to life, limb or health,
- in the event of intentional or grossly negligent breach of duty,
- for guarantee promises, if agreed, or
- insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, liability shall be limited to the amount of damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.
10. dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
11. final provisions
If you are an entrepreneur, German law applies.
If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our registered office.
12. additional conditions athlete contract – Kickass Training
General information
Kickass Sports GmbH, Dossenheimer Landstraße 45, 69121 Heidelberg (hereinafter: Kickass Sports) pursues the goal of making the achievements of high-performance sport available to everyone: To create an optimal balance between exertion and regeneration, based on the latest training science findings. To this end, Kickass Sports provides templates from which the athlete can select, compile and plan their training and competition schedule. The plan is intended to accompany and guide the athlete to his/her personal goals in a careful, healthy and enjoyable way. Kickass Sports addresses the athlete on three levels (qualitative, verbal and visual). Kickass Sports’ commitment is designed to help athletes achieve their sporting goals in the best possible way.
By agreeing to the “Conditions of the Athlete Contract – Training”, the contractual partner (hereinafter: athlete) accepts the following provisions:
1 Subject matter of the contract / obligations of Kickass Sports
During the contract period, Kickass Sports supports and advises the athlete in their training and competition planning.
Kickass Sports provides templates from which the athlete can choose and plan their training and competition schedule.
Personal meetings do not take place. There is also no entitlement to personal support, especially not from specific persons.
Kickass Sports warrants that the training and competition plans or other fitness, evaluation or information reports provided do not contain any defects that nullify or reduce their value or suitability for normal use. An insignificant reduction in value or suitability shall not be taken into account. The athlete is aware that it is not possible to create a training and competition system that is completely free of errors according to the state of the art in science and technology.
2 Obligations of the athlete to cooperate
The athlete is willing to accept and implement the planning and other contractual services of Kickass Sports and to generally contribute to 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 and training aids permitted under the applicable sporting regulations. The athlete hereby expressly declares to actively and personally stand up for clean sport without doping and to observe all rules of sporting fair play.
The athlete is responsible for carrying out the training and following the training plans. If necessary, the athlete is responsible for obtaining medical care and seeking medical advice immediately in the event of any symptoms.
The condition for the use of Kickass Sports training planning is the athlete’s registration on a training platform specified by Kickass Sports (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 its terms of use. 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.
Kickass Sports recommends that the athlete has performance diagnostics carried out at the start of training and at regular intervals at their own expense and that these are entered in the profile on the training platform.
The athlete undertakes to use the training and competition plans or other fitness, evaluation or information reports made available to him/her exclusively for personal use 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 upon discovery and combined with a concrete written description of the defect.
3 Remuneration
The athlete undertakes to pay a monthly lump sum for the training and consulting services covered by this contract under § 1, regardless of the athlete’s actual success, the amount of which can be viewed on the website https://kickasssports.de or in the Kickass Sports store. Kickass Sports reserves the right to adjust prices.
All amounts quoted are inclusive of VAT.
Kickass Sports makes its training and consulting services available immediately upon receipt of a 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 at his/her own expense and for his/her own account.
4 Contract term / termination
The contract is concluded for an indefinite period.
It can be terminated at any time. If the contract is terminated within a current billing month, this month will be charged in full and will not be refunded. Of course, the services are available to the athlete until the last day of the current billing month, even in the event of early termination.
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 7 days beyond the due date in accordance with § 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 if a compulsory enforcement measure is taken which is not lifted within 2 months.
Cancellation takes place via the user portal in the AZUM training platform.
The athlete’s right to use and access the content provided by Kickass Sports 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, in particular if a doping violation by 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 public and the athlete does not immediately dispel this suspicion by taking appropriate measures, including urgent legal action if necessary.
In the event of a serious breach of contract by the athlete that is likely to have a lasting negative impact on the reputation of Kickass Sports, the athlete shall owe Kickass Sports an appropriate contractual penalty, the amount of which shall be determined by Kickass Sports at its reasonable discretion and, if necessary, reviewed by the competent court. A contractual penalty is forfeited in particular in the event that the athlete is proven to have committed a doping violation and the athlete has been sentenced to a ban from competition, regardless of the specific duration.
6 Data protection
The parties undertake to comply with the existing data protection regulations, in particular those of the General Data Protection Regulation (GDPR), 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 between the parties.
7 Liability / Insurance
The athlete is solely responsible for all effects, in particular health effects, of practicing 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 the use of the content provided by Kickass Sports could lead to health problems, medical advice must be sought. In the case of pre-existing injuries or illnesses, the advice of a doctor should be sought before using the content provided by Kickass Sports.
