TERMS OF SALES
PERSONAL TRAINING - SPORTS COACHING NICE - MONACO - PARIS
1. Definitions
Client: an adult or minor natural person and holder of parental authorization to whom Patrick HELFER provides supervision and support services in the context of sports lessons.
Site: website edited by Patrick HELFER and accessible at www.patrickhelfer.com
Offer: paid service of sports lessons offered to the Client and supervised by Patrick HELFER.
Contract: designates the contract between the Customer and Patrick HELFER which is governed by the General Conditions of Sale.
2. Purpose
The Contract details the respective rights and obligations of Patrick HELFER and his Clients in the context of the sale and provision, by Patrick HELFER, of supervision and support services for sports lessons.
3. Preamble
These General Conditions of Sale apply exclusively between any Customer and Patrick HELFER whose head office is located at 14 rue Gustave Eiffel 92110 Clichy and identified by the SIREN number 820 255 842.
Any subscription to an offer offered on the site constitutes acceptance of these General Conditions of Sale.
Any service performed by Patrick HELFER implies the Customer's unreserved acceptance of these General Conditions of Sale.
The General Conditions of Sale are applicable without restriction or reservation to all of the Offers offered on the Site.
These General Conditions of Sale take precedence over any other document.
The General Conditions of Sale can be consulted on the Site and may be modified at any time at the discretion of Patrick HELFER. In the event of a dispute, only the latest version of the General Conditions of Sale will be applicable.
4. Warning
The offers offered on the Site are exclusively reserved for individuals with a state of health that does not present any contraindications to the practice of sports and in particular to the activities offered as part of the Offers presented on the Site.
It is therefore up to the Customer to ensure that they are physically able to follow the physical activities offered as part of the Offers by consulting their doctor before subscribing to any Offer. Within 15 days of registration, the Client undertakes to provide Patrick HELFER with a medical certificate of “no contraindication to the practice of fitness and bodybuilding type activities” dating back less than 3 months.
5. Activity zones and intervention conditions
The activity offers proposed by Patrick HELFER are carried out either at the individual's home, in a business, or outdoors. The location of the sessions must be approved in advance by Patrick HELFER.
Patrick HELFER reserves the right to refuse any request for services corresponding to the Offers offered on the Site and reserves the right not to provide any justification.
6. Offers
6.1. Description of the Offers
6.2.1 Costs of Paris Offers
6.2.2 Costs of Nice Offers
6.2.3 Costs of Monaco Offers
6.3. Commitment obligations and Packs
All Offers concerning Packs are subject to the following commitment obligations:
Anyone who has subscribed to an Essential Pack Offer undertakes to complete all 10 hours of sessions within 10 weeks from the first session, at a rate of one session of 1 hour per week minimum.
Anyone who has subscribed to a Performance Pack Offer undertakes to complete all 20 hours of sessions within 20 weeks from the first session, at a rate of 1 session of 1 hour per week minimum.
Anyone who has subscribed to a Transformation Pack Offer undertakes to complete all 30 hours of sessions within 30 weeks from the first session, at a rate of 1 session of 1 hour per week minimum.
7. Prices, payment terms and invoicing
8. Session schedule
8.1. A la carte
For à la carte Offers, the Client can agree at any time with Patrick HELFER on a date to be defined for planning a session.
8.2. Essential, Performance and Transformation Packs
For the Essential, Performance and Transformation Packs, the Client is required, before starting their first session, to define with Patrick HELFER a precise course date for each hour of the Pack. The 1st session can only begin if all the sessions in the chosen Pack are planned.
9. Delays and cancellations of sessions
The Client undertakes to respect the time and date of the appointment set with Patrick HELFER. Any delay by the Client will be automatically deducted from the session time. To the extent that the Client shows up late for his course, Patrick HELFER reserves the right to offer additional minutes billed extra to the Client.
Extra time is billed at €1.5 excluding tax/min.
For group sessions of 2 people or more, Patrick HELFER reserves the right to make time changes or cancel a course in the event of the absence of one or more Clients. In this case, a later date will be defined between Patrick HELFER and the Clients.
