The General Terms and Conditions were last updated on November 15, 2023.
These terms and conditions apply to this website and to transactions relating to our products and services. You may be bound by additional contracts relating to your relationship with us or to products or services you receive from us. If any provisions of the additional contracts conflict with any provisions of these Terms and Conditions, the provisions of those additional contracts will prevail.
The use of the platform of Lucas Heiser, Jakob-Klar-Str. 3 in 80796 Munich (hereinafter: “AHEAD-COACH”, “Operator”, “we”, “us”, “our”) under the URL www.AHEAD-COACH.com including all subdomains as well as the “AHEAD-COACH” app (hereinafter: “Service”) is subject to these Terms of Use. They contain the final terms and conditions applicable between AHEAD-COACH and the user (hereinafter: “user (“coach”, “trainer”, “player”, “you”, “you”, “your”) for the service offered by us. Any provisions deviating from these Terms of Use shall only apply if they have been confirmed by us in writing. By registering or accessing our service, you agree to the validity of these Terms of Use.
a. Our service offers users a variety of functions. Among other things, we provide you with access to our coaches and communication tools and other content that enables you to communicate with coaches and players. You can present yourself as a coach on the platform and publish your coaching offers. As a player, you can book a coaching session offered on the platform for the free times specified by the platform. The platform also handles the digital payment process between coach and player and provides both (coach and player) with a digital communication option for the session. The additional hardware (smartphone, wireless headphones, cell phone holder, etc.) is not provided by AHEAD-COACH. This is the responsibility of the players and coaches and is beyond the control of AHEAD-COACH.
b. The entitlement to use the service depends on the state of the art. The service can only be provided if the general conditions allow it. For example, a stable internet connection must be available. This is the responsibility of the players or coaches and is beyond the control of AHEAD-COACH. The service can also not be provided if the devices are broken and/or do not have a sufficiently charged battery and therefore an existing connection between player and coach is not guaranteed. If the session is recorded, the player must be expressly asked whether he/she consents to the recording. If they do not give their consent, the session will not be recorded.
c. We reserve the right to temporarily restrict our services if this is necessary regarding capacity limits, the security or integrity of the servers or to carry out technical measures and this serves the proper or improved provision of the services (maintenance work). In these cases, we consider the legitimate interests of users, e.g., by providing advance information.
d. The user (player/coach) is responsible for the provision of all software and hardware (end devices, internet connection, compatible web browser software) that is necessary for accessing or using our service. The user also agrees that it may be necessary to download and install additional software (e.g. plug-ins, applications) in order to gain access to certain content within our service. We currently use standard software solutions such as Acuity and Google Meet for booking, payment processing and communication.
e. We reserve the right to change or expand the content and structure of the Service and the associated user interfaces if this does not or does not significantly impair the fulfillment of the purpose of use. We will inform users of these changes accordingly.
a. Every interested party can register for the use of the Service at the URL www.AHEAD-COACH.com. After activating the profile or booking a session, we will provide you with the service required to carry out the session and a contract will be concluded between you and us for the use of the service (hereinafter: “user contract”). The same applies to integrated service providers (currently: booking tool Acuity and communication tool Google meet). All service providers that we use are listed in our privacy policy. The user must also agree to their terms of use. There is no entitlement to activation or to the conclusion of a user contract.
b. Only natural persons with unlimited legal capacity are entitled to register.
c. The data requested by AHEAD-COACH as part of the registration process must be provided completely and correctly and updated in the event of changes.
d. The authorization to use the service resulting from a user account is not transferable to third parties. The user account may also not be made available to another person or used for another person in their name or under their name. The login and password must be kept secret and protected from unauthorized access by third parties. In the event of suspected misuse by a third party, the user is obliged to inform AHEAD-COACH immediately. As soon as we become aware of the unauthorized use, we will block the unauthorized user’s access. Users are generally liable for all activities that are carried out using their user account unless the user is not responsible for the misuse of their user account because there has been no breach of the existing duty of care.
e. AHEAD-COACH is entitled to withdraw or block a user’s access to the service if there is reasonable suspicion that he has violated these terms of use. The user can avert these measures if they dispel the suspicion by providing suitable evidence at their own expense.
f. We only check the data entered during registration to a limited extent, as the identification of persons on the Internet is only possible to a limited extent. Despite various security precautions, it cannot be ruled out that incorrect contact details have been entered for a user account or that these have changed in the meantime. We also do not check whether the stated playing strength, qualifications and experience of the respective user/trainer are true.
a. Coaches have the opportunity to offer coaching sessions. Players have the opportunity to book coaching sessions.
