CoachPerHour Ltd (hereby referred to as “CoachPerHour”, “we”, “us” or “our”) is the provider of an online platform connecting sports and fitness instructors and other Session providers with those seeking sports and fitness coaching session (the “Services”).
The Services are accessible at www.coachperhour.com and any other websites or mobile applications through which CoachPerHour makes its Services available (collectively known as the “Website”).
By using the Website, you agree to comply with and be legally bound by these terms and conditions (the “Terms”), regardless of whether or not you become a registered member of the Website.
Please be advised that if you do not agree to these Terms, you may not obtain information from or continue to use the Website. You may be subject to civil and criminal penalties in you fail to use the Website in accordance with these Terms.
The Website and Services are an online platform through which an Instructor/Coach (defined below) may create Profiles (defined below) and Clients/Athletes (defined below) may view Coaches’ Profiles and book sessions with an Instructor/Coach.
By using the Website and Services, you understand and agree that CoachPerHour is not party to any agreements entered into between Instructors and Client, nor is CoachPerHour a Sports Session broker, agent or insurer. CoachPerHour has no control over the conduct of Instructors, Members and other users of the Website and Services or any Activities. CoachPerHour disclaims all liability in this regard.
“Instructor” or “Coach” means a Member who creates a Profile and Event via the Website and Services.
“Athlete” or “Client” means a Member who requests a booking of an Event via the Website or Services, or a Member who attends an Event and is not the Instructor for such Event.
“Member” means a person who completes CoachPerHour’s account registration process, including, but not limited to Instructors/Coaches and Client/Athletes, as described under “Account Registration” below.
“Event” means a sports session that is listed by an Instructor as available to users via the Website and Services, together with any associated CoachPerHour Account profile page of an Instructor.
“Member Content” means all text, graphics, images, music, software, audio, video, information or other materials that a member posts, uploads, publishes or submits to be made available through the Website or Services.
“Website Content” means all CoachPerHour Content as well as all Member Content.
“Sports Session” means a sports and fitness session delivered through on demand and scheduled courses, classes and lessons by an individual instructor, coach, trainer, centre, school, organisation or other Session provider.
“Tax” or “Taxes” means any sales taxes, value added taxes (VAT) and personal income taxes.
“CoachPerHour Content” means all text, graphics, images, music, software, audio, video, information or other materials that CoachPerHour makes available through the Website or Services, including any content licensed from a third party, but excluding Member Content.
Certain areas of the Website (and your access to or use of certain aspects of the Services or Website Content) may be liable to different terms and conditions. In this event, such terms will be posted and you may be required to agree with and accept these additional terms and conditions. The latter (additional) Terms will take precedence with respect to your use of and access to that specific area of the Website, Services and Website Content.
By accessing or using the Website or Services, or downloading content from or posting content to the Website, or through the Services, you acknowledge that you have read, understand and agree to be bound by these Terms, whether or not you have registered as a Member of the Website.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
CoachPerHour reserves the right, at its sole discretion, to modify the Website or Services, or to modify these Terms, including the Service Price, at any time and without prior notice. If we modify these Terms, we will post the modification on the Website or provide you with notice of the modification. We will also amend the last updated date at the top of these Terms. By continuing to access or use the Website or Services after we have posted a modification on the Website or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only option is to cease using the Website and Services with immediate effect.
The Website and Services are intended solely for persons who are 18 or older. Any access to or use of the Website or Services by anyone under 18 is expressly prohibited. By accessing or using the Website or Services, or by registering as a Member, you represent and warrant that you are 18 or older. Any person under the age of 18 wishing to book a Session with an Instructor must be accompanied by a parent/guardian or adult. Any communication with an instructor through the Website must also be conducted by the appropriate adult.
How the Website and Services Work
The Website and Services can be used to access the Coach Profile, facilitate an Event and to book the session with a Coach. Such Sports Session are included in Activities on the Website and Services by Instructors. You may view Coach Profiles and Coach Events as an unregistered visitor to the Website and Services; however, if you wish to book a Session with a Coach, communicate with an Instructor, participate in an Event, or leave a comment about a Coach, you must register to create a CoachPerHour Account (defined below).
