Terms and Conditions - ASC Trainer

You must complete all the information requested during the Coach Account creation procedure.

Mandatory information is indicated by an asterisk.

You must provide accurate and up-to-date information.
If any of this information changes after you have registered, you undertake to update it immediately (in particular information concerning your registration number or VAT number).

To create your Coach Account, you will need to provide supporting documents as indicated during the onboarding process.

These documents may include :

• your RCS registration number ;
• A copy of your valid professional coaching card;
• a copy of your valid ID.

These documents enable ASC to verify that you meet the prerequisites defined in Article 1 above.

All documents must be valid and perfectly legible.

Once you have completed the information and provided the required documents, you need to make an appointment with a member of the ASC team to finalize your registration.

At the end of this process, two cases may apply:

Case n°1 – Your Coach Account is validated

After checking the documents provided, ASC validates the creation of your Coach Account.

Your Coach Account will then display the words “Verified” and ASC will generate an “ASC Coach” card on the Platform with your information.
These elements guarantee trust on the Platform and reassure Users.

Verified” means that a Coach has successfully completed ASC’s verification procedure.
However, ASC cannot guarantee the veracity, reliability or validity of the information verified.

Case 2 – Your Coach Account cannot be validated

If any documents are missing, out of date or illegible, we will ask you to correct them so that your Coach Account can be validated.

If our checks show that you do not meet the prerequisites for using the Platform or that all the necessary documents have not been provided, your Coach Account will not be created and you will not be able to access the Platform.

To access your Coach Account, use the password you chose when you created the Coach Account.
This password is strictly personal and must remain secret.

To keep your account secure, ASC requires your password to have at least 8 characters, including one lowercase, one uppercase, one number and one special character.

You are solely responsible for keeping your login and password secret.
Do not share them with anyone and keep them in a safe place.

Any action carried out on the Platform from your Coach Account is presumed to be carried out by you.

If you wish to change your password, you can do so at any time in your Coach Account.

If you learn of the theft, misappropriation or fraudulent use of your password or your Coach Account, immediately renew your password from your Coach Account.

If you forget your password, click on “Forgot your password?” when you try to log in.

Then follow the steps to create a new password using the email address linked to your Coach Account.

You have complete freedom to set the parameters of the private training sessions or group classes you wish to offer Users.

You must complete all required fields to add a session or course offer to your Coach Account.

ASC has no control over the characteristics of the offers you make, and you are solely responsible for their content.

You can offer group lessons in duo with a Coach who has a Coach Account on the Platform.

There are two ways to pay the guest coach:

• A fixed amount: you define the amount in euros (incl. VAT) to be paid to the Guest Coach and ASC pays this amount.
  In this case, your share corresponds to : (Total amount collected – Amount set for the Guest Coach) – 6% Service charge incl. VAT
• A percentage of total winnings: you choose a percentage in euros, including VAT, to be paid to the Guest Coach.
  ASC pays the agreed percentage after deducting the service fee specified in article 4.6.3.
  In this case, your share corresponds to : (Total amount raised – Percentage set for the Guest Coach) – 6% Service charges incl. VAT.

The Guest Coach will have to validate your invitation and the associated conditions for it to be effective.

You can organize your private training session in ASC’s partner spaces on the Platform.

The cost of reserving partner space, including ASC service fees, is communicated directly to you on the Platform.

The partner space reservation fee, including the ASC service fee, is invoiced 24 hours before the start of the course.

All changes must be made directly on the Platform.

You can change the date, time and location of a private training session booked by a User up to 24 hours before the session start time by following the steps on the Platform.

In this case, the User will have to accept your change for the modification to be effective.

However, if you and the User are unable to agree on a postponement, the session will be automatically refunded to the User, and ASC will not charge you the service fee set out in article 9.4 below.

No changes can be made less than 24 hours before the start of the private training session.

All changes must be made directly on the Platform.

