Effective Date: April 30, 2018
1. Description of Services and Acceptance of Terms
Coach Concierge provides an online service through the coachconcierge.co, skater.coach, and my.skater.coach websites (the “Websites”) and through the Coach Concierge mobile app (the “App”) (collectively, the “Sites”) for users (“user”, or “you”) to connect and communicate with one another to facilitate lessons.
- 1.1 Modification
Coach Concierge may need to make changes to these Terms and we encourage you to review these Terms regularly. Any changes or modifications will be effective immediately upon posting the revisions to the Sites. Your continued use of the Sites means that you accept all modified Terms. If material changes to these Terms are made, we will notify you by posting a notice on the Sites, or by sending you notice by email.
2. Use of Services
- 2.1 About Our Services
Coach Concierge is passionate about figure skating. We provide an online community where athletes can find and connect with one another to facilitate coaching lessons. Coach Concierge’s services include, among others, enabling users of various skill levels seeking coaching lessons (“Students”) to connect with other users who are experienced instructors (“Coaches”), and providing a single convenient place where Students and Coaches may communicate, schedule lessons, and facilitate payment for lessons, choreography, travel and other related services (the “Services”). Students may search for and choose a Coach by accessing a directory of Coaches available on the Sites. Users may choose to connect with and communicate with one another via the user’s designated communication method, which may be text message or email, to request information, schedule lessons, or discuss lesson content. You acknowledge that by contacting us, we may send you a communication related to your request. Coach Concierge provides a venue for Students and Coaches to mutually agree upon the skill level and content of any lesson arranged between them and we are not responsible for the quality, content, duration of any lesson, or any other communication by Students and/or Coaches facilitated via our Sites. We do not moderate content, including lesson content, or impose standards for any skill level associated with lessons arranged using our Sites because we believe in providing users with the choice and discretion to arrange a lesson plan that best suits their needs.
- 2.2 Age Restriction
You must be 18 years or older to use Coach Concierge’s Sites. Our Sites are not directed at or intended for use by anyone under the age of 13. If we determine that a user is under age 13, we may immediately terminate the associated Account (as described below) and delete any information provided.
- 2.3 Registration
You may register to use the Services by creating an account (“Account”) at my.skater.coach/register. To be eligible for an Account, you must: (1) be a legal resident of the United States or Canada; (2) be at least 18 years of age at time that you register; (3) have an active valid e-mail address; and (4) provide a valid method of payment (“Payment Method”). By registering for an Account and using the Sites and/or Services, you consent to receiving electronic communications from Coach Concierge relating to your Account. Your Account will remain active unless and until you choose to close it or we terminate it. While some portion of Coach Concierge’s Sites are accessible free of charge, we bill Coaches monthly Active Student Fees, as described below, to access and use certain functionalities of the Sites and/or Services (“Coach Account”).
- 2.4 Communications From Coach Concierge
When you provide your contact information or create an Account, you agree to receive communications from us, including via postal mail, e-mail, text message, and telephone call. Communications from Coach Concierge may include but are not limited to, communications about your Account or Coach Account, use of the Sites or Services, updates regarding new or existing features of the Sites or Services, or promotional communications. You may choose to unsubscribe from promotional emails by following the unsubscribe instructions in the email itself or by contacting us at email@example.com.
- (a) Text Messaging
You agree that informational texts messages may be generated by automatic telephone dialing systems. Text messages from Coach Concierge may include, but are not limited to, alerts regarding the status of your requested or scheduled lesson. Your mobile phone carrier’s standard text messaging charges will apply to text messages we send. If you wish to opt-out, you may reply to the message by texting “STOP” from the mobile device receiving the messages, or by contacting us at firstname.lastname@example.org. You acknowledge that by contacting us we may send you a communication related to your request.
- 2.5 User Responsibilities
When you register or provide any information in connection with your Account, you agree to provide accurate, current, and complete information, and to promptly update this information to maintain its accuracy. You further agree that you will not provide any false personal information or create or allow access to an Account for anyone other than yourself without Coach Concierge’s express prior written consent. You are responsible for maintaining the confidentiality of any login information associated with your Account, including any password or username, and you are responsible for all activities that occur under your login information and Account. You agree to immediately notify Coach Concierge if you suspect any unauthorized use of your login information, Account, or any other breach of security.