The athlete shall insure himself/herself adequately against all risks associated with his/her sporting activities at his/her own discretion and expense.
The liability of the parties to each other shall be limited to intent and gross negligence and, in the event of a 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 does not apply to personal injury or claims arising from initial incapacity or impossibility for which we are responsible.
If one of the parties breaches an essential contractual obligation, the obligation to pay compensation shall be limited to the foreseeable, contractually typical and direct average damage. Material contractual obligations are those obligations that protect the legal positions of the other party which are material to the contract and which the contract must grant it in accordance with its content and purpose; material contractual obligations are also those contractual obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the other party has regularly relied and may rely.
8 Other
The contracting parties undertake to treat the content of this contract, in particular the services owed hereunder, as confidential vis-à-vis third parties. This obligation shall continue to apply after termination of the contract.
Kickass Sports reserves the right to amend the 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 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 are deemed to have been accepted. Kickass Sports will separately point out the significance of this deadline, the right of objection and the legal consequences of silence.
The parties confirm that no verbal collateral agreements have been made to this agreement. Amendments or additions to this agreement, including all amendments or additions to this written form clause, must be agreed in writing, unless a different form is prescribed by law.
This agreement is subject to the law 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 applies in the event that the agreement does not contain a necessary provision. The invalid or unenforceable provision or the loophole shall be replaced by a legally permissible and enforceable provision that comes closest to the economic purpose of the invalid, unenforceable or missing provision in the minds of the parties. The legal concept of § 139 BGB shall not apply.
12.1 Indemnification and declaration of consent
Applies to the Educations, 1:1 Coaching and Performance Diagnostics services.
In order to participate in the event organized by Kickass Sports GmbH, Dossenheimer Landstraße 45 (Hinterhof), 69121 Heidelberg (hereinafter referred to as “Kickass Sports”), it is necessary to carefully read and observe the following conditions. Participation in the event without prior signing of this declaration is not possible.
1. notes:
We would like to point out that participation in the event involves risks and that the risk of injury or damage to property cannot be ruled out. We would also like to point out that this is an event,
- which is physically demanding,
- which are always outdoors
- or within the business premises of Kickass Sports in Heidelberg,
- which is also carried out in bad weather and/or in poor light,
- where clothing and objects worn on the body can become soiled or damaged.
The above list is exemplary and not exhaustive.
2. liability
Participation is at the participant’s own risk. Kickass Sports assumes no liability for health risks of the participant in connection with participation in the event. Each participant must check his/her state of health beforehand or, if necessary, have it checked by a (specialist) doctor and/or cancel the event immediately on his/her own initiative if medical problems become apparent.
Kickass Sports is not liable if the participant violates the instructions of Kickass Sports or its employees, representatives or vicarious agents. The participant assumes unlimited liability for damages caused by willful intent or gross negligence on the part of the participant.
The liability of Kickass Sports is limited to intent and gross negligence as well as to simple negligence in the event of a breach of essential contractual obligations, whereby the obligation to pay compensation is limited to the foreseeable, contract-typical and direct average damage. This also applies to the liability of employees, representatives or vicarious agents of Kickass Sports. The above limitations of liability shall not apply in the event of injury to life, limb or health.
Kickass Sports is not liable for injuries caused by other participants or third parties and accepts no liability for items stored by the participant.
3. data collection and utilization
In accordance with Art. 14 GDPR, we would like to point out that photos and video recordings may be made during the event. We use these for reporting and public relations purposes. The recordings may be published on our website (kickasssports.de) or on our social media profiles.
The legal basis for the processing of photo and video data is Art. 6 para. 1 sentence 1 f) GDPR, as there is a legitimate interest in providing information about the activities of Kickass Sports and documenting the activities. The data processed by us is generally deleted after two years as part of the annual review.
The recipients of this data are internal persons entrusted with public relations at Kickass Sports as well as external press representatives, editorial offices and editorial systems of print media, online media and internationally operating social media providers.
The controller under data protection law is Kickass Sports GmbH, business address: Reichensteinstraße 28, 69151 Heidelberg, represented by the managing directors Philipp Seipp and John-Derek Richter.
You can contact our data protection officer John-Derek Richter at info@kickasssports.de or at the postal address Dossenheimer Landstraße 45 in 69121 Heidelberg.
Please also contact them to exercise your data subject rights in accordance with the GDPR, such as your right to information, rectification, erasure, restriction of processing, objection or data portability. You also have the right to lodge a complaint with a data protection authority.
You can contact the data protection authority responsible for your place of residence or your federal state or the data protection authority responsible for us. This is:
The State Commissioner for Data Protection and Freedom of Information,
Königstraße 10a,
70173 Stuttgart
Tel.: 0711/615541-0,
FAX: 0711/615541-15
E-Mail: poststelle@lfdi.bwl.de.
