Athlete Terms & Conditions
Mile2Marathon Coaching Inc (“M2M” or “us”) offers a range of coaching and fitness services – comprising personal coaching services and custom training plans (“Coaching Services”) and group workouts either in-person or virtual (“Workouts”) (Coaching Services and Workouts are together the “Services”) each as further described on the http://mile2marathon.com website (“Website”). All Services are provided subject to the following terms and conditions. All or part of the services are performed by a coach (“Coach”) who is assigned to the undersigned individual or to facilitate the Workout (“Athlete” or “you”).
The Coach is an independent contractor of M2M and governed by their respective local or national licensing authority, if applicable, and any separate agreement with you. M2M shall not be responsible for act, omission or otherwise performed by the Coach, whether or not it was performed during the course of the Services.
BY CLICKING THE “PURCHASE NOW”, “GET STARTED” OR SUCH OTHER AFFIRMATIVE BUTTON ON THE WEBSITE YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THIS AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU MAY NOT USE THE SERVICES.
Part A – Coaching Services
1.Coaching Service Fees: Coaching Service fees, as indicated on the Website, are payable in advance each month. By signing this Agreement, Athlete is authorizing M2M to charge his/her card on file for the Coaching Services provided. Athlete is responsible for updating the card on file with M2M to avoid any disruptions in Coaching Services due to non-payment. M2M reserves the right to discontinue or suspend Coaching Services for non-payment and, if necessary, send Athlete’s account to a collection agency. M2M may update the Coaching Service fees on 30 days’ notice to the Athlete.
2. Start-up Fee: The Coaching Services start-up fee is non-refundable and payable within 10 days of accepting this Agreement.
3. Commitment Period: Coaching Services require a minimum of 3 months commitment (“Initial Period”). This means that we will charge your credit card a minimum of 3 months in a row from the start of Coaching Services
4. On Hold: After the Initial Period, you may request to pause your Coaching Services for a maximum of 3 months (“On Hold”). This means that you will maintain your M2M account and connection to your coach but will not be charged your Coaching Services fee during this period. All On Hold requests must be made through your coach and approved in advance. Anything after this 3 month On Hold period will be treated as a cancellation.
5. Cancellation: After the Initial Period, you may cancel or make changes to your Coaching Services on 30 days’ notice to us via your M2M dashboard and to your Coach. Failure to give notice will result in being charged for an additional month of fees. All cancellations must receive approval by your Coach and M2M. You may return to training when you are ready by signing up on the Website. M2M may terminate or amend this Agreement at any time upon 10 days written notice to Athlete. The parties further agree that neither party shall make any disparaging remarks about the other party in the event this Agreement is terminated.
Part B – Workouts
6. Workout Fees: Workout fees, as indicated on the Website, are payable in advance each month. By accepting this Agreement, Athlete is authorizing M2M to charge his/her card on file. Athlete is responsible for updating the card on file with M2M to avoid any disruptions in Workouts due to non-payment. M2M may update the Workout fees on 30 days’ notice to the Athlete.
7. Cancellation: Athletes may cancel their Workouts membership at any time. Athletes will not be entitled to any refunds of Workout fees paid prior to the date of cancellation. Workout memberships shall be valid until the next payment date (so by way of example, if an Athlete’s payment date is 3 January, and cancellation occurs on 15 January, the Athlete’s membership is valid until 2 February). The parties further agree that neither party shall make any disparaging remarks about the other party in the event this Agreement is terminated.
8. Availability of Workouts: M2M shall endeavour to provide Workouts on a weekly basis or as otherwise specified on the Website. However, M2M is not liable for any cancellations due to causes beyond its reasonable control including availability of Coaches, availability of venues, weather conditions or public health or other restrictions. Monthly Workout fees shall remain the same regardless of the number of Workouts made available in any given month.
Part C – General
9. Confidentiality: The Athlete agrees that the Services provided under this Agreement are strictly confidential and may not be disclosed to any third party without the express written consent of M2M, including but not limited to, the materials provided to the Athlete from M2M, the techniques and methodologies utilized by M2M and the substance of the communications between M2M and the Athlete. The Athlete agrees that it shall not reproduce any materials provided to the Athlete by M2M. It is expressly understood and agreed that M2M is the sole and exclusive owner of all concepts, programs, ideas, materials, copyrights, trademarks and other intellectual property rights associated with the Services.