You can change the schedule of your group lesson up to 24 hours before the start time of the group lesson by following the procedure on the Platform.

No changes can be made less than 24 hours before the start of the group lesson.

You can cancel a session or a course by following the instructions on the Platform under the following conditions:

The User can change the date, time and location of his private training session up to 24 hours before the session start time by following the procedure on the Platform.

If the modification does not suit you and you do not find a solution with the User, the User is reimbursed and ASC does not charge you the commission provided for in article 4.6.3 below.

Users can modify their participation in a group lesson up to 24 hours before the lesson start time.

The User may cancel his reservation under the following conditions:

You are free to choose the price in euros (including VAT) you wish to charge for a private training session or a group lesson.
The service fees indicated in article 4.6.3 below are deducted from the price you set.

You can change this price at any time from your Coach Account.
The new price will apply to bookings made after this change.
The price of sessions and courses already scheduled will not be changed.

You will receive the price you set, minus the service fee set out in article 4.6.3 below, via your Stripe account within a maximum of 3 to 5 working days after the course or session concerned.

Payment is made to the bank details you provided to ASC when you created your Coach Account.

ASC takes a 6% commission on the price in euros (incl. VAT) you set for the private training session or group lesson.

The amount of this commission is billed directly by ASC, and you don’t have to take any action to pay the service fee.

For example, for a session costing €10, you receive €10 – 6% Service charge incl. VAT, i.e. €9.4.

You can propose sports programs on the Platform.

You must complete all required fields to add a sports program to your Coach Account.

You can offer the following programs:

• General program
• Tailor-made programs for one of your customers

Tailor-made sports programs are offered for a fixed, pre-determined duration.

At the end of the defined period, you can offer the User the option of renewing the sports program via the Platform.

You can define a price for a one-off payment and a price for a monthly payment.
The User can choose between these two options at the time of purchase.

The sports program offer includes coaching sessions with the User.
You are solely responsible for ensuring the coaching sessions that are due and for scheduling your availability with the User.

ASC does not intervene at any time in the running of sports programs.

You are free to choose the price you wish to charge for your sports programs, in euros and including VAT.
The service fees indicated in article 9 below are deducted from the price you set.

You can change this price at any time from your Coach Account.
The new price will apply to purchases made after this change.
The price of current sports programs will not be changed.

Case n°1 – For general sports programs or customized sports programs for which the User has chosen a single payment:

You will receive the price you have defined, less the service fees set out in article 4.6.3 above, via your Stripe account within a maximum of 3 to 5 working days after the purchase of the sports program.

Case n°2 – For customized sports programs for which the User has chosen a monthly payment :

At each monthly payment due date, you will receive the monthly price you have set, less the service charges set out in article 4.6.3 above, via your Stripe account within a maximum of 3 to 5 working days.

ASC takes a 6% commission on the price in euros (incl. VAT) you set for sports programs.

The amount of this commission is billed directly by ASC, and you don’t have to take any action to pay the service fee.

For example, for a program you’ve priced at €100, you’ll receive €100 – 6% service charges incl. VAT, i.e. €94.

You may sell sport-related Products to enhance the User experience.

By selling a Product on the Platform, you acknowledge that all transactions with Users are governed by the General Terms and Conditions of Sale, which apply in addition to these GTCS.

In this context, you must respect all the rights granted to Users and ensure that you are able to implement them.

If applicable, you are also required to comply with the obligations arising from Law No. 2020-105 of February 10, 2020 to combat waste and promote the circular economy, in accordance with Articles L.541-10 of the Environmental Code.

You must complete all required fields to add a Product to your store.

In particular, you must ensure that the description of the characteristics of the Products is accurate and complete.
You must ensure that the description of the Products does not mislead Users, particularly with regard to the associated visuals.

When you set the price, you must ensure that the total price proposed for the sale of the Products is accurate and includes the applicable VAT rate if you are subject to this tax.
The price must also include all charges to which the Product may be subject (eco-taxes, customs duties, etc.).