As stated above, CoachPerHour makes available a platform for Athletes and Instructors to meet online to arrange bookings of Sports Sessions. CoachPerHour is not a provider of sports and fitness sessions, including, but not limited to, courses, lessons, classes, sessions or other session offerings.
CoachPerHour is not a provider of sports facilities, including, but not limited to, football pitches, tennis courts, golf courses, squash courts, halls, gymnasiums, swimming pools or other leisure facilities.
CoachPerHour does not own, sell, re-sell, provide, rent, re-rent, manage or control sports equipment, including, but not limited to, rackets, clubs, skis, bats, balls and boats, nor does it provide transportation, lodging or any travel services.
Similarly, CoachPerHour is not a contracting agent or representative of any Instructor. Instead, CoachPerHour’s role is solely to facilitate the availability of the Website and Services for Members and to provide its related Services.
Please note that, as stated above, the Website and Services are intended to be used to facilitate the booking of a Sports Session. CoachPerHour does not control the Member content contained in a Members’ Profile, Activities and the condition, legality or suitability of any Sports Sessions.
CoachPerHour is not responsible for and disclaims any and all liability related to any and all Activities and Sports Sessions. Accordingly, any bookings will be made at the Member’s own risk.
In order to access certain features of the Website, create a Coach Profile, create an Event and to book Sport Session with a Coach, you must register to create an account (“CoachPerHour Account”) and become a Member. You may register to join the Services directly via the Website.
We will create your CoachPerHour Account and your CoachPerHour Account Profile page for your use of the Website based upon the personal information you provide.
You may not hold more than one active CoachPerHour Account. You agree to provide accurate, current and complete information during the registration process and to update such information as necessary in order to keep it accurate, current and complete.
CoachPerHour reserves the right to suspend or terminate your CoachPerHour Account and your access to the Website and Services if you create more than one CoachPerHour Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.
It is your sole responsibility to safeguard your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your CoachPerHour Account, whether or not you have authorised such activities or actions. You will immediately notify CoachPerHour of any unauthorised use of your CoachPerHour Account.
Sports Session Activities
As a Member, you may create an Event. To this end, you will need to include a specific information about the Sports Event to be listed, including, but not limited to, the location, capacity, duration, features and availability of the Sports Session. You must also list the pricing, related rules and financial terms.
In order to be featured in Activities via the Website and Services, you must provide your full name, telephone number and registered address. Activities will be made publicly available via the Website and Services. Other Members will be able to book your Sports Session via the Website and Services based upon the information provided in your Event listing. You understand and agree that once a Client requests a booking of your Sports Session, the price for such booking may not be increased or decreased.
You acknowledge and agree that you are solely responsible for any and all content, activities and events you post. Additionally, you agree that any Event you post and the booking of, or Client attendance at, any Sports Session in an Event you post:
will not breach any agreements you have entered into with any third parties and
(b) will (i) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Sports Session included in an Event you post, and (ii) not conflict with the rights of third parties.
Please note that CoachPerHour assumes no responsibility for an Instructor’s compliance with any applicable laws, rules and regulations.
You understand and agree that CoachPerHour does not act as an insurer or as a contracting agent for, or representative of, you as an Instructor, and if a Client requests a booking of your Event and attends your Sports Session, any agreement you enter into with such a Client is between you and the Client and CoachPerHour is not a party thereto.
Please note that CoachPerHour reserves the right, at any time and without prior notice, to remove or temporarily disable access to any Event for any reason, including Activities that CoachPerHour, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Website or Services.
CoachPerHour makes certain tools available to Instructors to help them make informed decisions about which Members to choose to confirm for bookings for Sports Sessions. You acknowledge and agree that, as an Instructor, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who instruct at or are present at the Sports Session at your request or invitation, excluding the Client (and the individuals the Client invites to join the Sports Session, if applicable.)
CoachPerHour recommends that Instructors and Athletes obtain appropriate insurance for their Sports Session. Please review any insurance policy that you may have for your Sports Session carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Instructors and Athletes (and the individuals the Client invites to join the Sports Session, if applicable) whilst attending your Sports Session.