10. Waiver and Release of Liability, Assumption of Risk and Indemnity:
a) The Athlete represents that it is at least 18 years of age. Further, the Athlete understands and agrees that:
- the Services may require intense physical activity; and
- that such participation carries with it certain and inherent and unavoidable risks, including an increased risk of serious illness, injury, paralysis, or even death. With full awareness of such risks, the Athlete agrees that it assumes the risk of participating in the Services.
b) The Athlete certifies that it is physically fit and sufficiently trained for participation in the Services and that it has not been advised against participation by a qualified health professional.
c) The Athlete agrees that it is voluntarily participating in the Services, whether currently, or in the future, with the knowledge of the numerous risks and dangers involved and M2M shall bear no responsibility or liability including, without limitation:
- negligence in any manner on the part of M2M or the Coach in the conduct or arrangement of the Services;
- equipment including, without limitation, selection, assembly, shipping, packing, handling, storage, failures or maintenance;
- physical exertion for which the Athlete is not prepared; and/or
- accident or illness without access to means of rapid evacuation or availability of medical supplies or services and/or the availability or adequacy of medical attention once provided.
d) The Athlete is solely and exclusively responsible for its own mental health, physical health, decisions, and any other actions or inaction the Athlete chooses to take. M2M is not liable for any result or non-result or any consequences which may come about due to the Athlete’s relationship with the Coach. Coaching is not a therapeutic relationship or a medical one. M2M may not provide therapy or medical services and the Athlete is responsible for procuring these services at its own will and discretion if needed.
11. Anti-discrimination and harassment: M2M is committed to providing an environment free of discrimination and harassment, where all individuals are treated with respect and dignity, can contribute fully and have equal opportunities. Every Athlete has a right to claim and enforce their right to a services environment free of harassment and discrimination. We also ask you to report any discriminatory or harassing behaviour you witness or experience to firstname.lastname@example.org. The complaint may be verbal or in writing. No person shall be negatively treated for bringing forward a complaint, providing information related to a complaint, or helping to resolve a complaint.
12. Athlete’s Responsibilities:
- The Athlete hereby agrees to abide by all applicable industry associations and national governing bodies policies and regulations surrounding the non-use of performance enhancing drugs, including any banned substances.
- The Athlete understands and agrees that it is solely responsible for arranging any lodging, transportation, equipment and other related travel accommodations and all expenses needed by it to participate in the Services.
- The Athlete hereby agrees to be responsible for his/her own welfare and accepts any and all risk of delay, unanticipated events, inconvenience, illness, injury, emotional trauma or death.
- The Athlete fully discharges and covenants to M2M that the Athlete, nor any other party on behalf of the Athlete will sue or threaten to sue M2M and agrees to indemnify and save and hold harmless M2M, M2M’s representatives, directors, agents, employees, officers, volunteers, other athletes, any sponsors, advertisers and if applicable, owners and lessors of the premises on which the Services may take place (each considered one of the “releases” herein) from all liability, claims, demands, losses or damages on the Athlete’s account caused or alleged to be caused in whole or in part by the negligence of the releases or otherwise, including negligent rescue operations.
13. Governing Law: This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Ontario, Canada. The courts of Ontario, Canada shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
- The Athlete may not assign his/her rights or delegate his/her duties under this Agreement without the prior written consent of M2M. The Services are not transferable.
- This Agreement, as well as any waiver, constitute the complete and exclusive statement of all mutual understanding between the parties with respect to the subject matter hereof, superseding all prior proposals, communications and understandings, oral or written.
- M2M is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
- All notices and requests in connection with this Agreement may be sent by electronic mail. Correctly addressed notices sent by electronic mail shall be deemed to have been received instantaneously on transmission. Notices shall be addressed to the Athlete as per the electronic mail address details submitted to M2M and to M2M as follows: email@example.com or to such other address as M2M provides to the Athlete.