Under no circumstances may you ask the User to pay any sum other than that shown on the Product description sheet.

You are responsible for managing the stock of your Products and for not offering Products for sale on the Platform that are not available.

ASC is not involved at any time in the creation or marketing of the Products.
You are solely responsible for them.

Certain Products are strictly forbidden for sale on the Platform:

• Non-Compliant Sports Equipment: sports equipment that does not meet the conditions defined in article R322-29 of the French Sports Code.
• Unsafe products: products that do not comply with current health and safety requirements or do not bear the CE mark.
• Illegal or regulated products: illegal or regulated products, such as drugs, weapons, dangerous substances, stolen goods or explosives.
• Counterfeits: Products that infringe copyrights, trademarks or other intellectual property rights.
• Inappropriate products: Products that contain defamatory, discriminatory, obscene or offensive content.
• Misleading products: Products that claim to offer miraculous or unrealistic results without scientific justification, cures.
• Animals: Live animals and pets
• Food and Beverage: Food, beverages and other consumables
• Medicines: Medical products, whether prescription or over-the-counter.

You are solely responsible for verifying that the Products you sell comply with the above guidelines and all applicable laws and regulations.

If we learn that you are in breach of these obligations, we may take the following action:

• Withdrawal of the Product: the Product will be immediately withdrawn from the Platform.
  We will notify you and explain the reason for its withdrawal.
• Suspension or Termination of Coach Account: If it appears that you repeatedly offer for sale prohibited products, or if you offer for sale a particularly dangerous Product, your Coach Account may be immediately suspended or terminated without notice.
  We will inform you of this decision if applicable.

We also reserve the right to report illegal activities to the appropriate authorities.

You can offer Users two delivery options for the Products in your store:

• Personal delivery: you can give the Product to the User at your next group class or private training session.
  In this case, the delivery date is the date of your next class or session, and no delivery charge is applied to the User.
• Delivery via the carrier of your choice: You choose the delivery service and its price.
  Pay attention to the costs, which depend on the size and weight of the product.
  You must also indicate the delivery zones served and the approximate delivery time when the User confirms the order.
  You are free to set the price scale of your choice for delivery by carrier.

You must take all necessary care to protect the Products during shipment and/or transport to avoid any damage.
In any case, any damage caused to the Product during transport is your responsibility.

You are solely responsible for the delivery of the Product and must ensure that the User has actually received the Product.
In the event of loss or theft of the Product before actual delivery, you are solely responsible.

The User must confirm receipt of the Products via the Platform to trigger your payment.
If the User does not validate receipt, you must contact him/her again to confirm receipt.

As a professional, you are fully responsible to Users for the proper execution of the sale, including delivery.
Thus, the risk of loss or theft of the package during transport rests with you.
It is your responsibility to take action against the carrier if applicable.

You are also fully responsible for the legal guarantees that apply to the sale of Products (legal guarantee of conformity and hidden defects).

Users may contact you directly for any complaint relating to Products ordered by using the messaging system.
In the event of a complaint by a User, it is your responsibility to settle the dispute directly with the User.
You must use your best efforts to find an amicable solution to the dispute.

If you have not resolved the dispute amicably within 30 days of receipt of the complaint, we reserve the right, after informing you, to reimburse the User.
In this case, the amount reimbursed by us will be re-invoiced to you, if necessary by offsetting against other sums to be paid to you at a later date.

If you reach a complaint rate of more than 5% on orders made by Users and you have made more than 5 sales, we reserve the right to take one of the actions mentioned in Article 23.

You are free to choose the price you wish to receive for a Product in euros, including VAT.
The service charges indicated in article 6.6.3 below are deducted from the price you have set.

If applicable, you also set the price including VAT for delivery by carrier and for the various delivery options that the User may choose.

You can change this price at any time from your Coach Account.
The change will take effect on all purchases made after the price change.

