1. Introduction

ATHL.Exercise strives to provide solutions and progression through Exercise Programming and Strength & Conditioning, from health to high performance. We believe in the broad spectrum of performance, from normal healthy biological function to the highest summit. We promote physical activity and physical fitness to purposely develop individual potential and capability targeting a variety of outcomes which will positively affect physically and physiologically. ATHL.Exercise has 3 mainstream outcome applications for (1) Athletes, (2) Health related fitness and (3) Pre/post injury conditioning. We want to support any person, worldwide, to achieve their goals and to expand their life journey at his/her fullest. We are looking forward to welcoming you to the ATHL.Exercise community.
The following General Terms and Conditions set out the legal framework for using ATHL.Exercise and the services that we offer. Therefore, please read these General Terms and Conditions carefully.

2. Scope

2.1 Parties to the contract and subject matter of the contract

These General Terms and Conditions of Business form the basis of the user contract being formed between you and us, ATHL.Exercise, SL  (hereinafter referred to as “us” or “we”). The subject matter of this contract is the use, for a fee, of the services we offer under the name ATHL.Exercise through our website www.athlexercise.eu or www.athlexercise.com via our software applications (hereinafter referred to individually as “ATHL Services”).

2.2 Terms and conditions for participating

A condition for opening a user account and using the ATHL Services is that you are at least 18 years of age and have full legal capacity or supervised by a legal tutor, if underage. ATHL.Exercise is intended exclusively for consumers. The legal definition of a consumer is every natural person that enters into a legal transaction for reasons that cannot be chiefly attributed to either their commercial or their self-employed occupation. Use of ATHL.Exercise for commercial purposes of any kind is expressly prohibited.

3. ATHL.Exercise Services and Prices

3.1 Services for a fee

The scope of the services included in ATHL.Exercise and ATHL Services available for use by you depends on the type of ATHL Service you use. ATHL.Exercise provides content free of charge outside our application, giving only certain basic functions and information.  All ATHL.Exercise services are accessible for a one-off payment or as part of a subscription for the respective ATHL Service.
Note that ATHL Services do not include equipment and training tools (Dummbells, Barbell, Balance board, Bands, Roller, Suspension trainer or others). These are not part of the ATHL Services and need to be provided or purchased by you separately at your own costs. In case of nutrition guidelines (under premium plans), please note that the foods and supplementation suggested as part of the process are not part of the ATHL Services and need to be purchased by you separately at your own cost.

3.2 Prices

Please consult the website www.athlexercise.eu and www.athlexercise.com for information on the respective pricing and subscription models and the services that these include. All prices include the applicable VAT.

3.3 ATHL.Exercise Professional membership

ATHL.Exercise PRO Program is a membership program for qualified outdoor professionals, environmental grant recipients and outdoor industry partners. Membership is by application, is not guaranteed and can be revoked at any time. All FIT and PLUS plans at a reduced monthly rate, no cancellation fee. Improving performance to optimize passion is our philosophy. If you are:

+ Adventure sport guide
+ A
thlete (Outdoor and Action Sport)
+ Avalanche professional
+ Government individuals: Wildland crews / Firefighters / Law Enforcement
+ Outdoor industry
+ Photographers
+ Professional ski patrol
+ Snowboard and Ski instructors

If you are interested in applying, please send use the following information:

1. Copy of certifications.
2. Full-time / part-time job company certificate.
3. CV with background, professional experience and portfolio.
4. Send it to marketing@athlexercise.com

* Use your work issued email address when applying. Applications will not be approved after the operational season.

4. Health and safety protocols

4.1 Terms and conditions regarding your health

Use ATHL Services at your own risk.

A detailed PRE-EXERCISE test and screening, must be completed before using ATHL Services. This screening complies with in the regulations of the American College of Sports Medicine and the American Heart Association among other recognized institutions looking after physical activity wellbeing and exercise quality. If there is any change regarding your health status after completing our screening or have started any of our programs, notification must take place immediately to support@athlexercise.com.
In case of ATHL Services related to nutrition, you are responsible for verifying that the foods and nutrients recommended as part of the coaching or guide do not contain any ingredients or contents to which you are allergic or which may cause food intolerance.

If you have any doubts about your health consult your doctor before starting or continuing with ATHL.Exercise.

4.2 No substitute for medical advice

The services and information offered by ATHL.Exercise and the ATHL. Services do not substitute medical examination or treatment by a qualified physician.

5. User Account

5.1 Registration process

In order to use the ATHL Services you must first complete our PRE-EXERCISE screening questionnaire in which your custom program design will take place. An account can be directly opened online at www.athlexercise.eu or www.athlexercise.com. We will ask you to accept these General Terms and Conditions of Business and our privacy policy during the registration process.

All applications will go through a process of validation, due to health-check protocol, and program confirmation and access will be sent at the registered email in 12-72h.
Once account and profile will be verified field you will be redirected to your private website or webapp account where you will be able to personalize your profile and the exercise program will be accessible. All programs start with and introductory course.

6. Conclusion of a Contract

6.1 Online registration

When registering on our website www.athlexercise.eu or www.athlexercise.com, the user contract between you and us is formed after the registration process is fully completed. The contract is formed when you click on the field “Buy now”, or a similar field, and successfully enter your payment details.