In the event of a force majeure incident (risky climatic conditions, transport accidents and incidents, dangers and risky conditions for Customers, strikes or other demonstration actions, civil unrest or riot) Patrick HELFER cannot be held responsible for the delay or cancellation of the service.
If Patrick HELFER is late, the time lost will be made up at the end of the session or during the following session. To the extent that Patrick HELFER were to cancel a session, the latter undertakes to make up the session at a later date.
In the event of delay or cancellation by Patrick HELFER, Customers will be notified by telephone or text message.
9.1. A la carte
Once booked, no session can be canceled and will be due. However, a postponement is possible under certain conditions.
As part of individual sports lessons, each session can be moved up to 7 days after the initially scheduled date (initial appointment date included in the 7 days) without additional costs or proof required if the session is postponed is requested by the Customer at least 24 hours in advance. If the session is canceled less than 24 hours before the scheduled time, then the session is due.
For group sessions of 2 people or more, in the event of the absence of one or more Clients, they will have to pay the amount due for the session and no postponement is possible. On the other hand, in the event that all Clients wish to postpone the session, the latter can be moved up to 7 days after the date initially planned (initial appointment date included in the 7 days) and this without additional costs or proof necessary if the postponement of the session is requested at least 24 hours in advance by all Clients.
The date of the session to be postponed must be defined in mutual agreement with the Client(s) and Patrick HELFER.
To the extent that the session to be postponed follows a cancellation of an appointment by the Client(s) and no agreement can be found between the Client(s) and Patrick HELFER on the postponement date, then the session is considered due.
9.2. Essential, Performance and Transformation Packs
Once booked, no session can be canceled and will be due. However, a postponement is possible under certain conditions.
In the context of individual sports lessons, for all Pack Offers, the Customer has an exceptional period of postponement of sessions of 2 weeks maximum. Indeed, to the extent that the Client is unable to carry out his session, the Client may cancel his session free of charge and without any justification up to 24 hours before the scheduled time of the session and postpone it to another time. date. For group sessions of 2 people or more, for all Pack Offers, in the event of the absence of one or more Clients, the latter will have to pay the amount due for the session and no postponement is possible. possible. On the other hand, in the event that all the Clients wish to postpone the session, the latter can be moved and the Clients have an exceptional period of postponement of the sessions of 2 weeks maximum. Indeed, to the extent that all Clients would be unable to carry out the session, Clients may cancel the session free of charge and without any justification up to 24 hours before the scheduled time of the session and postpone the session until another date if each Customer requests it.
For Essential Packs, the date of postponement of the session must be within a period of 12 weeks maximum from the date of the 1st session of the Pack. For Performance Packs, the date of postponement of the session must be within a period of 22 weeks maximum from the date of the 1st session of the Pack. For Transformation Packs, the date of postponement of the session must be within a period of 32 weeks maximum from the date of the 1st session of the Pack. The number of sessions canceled and postponed in this way cannot exceed 4 sessions per Transformation Pack and per Client, 3 sessions per Performance Pack and per Client, 2 sessions per Essential Pack and per Client. If the session is canceled less than 24 hours before the scheduled time, then the session is due.
The date of the session to be postponed must be defined in mutual agreement with the Clients and Patrick HELFER. To the extent that the session to be postponed follows a cancellation of an appointment by the Clients and no agreement can be found between the Clients and Patrick HELFER on the postponement date, then the session is considered due.
10. Suspension and termination of the Offer
10.1. Suspension of the Offer
In the context of individual sports lessons, if for health reasons the Client finds himself temporarily unable to carry out the sessions of the Offer subscribed to, then the Client may request to suspend his Offer and bank withdrawals or cash collections. related for the entire duration of his period of incapacity. To be effective, this suspension must be accompanied by a request made in writing with acknowledgment of receipt and sent with all medical supporting documents attesting to this temporary incapacity to Patrick HELFER at 14 rue Gustave Eiffel 92110 Clichy. The Offer and related payments will be suspended upon receipt of the letter and supporting documents.
