Contract (Offer) For The Provision Of Coaching Services
This contract is an accession agreement in accordance with Art. 387 of the Civil Code of the Kyrgyz Republic and a public offer (an offer addressed to the general public in accordance with Art. 396 and 398 of the Civil Code of the Kyrgyz Republic) by “I Am Ultra” LLC, registered under the current tax legislation of the Kyrgyz Republic, TIN 01912202210260 (hereinafter “Contractor”), which invites individuals to accept this offer for the provision by Contractor of coaching services in order of and on the terms established by this contract (hereinafter “Contract”). The person who accepts the offer, that is, in accordance with Art. 399 of the Civil Code of the Kyrgyz Republic, and enters into the Contract is hereinafter referred to as “Customer”. When Customer and Contractor are jointly mentioned in the Contract, they are referred to as “Parties”; when either is mentioned separately, “Party”.
1. The subject of contract
1.1. The subject of this Contract is the provision by Contractor of coaching services for those involved in running and/or walking (hereinafter “Services”). Services may include individual or group face-to-face sessions, remote training plans, and training camps.
1.2. Contractor undertakes to provide Customer with the Services on the terms that are published on the Contractor’s website at https://runningexpert.com (hereinafter “Site”) or explained to Customer after they submit their application through the feedback form on the Site (hereinafter “Application”). Customer undertakes to pay for the Services in accordance with the conditions brought to their attention.
1.3. Remote coaching is carried out using software and communication tools determined by Contractor. Information on procedures for remote interaction is explained to Customer after the Application is submitted.
1.4. The place and time of face-to-face sessions and training camps are determined by Contractor; relevant information is published on the Site or communicated to Customer after they submit the Application. The place and time of sessions can be changed in accordance with the wishes of Customer upon reaching verbal agreements or concluding a separate agreement.
2. Procedure for entering into the contract and paying for services
2.1. The Application on the Site cannot be considered an acceptance of an offer, that is, a full and unconditional acceptance of the terms of the Contract in accordance with Art. 399 of the Civil Code of the Kyrgyz Republic, but only expresses Customer’s prior consent to these conditions and the desire to receive comprehensive information about the Services.
2.2. The Contract is considered concluded only from the moment Customer pays for the Services in accordance with the terms of the tariff plan selected from those indicated on the Site or brought to the attention of Customer after they submit the Application.
2.3. The validity period of the offer, as well as the period between submitting the Application and payment for the Services, is unlimited. Prior to payment, Customer is obliged to read the Contract again and make their payment only in case of full and unconditional acceptance of its terms.
2.4. Unless otherwise specified to Customer, Contractor concludes a subscription agreement with them in accordance with Art. 386 of the Civil Code of the Kyrgyz Republic, i.e., Customer is obliged to make payments according to the schedule under agreed conditions, regardless of whether they use the Services or not. Payment for the Services unclaimed by Customer is non-refundable.
2.5. Payment for the Services can be made in cash or non-cash form as chosen by Customer.
3. Rights and obligations of parties
3.1. Contractor obliges to:
3.1.1. Provide Services of appropriate quality and within the time limits specified by the Contract and the tariff plan chosen by Customer.
3.1.2. Guarantee the provision of Services by a coach whose qualification is confirmed by education in the field of physical culture and sports and/or a sports title specified in Art. 25-26 of the Law of the Kyrgyz Republic No. 36 dated January 21, 2000 (as amended by the Law of the Kyrgyz Republic dated April 16, 2021) “On Physical Culture and Sports”.
3.1.3. Keep confidential any information about Customer, including medical information, obtained during the provision of Services. Disclosure of any information about Customer is permissible only with their direct and explicit consent.
3.2. Contractor has the right to:
3.2.1. Determine the procedure for the provision of Services and their cost.
3.2.2. Refuse to provide Services if Customer has medical contraindications for running and/or walking, as well as if Customer violates the terms of the Contract and/or the legislation of the Kyrgyz Republic, including anti-doping laws.
