(“Terms of Use”) – AHEAD-COACH
1 GENERAL
The use of the platform provided by Peter Wehner, located at Rumfordstraße 29 in 80469 München, Germany (hereinafter referred to as “AHEAD-COACH,” “operator,” “we,” “us,” “our”) at the URL www.AHEAD-COACH.com, including all subdomains, as well as the “AHEAD-COACH” app (hereinafter referred to as the “Service”), is subject to these Terms of Use. These terms represent the definitive conditions that govern the service offered by AHEAD-COACH and apply to the user (“user,” “coach,” “trainer,” “player,” “you,” “your”). Deviations from these Terms of Use are only valid if confirmed in writing by us. By registering or accessing our service, you agree to be bound by these Terms of Use.2 SERVICES
2.1.
Our service offers users a variety of features. Among other things, we provide you with access to our coaches, communication tools, and other content that enables you to communicate with coaches or players. As a coach, you can present yourself on the platform and publish your coaching offers. As a player, you can book a coaching session offered on the platform during the specified available times. Additionally, the platform handles the digital payment process between the coach and player and provides both parties (coach and player) with a digital communication channel for the session. The additional hardware required for this (smartphone, wireless headphones, phone holder, etc.) is not provided by AHEAD-COACH. It is the responsibility of the players and coaches, and outside the control of AHEAD-COACH.
2.2.The entitlement to use the service depends on the current state of technology.
a. The service can only be provided if the necessary conditions are met. A stable internet connection is mandatory. This is the responsibility of the players and coaches and is beyond the control of AHEAD-COACH. Additionally, the service cannot be provided if the devices are broken and/or do not have a sufficiently charged battery, thus preventing an established connection between the player and coach.
b. If the session is recorded, explicit consent must be obtained from the player. If the player does not give consent, no recording will take place.
2.3.We reserve the right to temporarily restrict our services if necessary for capacity limits, server security or integrity, or to carry out technical measures, which contribute to the proper or improved provision of services (maintenance work). In such cases, we consider the legitimate interests of the users, including advance notifications.
2.4.The user (player/coach) is responsible for providing all necessary software and hardware (especially end devices, internet connection, compatible web browser software) required for accessing and using our service. The user also agrees that downloading and installing additional software (e.g., plug-ins, applications) may be necessary to access certain content within our service.
a. Currently, we use standard software solutions such as Acuity and Google Meet for booking, payment processing, and communication. We reserve the right to change or expand the content, structure, and user interfaces of the service as long as it does not significantly impair the purpose of use. We will inform the users about these changes accordingly.
3. AUTORIZATION AND REGISTRATION3.1.
Every interested party has the opportunity to register for the use of the service at the URL www.AHEAD-COACH.com. After activating the profile or booking a session, we provide you with the necessary service for conducting the session, and a contract for the use of the service (hereinafter referred to as the “User Agreement”) is concluded between you and us. The same applies to integrated service providers (currently: booking tool Acuity and communication tool Google Meet). All service providers we use are listed in our privacy policy. Users must also agree to their terms of use. There is no entitlement to activation or conclusion of a user agreement.
3.2.Only fully capable natural persons are eligible for registration.
3.3.The data requested by AHEAD-COACH during registration must be provided completely and correctly and updated in case of changes.
3.4.The authorization to use the service resulting from a user account is not transferable to third parties. The user account must not be made available to any other person or used on behalf of or in the name of another person. The login and password must be kept confidential and protected against unauthorized access by third parties. If there is suspicion of misuse by a third party, the user is obliged to inform AHEAD-COACH immediately. Once we become aware of unauthorized use, we will block access by the unauthorized user. Users are generally liable for all activities carried out using their user account unless the user is not responsible for the misuse of their user account due to a lack of due care.
3.5.AHEAD-COACH is entitled to revoke or block a user’s access to the service if there is a reasonable suspicion that the user has violated these terms of use. The user can avoid these measures by providing suitable evidence at their own expense to dispel the suspicion.
