Last update: February 5, 2024

These Terms and Conditions serve to regulate the relationship between My Tri World e.U., a sole trader with a place of business in Vienna, Austria, and non-EU individuals using the Services My Tri World e.U. provides. 

1.Acknowledgment 

1.1. These Terms and Conditions are between You and My Tri World, and regulate your access to and use of our website located at mytriworld.com, and related Services, including but not limited to Training plans, Consultations and Individual coaching.

1.2. The brand My Tri World is owned by Clement Vanacker, a sole proprietor with a place of operation in Vienna, Austria.  

1.3. These are the Terms and Conditions governing the use of any of the Services described in Art. 4 and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of any of the Services. 

1.4. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use any of the Services. 

If you have any concerns or reservations about any aspect of these Terms and Conditions, please be aware that accessing the Service may not be possible for you. 

1.5. Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy (https://mytriworld.com/privacy/) carefully before using Our Service.

2.Interpretation 

The words of which the initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

3.Definitions 

For the purposes of these Terms and Conditions: 

3.1. The Company (referred to as either “the Company”, “The Coach”, “The Consultant”, “We”, “Us” or “Our” in this Agreement) refers to My Tri World. 

3.2. The Client refers to individuals or a company, or other legal entity on behalf of which such individual is accessing or using any of the Services. Individuals must be 18 years or older.  

3.3. The Visitor refers to website visitors who are not necessarily Clients.  

3.4. The Service means any of the offers listed and described in Art. 4.

3.5. In the context of these Terms and Conditions for our website, “affiliate” refers to a trusted third-party partner or organisation with which We have established a cooperative relationship. These affiliates may promote, recommend, or endorse our products or Services by providing special tracking links, promotional codes, or other means, typically in exchange for a commission or referral fee when visitors or customers make a purchase through the provided affiliate links or codes. Please note that We may receive compensation from our affiliates for such referrals, but this does not affect the price you pay for products or Services. We take care to collaborate with affiliates who align with our values and standards, and We encourage transparency and trust in all affiliate-related activities.

3.6. ”Local”, “Place of business” and “The Country” refer to Austria.

3.7. The Website (as well as “The Site”) refer to The Company’s website located at mytriworld.com.

3.8. Device means any device that can access any of the Services such as a computer, a cell phone or a digital tablet.

3.9. Feedback means feedback, innovations, or suggestions sent by the Client or a Visitor regarding the attributes, performance, or features of our Services or our Website.

3.10. Promotions refer to contests, sweepstakes or other promotions offered through the Service.

3.11. Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You, the Client and the Company regarding the use of the Service.

3.12. Third-party Social Media Service means any services or content (including data, information, products, or services) provided by a third party that may be displayed, included or made available by the Service. 

4.Services 

4.1. Ongoing Coaching is a package offer, designed for highly motivated triathletes who target middle or long-distance triathlons.  

4.1.1. The Company offers the following package for Coaching:

  • Custom training plan built around your life
  • Initial assessment
  • Season planning
  • Pre-race and post-race analysis for A races
  • Ongoing email communication
  • Powered by the best in class Trainerroad app
  • Progress video call (from one to four per month depending on selected option)
  • Plan adjustment (bi-weekly or weekly depending on selected option)

4.1.2. Each coaching package duration is set together by the Client and the Coach. The contract begins on the Effective Date and ends on the agreed date. The minimum contract duration is 3 months.

4.1.3. Shall the Company establishes that the  Client does not have the appropriate training equipment necessary for the Coaching, The Client agrees to obtain that equipment no later than 1 month from the starting date of the Coaching.

4.1.4. It is possible to design personalized coaching packages. Nevertheless, the Company is not obligated to offer such packages and reserves the right to do so at its discretion.  

4.1.5. Guidance including race selection will be offered during the “progress video calls.” The Client schedules these optional calls up to four times a month. The duration of each call is tailored to the needs of the Client. However, the maximum duration of a progress call cannot exceed 45 minutes.

4.1.6. At their discretion, the Company may offer a free 20-minute consultation to new Clients. This consultation serves the purpose of establishing whether the Client and the Company are a good fit. Providing such consultation does not create any obligations for the Parties to enter into a contract.

4.2. On-demand Coaching is for triathletes who want to have someone reviewing their training and/or answer specific questions. The contract begins on the Effective Date and ends on the agreed date.

4.2.1. The Client is responsible for paying for any Services, and/or product (including but not limited to communication, research, analysis, and/or any product created by the Company).

4.2.2. Guidance will be offered through emails and video calls. The Client schedules these calls when needed. The duration of each call is tailored to the needs of the Client. However, the minimum planned duration of a call cannot be less than 30 minutes. If it lasts less than 30 min, the Client will be charged for the full 30 min.