- 2.6 Assignment
If you are a Student, you may use your Account only to facilitate lessons for yourself or for individuals for whom you are the legal guardian. If you are a Coach, you may use your Account only to facilitate lessons that you will instruct yourself or other services that you will execute yourself. You may not assign or otherwise transfer your Account to any other person or entity.
3. Billing, Coach Fees, and Cancellation
- 3.1 Payment For Services
We allow users to request or send payment for Services to other users via the Coach Concierge Sites (“User Billing”). User Billing is a convenience we provide to our users and you may choose not to use our Sites to facilitate payment for Services. If you choose to bill Students or to pay Coaches for Services using User Billing, we will charge a convenience fee to cover transaction and processing fees for each transaction, in addition to any applicable taxes. Because we believe in providing users the ability to mutually determine the appropriate level of compensation for lessons provided, Coach Concierge does not moderate lesson fees or impose a base fee, or any other such schedule of fees for lessons.
- 3.2 Billing
It is your responsibility to update your method of payment as necessary to ensure that your designated Payment Method is current and valid. You acknowledge that Coach Concierge may restrict, suspend, or terminate an Account associated with an overdue unpaid balance. If for any reason your designated Payment Method becomes invalid, for example, due to expiration or insufficient funds, you remain responsible for any uncollected amounts and you authorize Coach Concierge to continue to bill applicable charges and fees in connection with your use of the Sites and/or Services to your Account. You acknowledge that the amount billed may differ from month-to-month based on your use of the Sites and/or Services. For example, the amount billed may include any billing in connection with lessons, other Services and any related taxes or transaction fees. If your Account is terminated, any unpaid balance will be immediately due and you agree that Coach Concierge may immediately bill your Payment Method for the full balance due.
- (a) Student Billing
By registering for an Account, Students authorize Coach Concierge to bill the Payment Method (i) in connection with confirmed lessons and late cancellations by the Student via the Sites or Services that the Student accepts for payment via the Sites or Services; or (ii) for any unpaid balance in connection with the Student’s use of the Services. Unless otherwise stated in these Terms, you understand and agree that Students will have thirty (30) days from the date the Student’s Account was billed to pay any unpaid balance before Coach Concierge will automatically bill the designated Payment Method for the full amount due.
- (b) Coach Billing
By registering for an Account and signing up for Coach Account, Coaches authorize Coach Concierge to bill the Payment Method on an ongoing monthly basis for a monthly active student fee (“MASF”) based on the number of unique Students coached each month. The MASF shall be calculated and billed to the Coach’s Account at the end of each month using the following formula (“MASF Formula”): $1.50 per unique Student who completes at least one confirmed lesson during the monthly billing cycle, not to exceed $45.00 per month. Your Payment Method will be billed at the then-current rate for the Coach’s MASF based on the MASF Formula, and any other charges you incur in connection with your use of the Sites and/or Services, for every month, or partial month, that you maintain an active Account.
- 3.3 Price Changes
We reserve the right to adjust pricing for our Services at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided in these Terms, any price changes affecting your use of the Services will take effect following notice sent to the email address connected to your Account.
- 3.4 Automatic Coach Monthly Active Student Fee Renewal and Cancellation
Your Coach MASF will continue on a month-to-month basis and will automatically renew unless and until you close your account or we terminate it. We will bill the Coach’s MASF, and any applicable transaction fees, to your designated Payment Method. You acknowledge that Coach Concierge may restrict, suspend, or terminate a Coach Account associated with overdue unpaid Coach Fees. You may close your Coach Account at any time by contacting Coach Concierge to request closure of your Coach Account. You must close your Coach Account before its next monthly renewal to avoid incurring MASF in the next Coach Fee billing cycle. After you close your Coach Account, you will continue to have access to those Services accessible with a Coach Account until the end of the monthly billing period in which the Coach Account was closed. When your Coach Account is closed you may continue to access the Sites but you will no longer have access to those Services which require a Coach Account.
- 3.5 Free Trial Offers
We may occasionally offer limited-time free trial subscriptions to certain users. Users who participate in a free trial subscription may access those Services which require a Coach Account, however, access to those Services may be limited. If a user does not want to continue accessing the Services after the expiration of the free trial period, the user’s account will automatically be closed unless a payment method for the MASF is provided by the coach. The Coach will continue to be charged the MASF unless and until the user closes their account or we terminate it.