You can find complete data protection information from Kickass Sports on our homepage (kickasssports.de) in the data protection declaration.
4. final provisions
Should any of the aforementioned provisions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. Invalid provisions shall be replaced by other provisions that are as similar as possible in terms of content. This also applies to this provision.
This agreement is subject to the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. To the extent permitted by law, Heidelberg is agreed as the exclusive place of jurisdiction.
By ticking the box, I declare that I have read the above conditions carefully and in detail and that I expressly agree with their content.
12.2 Exemption from liability and declaration of consent Bike Fitting
In order to participate in a bike fitting at Kickass Sports GmbH, Dossenheimer Landstraße 45 (Hinterhof) in 69121 Heidelberg (hereinafter referred to as “Kickass Sports”), it is necessary to carefully read and observe the following conditions. It is not possible to take part in a bike fitting without first signing this declaration.
1. notes:
We would like to point out that participation in a bike fitting does not exclude the risk of injury or damage to property. We would also like to point out that physical exercises take place in a bike fitting under supervision in the business premises of Kickass Sports GmbH in Heidelberg.
It cannot be ruled out that injuries may occur if the athlete makes an incorrect movement, for which Kickass Sports GmbH is not responsible. In addition, damage may occur to the bike(s) brought along.
The above list is exemplary and not exhaustive.
2. liability
Participation is at the participant’s own risk. Kickass Sports assumes no liability for health risks of the participant in connection with participation in the bike fitting. Each participant must check his/her state of health beforehand or, if necessary, have it checked by a (specialist) doctor and/or cancel the bike fitting immediately on his/her own initiative if medical problems become apparent.
Kickass Sports is not liable if the participant violates the instructions of Kickass Sports or its employees, representatives or vicarious agents. The participant assumes unlimited liability for damages caused by intentional or grossly negligent fault on the part of the participant.
The liability of Kickass Sports is limited to intent and gross negligence as well as to simple negligence in the event of a breach of essential contractual obligations, whereby the obligation to pay compensation is limited to the foreseeable, contract-typical and direct average damage. This also applies to the liability of employees, representatives or vicarious agents of Kickass Sports. The above limitations of liability shall not apply in the event of injury to life, limb or health.
Kickass Sports is not liable for injuries caused by other participants or third parties and accepts no liability for items stored by the participant.
4. data collection and utilization
In accordance with Art. 14 GDPR, we would like to point out that photos and video recordings are made during the bike fitting for analysis purposes. We use these for reporting and public relations purposes. The recordings are stored for our customers and can be published on our website (kickasssports.de) or in the social media profiles we operate.
The legal basis for the storage of customer-specific, physical data is Art. 6 para. 1 sentence 1 a) and b) GDPR. The legal basis for the processing of photo and video data is Art. 6 para. 1 sentence 1 f) GDPR, as there is a legitimate interest in providing information about the activities of Kickass Sports and documenting the activities. The data processed by us on the social media profiles and our website is generally deleted after two years as part of the annual review. The deletion of customer-specific, physical data is carried out in accordance with tax law requirements.
The recipients of this data are internal persons entrusted with customer service and public relations at Kickass Sports and, in the case of public relations, external press representatives, editorial offices and editorial systems of print media, online media and internationally operating social media providers.
The controller under data protection law is Kickass Sports GmbH, business address: Reichensteinstraße 28, 69151 Heidelberg, represented by the managing directors Philipp Seipp and John-Derek Richter.
You can contact our data protection officer John-Derek Richter at info@kickasssports.de or at the postal address Dossenheimer Landstraße 45 in 69121 Heidelberg.
Please also contact them to exercise your data subject rights in accordance with the GDPR, such as your right to information, rectification, erasure, restriction of processing, objection or data portability. You also have the right to lodge a complaint with a data protection authority. You can contact the data protection authority responsible for your place of residence or your federal state or the data protection authority responsible for us. This is:
The State Commissioner for Data Protection and Freedom of Information,
Königstraße 10a,
70173 Stuttgart
Tel.: 0711/615541-0,
FAX: 0711/615541-15
E-Mail: poststelle@lfdi.bwl.de.
You can find complete data protection information from Kickass Sports on our homepage (kickasssports.de) in the data protection declaration.
4. final provisions
Should any of the above provisions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. Ineffective provisions shall be replaced by other provisions that are as similar as possible in terms of content. This also applies to this provision.
This agreement is subject to the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. To the extent permitted by law, Heidelberg is agreed as the exclusive place of jurisdiction.
By ticking the box, I declare that I have read the above conditions carefully and in detail and that I expressly agree with their content.