4.2.3. At their discretion, the Company may offer a free 20-minute consultation to new Clients. This consultation serves the purpose of establishing whether the Client and the Company are a good fit. Providing such consultation does not create any obligations for the Parties to enter into a contract.

4.3. Preparation of individualised training plans. The Client can choose a training plan depending on his level of experience, the number of weeks available for training, and the distance of the goal event. The plan can be provided as a PDF or in the app TrainingPeaks.

4.4. Online courses. The Client has the option to select from multiple online courses based on their desired focus. The content of the course will be delivered by email or through a third-party platform.

4.5. During the validity of the Service and for a period of three years after termination thereof, the Client shall agree not to enter into any kind of business transactions with persons or organisations the Company employs to perform the Client’s contractual duties. In particular, the Client shall not employ said persons or organisations to render coaching and/or consulting Services the same or similar to those offered by the Company.

4.6. The Client understands that their cooperation is vital for the Services to be successful. This involvement includes sharing information, like health-related details, when needed. If the Client doesn’t actively participate, it could result in the termination of the Service.

Cooperation extends beyond merely providing answers or notifications. It includes honestly answering the Company’s inquiries and informing the Company about any changes in the Client’s health or training environment that could affect the coaching process.

4.7. Requesting a Service via the Website, via Email or during a meeting with representatives of the Company, and direct purchasing on the Website constitutes a contract between the Company and the Client. 

5.Promotions 

5.1. Any Promotions made available through the Website may be governed by rules that are separate from these Terms. 

5.2. If The Client or a Visitor participates in any Promotions, they must make sure to review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply. 

5.3. Promotions are always only valid within a certain time-period, set by the Company or an Affiliated partner.

6.Cost of the Services  

6.1. All prices of Services and products provided by My Tri World are in accordance with our price list. The price list is part of these Terms. 

6.2. The price of each item is listed on our Website, and it includes all applicable taxes. 

6.3.Payment 

6.3.1. Payment for Courses and Training plans: 

a/ When you purchase any of our Services, you hereby authorise My Tri World to charge your payment card or another payment instrument (“Payment Method”) for the Service fee. The Company will charge your Payment Method the amount of the Service fee immediately upon your order when the Payment Method is a debit or credit card. 

b/ We use a third-party payment processor (the “payment processor”) to bill you for any paid Services through a payment account linked to your account. By choosing to use paid Services, you agree to pay us, through the payment processor, all charges at the prices then in effect for any use of such paid Services in accordance with the applicable payment terms, and you authorise us, through the payment processor, to charge your chosen payment method.  

We reserve the right to suspend or cancel The Client’s purchase or terminate their access to the Services in the event that We are unable to successfully charge the provided payment method. We are not responsible for errors by the payment processor, and We reserve the right to correct any errors or mistakes that We or the payment processor make(s) even if We have or our payment processor has already requested or received payment. If we, through the payment processor, do not receive payment from The Client, the Client agrees to pay all amounts due on your billing account upon demand.   

6.3.2. Ensuring that at all times the chosen Payment Method is valid and up-to-date is the responsibility of the Client. The Client is also responsible for providing complete and accurate billing and contact information to The Company and notifying The Company of any changes to such information.   

6.3.3. Payment for Ongoing coaching is made with a bank transfer by the 5th of the month.

6.3.4. Payment for On-demand Coaching and additional Services are made with a bank transfer within 7 days of receiving the invoice.

6.3.5. If the Client cannot make the payment on time, they should immediately inform the Company. Delays over 5 days will result in $25 late fees.

7.“AS IS” and “AS AVAILABLE” Disclaimer 

7.1. Any of the Services and the contents of the Website is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and Service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that any of the Services and/or the Website will meet the Client’s and/or the Visitor’s requirements, achieve any intended results, be compatible or work with any other software, applications, systems or Services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. 

7.2. Without limiting the foregoing, neither the Company nor any of the Company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of any of the Services and/or the Website, or the information, content, and materials or products included thereon; (ii) that any of the Services and/or the Website will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through any of the Services and/or the Website; or (iv) that any of the Services and/or the Website, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. 

7.3. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to the individual Client and/or Visitor. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

8.Cancellation  

8.1.Rescheduling and cancellation of sessions and consultation is possible once per appointment with a 24-hour notice. A consequent rescheduling or cancellation of appointment will result in payment of the whole fee to the Company.  

8.2.The Company is considered notified if the notification has been sent per email to [email protected] 

9.Termination

9.1. The contract terminates with the completion of the assignment.   

9.2. Ongoing Coaching contracts after the initial 3-month minimum commitment can be terminated with a 21-day notice. The Company will recalculate the total amount the Client should have been paying (with the less favorable rate) and will bill the difference.