- 3.6 Lesson Cancellation and Student No-Shows
You expressly acknowledge and agree that if a Student fails to appear for a scheduled lesson, or cancels a scheduled lesson less than 24 hours before the lesson time, the Coach providing that lesson may choose at their sole and absolute discretion to bill that Student an amount up to the full cost of the lesson, including any taxes and/or transactional fees (the “Cancellation Fee”). Cancellation Fees will be automatically billed to your designated Method of Payment.
- 3.7 Payment Card Services
We use the services of Stripe, Inc. (“Stripe”), which is a third party service that facilitates payments made through the Sites via credit card, debit card, and ACH (Automated Clearing House). These payment processing services are provided by Stripe and are subject to the Stripe Terms of Service. For more information about the Stripe Terms of Service, please visit: https://stripe.com/gb/legal. By agreeing to these Terms and using the Stripe payment services available through Coach Concierge’s Sites, you agree to be bound by the Stripe Services Agreement and any modifications which may be made by Stripe. You further agree that you will provide Coach Concierge accurate and complete information about you and you authorize Coach Concierge to share it and the transaction information related to your use of the payment processing services provided by Stripe. We assume no liability or responsibility for any payments you may make through this service, and all such payments are non-refundable.
- 3.8 No Refunds
Payments are nonrefundable. In our sole and absolute discretion, any time and for any reason, we may provide a refund, discount, or other consideration to some or all of our users (a “Credit”) if we believe it is warranted. Providing a Credit in one instance does not entitle you to Credits in the future for similar instances, nor does it obligate us to provide any Credits in the future, under any circumstance.
In our sole and absolute discretion, Coach Concierge may prohibit use of the Sites or may restrict, suspend, or terminate the Account associated with any user who violates any provision of these Terms, or who interferes with the operation of the Sites. Such prohibition, restriction, suspension or termination may occur with or without notice to you. If we disable or terminate your Account, you agree not to create another Account without Coach Concierge’s permission. Coach Concierge also reserves the right to seek all remedies available at law and in equity for violation of these Terms.
If you believe another user is violating any of these Terms, please notify Coach Concierge. We reserve the right to investigate any user suspected of violating these Terms and may gather information about that user and/or the complaining party, if any, and examine any material in the Sites. In addition to the foregoing investigation rights, you hereby expressly authorize Coach Concierge to cooperate with: (i) law enforcement authorities in the investigation of suspected criminal violations; and/or (ii) system administrators at other Internet service providers, network or computing facilities and/or any other third party to enforce these Terms or comply with any applicable law. Such cooperation may include provision of your username, IP address, or other identifying information.
5. Online Community and Prohibited Content and Activities
While using the Sites you are part of a unique online community. To keep Coach Concierge safe and accessible for all users, you agree to respect the rights of other users of the community, including as described in these Terms.
To protect our users from Prohibited Activity, as described below, we reserve the right to take appropriate actions, including by restricting the frequency of communications a user may send in a certain time period, or reviewing, editing, or removing user content which in our sole and absolute judgment violates any of these Terms. To protect the integrity of the Sites and Services, we reserve the right to block users from certain IP addresses from accessing the Sites.
- 5.1 Community Communication
Some of the Coach Concierge Sites contain social features, such as the ability to connect with other users and the ability to communicate with other users through the Sites (“Social Features”). If you choose to participate in the Social Features, you agree that all communications you post or send via the Sites will be respectful of other users. You may choose not to participate in these Social Features by not using them. Your choice not to use certain Social Features may limit the functionality of the Sites or your access to some or all of the Services.
- 5.2 Prohibited Content and Activities
To keep the Sites safe and accessible, you agree that you will not use your Account or your Coach Account to harm Coach Concierge or anyone else, interfere with the Sites, or use the Sites in a manner that violates the law (“Prohibited Activities”). Without limiting the foregoing, you shall not:
- Encourage or facilitate any violation of these Terms.
- Engage in any unlawful, misleading, malicious, or discriminatory activity.
- Post, send, or otherwise communicate content that is harassing, intimidating, bullying, unlawful, defamatory, obscene, pornographic, indecent, lewd, suggestive, threatening, contains nudity, is hate speech, or incites violence.
- Use the Services if you are a registered sex offender.
- Create a false identity or Account for the purpose of misleading others.