b. The organization and implementation, in particular the booking of a tennis court and a playing partner/player, is the responsibility of the respective player who has booked the session. The same applies to the provision of real-time video images to the player to be coached and the court via smartphone and on-court communication via headphones.
c. AHEAD-COACH only takes over the technical organization of the session via the service, e.g. the booking and billing of the session between coach and player. We assume neither a guarantee nor liability for the execution of the sessions handled via our service. Ahead-coach is under no obligation to ensure the fulfillment of the session between the users (coach and player).
a. It is your own responsibility to ensure that the information you provide during the registration process or when posting your own content (e.g. coaching offers) is truthful, lawful and does not infringe the rights of third parties.
b. The details and information as well as any images used may only refer to own content. Advertising for services offered outside the service is generally not permitted. The use of seals of approval, trademarks or other symbols of third parties is not permitted without the prior consent of AHEAD-COACH. We reserve the right to check the content and to delete it in the event of violations of these terms of use.
c. Content may not be posted, or links placed if the information is so incomplete that the actual subject of the posted content cannot be determined or the content would violate legal regulations, official orders, morality or the rights of third parties; the same applies to pornographic or youth-endangering articles, weapons, drugs, propaganda material of anti-constitutional organizations and parties, live animals, etc. AHEAD-COACH is entitled to remove such content immediately. AHEAD-COACH is entitled to remove such content immediately.
d. Users may not use names, addresses, e-mail addresses and other contact data obtained with our service for any purpose other than the purpose intended by the service. It is prohibited to resell this data or use it to send advertising, unless the respective user has expressly consented to this in advance in accordance with the applicable statutory provisions or has not objected to it.
e. The user undertakes to refrain from all measures that jeopardize or disrupt the functioning of our service. Furthermore, he must ensure that his information and data transmitted via the service are not infected with viruses, worms, or Trojan horses. The Coach agrees that by becoming active on the AHEAD-COACH platform, he will refrain from organizing his own sessions with customers of the platform and thus bypassing the existing AHEAD-COACH processes.
By registering, accessing, or otherwise using this website, you hereby agree to be bound by these terms and conditions set out below. The mere use of this website implies knowledge and acceptance of these terms and conditions. In certain cases, we may also ask you to expressly agree to them.
By using this website or communicating with us electronically, you agree and acknowledge that we may communicate with you electronically or send you an email on our website and agree that all agreements, notices, disclosures, and other communications that we send to you electronically satisfy any legal requirement. Includes, but is not limited to, the requirement that such communications be in writing.
We or our licensors own and control all copyright and other intellectual property rights on the Website and the data, information and other resources displayed or accessible on the Website.
Copying, distribution and other use of these materials is not permitted without our written permission.
Notwithstanding the above, you may forward our newsletter in electronic form to other persons who may be interested in visiting our website.
Our website may contain hyperlinks or other references to websites of other parties. We do not monitor or review the content of other parties’ websites linked to from this website. Products or services offered by other websites are subject to the terms and conditions of those third parties. We do not necessarily share or endorse any opinions or materials expressed on these websites. We are not responsible for the privacy practices or the content of these websites. You bear all risks associated with the use of these websites and related third-party services. We accept no responsibility for any loss or damage of any kind arising from your disclosure of personal data to third parties.
By visiting our website, you agree to use it only for the purposes intended and permitted by these Terms, additional agreements with us, and applicable laws, regulations and generally accepted online practices and industry guidelines. You must not use our website or services to use, publish or distribute material that consists of (or is linked to) malicious computer software. Use data collected on our website for direct marketing activities or conduct any systematic or automated data collection activities on or in relation to our website. Participation in activities that cause or may cause damage to the website or impair the performance, availability or accessibility of the website is strictly prohibited.
a. Registration and use of the service itself, including access to the database and the search function, are free of charge for the user.
b. Participation in a coaching session is subject to a fee.
c. Sessions explicitly marked by us, such as a trial session, are excluded. In this case, there is neither a payment flow from the user to AHEAD-COACH nor from AHEAD-COACH to a coach.
d. The user has the option of canceling our service free of charge within 24 hours before the planned session. If the user cancels less than 24 hours before the session, he/she agrees to pay 50% of the total price. The same applies to a no-show at the agreed time. A delay of more than 15 minutes is considered a “no-show”. After 15 minutes, the trainer is permitted to leave the session and claim 100% of the hourly rate. In the event of other reasons for a cancellation that are not the fault of AHEAD-COACH, the full amount is due for reimbursement. If the session is not held as planned due to the fault of a coach, we reserve the right to exclude the coach from the platform in the event of a repeat offense. We charge a flat-rate expense allowance of 10 euros for individual cases.