For group sessions of 2 people or more, if for health reasons, one or more Clients participating in the session find themselves temporarily unable to carry out the sessions of the Offer subscribed, then the unfit Client(s) can request
to suspend their Offer and the related bank withdrawals or cash receipts for the entire duration of their period of incapacity. To be effective, this suspension must be accompanied by a request made in writing with acknowledgment of receipt and sent with all medical supporting documents attesting to this temporary incapacity to Patrick HELFER at 14 rue Gustave Eiffel 92110 Clichy. The Offer and related payments will be suspended upon receipt of the letter and supporting documents. In the event that the incapacitated Client is unable to resume the sessions before the end date of consumption of the Offer subscribed to by the other Clients in his group, then no postponement of the session will be possible for the incapacitated Client and this The latter will receive a refund of the Offer subscribed in proportion to the sessions that he was unable to carry out for health reasons. In the event that the unfit Client is able to resume the sessions before the end date of consumption of the Offer subscribed to by the other Clients in his group, then the latter will be able to participate in the remaining sessions until the end date. of consumption of the Offer subscribed by the other Customers in his group and will receive a reimbursement of the Offer subscribed in proportion to the sessions that he was not able to carry out for health reasons.
For any reimbursement request, a period of 14 days must be observed from receipt of the letter and supporting documents.
10.2. Termination of the Offer
In the context of individual sports lessons, if for health reasons, the Client finds himself permanently unable to carry out the sessions of the Subscribed Offer, then the Client may request to terminate his Offer and request reimbursement of the subscribed Offer. in proportion to the sessions that he will not be able to carry out for health reasons. To be effective, this termination must be accompanied by a request made in writing with acknowledgment of receipt and sent with all medical supporting documents attesting to this definitive incapacity to Patrick HELFER at 14 rue Gustave Eiffel 92110 Clichy. The Offer and related payments will be refunded upon receipt of the letter and supporting documents.
For group sessions of 2 people or more, if for health reasons, one or more Clients participating in the session find themselves permanently unfit to carry out the sessions of the Offer subscribed to, then the unfit Client(s) may request to cancel their Offer and request reimbursement of the Offer subscribed in proportion to the sessions that they will not be able to carry out for health reasons. To be effective, this termination must be accompanied by a request made in writing with acknowledgment of receipt and sent with all medical supporting documents attesting to this definitive incapacity to Patrick HELFER at 14 rue Gustave Eiffel 92110 Clichy. The Offer and related payments will be refunded upon receipt of the letter and supporting documents.
For any reimbursement request, a period of 14 days must be observed from receipt of the letter and supporting documents.
11. Right of withdrawal
Any Customer who has subscribed to an Offer has a withdrawal period of 14 days, from the date of subscription to the Offer and signature of the Contract, during which he has the right to terminate the Contract and request the reimbursement of the Offer subscribed. If the Customer decides to make use of this right, Patrick HELFER undertakes to reimburse him within 14 days from the date of receipt of a letter notifying the request sent with acknowledgment of receipt to Patrick HELFER at 14 rue Gustave Eiffel 92110 Clichy.
In the event that the Customer has notified his right of withdrawal and reimbursement of the Offer and has taken advantage of one or more sessions of the Offer during his withdrawal period, the Customer will be reimbursed for his Offer on a pro rata basis. sessions not carried out.
12. Insurance and responsibilities
The information and advice provided during the sessions regarding health, well-being and nutrition are strictly indicative and in no way constitute medical advice and cannot replace the advice of a competent health professional.
Patrick HELFER has taken out civil liability insurance which covers damage involving his professional liability with AXA - 60, avenue Foch, 44250 St Brévin Les Pins; Intracommunity VAT number: FR 81 507 939 262 Telephone: 02.40.27.22.15, valid in mainland France. Patrick HELFER cannot be held liable in the event of an accident resulting from the Client's failure to apply the safety and exercise instructions.
All Clients are required to take out civil liability insurance to be covered for damage they may cause to third parties during sessions. It is recommended that the Customer take out personal injury insurance related to the physical activity practiced in order to cover their own physical integrity.
13. Intellectual property
The brands, logos, signs, texts and any other content including these General Conditions of Sale of the Site are subject to protection by the Intellectual Property Code and more particularly by copyright.
14. Applicable law and competent jurisdiction
French legislation applies to these General Conditions of Sale. In the event of no amicable resolution of a dispute arising between the parties, only the courts of NANTERRE, COURBEVOIE and VERSAILLES have jurisdiction.