- Attempt to register for a new Account if we have terminated your Account.
- Post or make available content that infringes any copyright, trademark, trade secret, patent, or other intellectual or proprietary right of a third party.
- Harvest, scrape, or otherwise collect, store, or manipulate any information from the Sites, including the personal information of other users without the express prior written consent of such users and of Coach Concierge.
- Solicit, collect, transmit, store, or disclose any personal information of any third party.
- Use the Sites to disclose the personal information of others without their express prior written consent.
- Use the Sites to send spam, direct marketing communications, or any other unsolicited advertising or promotional materials.
- Circumvent, reverse engineer, decipher, decompile, disassemble, decrypt, or otherwise interfere with any software that is part of the Sites.
- Upload or transmit any software, material, or communication that is harmful to our users’ computers, devices or systems, or that contains a virus.
- Otherwise misuse or misappropriate any Site content, including to use, in whole or in part, on any “mirrored,” competitive, or other site.
6. Background and Verification Checks
Coach Concierge requires that all Coaches be registered and in good standing with the Professional Skaters Association, which works closely with U.S. Figure Skating. Coaches are responsible for obtaining proper certification from the Professional Skaters Association and for remaining in good standing at all times that you use, or are registered to use, the Sites to provide instruction to other users. For more information, please visit the Professional Skaters Association’s website located at http://www.skatepsa.com/ and U.S. Figure Skating’s website located at www.usfsa.org.
Any screening by Coach Concierge is limited and should not be taken as complete, accurate, up-to-date or conclusive of any individual’s suitability as a Coach. Students are solely responsible for interviewing, performing background and/or reference checks on, verifying information provided by, and selecting an appropriate Coach for themselves or for their family.
7. Independent Contractors
Coach Concierge does not employ Coaches, Students, or any other users of our Sites. You and Coach Concierge (each a “Party”, together, the “Parties”) agree that each Party are independent contractors to the other Party in connection with its use of the Sites and in its performance of its obligations under these Terms. Neither Party will be entitled to, or will attempt to, create or assume any obligation, express or implied, on behalf of the other Party. These Terms will not be interpreted or construed to create an association, joint venture, partnership, or franchise between the Parties or to impose any partnership obligation or similar liability arising therefrom upon either Party.
8. Intellectual Property
- 8.1 Trademarks
You acknowledge and agree that all Coach Concierge logos and marks, as well as other proprietary materials depicted in connection with our Sites and Services are owned, as between the Parties, solely and exclusively by Coach Concierge, and may not be used commercially by you or any third party without Coach Concierge’s express prior written consent.
- 8.2 Copyright
The content contained in and related to the Sites and Services is protected under the copyright laws of the United States, Canada and other countries. You acknowledge that all copyrights and other intellectual property rights related to the Sites are owned, as between the Parties, solely and exclusively by Coach Concierge, to the full extent permitted, and are protected, under the United States Copyright Act, international copyright laws, and all other applicable laws. You may not copy, reproduce, distribute, publish, display, perform, modify, create derivative works, transmit or in any way use or exploit any Coach Concierge content on the Sites without Coach Concierge’s express prior written consent.
- 8.3 Digital Millennium Copyright Act (“DMCA”) Notice
If you believe that your work has been reproduced or distributed in a way that constitutes copyright infringement or are aware of infringing material available through the Coach Concierge Sites, please notify us by emailing us at email@example.com with the subject line “DMCA Takedown Request”. We will process each notice of alleged infringement that we receive and take appropriate action with applicable intellectual property laws.
10. Feedback Submitted
We welcome your feedback, however, you agree that Coach Concierge is free to use any comments, information, ideas, concepts, reviews, techniques, or any other material contained in any communication you may send to us (“Feedback”), worldwide and in perpetuity without acknowledgement, compensation, or payment to you.
11. Links to External Sites
12. Modification To The Sites
Coach Concierge reserves the right to modify or discontinue, temporarily or permanently, the Sites, Services, or any features or portions thereof without prior notice. You agree that Coach Concierge will not be liable for any modification, suspension or discontinuance of the Sites, Services, or any part thereof.
13. Customer Support
If you need assistance or have questions about your Account or Coach Account, you may contact us at firstname.lastname@example.org. You acknowledge that by contacting us we may send you a communication related to your request.