9.3. Apart from this, this contract may be terminated for good cause by either party at any time without notice. Grounds for premature termination include the following:  

9.3.1. one party breaches major provisions of these Terms and Conditions;  

9.3.2. one party opens insolvency proceedings or the petition for bankruptcy is denied because of insufficient assets to cover expenses. 

9.3.3. The Client is using performance-enhancing drugs 

9.3.4. The Client has suffered an injury which makes the Service impossible 

9.3.5. It has been revealed that the Client is underaged. 

10.Limitation of liability

10.1. Notwithstanding any damages that the Client might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by the Client through the Service or the use of the Website. 

10.2. To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Website or any of the Services, third-party software and/or third-party hardware used with the Website or with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. 

11.Force Majeure 

Neither party shall be held responsible for any harm, loss, expenses, or costs resulting from a Force Majeure event. In the event of a Force Majeure event, the affected party will promptly notify the other party in writing. This notice will include details about the cause of the Force Majeure event and how it will impact the party’s ability to fulfil its obligations. 

12.Indemnification

12.1.. The Client agrees to indemnify, defend, and hold harmless the Company, contractors, and any third parties for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of the provision of coaching by the Company to the Client.

12.2. If the Company is found liable for any loss or damage under this contract, liability shall be limited to the lesser of the total payments made under this contract or the last three months’ payments.

13.Medical professional consultation

13.1. Before starting any physical activity, the Client should consult with a healthcare professional to ensure that there are no health risks or restrictions specific to their individual needs. If the Client experiences any unexpected physical changes during training, it is recommended that they seek medical assistance immediately. Individuals who have pre-existing medical conditions, poor health, or any concerns regarding starting a new fitness program should consult with a healthcare professional and receive their approval before beginning any program or following any information provided by the Company.

13.2. The Company does not give any medical advice, and no content in any of the materials of the Company is intended to be for medical use.

14.Company representations

14.The Client understands that the Company is not qualified to offer advice on nutrition, strength, conditioning, or sports psychology. Any information provided by the Company is purely for educational purposes, such as health, fitness, nutrition, or travel. They do not provide medical advice, diagnosis, treatment, or rehabilitation and may suggest that Clients seek advice from third-party resources.

15.Anti-doping

The Company and any associates or brands associated with the Company believe in clean sports and do not tolerate any use of performance-enhancing drugs.

16.Brand discounts

The Client may receive discount codes that are strictly confidential. The brand partners have the authority to modify, alter, or eliminate discounts at their discretion. The Company is not responsible for any potential problems that may arise from the partnership between the Client and the brand partners.

17.Confidentiality

17.1.During the course of the Services provided and especially during the course of the coaching relationship, the Company and Client may exchange information that is considered confidential and proprietary to each other. Such information may include, but is not limited to personal experiences, goals, training plans, formulas, documents, programs, coaching sessions, advice and any other information marked as “Confidential” or that should reasonably be understood to be confidential.

17.2.Obligations:

17.2.1.The parties acknowledge and agree that any confidential information shared between them shall be treated as strictly confidential.

17.2.3..The Coach agrees to maintain the confidentiality of all confidential information received from the Client. The Company will not disclose, reproduce, distribute, or otherwise share any confidential information without the prior written consent of the Client.

17.2.4..The Client agrees to maintain the confidentiality of all confidential information shared by the Company. The Client will not disclose, reproduce, distribute, or otherwise share any confidential information without the prior written consent of the Company.

17.2.5..Both parties shall use the same degree of care to protect the confidential information as they would use to protect their own confidential information of a similar nature, but in no event less than reasonable care.

17.3.Notwithstanding the above, the obligations of confidentiality shall not apply to information that:

17.3.1.Was already in the possession of the receiving party without an obligation of confidentiality prior to its disclosure by the disclosing party.

17.3.2.Becomes publicly known or available through no fault of the receiving party.

17.3.3.Is independently developed by the receiving party without the use of confidential information.

17.4.By purchasing any of our Services, you agree to give the broadest possible protection to maintain the confidentiality of the confidential information and understand that it is for your own exclusive and personal use and should not be shared or passed on to others in any way, shape, or form.

17.5.On termination of coaching, you remain bound to the confidentiality of the confidential information as outlined in this contract unless the confidential information becomes public through no wrongful act of the Client.

18.Relationship to Ironman and Ironman U

The Company and all of its representatives are independently providing their coaching Services. The Company is not an employee or agent of IRONMAN U, World Triathlon Corporation, or any of World Triathlon Corporation’s affiliates.

19.Affiliated links

19.1. You should assume that some of the links are “affiliate links”, a link with a special tracking code. 

19.2 This means that if You click on an affiliate link and purchase the item, the Company may receive an affiliate commission. This is a legitimate way to monetize and pay for the operation of the Website and the Company gladly reveals its affiliate relationships to You. 

