Terms of service.

General Terms and Conditions Performance Plus Athletics LLC..

§ 1 Scope of application

(1) These General Terms and Conditions apply to all contracts concluded between us - also by telephone (e.g. Skype, Zoom, telephone) or in text form:

Performance Plus Athletics LLC and you as our customer in relation to our programs and services.

(2) All agreements made between you and us in connection with the contract result in particular from these terms and conditions and our written order confirmation, if applicable.

(3) The version of the General Terms and Conditions valid at the time the contract is concluded shall apply.

(4) We do not accept any deviating terms and conditions of the customer. This shall also apply if we do not expressly object to their inclusion.

§ 2 Subject matter of the contract

(1) We offer our customers the provision of (mostly) online-based coaching and consulting services in the areas of nutrition and personal training. The provision of services is standardized or individualized depending on the offer. There is no claim to the achievement of a specific personal success for the customer. The respective service description results directly from our offers.

2) The booking of our programs and services is usually carried out using remote means of communication, but is not limited to this.

(3) With regard to the contents of a coaching, service and/or consulting contract entered into with us, we are entitled to a right to determine performance.

(4) The client must ensure that the technical requirements necessary for the consultancy services of Performance Plus Athletics LLC are always met by the client. Should the customer fail to meet these requirements, Performance Plus Athletics LLC's claim to remuneration shall remain unaffected.

§ 3 Conclusion of contract

(1) The presentation and advertising of our services on our websites, brochures or within advertisements (for example on Facebook) does not constitute a binding offer to conclude a contract with us.

(2) The contract between us and the customer may be concluded by telephone (video chat, telephone, email, etc.), in writing or in text form. If the contract is concluded by telephone, we shall provide the customer with an order confirmation upon request. If the contract is concluded by telephone, you can correct the information you have provided to us at any time by simply notifying the other party.

(3) Contracts between us and the customer are concluded by telephone by means of concurring declarations of intent.

(4) We will immediately confirm receipt of your orders and commissions placed via e-mail, our websites/video chat by e-mail. Such an e-mail does not constitute a binding acceptance of the order unless, in addition to the confirmation of receipt, acceptance is also declared. In the case of a video chat, our declaration of acceptance may already be made directly during the conversation with you.

(5) If it is not possible to provide the services you have ordered - for technical reasons, for example - we will not issue a declaration of acceptance. In this case, a contract will not be concluded. We will inform you of this immediately and, if necessary, refund any payments already received without delay.

(6) The text of the offer/contract will not be saved by us after conclusion of the contract and is therefore not available to the customer. Exceptions apply in the case of a contract concluded by telephone via video chat, provided that we save the recording. We will inform you of this separately if necessary.

§ 4 Terms and conditions of delivery/service

(1) We are entitled to provide our services in part, insofar as this is reasonable for you or corresponds to the purpose of the contract.

(2) The duration of our consulting and coaching services shall be agreed individually with the customer.

§ 5 Prices, terms of payment, SEPA direct debit, invoice

(1) All prices quoted to you are gross prices including statutory VAT, if applicable. There are no shipping costs.

(2) The provider is entitled to commission a third-party company based within the EU to process payment to the customer.

(3) The payment for our services is generally due in full upon conclusion of the contract, unless the individual contractual agreement with the customer states otherwise.

(4) You may choose to transfer the price owed to one of our specified accounts or issue us with a (SEPA) direct debit authorization. In the case of a (SEPA) direct debit authorization, we will arrange for your account to be debited on the due date.

(5) If you select the SEPA direct debit payment method, you are obliged to send us a written SEPA direct debit mandate signed by you immediately after placing the order. This will be made available to you by us on request.

(6) The customer will receive an invoice for the services booked.

(7) Performance Plus Athletics LLC is entitled to engage an external vicarious agent to provide the service.

(8) In the event of late payment, a payment reminder will be sent. If payment is still not received, two reminders will be sent consecutively after 7 days and 14 days respectively. A reminder fee of €5 per reminder will be charged. If these expire without notice, debt collection proceedings will be initiated.

§ 6 Rights of use

(1) Unless otherwise agreed, you have no right of use to our course materials (videos, eBooks, PDFs, etc.) until our remuneration has been paid in full. Reproduction and/or forwarding to third parties is not permitted.

(2) We have copyrights to all images, films and texts published on our websites. Use of the images, films and texts is not permitted without our express consent and will be prosecuted by us under civil and criminal law in the event of infringement.

§ 7 Warranty

(1) Any seller's warranties given by us shall apply in addition to the claims for material defects or defects of title within the meaning of para. 1.

§ 8 Behavior and consideration

(1) The customer is obliged to take our interests into account when submitting ratings and comments within social media. In particular, the customer may not publish / disseminate any untrue factual claims or abusive criticism about us and our programs.

(2) If the customer participates in our communities and groups (e.g. on Facebook), he is obliged to protect our interests there as well. We are entitled to temporarily or permanently exclude the customer from participation in communities and groups if the customer violates or impairs our interests within the group/community (e.g. by making statements that are detrimental to our business).

§ 9 Liability

(1) We shall be liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.

(2) In other cases, we shall only be liable - unless otherwise stipulated in paragraph 3 - in the event of a breach of a contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which you as a customer may regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provision in paragraph 3.

(3) Our liability for damages resulting from injury to life, body or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.

§ 10 Termination, term

(1) Contracts with us shall have the fixed term individually agreed between the parties. Premature termination during the term of the contract is excluded.

(2) Terminations must be made in writing to be effective.

(3) The right to extraordinary termination shall always remain unaffected.

(4) There is a 28 day (4 weeks) cancellation policy if you wish to not continue the service after extending your coaching contract.