14. Disclaimer of Warranties; Limitations of Liability; and Indemnification
Coach Concierge provides a place for Students and Coaches to connect and communicate. As a result, content relating to a particular user is primarily user generated. We do not control or vet user generated content for accuracy nor do we assume any responsibility for the accuracy or reliability of any information provided by users whether on the Sites or offline. We may offer certain users the opportunity to verify certain information, such as their email address or phone number, however, we do not guarantee, nor do we represent or warrant as to, the accuracy of such information.
Coach Concierge is not responsible for the conduct, whether online or offline, of any user of the Sites or Services. We do not assume and expressly disclaim any liability that may result from the use of information that may be provided through Coach Concierge’s Sites or Services. All users, including both Coaches and Students, hereby expressly agree not to hold Coach Concierge, or its members, officers, directors, shareholders, employees, or other affiliates (collectively the “Coach Concierge Parties”) liable for the actions or inactions of any Coach, Student, or other third party for any information, instruction, advice, or services which originated through Coach Concierge’s Sites or Services, and the Coach Concierge Parties expressly disclaim any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.
YOU AGREE THAT YOUR USE OF THE SITES IS AT YOUR OWN RISK. THE COACH CONCIERGE SITES AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALTIES ASSOCIATED WITH THE SITES ARE PROVIDED “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. COACH CONCIERGE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SITES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ERROR-FREE OR RELIABLE. YOU AGREE THAT COACH CONCIERGE IS NOT RESPONSIBLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, OR ILLEGAL CONTENT OR CONDUCT OF ANY THIRD PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS. BECAUSE THE LAWS OF SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL COACH CONCIERGE OR ANY OF ITS MEMBERS, SHAREHOLDERS, DIRECTORS, OFFICERS, OR EMPLOYEES BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY, OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER. BECAUSE THE LAWS OF SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, LOSSES OR LIABILITY, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS COACH CONCIERGE OR ANY OF ITS MEMBERS, SHAREHOLDERS, DIRECTORS, OFFICERS, OR EMPLOYEES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS) AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE SITES (INCLUDING YOUR USE OF THE CONTENT). COACH CONCIERGE RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
15. Third-Party Beneficiary
These Terms specifically are not intended to constitute a third-party beneficiary contract and therefore shall not be construed to be for the benefit of any person or entity not a Party hereto, and no such person or entity shall have any claim or right of action under this agreement.
16. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of California in the United States of America, notwithstanding any conflict of law rules.
These Terms: (i) are drafted and shall be interpreted in the English language; (ii) shall be construed fairly with no inference drawn against the drafting Party; (iii) use, though strictly for convenience, various titles and headings which shall not affect interpretation of these Terms; (iv) set forth the Parties’ entire agreement and understandings relating to the subject matter herein and merges and supersedes all of the Parties’ prior agreements, writings, commitments, discussions and understandings; (v) and any right or obligation set forth in these Terms can only be amended, modified, or waived in a writing signed by Coach Concierge; and (vii) shall bind (and inure to the benefit of) the Parties, and the Parties’ respective heirs, approved assigns, successors-in-interest, and legal representatives (subject to any and all assignment restrictions set forth herein). When used in this Agreement, “including” shall be deemed to mean “including, but not limited to,” regardless whether such term is initially capitalized and notwithstanding any conflicting provision of these Terms.
YOU EXPRESSLY REPRESENT THAT YOU HAVE: (A) READ AND UNDERSTOOD THIS AGREEMENT AND AGREE TO ALL OF ITS TERMS AND CONDITIONS; (B) INDEPENDENTLY EVALUATED THE DESIRABILITY OF ENTERING INTO THIS AGREEMENT AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH HEREIN; AND (C) BEEN AFFORDED THE OPPORTUNITY TO SEEK THE ADVICE OF LEGAL COUNSEL WITH REGARDS TO YOUR RIGHTS AND OBLIGATIONS SET FORTH IN THIS AGREEMENT AND HAVE EITHER SOUGHT OR REFUSED SUCH COUNSEL.
About The Team
Coach Concierge was developed by an entrepreneurial team from all corners of the skating business who understands the needs of coaches, skaters, and parents:
Coach and choreographer of national champion and medalist ice theatre teams
Skater, parent of two skaters and program manager
Skater and former assistant rink manager
Long-time technology executive and rink chauffeur for his family of skaters