19.3. The price of the item is the same whether it is an affiliate link or not. Regardless, the Company only recommends products or services the Company believes will add value to users. 

19.4. Affiliate advertising programs that the Service uses are: 

19.4.1. Amazon Services LLC Associates Program As an Amazon Associate, I earn from qualifying purchases. The Company is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com or endless.com, MYHABIT.com, SmallParts.com, or AmazonWireless.com. Pages on this Service may include affiliate links to Amazon and its affiliate sites on which the owner of this Service, My Tri World, will make a referral commission. 

19.4.2. Wiggle.

20.Advertisements on the Website

20.1. Third-party advertisements and links to third-party websites may also appear while using the Website. The Company does not make any representation as to the accuracy or suitability of any of the information contained in those advertisements or websites and does not accept any responsibility or liability for the conduct or content of those advertisements and websites and the offerings made by the third-parties. 

20.2. Third party advertisements and links to other websites where goods or services are advertised are not endorsements or recommendations by the Company of the third-party sites, goods or services. The Company takes no responsibility for the content of the ads, promises made, or the quality/reliability of the products or services offered in all advertisements.

21.Views Expressed Disclaimer 

21.1. The Website may contain views and opinions that are those of the authors and do not necessarily reflect the official policy or position of any other author, agency, organisation, employer, or company, including the Company. 

22.2. Comments published by users are their sole responsibility, and the users will take full responsibility, liability, and blame for any libel or litigation that results from something written in or as a direct result of something written in a comment. The Company is not liable for any comment published by users and reserves the right to delete any comment for any reason whatsoever.

22.Feedback

The Client voluntarily shares their Feedback with the Company and agrees to grant the Company certain rights related to this Feedback. In the event that the assignment of these rights is not legally effective for any reason, the Client further agrees to provide the Company with a non-exclusive, permanent, unchangeable, royalty-free, worldwide right and licence. This licence allows the Company to utilise, reproduce, disclose, sub-license, distribute, modify, and make use of the Feedback without limitations.

23.Intellectual Property 

23.1. The Website, any of the Services, and its original content, features, and functionality are and will remain the exclusive property of the Company. 

23.2. The Company shall retain all copyrights to any work done by the Company and/or by individuals working on behalf of the Company and/or by third parties engaged by the Company (including, but not limited to, proposals, reports, analyses, expert opinions, organisation charts, programs, performance descriptions, drafts, calculations, drawings, data media, plans, courses etc.). Throughout the contract period and after its termination, the Client may use these materials exclusively for the purposes described in these Terms and Conditions. Consequently, the Client is not authorised to duplicate or distribute these materials without obtaining explicit consent from the Company. 

23.3. Any breach of this provision by the Client gives the Company the right to terminate the Service provided prematurely and seek other legal remedies, especially for injunctive relief and/or compensation.

24.Changes to These Terms and Conditions

24.1. The Company reserves the right to amend these terms and conditions at any time. Notice of any modifications will be provided to all users via email, or by other means deemed appropriate by the Company. 

24.2. is the Client’s responsibility to review these terms periodically for updates. However, please note that the terms and conditions in effect at the time of entering into a contract will remain valid for the duration of that contract, unless mutually agreed otherwise.  

24.3. In the event when the continuation for the Service under the previous Terms and conditions is not possible, the Client will be given a 7-day review period. The review period starts from the date of notification. After this review period, the revised terms will become effective, and the Client’s continued use of the Services will signify their acceptance. 

24.4. Should the Client not wish to continue using the Service with the revised Terms and Conditions, they need to inform per email the Company within the review period.  

25.Severability and Waiver

25.1. If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

25.2. Except as provided herein, the failure to exercise a right or to require the performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

26.Governing Law 

Any contract made between My Tri World and the Client shall in all respects be governed by and construed in accordance with Austrian law and the parties hereto submit to jurisdiction of the Austrian courts.

27.Disputes Resolution 

27.1. If The Client has any concern or dispute about any of the Services, they agree to first try to resolve the dispute informally by contacting the Company in good faith. 

27.2. If all efforts fail, The Client agrees to enter a process of mediation. 

27.3. Shall the mediation prove to be unsuccessful; the competent court is the Austrian court.

28.Privacy policy and record retention policy

28.1. The Privacy policy of the Company applies to all contracts and relationships that occur as a result of the use of the Company’s Services and the use of the Website by Visitors.

28.2. The Client recognizes that the Coach has provided information about the Company’s policy regarding the retention of documents, information, and data acquired or shared during the duration of the Company-Client relationship. The Company will preserve these records for a minimum of 7 years from the year the contract became effective, using a format chosen by the Company (either in print or digital/electronic).

These Terms and Conditions serve to regulate the relationship between My Tri World e.U., a sole trader with a place of business in Vienna, Austria, and EU individuals using the Services My Tri World e.U. provides. 