e. If the lesson is canceled due to weather conditions, the player will be fully refunded the purchase price for the session. A lost hour includes consideration of the regulations applicable on the court from when a tennis court is no longer considered playable. If the session has to be canceled due to weather conditions, we will refund the player the full purchase price if the session ran for less than 30 minutes. If the session was held for more than 30 minutes and then must be canceled, 100% of the price must be paid.
f. You pay the coaching fee before the session. If you cancel within the deadline or for the above-mentioned valid reasons, the total amount will be refunded.
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period expires after 14 days from the date of conclusion of the contract.
To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can find our contact details below. You can use the attached sample withdrawal form, but this is not obligatory.
If you use this option, we will immediately send you a confirmation of receipt of such a revocation on a durable medium (e.g. by e-mail).
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
If you withdraw from this contract, we will refund all payments received from you, including delivery costs (with the exception of any additional costs resulting from your choice of a delivery method other than the least expensive standard delivery method offered by you), without undue delay and in any event no later than 14 days from the day on which we are informed of your decision to withdraw from this contract. We will make this refund using the same means of payment that you used for the original transaction unless you have expressly agreed otherwise. In any case, no fees will be charged for this refund. If you have started to provide the service during the withdrawal period, you will pay us an amount in proportion to the services provided until you have notified us of your withdrawal from this contract in comparison to the full coverage of the contract. Please note that there are some legal exceptions to the right of withdrawal and some items can therefore not be returned or exchanged. We will inform you if this applies in your specific case.
Do not submit any ideas, inventions, works of authorship or other information that may be considered your own intellectual property that you wish to present to us unless we have previously signed an intellectual property agreement or a non-disclosure agreement. If you provide this to us without such a written agreement, you grant us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate, and distribute your content in any existing or future media.
We may, in our sole discretion, modify or discontinue, temporarily or permanently, access to the Website or any service on the Website at any time. You agree that we shall not be liable to you or any third party for any such modification, suspension, or discontinuance of your access to or use of the Website or any content you may have shared on the Website. You will not be entitled to any compensation or other payment even if certain features, settings and/or content that you have contributed or relied upon are permanently lost. You must not circumvent or attempt to circumvent any access restriction measures on our website.
Nothing in this section shall limit or exclude any warranty implied by law which it would be unlawful to limit or exclude. This website and all content on the website are provided “as is” and “as available” and may include inaccuracies or typographical errors. We expressly disclaim all warranties of any kind, express or implied, as to the availability, accuracy, or completeness of the content.
We do not guarantee that:
Nothing on this website constitutes or is intended to constitute legal, financial, or medical advice of any kind. If you need advice, you should consult an appropriate professional.
The following provisions of this section apply to the maximum extent permitted by law and do not limit or exclude our liability in respect of any matter which it would be unlawful or illegal for us to limit or exclude our liability. In no event will we be liable for any direct or indirect damages (including damages for loss of profits or revenue, loss of or damage to data, software or database, or loss of or damage to property or data) suffered by you or any third party arising out of your access to or use of our website.
Except as otherwise expressly provided in an additional agreement, our maximum liability to you for all damages arising out of or related to the Site or products and services marketed or sold through the Site, regardless of the form of legal action that imposes liability (whether in contract, equity, negligence, willful misconduct, tort or otherwise) will be limited to the total price you paid to us to purchase such products or services or to use the Site. This limitation applies in the aggregate to all your claims, actions and causes of action of every kind and nature.
The liability of AHEAD-COACH for material defects and/or defects of title as well as any claims for damages in the context of the use of our service is governed by the statutory provisions. AHEAD-COACH is not responsible for any damage to property caused by its own fault, such as a dropped smartphone, on the course.
Participation in coaching sessions via the service is at the participant’s own risk and each participant is obliged to assess their own health requirements for participation in the respective event, if necessary, after consulting a doctor. In all other respects – insofar as we provide further services beyond the provision of the service, within the framework of our event – the following provisions apply:
In the event of intent or gross negligence as well as in the event of the express assumption of a guarantee or in the event of mandatory statutory liability as well as in the event of injury to life, limb, or health, we shall be liable without limitation for damages arising from the breach of duty. We shall only be liable for slight negligence in the event of a breach of a material contractual obligation. Material contractual obligations are those obligations which we are obliged to perform in accordance with the content and purpose of the contract of use and its addenda, the fulfillment of which is essential for the proper performance of the contract of use and on the observance of which you regularly rely on and may rely. The essential contractual obligations of the contract of use include offering coaching sessions or booking coaching sessions and using the communication channels provided. The essential contractual obligations of the contract of use do not include the uninterrupted technical availability of the service. These limitations of liability also apply in favor of the legal representatives and vicarious agents of AHEAD-COACH. The content that the coaches transmit to the player during the sessions is beyond our control. We accept no responsibility for inappropriate comments, harassment, or other misconduct on the part of the coaches. Any such incident will result in the immediate exclusion of the coach from the AHEAD-COACH platform.