CoachPerHour does not endorse any Members or any Sports Session. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity (though our third party payment providers may do so). We do not confirm whether they have the required and appropriate insurances, qualifications or experience to instruct or attend the Sports Session.
You are responsible for determining the identity and suitability of others who you contact via the Website and Services. We will not be responsible for any damage or harm resulting from your interactions with other Members. By using the Website or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on, or seek any legal remedy from CoachPerHour with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Website and Services regarding any bookings or Activities made by you.
Bookings and Financial Terms
If you are an Instructor and a booking is requested for your Sports Session via the Website and Services, you will be asked to either confirm or reject the booking or respond with suggested times for a booking within 48 hours of when the booking is requested (as determined by CoachPerHour at its sole discretion).
When a booking is requested via the Website and Services, we will share with you
(a) the name of the Client who has requested the booking and the names of any individuals the Client invites to join the Sports Session, if applicable
(b) a link to the Client’s CoachPerHour Account profile page so that you can view such information before confirming or rejecting the booking, and
(c) a message from the Client, if applicable.
If you decide to reject a booking of Sports Session, any amounts collected for the requested booking will be refunded to the applicable Client’s PayPal account and any pre-authorisation will be released.
If the booking request is for an on-demand lesson, or if you are unable to respond to a Client within 48 hours of the booking request but you decide to accept the booking, or you wish to have further correspondence with the Client, the Client will be required to re-confirm the booking before the booking is confirmed.
When you and the Client have accepted a booking request, CoachPerHour will send you an email or message via the Website confirming the booking.
If a booking is not confirmed within 30 days of the date when the booking request is first made, then the booking will be automatically cancelled and any amounts collected for the requested booking will be refunded to the applicable Client’s PayPal or account and any pre-authorisation will be released.
The “Total Price” displayed in each Event are comprised of the Sports Session Price (defined below) and the Service Price (defined below). Note that it is the Instructor and not CoachPerHour which determines the Total Price.
CoachPerHour charges a fee to Instructors as a percentage of the applicable Total Price to cover CoachPerHour’s costs to maintain, develop the Website and Services and process any payments via the Website and Services plus any applicable Taxes (the “Service Price”). The minimum Service Fee shall be £0.50 per booking. Service Prices are non-refundable.
At the time of a booking request, CoachPerHour or its third party payment provider will obtain a pre-authorisation via the Client’s PayPal or other payment method for the Total Price or charge the Client a nominal amount.
Balances may be remitted to Instructors via cheque, PayPal, direct deposit or other payment methods described on the Website. CoachPerHour accepts only GBP.
Please note that CoachPerHour does not currently charge a fee for the creation of Account and Activities. However, you acknowledge and agree that CoachPerHour reserves the right, at its sole discretion, to charge you for and collect fees from you for the creation of an Account and Activities. Please note that CoachPerHour will provide notice of any Event fee collection via the Website and Services, prior to implementing such an Event fee.
The Instructor, not CoachPerHour, is solely responsible for honouring any confirmed bookings and making available any Sports Session reserved through the Website and Services. If you, as a Client, choose to enter into a transaction with an Instructor for the booking of Sports Session, you agree and understand that you will be required to enter into an agreement with the Instructor and you agree to accept any terms, conditions, rules and restrictions associated with such Sports Session imposed by the Instructor. You acknowledge and agree that you, and not CoachPerHour, will be responsible for performing the obligations of any such agreements, and CoachPerHour is not a party to such agreements and disclaims all liability arising from or related to any such agreements.
If you, as a Client, choose an applicable Instructor for the Sport Session, you are solely responsible to pay the Total Price for a Sport Session package you choose.
A Sports Session package will specify the Total Price. As noted above, the Instructor is asked to either confirm or reject the booking within 48 hours of when the booking is requested or the requested booking will require you as a Client to re-confirm the booking for it to proceed. If a requested booking is rejected or cancelled by the applicable Instructor, any amounts collected by CoachPerHour will be refunded to you, and any pre-authorisation will be released, if applicable.