1.Acknowledgment 

1.1. These Terms and Conditions are between You and My Tri World, and regulate your access to and use of our website located at mytriworld.com, and related Services, including but not limited to Training plans, Consultations and Individual coaching.

1.2. The brand My Tri World is owned by Clement Vanacker, a sole proprietor with a place of operation in Vienna, Austria.  

1.3. These are the Terms and Conditions governing the use of any of the Services described in Art. 4 and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of any of the Services. 

1.4. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all Visitors, users and others who access or use any of the Services. 

If you have any concerns or reservations about any aspect of these Terms and Conditions, please be aware that accessing the Service may not be possible for you. 

1.5. Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy (https://mytriworld.com/privacy/) carefully before using Our Service.

2.Interpretation 

The words of which the initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

3.Definitions 

For the purposes of these Terms and Conditions: 

3.1. The Company (referred to as either “the Company”, “The Coach”, “The Consultant”, “We”, “Us” or “Our” in this Agreement) refers to My Tri World. 

3.2. The Client refers to individuals or a company, or other legal entity on behalf of which such individual is accessing or using any of the Services. Individuals must be 18 years or older.  

3.3. The Visitor refers to website Visitors who are not necessarily Clients.  

3.4. The Service means any of the offers listed and described in Art. 4.

3.5. In the context of these Terms and Conditions for our website, “affiliate” refers to a trusted third-party partner or organisation with which We have established a cooperative relationship. These affiliates may promote, recommend, or endorse our products or Services by providing special tracking links, promotional codes, or other means, typically in exchange for a commission or referral fee when Visitors or customers make a purchase through the provided affiliate links or codes. Please note that We may receive compensation from our affiliates for such referrals, but this does not affect the price you pay for products or  Services. We take care to collaborate with affiliates who align with our values and standards, and We encourage transparency and trust in all affiliate-related activities.

3.6. ”Local”, “Place of business” and “The Country” refer to Austria.

3.7. The Website (as well as “The Site”) refer to The Company’s website located at mytriworld.com.

3.8. Device means any device that can access any of the Services such as a computer, a cell phone or a digital tablet.

3.9. Feedback means feedback, innovations, or suggestions sent by the Client or a Visitor regarding the attributes, performance, or features of our Services or our Website.

3.10. Promotions refer to contests, sweepstakes or other promotions offered through the Service.

3.11. Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You, the Client and the Company regarding the use of the Service.

3.12. Third-party Social Media Service means any services or content (including data, information, products, or services) provided by a third party that may be displayed, included or made available by the Service. 

4. Services 

4.1. Ongoing Coaching is a package offer, designed for highly motivated triathletes who target middle or long-distance triathlons.  

4.1.1. The Company offers the following package for Coaching:

  • Custom training plan built around your life
  • Initial assessment
  • Season planning
  • Pre-race and post-race analysis for A races
  • Ongoing email communication
  • Powered by the best in class Trainerroad app
  • Progress video call (from one to four per month depending on selected option)
  • Plan adjustment (bi-weekly or weekly depending on selected option)

4.1.2. Each coaching package duration is set together by the Client and the Coach. The contract begins on the Effective Date and ends on the agreed date. The minimum contract duration is 3 months.

4.1.3. Shall the Company establishes that the  Client does not have the appropriate training equipment necessary for the Coaching, The Client agrees to obtain that equipment no later than 1 month from the starting date of the Coaching.

4.1.4. It is possible to design personalized coaching packages. Nevertheless, the Company is not obligated to offer such packages and reserves the right to do so at its discretion.  

4.1.5. Guidance including race selection will be offered during the “progress video calls.” The Client schedules these optional calls up to four times a month. The duration of each call is tailored to the needs of the Client. However, the maximum duration of a progress call cannot exceed 45 minutes.

4.1.6. At their discretion, the Company may offer a free 20-minute consultation to new Clients. This consultation serves the purpose of establishing whether the Client and the Company are a good fit. Providing such consultation does not create any obligations for the Parties to enter into a contract.

4.2. On-demand Coaching is for triathletes who want to have someone reviewing their training and/or answer specific questions. 

4.2.1. The Client is responsible for paying for any Services, and/or product (including but not limited to communication, research, analysis, and/or any product created by the Company).

4.2.2. Guidance will be offered through emails and video calls. The Client schedules these calls when needed. The duration of each call is tailored to the needs of the Client. However, the minimum planned duration of a call cannot be less than 30 minutes. If it lasts less than 30 min, the Client will be charged for the full 30 min.

4.2.3. At their discretion, the Company may offer a free 20-minute consultation to new Clients. This consultation serves the purpose of establishing whether the Client and the Company are a good fit. Providing such consultation does not create any obligations for the Parties to enter into a contract.