3.6.We only carry out limited checks on the data provided during registration since identification of individuals on the internet is only possible to a limited extent. Despite various security measures, it is therefore not excluded that false contact information has been provided for a user account or that such information has changed in the meantime. We also do not verify whether the indicated skill level, qualifications, and experiences of the respective user/coach correspond to the truth.
4. CREATION OF AND PARTICIPATION IN COACHING SESSIONS
4.1.Coaches have the opportunity to offer coaching sessions. Players have the opportunity to book coaching sessions.
4.2.The organization and execution, particularly the booking of a tennis court and a playing partner/feed hitter, are the responsibility of the player who has booked the session. The same applies to the provision of real-time video images of the player being coached and the court via a smartphone and on-court communication via headphones.
4.3.AHEAD-COACH merely handles the technical organization of the session through the service, such as the booking and billing of the session between the coach and player. We do not provide any guarantee or liability for the execution of sessions conducted through our service. AHEAD-COACH has no obligation to ensure the fulfillment of sessions agreed upon between users (coach and player).
5. DUTIES OF THE COACH / PLAYER
5.1.It is the individual’s responsibility to ensure that the information provided during the registration process or when submitting their own content (e.g., coaching offers) is truthful, lawful, and does not violate the rights of third parties.
5.2.The information and content, as well as any images used, must exclusively relate to one’s own content. Advertising for services offered outside the service is generally not permitted. The use of quality seals, trademarks, or other symbols of third parties is prohibited without prior consent from AHEAD-COACH. We reserve the right to review the content and delete any violations of these terms of use.
5.3.Posting of content or setting links should not be done if:
(i) If the information provided is so incomplete that the actual subject matter of the posted content cannot be determined;
(ii) If the content would violate legal regulations, official orders, good morals, or the rights of third parties; the same applies to pornographic or harmful to minors articles, weapons, drugs, propaganda material of anti-constitutional organizations and parties, live animals, etc. Ahead-coach is entitled to remove such content immediately.
5.4.Users are not allowed to use names, addresses, email addresses, and other contact information they have obtained through the use of our service for any purposes other than the intended purpose of the service. In particular, it is prohibited to resell these data or use them for sending advertising unless the respective user has expressly consented to or not objected to it in accordance with applicable legal provisions.
5.5.The user undertakes to refrain from any measures that would endanger or disrupt the functioning of our service. Furthermore, they must ensure that the information and data transmitted through the service are not infected with viruses, worms, or Trojan horses.
a. The coach agrees not to engage in activities on the AHEAD-COACH platform that involve organizing separate sessions with customers of the platform, thus circumventing the existing AHEAD-COACH processes.
6. COMPENSATION
6.1.
The Registration and use of the service itself, including access to the database and search function, are free of charge for the user.
6.2.Participation in a coaching session incurs a fee.
b. Sessions explicitly marked by us, such as a trial session, are exempted. In this case, there is no payment from the user to AHEAD-COACH or from AHEAD-COACH to the coach.
6.3.The user has the option to cancel our service free of charge within 24 hours before the scheduled session.
a. If a cancellation occurs within less than 24 hours before the session or in case of non-appearance at the agreed time, the user agrees to a compensation fee of 50% of the total price. Non-appearance is defined as a delay of more than 15 minutes. After the 15-minute mark, the trainer is allowed to leave the session and demand 100% of the hourly rate.
b. In other cases where a session cannot take place for reasons not attributable to AHEAD-COACH, a full refund is due.
c. In case a coach is at fault for the failure to hold the session as planned, we reserve the right to exclude them from the platform in case of recurring incidents. For individual cases, a flat rate compensation fee of 10 euros will be charged. If the session is canceled due to weather conditions, the player will be fully refunded the purchase price for the session. a. Cancellation due to weather conditions considers the regulations applicable to the court regarding when a tennis court is no longer playable.
6.4.If the session needs to be interrupted due to weather conditions and has lasted less than 30 minutes, we will refund the full purchase price. If the session has lasted more than 30 minutes and then needs to be interrupted, 100% of the price is to be paid.