You will receive the price you have set, less the service charges set out in article 6.6.3 below, via your Stripe account within a maximum of 3 to 5 days from the User’s confirmation that he has received the Product.

Payment is made to the bank details you provided to ASC when you created your Coach Account.

When you sell a Product, you agree to use only ASC’s secure payment system provided on the Platform by ASC’s service provider.

ASC takes a 6% commission on the price in euros (incl. VAT) you set for the Product.

Any applicable delivery charges are not subject to commission by ASC.

The amount of this commission is billed directly by ASC, and you don’t have to take any action to pay the service fee.

As a professional, you are obliged to respect consumers’ right of withdrawal.
This right allows Users to change their mind about a purchase made online.

In practical terms, this means that you must offer Users a period of 14 days from the date of delivery of the Product, unless the Product falls within the exceptions set out in article L221-28 of the French Consumer Code.
Users do not have to justify their decision or pay any penalty if they decide to exercise their right of withdrawal.

If a User who has purchased a Product eligible for the right of withdrawal decides to withdraw :

• ASC, in its capacity as a trusted third party, will reimburse the customer’s full payment, including delivery costs, based on the standard rate offered.
• Once the User has been reimbursed, ASC will re-invoice the total amount reimbursed to the consumer, less any service fees already collected.

If the Products you sell fall within one of the exceptions to the right of withdrawal, you must inform the consumer directly on the Product sheet at the time of purchase.

The messaging service allows you to communicate with Users.
You can only communicate with Users who have purchased one of your services or Products at least once, or whom you have confirmed you know.

You are solely responsible for the content of private messages exchanged via the messaging system.
ASC does not verify the content of messages exchanged.

By using the messaging service, you agree to

• Behave in a respectful manner towards your interlocutors
• Use the messaging service only for purposes related to the use of the Platform

You must not use ASC messaging to send messages unrelated to the Platform.

In particular, the following message categories are prohibited:

• messages of a commercial nature unrelated to the use of the Platform
• messages containing illegal content
• messages containing pornographic content.

Finally, we recommend that you do not communicate your personal details via the messaging system and that you only use the Platform to exchange information.

As part of your annual package subscription, professional insurance is included.
This insurance is provided by our partner insurer Hiscox.

Professional insurance covers the risks associated with your professional activity as a Coach on the Platform, in accordance with the terms and conditions detailed in the insurance contract available at all times.

Insurance takes effect as soon as your Coach Account is created on the Platform, and remains in force for as long as your subscription is valid.

If you have any claims or questions about your insurance, you should contact asc@clevercourtage.com

ASC directly. ASC does not intervene in the relationship between you and the insurer.

If you terminate your subscription to the Platform, the insurance cover will end at the same time as your subscription.

To use the Platform, you must pay a monthly subscription fee of the amount indicated on the Platform on the day your subscription is taken out.

This amount applies in addition to the various commission charges applicable in accordance with these GCS (see articles 4.6.3, 0 and 6.6.3).

Payment of the price is made by credit card, debit card or any other means of payment offered on the Platform.

All payments made on the Platform are made through our secure payment service provider Stripe.

Thus, use of the Platform implies acceptance of the connected account contract set up by Stripe and of the general terms and conditions of use of Stripe’s “Stripe Connect” product available at the following address: https://stripe.com/fr/connect-account/legal#translation/.

We may offer you a free trial period of the Platform, for a fixed period and without financial commitment, to enable you to evaluate the functionalities offered.

In this case, the specific terms of this offer, including its duration, are explicitly indicated on the Platform.

If you do not unsubscribe before the end of the trial period, your trial will be automatically converted to a paid subscription.

You will then be billed the monthly subscription fee on the day you switch from the free trial to the paid subscription.

You can customize your profile on the Platform by adding various personalization elements, such as descriptions, photos, links to your social network accounts, etc.

The content you publish on your profile page belongs exclusively to you.
We have no ownership rights to your profile information or content.