4.3. Preparation of individualised training plans. The Client can choose a training plan depending on his level of experience, the number of weeks available for training, and the distance of the goal event. The plan can be provided as a PDF or in the app TrainingPeaks.

4.4. Online courses. The Client has the option to select from multiple online courses based on their desired focus. The content of the course will be delivered by email or through a third-party platform.

4.5. During the validity of the Service and for a period of three years after termination thereof, the Client shall agree not to enter into any kind of business transactions with persons or organisations the Company employs to perform the Client’s contractual duties. In particular, the Client shall not employ said persons or organisations to render coaching and/or consulting Services the same or similar to those offered by the Company.

4.6. The Client understands that their cooperation is vital for the Services to be successful. This involvement includes sharing information, like health-related details, when needed. If the Client doesn’t actively participate, it could result in the termination of the Service.

Cooperation extends beyond merely providing answers or notifications. It includes honestly answering the Company’s inquiries and informing the Company about any changes in the Client’s health or training environment that could affect the coaching process.

4.7. Requesting a Service via the Website, via Email or during a meeting with representatives of the Company, and direct purchasing on the Website constitutes a contract between the Company and the Client.  

5. Promotions 

5.1. Any Promotions made available through the Website may be governed by rules that are separate from these Terms. 

5.2. If The Client or a Visitor participates in any Promotions, they must make sure to review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply. 

5.3. Promotions are always only valid within a certain time-period, set by the Company or an Affiliated partner.

6. Cost of the Services  

6.1. All prices of Services and products provided by My Tri World are in accordance with our price list. The price list is part of these Terms. 

6.2. The price of each item is listed on our Website, and it includes all applicable taxes. 

6.3.Payment 

6.3.1. Payment for Courses and Training plans: 

a/ When you purchase any of our Services, you hereby authorise My Tri World to charge your payment card or another payment instrument (“Payment Method”) for the Service fee. The Company will charge your Payment Method the amount of the Service fee immediately upon your order when the Payment Method is a debit or credit card. 

b/ We use a third-party payment processor (the “payment processor”) to bill you for any paid Services through a payment account linked to your account. By choosing to use paid Services, you agree to pay us, through the payment processor, all charges at the prices then in effect for any use of such paid Services in accordance with the applicable payment terms, and you authorise us, through the payment processor, to charge your chosen payment method.  

We reserve the right to suspend or cancel The Client’s purchase or terminate their access to the Services in the event that We are unable to successfully charge the provided payment method. We are not responsible for errors by the payment processor, and We reserve the right to correct any errors or mistakes that We or the payment processor make(s) even if We have or our payment processor has already requested or received payment. If we, through the payment processor, do not receive payment from The Client, the Client agrees to pay all amounts due on your billing account upon demand.   

6.3.2. Ensuring that at all times the chosen Payment Method is valid and up-to-date is the responsibility of the Client. The Client is also responsible for providing complete and accurate billing and contact information to The Company and notifying The Company of any changes to such information.   

6.3.3. Payment for Ongoing coaching is made with a bank transfer by the 5th of the month.

6.3.4. Payment for On-demand Coaching and additional Services are made with a bank transfer within 7 days of receiving the invoice.

6.3.5. If the Client cannot make the payment on time, they should immediately inform the Company. Delays over 5 days will result in 20€ late fees.

7. Legal right of withdrawal 

7.1. For Services/products purchased online, the Client has the right, without giving a reason, to withdraw from the contract within 14 days of the conclusion of the said contract (i.e. the date of the order placement).

7.2. This right is waived, when the contract concerns Services such as coaching, and consulting and the Company has already started delivering them. In that case, a withdrawal will result in a partial refund that corresponds with the percentage of the Service being performed. 

7.3. This provision is only applicable to orders whose value is over 50,00 EUR. Orders under that amount are not subject to the right of withdrawal.

8. Cancellation  

8.1.Rescheduling and cancellation of sessions and consultation is possible once per appointment with a 24-hour notice. A consequent rescheduling or cancellation of appointment will result in payment of the whole fee to the Company.  

8.2.The Company is considered notified if the notification has been sent per email to [email protected]   

9. Termination

9.1. The contract terminates with the completion of the assignment.   

9.2. Ongoing Coaching contracts after the initial 3-month minimum commitment can be terminated with a 21-day notice. The Company will recalculate the total amount the Client should have been paying (with the less favorable rate) and will bill the difference. 

9.3. Apart from this, this contract may be terminated for good cause by either party at any time without notice. Grounds for premature termination include the following:  

9.3.1. one party breaches major provisions of these Terms and Conditions;  

9.3.2. one party opens insolvency proceedings or the petition for bankruptcy is denied because of insufficient assets to cover expenses. 