6.5.You are required to pay the coaching fee before the session. In the case of timely cancellations or valid reasons for session failure mentioned above, a refund of the total amount will be processed.
7. LIABILITY OF AHEAD-COACH
7.1.The liability of AHEAD-COACH for material and/or legal defects, as well as any claims for damages arising from the use of our service, shall be governed by applicable legal provisions.
a. AHEAD-COACH is not responsible for any property damage caused by the user’s own negligence, such as a dropped smartphone on the court.
7.2.Participation in coaching sessions arranged through 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. Furthermore, the following provisions shall apply to the extent that we provide additional services beyond the provision of the service, especially within the scope of our events:
a. We shall be liable without limitation for damages resulting from intentional acts, gross negligence, explicit warranties, mandatory legal liability, and in cases of injury to life, body, or health resulting from a breach of duty.
b. For slight negligence, we shall only be liable in case of a breach of a material contractual obligation. Material contractual obligations are those obligations that we must fulfill according to the content and purpose of the usage agreement and its supplements, the fulfillment of which enables the proper execution of the usage agreement and on which you regularly rely and can trust. Offering coaching sessions or booking coaching sessions and using the provided communication channels are among the material contractual obligations of the usage agreement. The uninterrupted technical availability of the service is not considered a material contractual obligation. These limitations of liability also apply to the benefit of the legal representatives and agents of AHEAD-COACH. The content transmitted by the coaches to the player during the sessions is beyond our control. We do not assume responsibility for inappropriate remarks, harassment, or any other misconduct on the part of the coaches. Such an incident will result in the immediate exclusion of the coach from the AHEAD-COACH platform.
c. To the extent that the service provides the possibility of linking to third-party databases, websites, services, etc., through the inclusion 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. In particular, we shall not be liable for their legality, accuracy, completeness, currency, etc.
7.3.During events organized by or through AHEAD-COACH, it is mandatory to comply with our instructions and guidelines. In case of violations that disrupt the proper course of the event or jeopardize the safety of the participants, we are entitled to exclude the respective participant from the event at any time and/or disqualify them.
8. INDEMNIFICATION
The user shall indemnify AHEAD-COACH from any claims asserted by third parties due to the infringement of their rights or violations of the law arising from the content posted by the user, provided that the user is responsible for such infringement or violation. The user shall also bear the costs of AHEAD-COACH’s legal defense, including all court and attorney fees. In the event of a claim by third parties, the user is obliged to promptly, truthfully, and completely provide AHEAD-COACH with all information necessary for the examination of the claims and for a defense.
9. FINAL PROVISIONS
9.1.
The partial or complete transfer of the user’s rights to third parties is excluded. Only AHEAD-COACH is entitled to transfer its rights and obligations under this contractual relationship, in whole or in part, to a third party, with a notice period of four weeks. We reserve the right to amend these terms of use at any time and without stating reasons. The amended terms will be sent to users by email no later than six weeks before they come into effect. If a user does not object to the validity of the new terms of use within six weeks after receiving the email, the amended terms of use shall be deemed accepted. AHEAD-COACH will inform the user separately in the email containing the amended terms about the possibility of objection and the significance of the deadline. All statements made within the scope of the usage agreement concluded with AHEAD-COACH must be made in writing or by email.
9.2.The law of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods. For users who are merchants within the meaning of the German Commercial Code, public-law special funds, or legal entities under public law, Munich shall be the exclusive place of jurisdiction for all disputes arising from the usage agreement and these terms of use. For users who are consumers, jurisdiction shall be at the user’s respective place of residence. For all disputes arising from the usage agreement and these terms of use, Munich shall be an additional place of jurisdiction for consumers residing in Germany. If individual provisions of these terms of use are wholly or partially invalid or ineffective, the validity of the remaining provisions shall not be affected. The invalid provision shall be deemed replaced by a provision that most closely corresponds to the economic purpose of the invalid provision in a legally effective manner. The same applies to any regulatory gaps. In all other respects, the statutory provisions shall apply unless otherwise agreed.
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