3.2.3. With the consent of Customer, use information about them and their testimonials about Contractor to inform visitors of the Site, advertize the Services and for other purposes that do not violate the rights of Customer and the legislation of the Kyrgyz Republic, including transferring this information to Contractor’s partners, if it is necessary for Customer to receive material or other benefits (discounts, bonuses, etc.) when purchasing goods and/or services provided by these partners.
3.3. Customer has the right to:
3.3.1. Require Contractor to provide information on any issues related to the organization of and ensuring proper provision of Services.
3.3.2. Require the conclusion of the Contract.
3.3.3. Demand a refund of payment for the Services not provided through the fault of Contractor.
3.4. Customer obliges to:
3.4.1. Timely report the presence of any medical contraindications for running and/or walking.
3.4.2. Strictly comply with all the requirements set out by Contractor regarding safety of the training process.
3.4.3. Provide any information requested by Contractor if it is necessary for the provision of Services.
3.4.4. Provide themselves with sportswear, footwear, and other equipment necessary for safe running and/or walking.
3.4.5. When visiting sports facilities, observe the rules of conduct and requirements established by the administration of such facilities.
3.4.6. Make payments within the terms established by the Contract and the selected tariff plan.
4. Compliance with anti-doping laws
4.1. The Customer who concludes the Contract in order to prepare for participation in competitions must acknowledge that, in accordance with Art. 22-1 of the Law of the Kyrgyz Republic No. 36 dated January 21, 2000 (as amended by the Law of the Kyrgyz Republic dated April 16, 2021) “On Physical Culture and Sports”, participants in such events may be required to comply with the anti-doping rules established by this law and other regulatory legal acts. In this regard, by concluding this Contract, Customer undertakes to:
4.1.1. Familiarize themselves with the list of substances and methods prohibited for use in sports as published on the website of the World Anti-Doping Agency, and/or on the website of the State Agency for Youth Affairs, Physical Culture, and Sports under the Government of the Kyrgyz Republic, which oversees anti-doping activities in the Kyrgyz Republic, and/or on the website of the authorized anti-doping organization of the state of which the Customer is a citizen.
4.1.2. Inform Contractor of any treatment received and medications prescribed.
4.1.3. Not take any medication on their own without a doctor’s documented prescription.
4.1.4. Strictly follow the instructions of Contractor if it is revealed that the drugs taken (including those prescribed by a doctor) are prohibited for use in sports.
4.2. If Customer ignores or deliberately violates the provisions of clause 4.1 of the Contract, the latter may be terminated without a refund to Customer and any compensation whatsoever. If a violation by Customer of the anti-doping rules is revealed by the authorized bodies and leads to sanctions, Contractor reserves the right to assess the impact of this case on their business reputation and, if necessary, seek compensation for damage, including in court.
5.1. Services under this Contract may be provided only and exclusively to people who do not have medical contraindications for running and/or walking. Contractor takes reasonable measures to ensure that the Services they provide meet safety requirements, including, but not limited to:
- Prior to the commencement of the provision of Services, requiring a survey and/or questionnaire to be completed by Customer about their current state of health, medical history, presence or absence of chronic diseases, etc.
- Conducting a survey before each session with the personal presence of Customer about their current state of health and possible health complaints.
- Providing the technical means for Customer to promptly inform Contractor about any health complaints during the remote provision of Services.
- Recommendations to Customer on the need for regular medical examinations, including in order to identify so far undiscovered health problems.
- Refusal to provide Services, both in case of revealing obvious contraindications for running and/or walking and in case of suspicion of such contraindications, until a medical permit for training signed by a specialist of appropriate qualification is presented.
Considering the measures taken, Contractor can under no circumstances be held responsible for any consequences to the health of Customer arising from receiving the Services.
5.2. By entering into the Contract, Customer acknowledges and confirms their awareness of the risks associated with physical activity and assumes full responsibility for their health and physical condition.