9.3.3. The Client is using performance-enhancing drugs 

9.3.4. The Client has suffered an injury which makes the Service impossible 

9.3.5. It has been revealed that the Client is underaged. 

10. Limitation of liability

10.1. The Company is responsible for damages to the Client, excluding personal injury, only if they result from serious misconduct (intentional or gross negligence). This also applies to damages caused by third parties engaged by the Company. 

10.2. Any claim for damages by the Client must be pursued through legal means within six months after the individuals entitled to make a claim become aware of the damage and the liable party. However, such claims cannot be made later than three years after the incident that gives rise to the claim.

10.3. The Client must provide evidence of the Company’s misconduct. 

10.4. When the Company uses third parties to perform the required Services, any warranty claims and claims for damages against these third parties will be transferred to the Client. In such cases, the Client should primarily seek resolution with the third party. 

11. Force Majeure 

Neither party shall be held responsible for any harm, loss, expenses, or costs resulting from a Force Majeure event. In the event of a Force Majeure event, the affected party will promptly notify the other party in writing. This notice will include details about the cause of the Force Majeure event and how it will impact the party’s ability to fulfil its obligations. 

12.Indemnification

12.1.. The Client agrees to indemnify, defend, and hold harmless the Company, contractors, and any third parties for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of the provision of coaching by the Company to the Client.

12.2. If the Company is found liable for any loss or damage under this contract, liability shall be limited to the lesser of the total payments made under this contract or the last three months’ payments.

13.Medical professional consultation

13.1. Before starting any physical activity, the Client should consult with a healthcare professional to ensure that there are no health risks or restrictions specific to their individual needs. If the Client experiences any unexpected physical changes during training, it is recommended that they seek medical assistance immediately. Individuals who have pre-existing medical conditions, poor health, or any concerns regarding starting a new fitness program should consult with a healthcare professional and receive their approval before beginning any program or following any information provided by the Company.

13.2. The Company does not give any medical advice, and no content in any of the materials of the Company is intended to be for medical use.

14. Company representations

14.The Client understands that the Company is not qualified to offer advice on nutrition, strength, conditioning, or sports psychology. Any information provided by the Company is purely for educational purposes, such as health, fitness, nutrition, or travel. They do not provide medical advice, diagnosis, treatment, or rehabilitation and may suggest that Clients seek advice from third-party resources.

15.Anti-doping

The Company and any associates or brands associated with the Company believe in clean sports and do not tolerate any use of performance-enhancing drugs.

16.Brand discounts

The Client may receive discount codes that are strictly confidential. The brand partners have the authority to modify, alter, or eliminate discounts at their discretion. The Company is not responsible for any potential problems that may arise from the partnership between the Client and the brand partners.

17.Confidentiality

17.1.During the course of the Services provided and especially during the course of the coaching relationship, the Company and Client may exchange information that is considered confidential and proprietary to each other. Such information may include, but is not limited to personal experiences, goals, training plans, formulas, documents, programs, coaching sessions, advice and any other information marked as “Confidential” or that should reasonably be understood to be confidential.

17.2.Obligations:

17.2.1.The parties acknowledge and agree that any confidential information shared between them shall be treated as strictly confidential.

17.2.3..The Coach agrees to maintain the confidentiality of all confidential information received from the Client. The Company will not disclose, reproduce, distribute, or otherwise share any confidential information without the prior written consent of the Client.

17.2.4..The Client agrees to maintain the confidentiality of all confidential information shared by the Company. The Client will not disclose, reproduce, distribute, or otherwise share any confidential information without the prior written consent of the Company.

17.2.5..Both parties shall use the same degree of care to protect the confidential information as they would use to protect their own confidential information of a similar nature, but in no event less than reasonable care.

17.3.Notwithstanding the above, the obligations of confidentiality shall not apply to information that:

17.3.1.Was already in the possession of the receiving party without an obligation of confidentiality prior to its disclosure by the disclosing party.

17.3.2.Becomes publicly known or available through no fault of the receiving party.

17.3.3.Is independently developed by the receiving party without the use of confidential information.

17.4.By purchasing any of our Services, you agree to give the broadest possible protection to maintain the confidentiality of the confidential information and understand that it is for your own exclusive and personal use and should not be shared or passed on to others in any way, shape, or form.

17.5.On termination of coaching, you remain bound to the confidentiality of the confidential information as outlined in this contract unless the confidential information becomes public through no wrongful act of the Client.

18.Relationship to Ironman and Ironman U

The Company and all of its representatives are independently providing their coaching Services. The Company is not an employee or agent of IRONMAN U, World Triathlon Corporation, or any of World Triathlon Corporation’s affiliates.

19.Affiliated links

19.1. You should assume that some of the links are “affiliate links”, a link with a special tracking code. 

19.2 This means that if You click on an affiliate link and purchase the item, the Company may receive an affiliate commission. This is a legitimate way to monetize and pay for the operation of the Website and the Company gladly reveals its affiliate relationships to You. 

