Terms and Conditions
Updated 11/15/2022. Clarified section about refunds for Prepaid plans.
Updated 6/18/2022. Added section about grandfathered pricing.
Overview
1. This website and all services described and offered herein are operated by Miles and Mountains Coaching, LLC, otherwise known as Miles and Mountains Coaching. Throughout these policies and the site, the terms “we”, “us” and “our” refer to Miles and Mountains Coaching, LLC, while “you,” “user” and “the Athlete” refer to the user of the site and/or applicable services. We offer this website, information, tools and services to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
2. By visiting our site and/or purchasing coaching or related services, you agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including any additional terms and policies referenced herein. These Terms of Service apply to all users of the site, without limitation.
3. Please read these Terms of Service carefully before accessing our website. By accessing any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or any services.
4. Any new information, features or tools which are added to the site shall be subject to the Terms of Service. You can review the most current version of these Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. Your continued use of or access to the website or related services following the posting of any changes constitutes acceptance of those changes.
Coaching and Related Services
We offer personal coaching and other related services (collectively, “Services”) under the following Terms and Conditions, which represent an Agreement between Miles and Mountains Coaching, LLC and the Athlete using or receiving said service(s).
Coaching Fees:
1. Coaching fees are payable in advance each month using the payment systems on www.milesandmountainscoaching.com. The Athlete is responsible for keeping their card information up-to-date on the website to enable recurring billing, however no fees will be charged should a payment fail and need to be updated afterward.
2. Recurring Billing: For Monthly coaching, payments (renewals) are automatic. If the Athlete wishes to cancel their coaching subscription, they must request cancellation at least two business days prior to the renewal date by emailing their coach. For 6 or 12 month Contracts, payments are automatic until the completion of the initial term. Thereafter, the Athlete may manually sign up for another 6 or 12-month contract, or sign up for month-to-month coaching. Pre-paid coaching plans do not renew, and are single lump-sum payment.
3. Pausing Coaching: If the Athlete wishes to pause their coaching due to long-term illness, injury or life stress, they may pause for up to 12 months, retaining credit for any unused days of coaching. Coaching can be paused with 24-hours of notice via email. For month-to-month coaching, billing will pause. For 6 or 12-month contracts, billing will continue as scheduled, but the coaching plan will be extended by the duration it was paused once the Athlete resumes training.
4. Termination of 6 or 12 Month contracts: If the Athlete is dissatisfied with the Coaching Services performed by Miles and Mountains Coaching during the first 30 days, the Athlete may request termination of this agreement, provided that the Athlete submits notice via email no later than 30 days from the start date of the Initial Term. Thereafter, if the Athlete wishes to terminate the agreement, the ‘termination fee’ will be one additional month’s coaching fee.
5. In all circumstances, coaching fees for the current month are non-refundable in the event the Athlete cancels – only further payments will be stopped.
6. When the Athlete initiates their coaching plan, they 'lock in' their pricing indefinitely, provided that they take no more than a 12-month break from coaching. (See #3, Pausing Coaching.) If the Athlete takes more than 12-months off from coaching, they may restart their coaching plan at the then-current rate.
7. In all circumstances, coaching fees for the current month are non-refundable in the event the Athlete cancels – only further payments will be stopped.
8.'Prepaid' or lump-sum plans are non-refundable, but can be paused per No. 3 of this section.
Athlete's Responsibilities:
The Athlete hereby agrees to abide by all rules, policies and regulations set by applicable event-specific, industry association and national governing body policies, including but not limited to rules on performance enhancing drugs and banned substances, and individual event rules that could result in disqualification. The Athlete is solely responsible for their knowledge of relevant rules and regulations, and the obtaining of any relevant Therapeutic Use Exemption if necessary.
The Athlete recognizes that effective training has substantive subjective qualities, and agrees that effective coaching relies on adequate communication of information to their coach, including running and subjective data, and that inadequate communication on the Athlete's part may limit the effectiveness of said coaching.
The Athlete agrees that they alone retain control over decisions related to their running, and the that the coach's advice constitutes advice and information based on science, education and experience.