Insofar as the Service offers the possibility of forwarding to databases, websites, services, etc. of third parties, e.g. through the posting of links or hyperlinks, AHEAD-COACH shall not be liable for the accessibility, existence or security of these databases or services, nor for their content. To the extent that the Service provides links to third-party databases, websites, services, etc., AHEAD-COACH shall not be liable for the accessibility, existence or security of such databases or services, nor for the content thereof. We are not liable for the legality, accuracy, completeness, up-to-datedness, etc. of their content.
Within the framework of events organized by AHEAD-COACH, our instructions, guidelines, and instructions must be followed at all times. In the event of violations that could disrupt the orderly running of the event or jeopardize the safety of the participants, we are entitled to exclude the participant concerned from the event and/or disqualify them at any time.
To access our website and/or services, you may be required to provide certain information about yourself as part of the registration process. You agree that all information you provide will always be accurate, correct and up to date.
We have developed a policy to address any privacy concerns. You can find more information in our privacy policy and in our cookie policy.
We are committed to making the content we provide accessible to people with disabilities. If you have a disability/impairment that prevents you from accessing any part of our website, please send us a message with a detailed description of the problem you are experiencing. If the problem can be easily identified and resolved using industry standard information technology tools and techniques, we will promptly resolve it.
Access to the Website from territories or countries where the content or purchase of products or services sold on the Website is illegal is prohibited. You may not use this website in violation of the export laws and regulations of Germany.
You may not assign, transfer, or subcontract any of your rights and/or obligations under these Terms and Conditions, in whole or in part, to any third party without our prior written consent. Any purported assignment in violation of this section shall be null and void.
Notwithstanding our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, we may take such action as we deem appropriate to deal with the breach, including temporarily or permanently suspending your access to the Website and contacting your internet service provider to request that they block your access to the Website and/or take legal action against you.
Except for the obligation to pay, any delay, default, or omission by a party in the performance or observance of any of its obligations under this Agreement shall not be deemed a breach of these Terms and Conditions if and so long as such delay, default or omission is for a reason beyond the reasonable control of that party.
You agree to indemnify, defend, and hold us harmless from and against any and all claims, liabilities, damages, losses and expenses relating to your breach of these Terms and Conditions and applicable laws, including intellectual property rights and privacy rights. You will promptly reimburse us for our damages, losses, costs, and expenses in connection with or arising from such claims.
Failure to enforce any of the provisions of these Terms and Conditions and any Agreement or failure to exercise any option to terminate shall not be deemed a waiver of such provisions and shall not affect the validity of these Terms and Conditions or any such Agreement or any part thereof or the right thereafter to enforce each provision.
These General Terms and Conditions shall be interpreted and construed exclusively in German and English. All notices and correspondence shall be written exclusively in this language.
These Terms and Conditions, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Lucas Heiser in relation to your use of this website.
We may update these Terms and Conditions from time to time. You are required to check these Terms and Conditions regularly for changes or updates. The date indicated at the beginning of these Terms and Conditions is the last revision date. Changes to these Terms and Conditions will become effective as soon as such changes are posted on this website. Your continued use of this website following the posting of any changes or updates will be deemed to indicate your agreement to abide by and be bound by these Terms and Conditions.
These General Terms and Conditions are subject to the laws of Germany. The courts of Germany shall have jurisdiction over all disputes arising in connection with these Terms and Conditions. If any part or provision of these Terms and Conditions is found by any court or other authority to be invalid and/or unenforceable under applicable law, that part or provision will be modified, deleted and/or enforced to the maximum extent permissible to give effect to the intent of these Terms and Conditions. The remaining provisions shall remain unaffected.
This website is owned and operated by Lucas Heiser.
You can contact us regarding these terms and conditions in writing or by e-mail to the following address info@ahead-coach.com, Jakob-Klar-Str. 3 in 80796 Munich.
You can also download our Terms and Conditions as a PDF file here.