However, by posting such content on the Platform, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, display, modify, adapt, distribute and promote such content in all known formats and distribution channels, whether now known or later developed.

This license remains in force for the duration of the CGS Coachs and ends when you delete your content or terminate the CGS Coachs.

The content you share must comply with the Coachs T&Cs and must not infringe the rights of third parties, in particular intellectual property rights.
Inappropriate, offensive or illegal content may be removed at our discretion.
The Coach guarantees ASC against any recourse, claim, action or demand from third parties resulting from the infringement of intellectual property rights or other rights of third parties related to the content published by the Coach on the Platform.
This warranty also covers any violation of applicable intellectual property laws and regulations.

In the event of an appeal or claim by a third party, the Coach undertakes to pay all legal and out-of-court costs, including lawyers’ fees, as well as any compensation due to a third party following a final court decision or settlement agreement.

The Coach also agrees to cooperate fully with ASC in the defense and settlement of any claim or action in connection with any alleged infringement of intellectual property rights or other rights of third parties.

This guarantee remains in force for the duration of the Coach’s use of the Platform and continues after termination of the Coach GTCS for any reason whatsoever.

ASC owns all intellectual property rights relating to the Platform, including, but not limited to, the rights to text, graphics, sound, video, software, databases, logos, data, trademarks and other elements comprising the Platform and the services offered by ASC (hereinafter, the “Intellectual Property Elements”).

The creation of a Coach Account does not grant you any rights to the Intellectual Property Elements, which remain the exclusive property of ASC under all circumstances.

Any unauthorized reproduction, representation, extraction or use of the Intellectual Property Elements is strictly prohibited and constitutes an infringement of ASC’s intellectual property rights, which may give rise to legal proceedings.

By using the Platform, you agree to respect all of ASC’s intellectual property rights and not to infringe them in any way.

Before cancelling your Coach Account, you must ensure that you do not have any private training sessions, group classes, sports programs in progress, or products from your store in the delivery phase.

If this is the case, termination of your Coach Account will not be possible until all your obligations to Platform Users have been fulfilled.

Once you have met all the necessary conditions and terminated your Coach Account, it will take effect at the end of your next monthly anniversary date.

After this date, you will no longer be billed and will no longer be able to access the Platform.
No refund will be made for the current month.

In the event of termination, your Coach Account will be deactivated for a period of 3 months.
During this period, you can reactivate your Coach Account at any time and retrieve your data history.

At the end of this 3-month period, your Coach Account and all associated data will be permanently deleted.
If you wish to use the Platform again, you will need to create a new Coach Account and start from scratch.

If you wish to re-subscribe to the Platform after cancelling your Coach Account, you can do so by clicking on the “Re-subscribe” option available in the “My Bills” tab of your account.

In the event of a breach of these Coach T&Cs, ASC reserves the right to take one or more of the following actions, after due notice to you:

• Blocking of one or more functionalities of the Platform,
• Suspension or deletion of your Coach Account,
• Blocking of all new registration requests on the Platform.

Deletion of your Coach Account or termination of the Coach T&Cs will result in the deletion of all data associated with your Coach Account.

In the event of termination or suspension by ASC, no refund of the current month’s price will be made.

In the event of suspension, ASC will inform you when your Coach Account will be accessible again.

If ASC decides to delete your Coach Account, you will not be able to access the Platform in the future.

ASC may modify the content and/or functionality of the Platform at any time in order to improve its quality.

Any modification of the Coachs GTS imposed by a legal or regulatory measure will take effect as soon as it comes into force, without prior notification.

In the event of major modifications to the Coachs GTC, ASC will inform you by any means 1 month before the date of their entry into force.
In the case of minor modifications, ASC will apply a reduced notice period of 5 working days.

In this case, the changes will take effect on the date of your next subscription renewal or on the date indicated by ASC.

If you do not accept the new Coachs CGS, you may cancel your subscription.