19.3. The price of the item is the same whether it is an affiliate link or not. Regardless, the Company only recommends products or services the Company believes will add value to users. 

19.4. Affiliate advertising programs that the Service uses are: 

19.4.1. Amazon Services LLC Associates Program As an Amazon Associate, I earn from qualifying purchases. The Company is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com or endless.com, MYHABIT.com, SmallParts.com, or AmazonWireless.com. Pages on this Service may include affiliate links to Amazon and its affiliate sites on which the owner of this Service, My Tri World, will make a referral commission. 

19.4.2. Wiggle.

20.Advertisements on the Website

20.1. Third-party advertisements and links to third-party websites may also appear while using the Website. The Company does not make any representation as to the accuracy or suitability of any of the information contained in those advertisements or websites and does not accept any responsibility or liability for the conduct or content of those advertisements and websites and the offerings made by the third-parties. 

20.2. Third party advertisements and links to other websites where goods or services are advertised are not endorsements or recommendations by the Company of the third-party sites, goods or services. The Company takes no responsibility for the content of the ads, promises made, or the quality/reliability of the products or services offered in all advertisements.

21. Views Expressed Disclaimer 

21.1. The Website may contain views and opinions that are those of the authors and do not necessarily reflect the official policy or position of any other author, agency, organisation, employer, or company, including the Company. 

22.2. Comments published by users are their sole responsibility, and the users will take full responsibility, liability, and blame for any libel or litigation that results from something written in or as a direct result of something written in a comment. The Company is not liable for any comment published by users and reserves the right to delete any comment for any reason whatsoever.

22.Feedback

The Client voluntarily shares their Feedback with the Company and agrees to grant the Company certain rights related to this Feedback. In the event that the assignment of these rights is not legally effective for any reason, the Client further agrees to provide the Company with a non-exclusive, permanent, unchangeable, royalty-free, worldwide right and licence. This licence allows the Company to utilise, reproduce, disclose, sub-license, distribute, modify, and make use of the Feedback without limitations.

23. Intellectual Property 

23.1. The Website, any of the Services, and its original content, features, and functionality are and will remain the exclusive property of the Company. 

23.2. The Company shall retain all copyrights to any work done by the Company and/or by individuals working on behalf of the Company and/or by third parties engaged by the Company (including, but not limited to, proposals, reports, analyses, expert opinions, organisation charts, programs, performance descriptions, drafts, calculations, drawings, data media, plans, courses etc.). Throughout the contract period and after its termination, the Client may use these materials exclusively for the purposes described in these Terms and Conditions. Consequently, the Client is not authorised to duplicate or distribute these materials without obtaining explicit consent from the Company. 

23.3. Any breach of this provision by the Client gives the Company the right to terminate the Service provided prematurely and seek other legal remedies, especially for injunctive relief and/or compensation.

24. Changes to These Terms and Conditions

24.1. The Company reserves the right to amend these terms and conditions at any time. Notice of any modifications will be provided to all users via email, or by other means deemed appropriate by the Company. 

24.2. is the Client’s responsibility to review these terms periodically for updates. However, please note that the terms and conditions in effect at the time of entering into a contract will remain valid for the duration of that contract, unless mutually agreed otherwise.  

24.3. In the event when the continuation for the Service under the previous Terms and conditions is not possible, the Client will be given a 7-day review period. The review period starts from the date of notification. After this review period, the revised terms will become effective, and the Client’s continued use of the Services will signify their acceptance. 

24.4. Should the Client not wish to continue using the Service with the revised Terms and Conditions, they need to inform per email the Company within the review period.  

25. Severability and Waiver

25.1. If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

25.2. Except as provided herein, the failure to exercise a right or to require the performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

26. Governing Law 

Any contract made between My Tri World and the Client shall in all respects be governed by and construed in accordance with Austrian law and the parties hereto submit to jurisdiction of the Austrian courts.

27. Disputes Resolution 

27.1. If The Client has any concern or dispute about any of the Services, they agree to first try to resolve the dispute informally by contacting the Company in good faith. 

27.2. If all efforts fail, The Client agrees to enter a process of mediation. 

27.3. Shall the mediation prove to be unsuccessful; the competent court is the Austrian court.

28.Privacy policy and record retention policy

28.1. The Privacy policy of the Company applies to all contracts and relationships that occur as a result of the use of the Company’s Services and the use of the Website by Visitors.

28.2. The Client recognizes that the Coach has provided information about the Company’s policy regarding the retention of documents, information, and data acquired or shared during the duration of the Company-Client relationship. The Company will preserve these records for a minimum of 7 years from the year the contract became effective, using a format chosen by the Company (either in print or digital/electronic).