In consideration for providing the Services, CoachPerHour collects Service Fees. Where applicable, Taxes may also be charged in addition to the Service Fee. Service Fees are deducted from the Total Price before remitting the Sports Session Price to the Instructor after the Sports Session commences.
Cancellations and Refunds
If, as a Client, you cancel your requested booking made via the Website and Services before it is confirmed by an Instructor, CoachPerHour will refund the Total cost collected or cancel any pre-authorisation provided for such requested booking.
If, as a Client, you cancel a confirmed booking made via the Website and Services after it is confirmed by an Instructor, the cancellation policy stated in the relevant cancellation will apply.
Cancellation less than 48 hours before Sports Session: Full refund not available.
If, as a Client, you cancel a confirmed booking made via the Website and Services with less than 48 hours before the first day of the Sports Session, then the cancellation policy will apply and the Instructor may be entitled to retain up to the full value of the Sports Session Price. Service Fees are non-refundable.
Cancellation more than 48 hours before Sports Session: Full refund available.
If, as a Client, you cancel a confirmed booking made via the Website and Services, more than 48 hours before the first day of the Sports Session, then the cancellation policy will apply and the Client will receive a full refund of the value of the Sports Session Price. Service Fees are non-refundable.
If an Instructor cancels a confirmed booking made via the Website and Services, CoachPerHour will refund any Total Price or cancel not yet transferred to the Instructor for such booking to the applicable Client or cancel any pre-authorisation within a commercially reasonable time of the cancellation.
If the Total Price have been transferred to the Instructor in accordance with the payment schedule and cancellation policy, CoachPerHour is not responsible for allocating refunds to the Client and the Client should contact the Instructor directly either via CoachPerHour or via the contact details provided for the Instructor to arrange a refund or alternative date for the Sports Session.
An Instructor may cancel a confirmed booking made via the Website and Services and offer an alternative date or time for the next Session to the Client. If the Client accepts the alternative date and time for the Session within a period of 48 hours of receiving the cancellation notification, then the Client agrees to pay the Total Price relating to the confirmed booking for the Sports Session in the alternative booking, in accordance with these Terms. Service Fee are non-refundable.
If an Instructor has cancelled a confirmed booking and you, as a Client, have not received a refund or an email or other communication from the Instructor, please contact CoachPerHour at email@example.com
Vouchers are only available in electronic format and will be delivered to the email address registered with the Member at the time of purchase.
Vouchers are purchased with a redemption value in GBP.
Any Event shown in a voucher is as a suggestion only, and said Event might not match the value of the voucher that it is advertised on at the time of redemption.
Vouchers can be redeemed against any Event on CoachPerHour.
Vouchers have no cash value. If used for items of a lesser value, cash will not be refunded by CoachPerHour.
Vouchers are valid from the date of purchase and will expire after 3 months.
Vouchers cannot be combined with any other vouchers, third party certificates, coupons, or promotions, unless otherwise specified by CoachPerHour.
Neither CoachPerHour nor Instructors are responsible for lost or stolen Vouchers or Voucher reference numbers.
Only one voucher can be used per booking unless otherwise specified by an Instructor or CoachPerHour.
You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. CoachPerHour cannot and does not offer Tax-related advice to any Members of the Website and Services. Where applicable, on request from an Instructor, CoachPerHour may issue a valid invoice to the Instructor.
