Last updated: December 15th, 2022
These terms of service are entered into between Coach Me Fitness Inc, d/b/a CoachMe ("Platform"), and you, being the Fitness Coach ("Coach") and set forth the terms and conditions upon which the Platform and the Coach, will provide its services to each other in accordance with the laws of the state of Delaware.
1. Being a Coach:
Becoming a Coach: To become a Coach on the CoachMe platform, an individual must submit an application and be accepted by CoachMe. Coaches offer services such as online sessions, pre-recorded workout plans, and pay-per-view live streams. Coaches are required to comply with all necessary qualifications, licenses, and insurance in the region where they provide coaching services. CoachMe reserves the right to approve or reject an individual's application to become a Coach on the CoachMe platform at its sole discretion.
2 .Video storage:
CoachMe grants the Coach access to up to 50 gigabytes of video storage space. CoachMe reserves the right to provide the Coach with additional storage space at its discretion. If CoachMe determines that the Coach's content is inappropriate or undesirable, or if the Coach fails to promote and sell the stored videos adequately, CoachMe will be allowed to remove the Coaches content from the CoachMe platform. The Coach warrants that all content uploaded to the CoachMe platform is their own original content and not that of a third-party.
3. Virtual Coaching:
CoachMe offers you, the Coach, the ability to book, process payments for, and facilitate virtual video and audio sessions. As a Coach, it is your responsibility to initiate the video/audio call at the scheduled and paid-for date and time. If you fail to do so, it may result in a refund for the Client, which can be issued by CoachMe in case the Coach has not redeemed the tokens for the video/audio call or directly by the Coach if the Coach has already redeemed the tokens for the video/audio call.
4. Product Offering:
CoachMe provides you, the Coach, with a platform to sell products to your clients. As the Coach, it is your responsibility to ensure that purchased products are delivered to the client. If the products are not delivered, you will be required to provide a refund to the client.
5. Live Streaming:
CoachMe offers a live workout streaming service to you, the Coach. Clients can book and purchase access to the streaming session. As the Coach, you agree to ensure that the streaming session takes place on time and in an appropriate manner. If the stream is not initiated at the scheduled time, it may result in a refund for the Client, which can be issued by CoachMe in case the Coach has not redeemed the tokens for the live stream or directly by the Coach if the Coach has already redeemed the tokens for the live stream.
CoachMe provides a managed payment system for clients to purchase tokens. These tokens are owned by the client until they make a purchase from the Coaches' platform. CoachMe retains a percentage of the amount spent by the client as a fee for the software, server capacity, video storage, and airtime of the platform. The Coach then earns the remaining balance of the tokens less transaction fees and any applicable taxes. The Coach can redeem any available amount (minimum of $25 USD) from their "wallet" after an 8-day period from when the tokens have been spent. Payments to the Coach are processed from CoachMe's PayPal account to Coach's PayPal account. The Coach will receive the following percentages of transactions, less 5% transaction fees charged by the payment gateway provider:
90% of tip transactions
85% of workout sales
90% of video call payments
90% of audio call payments
85% of live stream payments
90% of product sales
85% of messenger payments.
7. Appropriate content:
The Coach agrees to comply with all guidelines established by CoachMe regarding the content displayed on the platform, including refraining from posting any offensive or inappropriate material or content classified as "adult" in nature. The Coach commits to only providing fitness-related content to clients through uploads, live streaming, and virtual sessions and warrants that all content used is original and not sourced from any third party.
As the Coach, you agree to take full responsibility for any legal actions taken against you in relation to your use of the CoachMe platform. This includes covering any losses or liabilities, including legal fees, for CoachMe, its subsidiaries, affiliates, officers, directors, employees, agents, and third-party service providers. CoachMe reserves the right to handle the defense of any such claims and you agree to assist CoachMe in doing so.
9. Warranty Disclaimer:
As a Coach using CoachMe, you understand that while we will strive to provide the best service possible, there may be instances where the platform does not perform as intended. CoachMe is provided "as is" and without any guarantee or warranty of any kind. Any warranties, including those related to merchantability, suitability for a specific purpose, non-infringement, or any other warranties, are excluded to the fullest extent permitted by law. These disclaimers of warranty also apply to our subsidiaries, affiliates, and third-party service providers.
10. Limit of liability:
As a Coach on the CoachMe platform, you understand and agree that any loss or damages incurred while using the platform will be limited to the amount of money earned by CoachMe through your usage of the platform. CoachMe and its subsidiaries, affiliates, officers, directors, employees, agents, and third-party service providers will not be held liable for any indirect, incidental, consequential, punitive or other damages resulting from your use of the platform, as per the extent allowed by applicable laws. Additionally, CoachMe will not be held responsible for any losses caused by unfulfilled benefits or conflicting contractual agreements.
11. Dispute resolution:
Please reach out to CoachMe if you encounter any problems as a Coach. We encourage you to contact us. Any disputes arising from these terms or your use of the CoachMe Platform will be resolved in the courts of Delaware. Both parties agree to the exclusive jurisdiction and venue of the Delaware courts to resolve any disputes. Delaware law, excluding any conflicting provisions, will be applied to these terms, all other CoachMe policies, and any disputes that arise between you, the Coach, and CoachMe.
CoachMe may collect and report tax identification information as required by law. As a Coach, you are responsible for reporting any income or withholding taxes that may be due as a result of payments received through the platform. CoachMe may also be responsible for various transactional taxes, such as Value Added Tax (VAT) for electronically supplied services to clients in the EU, Goods and Services Tax (GST) as an operator of an Electronic Distribution Platform (EDP) in Australia, and Sales Tax in the United States. In cases where Coaching is required to collect transaction tax from customers, the tier or amount plus the applicable tax will be reflected in the payment and will not be taken from the payment. The tax amount will be automatically deducted for remittance to the relevant taxing authority, and a record of the transaction tax portion of the pledge will be available on the earnings details page. As a Coach on our platform, it is your responsibility to provide accurate information when using the sales tax weighting tool and listing benefits transferred within your tiers
Termination, Either the Platform or the Coach may terminate the agreement between them at any time and for any reason, with or without cause, and with immediate effect, by providing written notice of such termination.
This agreement is governed by American law.