General Terms and Conditions of The Utterbloom Company GmbH (Coaching, Training and Nutrition).
“I Love to Run and Race” is part of The Utterbloom Company GmbH (hereinafter “TUbC”) and the same GTC apply to them.
In the event of differences between the German and English versions of the GTCs, the German version shall prevail. Link to Germany GTCs: (www.ilovetorunandrace.com/agbs).
TUbC is a company that offers coaching and training in the field of nutrition as well as sports coaching such as personal training and running coaching. The coaching, training and courses can be offered online.
Online courses may include several course days. TUbC reserves the right to record, edit and sell online courses as online courses.
Start of contract and duration of the contract
The duration of the booked package, coaching or services (hereinafter referred to as the service) begins in consultation with the client. The start date and duration shall be specified in the contract.
The total amount is due in advance and can be paid by credit card. This applies to all services offered.
Rights of the client
By concluding a service, the customer acquires the right to the booked service for the agreed duration of the contract.
The client must be of age and capable of judgement at the time of conclusion of the contract.
Cancellation and Prevention
If the client is unable to attend a service booked by the client, TUbC must be informed in writing at least 24 hours in advance by e-mail (e-mail address: firstname.lastname@example.org). Otherwise the service will be charged. If the customer or TUbC gives prior notice of a holiday, the hour will not be charged or can be made up.
The client is not entitled to a price reduction or refund of part or all of the price if the agreed services are not used.
In case of prevention of online group course services, which are provided live, a refund due to absence/prevention is excluded
Transferability of the services
TUbC services are personal and cannot be transferred.
The conclusion of a service is binding and a refund cannot be granted. Early termination is excluded. The contractual provisions apply.
Recording of services
TUbC has the right to record, edit and sell the services it provides as an online course.
The customer is aware and agrees that the customer is or can be visible to other participants during online courses. This also applies to the recording of TUbC services. The customer expressly agrees to the recording of group courses and the possible recognition of his person and fully assigns any rights in this respect to TUbC.The customer is aware and agrees that they cannot take part in the group course if they do not wish to be recorded.
In the Facebook group of TUbC and also of I Love to Run and Race, the netiquette of Facebook applies. Members of the group are required to treat each other in a friendly and decent manner. If TUbC detects violations of this rule, TUbC is free to remove the members concerned from the Facebook group.
Availability of digital products, digital bundles, course bundles and courses
Digital products, digital bundles, course bundles and courses will be available for the lifetime of the product, and can be terminated at any time without prior notice.
If a service cannot be provided for reasons of force majeure (e.g. natural disasters, pandemics, war, etc.), neither the customer nor TUbC shall be liable.
Obligations of the customer, liability, warranty and insurance
The customer undertakes to have a medical check carried out before the start of a contract for a TUbC service and to inform TUbC of the result.
Should the customer’s state of health change temporarily or permanently during the provision of services by TUbC, the customer must also inform TUbC of this immediately.
The customer is aware that any form of sporting activity is associated with risks. TUbC hereby also explicitly draws the customer’s attention once again to the risks associated with sporting activity. The customer is aware that the principle of personal responsibility applies at all times.
TUbC excludes any liability – as far as legally permissible – (incl. for the contents homepage such as completeness, correctness of contents, topicality, etc.) Liability for auxiliary persons is excluded in its entirety.
Liability for links to third party websites is excluded in its entirety.
All insurances (in particular health and accident insurance) are the responsibility of the customer.
TUbC does not guarantee success. The success depends essentially on the implementation of the customer.
Should individual provisions of these GTCs become invalid in whole or in part or prove to be unenforceable, the remaining provisions shall remain valid. In this case, both parties agree to adapt the provision to the circumstances and to replace invalid provisions with other provisions that come closest to the meaning of the provisions in a legally valid manner to the original intention of the parties.
Place of jurisdiction, applicable law
The contract concluded between the customer and TUbC as well as the services provided by TUbC shall be governed by Swiss law to the exclusion of the conflict of laws provisions of the Swiss Federal Act on Private International Law (IPRG). The place of jurisdiction is Zurich (Switzerland).
Confidentiality, data protection
Personal details, pictures as well as personal conversations are treated confidentially and are not passed on to third parties. This applies in particular to messages and information about the state of health. Further details can be found in the separate data protection declaration (http://www.ilovetorunandrace.com/privacy).
Changes of the contract or the GTC
TUbC reserves the right to change the GTCs in whole or in part at any time and without notice.
Date: 2nd January, 2023