5.3. Contractor cannot be held responsible for the safety of Customer’s property when the latter visits sports facilities, sports events, etc.
5.4. Contractor cannot be held responsible for the safety of Customer’s personal data due to the fault on part of the suppliers of technical means (software for compiling training plans and/or recording load, messengers, etc.) used for the remote provision of Services.
5.5. Contractor cannot be held responsible for any adverse consequences for Customer, directly or indirectly related to running and/or walking. An exception can only be made in case of a direct causal relationship between the knowingly illegal action or inaction on part of Contractor, including negligence, and the consequences for Customer, with such cases to be resolved in accordance with the legislation of the Kyrgyz Republic.
6. Term, amendment, and early termination of contract
6.1. The Contract comes into effect from the moment of acceptance of the offer, that is, when Customer makes their first payment in accordance with the selected tariff plan (see clause 2.2 of the Contract) and is valid for the entire period provided for by this tariff plan. Payment for Services for the next period is deemed as confirmation of the extension of the Contract.
6.2. If the tariff plan chosen by Customer provides for suspending the validity period of the tariff plan (a “freeze” option) at the request of Customer and the latter chooses to invoke this option, the term of the Contract is extended for the relevant “freeze” period.
6.3. Contractor has the right at any time to make any changes to the text and terms of the Contract and tariff plans published on the Site, but no changes shall apply to Customer whose term of the Contract, as specified in clauses 6.1. and 6.2, has not yet expired.
6.4. In accordance with Art. 387 of the Civil Code of the Kyrgyz Republic, Customer accepts the Contract as a whole by entering into it and cannot demand a change in the terms of the Contract, except for the cases listed in clause 6.2 of the Contract.
6.5. The Contract may be terminated early by mutual agreement of Parties or at the request of one of the Parties at any time. Termination of the Contract does not release the Parties from their obligations, as well as from liability for violation of the terms of the Contract (clause 4, Art. 385 of the Civil Code of the Kyrgyz Republic).
7. Force majeure
7.1. Parties are released from liability for non-fulfillment or improper fulfillment of obligations under the Contract if proper fulfillment is rendered impossible due to force majeure, that is, extraordinary, unavoidable, and insurmountable circumstances.
7.2. In the event of these circumstances, the Party is obliged to notify the other Party within 7 (seven) days.
7.3. If force majeure circumstances continue to operate for more than 1 (one) month, then each Party has the right to terminate the Contract unilaterally.
8.1. All disputes related to the execution, interpretation, and termination of the Contract shall be resolved by Parties through negotiations.
8.2. By choosing a tariff plan and agreeing to the terms of the Contract, falling under the definition of Art. 381 of the Civil Code of the Kyrgyz Republic on the subscription agreement, Customer thereby expresses awareness that non-use of the Services does not affect Customer’s obligations and does not implicate the right to a refund. In such cases, Contractor has the right, with no obligation, to change the terms of the Contract on an individual basis; for example, the validity period during which the Customer has the right to claim the Services paid.
8.3. In case of failure to reach an agreement during the negotiations specified in clause 8.1 of the Contract, the Party concerned must send a claim in writing or by using any other means of communication that record the fact of its dispatch and receipt, or such claim must be handed over to the other Party against receipt.
8.4. The Party to which the claim is sent obliges to consider it and respond in writing within 15 (Fifteen) working days from the date of receipt of the claim.
8.5. If it is impossible to resolve a dispute or disagreement through negotiations, the interested Party has the right to file a claim with the court at their place of residence or address of the defendant in accordance with Art. 30 Code of Civil Procedure of the Kyrgyz Republic.
9. Final provisions
9.1. The Contract is composed in electronic form but, at the request of Customer, can be drawn up in writing and signed by Parties.
9.2. Provisions of Art. 360 of the Civil Code of the Kyrgyz Republic cannot be applied to the relations between Parties as determined by the Contract.
9.3. All circumstances not provided for by the Contract shall be regulated in accordance with the legislation of the Kyrgyz Republic.