Confidentiality:
The Athlete agrees that the Services provided under this Agreement are confidential and may not be disclosed to any third party without the express written consent of Miles and Mountains Coaching, LLC, including but not limited to, the materials provided to the Athlete by us, the techniques and methodologies utilized by us in rendering Services under this Agreement and the substance of the communications between Miles and Mountains Coaching and the Athlete. The Athlete agrees that they shall not reproduce any materials provided by us and that they will not remove any proprietary markings from materials provided. It is expressly understood and agreed that Miles and Mountains Coaching, LLC is the sole and exclusive owner of all concepts, programs, ideas, materials, copyrights, trademarks and other intellectual property rights associated with the Services.
Release And Assumption Of Risk:
The Athlete represents that they are at least eighteen (18) years of age. Further, the Athlete understands and agrees that: (i) participation in these services is voluntary; (ii) training may require intense physical activity; (iii) and that such participation carries with it certain inherent and unavoidable risks, including an increased risk of serious illness, injury, paralysis, or even death. With full awareness of such risks, the Athlete agrees that they assume the risk of participating in the services. The Athlete certifies that they are physically fit and sufficiently trained for participation in the services and that they have not been advised against participation by a qualified health professional. The Athlete understands that any advice provided by Miles and Mountains Coaching, LLC is purely informational, and not intended to be a substitute for professional medical advice, diagnosis or treatment. The Athlete agrees that they are voluntarily participating in the services with the knowledge of the risks and dangers involved. The Athlete agrees that Miles and Mountains Coaching, LLC shall bear no responsibility or liability including, without limitation, (i) negligence in any manner on the part of Miles and Mountains Coaching in the conduct or arrangement of the services, (ii) equipment including, without limitation, selection, assembly, shipping, packing, handling, storage, failures or maintenance; (iii) the maintenance or operation of any van or other motor vehicle utilized to transport any Athletes or any other transportation failure, regardless of the mode of transportation; (iv) physical exertion for which the Athlete is not prepared; (v) risk associated with food, impure water or other beverages; (vi) criminal activity; (vii) dangers associated with wild or other animals; (viii) high altitude, accident or illness without access to means of rapid evacuation or availability of medical supplies or services and/or the availability or adequacy of medical attention once provided; or (ix) lost, stolen or misplaced luggage or property. The Athlete acknowledges the enjoyment derived from participating in the services and the inherent risks assumed may be beyond the accepted safety at home or work. The Athlete hereby agrees to be responsible for his/her own welfare and accepts any and all risk of delay, unanticipated events, inconvenience, illness, injury, emotional trauma or death.
Indemnification:
In consideration of Miles and Mountains Coaching, LLC’s acceptance of the athlete’s request to participate in the services, the athlete hereby indemnifies, releases and forever discharges Miles and Mountains Coaching and any of their representatives from any liability, claims, losses, costs, or expenses, and waives the right to pursue legal action against Miles and Mountains Coaching, LLC, arising directly or indirectly from athlete’s participation in the services, including claims or damages resulting from death, personal injury, partial or permanent disability or property damage, medical or economic losses, including attorney’s fees, whether caused in whole or in part from the services or any instruction or training associated with the services and whether based upon the breach of any express or implied warranty, negligence or under any other legal theory. This release shall be binding upon athlete’s heirs, assignees, successors, personal representatives and any party acting on the behalf of the athlete.. The athlete hereby further states that they currently suffer from no physical or mental condition that would impair his/her ability to fully participate in the services. The athlete hereby acknowledges that Miles and Mountains Coaching, LLC makes no warranties of any kind, express or implied, and does not guarantee individual results.
Severability:
If any provision of this Agreement is held illegal or unenforceable in a judicial proceeding, such provision shall be severed and shall be inoperative, and the remainder of this Agreement shall remain operative and binding on the Parties.
Governing Law:
This Agreement shall be construed under and in accordance with the laws of the State of Vermont exclusive of any conflict-of-law or choice of law rules and principles.