In connection with your use of our Website and Services, you may not and you agree that you will not:
violate any local, national, international, or other law or regulation, or any order of a court;
infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
interfere with or damage our Website or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
use our Website or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
use our Website or Services in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to a Sports Session;
“stalk” or harass any other user of our Website or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a CoachPerHour Client or Instructor;
offer, as an Instructor, any Sports Session that you do not yourself provide or have permission to provide (you will not list a Sports Session as an Instructor if you are serving in the capacity of an Event agent for a third party);
offer, as an Instructor, any Sports Session that may not be provided according to the terms and conditions of an agreement with a third party;
offer, as an Instructor, any Sports Session that may not be provided according to any applicable law or regulation or that would give rise to any civil liability;
register for more than one CoachPerHour Account or register for a CoachPerHour Account on behalf of an individual other than yourself;
contact an Instructor for any purpose other than asking a question related to a booking, such as an Instructor’s Sports Session or Event;
contact a Client for any purpose other than asking a question related to a booking or such Client’s use of the Website and Services;
when acting as a Client or otherwise, recruit or otherwise solicit any Instructor or other Member to join third party Services or Websites that are competitive to CoachPerHour, without CoachPerHour’s prior written approval;
impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
use automated scripts to collect information or otherwise interact with the Website or Services;
use the Website and Services to find an Instructor or Client and then complete a booking of a Sports Session transaction independent of the Website or Services in order to circumvent the obligation to pay any Service Price related to CoachPerHour’s provision of the Services;
as an Instructor, submit any Event with false or misleading information, or submit any Event with a price that you do not intend to honour; or
post, upload, publish, submit or transmit any Content that: (a) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
systematically retrieve data or other content from our Website or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
use, display, mirror or frame the Website, or any individual element within the Website or Services, CoachPerHour’s name, any CoachPerHour trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without CoachPerHour’s express written consent;
access, tamper with, or use non-public areas of the Website, CoachPerHour’s computer systems, or the technical delivery systems of CoachPerHour’s providers;
attempt to probe, scan, or test the vulnerability of any CoachPerHour system or network or breach any security or authentication measures;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by CoachPerHour or any of CoachPerHour’s providers or any other third party (including another user) to protect the Website, Services or Website Content;
forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Website, Services or Website Content to send altered, deceptive or false source-identifying information;
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Website, Services or Website Content; or
advocate, encourage, or assist any third party in doing any of the foregoing.
CoachPerHour will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. CoachPerHour may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that CoachPerHour has no obligation to monitor your access to or use of the Website, Services or Website Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Website and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. CoachPerHour reserves the right, at any time and without prior notice, to remove or disable access to any Website Content that CoachPerHour, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Website or Services.
The Website, Services, and Website Content are protected by copyright, trademark, and other laws of England and Wales and foreign countries. You acknowledge and agree that the Website, Services and Website Content, including all associated intellectual property rights is the exclusive property of CoachPerHour and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, Services, or Website Content.
CoachPerHour Content and Member Content License
Subject to your compliance with these Terms, CoachPerHour grants you a limited, non-exclusive, non-transferable license, to (a) access and view any CoachPerHour Content solely for your personal and non-commercial purposes and (b) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Website, Services, or Website Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by CoachPerHour or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Website, Application and Services, you hereby grant to CoachPerHour a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content only on, through, or by means of the Website and Services. CoachPerHour does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Website and Services. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all Member Content that you make available through the Website and Services or you have all rights, licenses, consents and releases that are necessary to grant to CoachPerHour the rights in such Member Content, as contemplated under these Terms; and (b) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or CoachPerHour’s use of the Member Content (or any portion thereof) on, through or by means of the Website and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Website and Services may contain links to third-party Websites or resources. You acknowledge and agree that CoachPerHour is not responsible or liable for: (a) the availability or accuracy of such Websites or resources; or (b) the content, products, or Services on or available from such Websites or resources. Links to such Websites or resources do not imply any endorsement by CoachPerHour of such Websites or resources or the content, products, or Services available from such Websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such Websites or resources or the Content, products or Services on or available from such Websites or resources.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of CoachPerHour used herein are trademarks or registered trademarks of CoachPerHour. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
CoachPerHour respects copyright law and expects its users to do the same. It is CoachPerHour’s policy to terminate in appropriate circumstances the CoachPerHour Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
Termination and CoachPerHour Account Cancellation
We may, at our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Website and Services, and (b) deactivate or cancel your CoachPerHour Account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event CoachPerHour terminates these Terms, or your access to our Website and Services or deactivates or cancels your CoachPerHour Account you will remain liable for all amounts due hereunder. You may cancel your CoachPerHour Account at any time by sending an email to firstname.lastname@example.org. Please note that if your CoachPerHour Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Website and Services, including, but not limited to, any reviews or feedback.
If you choose to use the Website and Services, you do so at your sole risk. You acknowledge and agree that CoachPerHour does not conduct background checks on any Member, including, but not limited to, Athletes and Instructors. The Website, Services and Website Content are provided “as is”, without warranty of any kind, either express or implied. Without limiting the foregoing, CoachPerHour explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. CoachPerHour makes no warranty that the Website, Services, Website Content, including, but not limited to, the Activities or any Sports Session will meet your requirements or be available on an uninterrupted, secure, or error-free basis. CoachPerHour makes no warranty regarding the quality of any Activities, Sports Session, the Services or Website Content or the accuracy, timeliness, truthfulness, completeness or reliability of any Website Content obtained through the Website or Services.
No advice or information, whether given orally or in writing, obtained from CoachPerHour or through the Website, Services or Website Content, will create any warranty not expressly made herein.
You are solely responsible for all of your communications and interactions with other users of the Website or Services and with other persons with whom you communicate or interact as a result of your use of the Website or Services, including, but not limited to, any Instructors or Athletes. You understand that CoachPerHour does not make any attempt to verify the statements of users of the Website or Services or to review or participate in any Sports Session. CoachPerHour makes no representations or warranties as to the conduct of users of the Website or Services or their compatibility with any current or future users of the Website or Services. You agree to take reasonable precautions in all communications and interactions with other users of the Website or Services and with other persons with whom you communicate or interact as a result of your use of the Website or Services, including, but not limited to, Athletes and Instructors, particularly if you decide to meet offline or in person.
Limitation of Liability
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Website, Services and Website Content, and your Event or booking of any Sports Session via the Website and Services remains with you. Neither CoachPerHour nor any other party involved in creating, producing, or delivering the Website, Services or Website Content be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or Services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms, from the use of or inability to use the Website, Services or Website Content, from any communications, interactions or meetings with other users of the Website or Services or other persons with whom you communicate or interact as a result of your use of the Website, Services, or from your Event or booking of any Sports Session via the Website and Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not CoachPerHour has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
You agree to release, defend, indemnify, and hold CoachPerHour and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting Price, arising out of or in any way connected with
(a) your access to or use of the Website, Services, or Website Content or your violation of these Terms;
(b) your Member Content; and
(c) your (i) interaction with any Member, (ii) booking of a Sports Session, (iii) creation of an Event or (iv) the use or attendance of a Sports Session by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a booking or attendance of a Sports Session.
If you attend any Sports Session booked via the Website and Services either as a Client or Instructor and you feel the other party is acting or has acted inappropriately, including but not limited to, anyone who (a) engages in offensive, violent or sexually inappropriate behaviour, (b) you suspect of stealing from you, or (c) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to CoachPerHour by contacting us with your police station and report number at email@example.com; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
These Terms constitute the entire and exclusive understanding and agreement between CoachPerHour and you regarding the Website, Services, Website Content and any bookings or Activities of Sports Session made via the Website and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between CoachPerHour and you regarding bookings or activities of Sports Session, the Website, Services and Website Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without CoachPerHour’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. CoachPerHour may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by CoachPerHour (a) via email (in each case to the address that you provide) or (b) by posting to the Website. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Controlling Law and Jurisdiction
These Terms will be interpreted in accordance with the laws of England and Wales, without regard to any conflict of law provisions. You and we agree to submit to the jurisdiction of the courts of England and Wales for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
You and CoachPerHour agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Website (collectively, “Disputes”) will be settled binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and CoachPerHour are each waiving the right to a trial by jury or to participate as a claimant or class member in any purported class action or representative proceeding. Further, unless both you and CoachPerHour otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
The arbitration will be administered by the appointment of a single arbitrator to be agreed between the parties, or failing agreement within fourteen days, after either party has given to the other a written request to concur in the appointment of an arbitrator, by an arbitrator to be appointed by the President or a Vice President of the Chartered Institute of Arbitrators. The arbitration will be conducted in accordance with the International Chamber of Commerce Rules then in effect and shall take place in London, UK.
The failure of CoachPerHour to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of CoachPerHour. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
If you have any questions or comments about these Terms, please contact CoachPerHour at firstname.lastname@example.org.