6.2 Details correction

If you would like to purchase a one-off additional service or a subscription on our website, you can interrupt the process at any time and correct any errors until you have successfully entered your payment details.

7. Term of Validity

7.1 User contract

The user contract concluded between you and us once you register your account is valid for an indefinite period.

7.2 One-off additional services

One-off additional services may be offered for a fixed term. They will then end automatically at the end of the term without needing to be cancelled.

7.3 Subscriptions

Our subscriptions are offered with varying minimum terms of validity and are automatically renewed for the same minimum term that has been selected until you or we cancel them.
In order to avoid any misunderstanding, please note that the term of a subscription is determined by calendar and is independent from your use or extent of your use.

8. Terms and Conditions of Payment

8.1 Collection of fees

Fees are started to be collected when the contract is concluded after the purchase date. Subscriptions are renewed automatically, the fee is collected in when the start of the relevant renewal period.

8.2 Payment default

We reserve the right to assert further claims for late payments.

9. Payment Methods

Payments are made through secure PAYPAL, Inc. Payment is made by credit/debit card: Visa, Master, American express and other PAYPAL, Inc. accepted methods of payment.
If we incur costs and/or expenses because a payment is declined and this is your fault, then we are entitled to bill you for the actual costs and/or expenses incurred.
Where there is a legitimate reason, we reserve the right for each purchase to refrain from offering certain payment methods and to specify alternative payment methods.
ATHL.Exercise use the following currency: EUROS (€).

10. Right to Cancel

10.1 Cancellation policy

If you have entered into a contract for use of ATHL.Exercise FIT, PLUS, PREMIUM or PRO programs, no free trial and refund applies. Canellation can be made anytime after purchase before the renewal period. No cancellation fees apply to any program. A 3 day period exist after purchase where cancellations can be made without any charge of the service contracted.
Unequivocal notification of your decision to cancel the contract can be made before renewal period expires, sending us the notification of your wish to exercise your right of cancellation  After being fullfiled your cancelation rights with no action on decline subscription, ATHL. services will be charged at its normal services fee. Cancelation notification must take place before renewal date.
To exercise your right of cancellation you must send us:

ATHL.Exercise, SLU
Els Refugis, Les fonts, 18
Canillo AD100 Principat d’Andorra
unsubscribe@athlexercise.com

End of the cancellation policy.

11. Liability for Defects

11.1 Statutory Provisions

Statutory provisions apply to claims due to defective services. Your consumer rights remain unaffected in any case.

11.2 Disclaimer of guarantees

We do not make any representations or guarantees that the use of the ATHL Services will bring the outcomes or other result intended by you. We do not promise a concrete success. The outcome of exercise prescription will depend on factors which cannot be influenced, such as, for example, physical disposition and preconditions. Consequently, results may vary strongly between individuals despite the same use individualized ATHL services.

12. Liability

ATHL. Exercise is a distributor of strength training, training and prescription training and fitness planning and programs. We are legally licensed and qualified to provide, facilitate and monitor physical activity and stress testing. ATHL. Exercise is not responsible for any risk or consequence of negligence, misuse or lack of knowledge of our programs or for any physical activity, sport or action sport for which it was designed. We are not responsible for any physical activity conducted under the influence of alcohol, drugs, doping or other ergogenic aids. ATHL. promotes a free and healthy practice environment.
For more health safety, we refer to clause 4.

13. Rights of Use over ATHL.Exercise Content

Depending on which services have been enabled for you, or which services you have purchased, the services we offer contain content which is protected by copyright or otherwise and we hold the respective rights. We grant you a non-exclusive and non-transferable right to use this content in a non-commercial form within the scope of the contractual provisions. Purely for the avoidance of doubt we draw your attention to the fact that in particular distributing our content or making it publicly available, e.g. on websites other than ATHL.Exercise websites, is not permitted. The right of use will lapse when your access to the respective service is no longer enabled (e.g. after you have cancelled your subscription) or when your user contract ends.

14. Ending the Contract

14.1 User contract

You have the right to cancel your user account at any time, without stating any reasons, thereby also ending your user contract. Cancellation for any plan and program can be done by the user at any time with no cancelation fees directly through its Paypal, Inc. user account.
After you have cancelled your user account we will or may delete all the content and training results that you added, and you will no longer have access to content that you already purchased. If at the time of deleting your account you still have a current subscription or have booked an additional service that has not yet expired, any sum that you have already paid will not be refunded.
You have to notify your contract cancelation at: unsbuscribe@athlexercise.com
We are entitled to cancel the user contract without stating any reasons by giving two (2) weeks’ written notice.

14.2 Subscription

Every subscription must be cancelled individually. You can cancel the respective subscription without stating any reasons at any time effective at the end of the minimum contractual term or at the end of the respective renewal period.
Your user account and any other subscriptions will continue to exist after you have cancelled your subscription.
You have to notify your contract cancelation at: unsbuscribe@athlexercise.com
Cancellation for any plan and program can be done by the user at any time with no cancelation fees directly through its Paypal, Inc. user account.
We are entitled to cancel the user contract without stating any reasons by giving two (2) weeks’ written notice

15. Personal Data

We process your personal data in accordance with our privacy policy.

16. Changes to the General Terms and Conditions

The use of this portal implies acceptance of all the conditions included in this Legal Notice, without reservation of any kind. ATHL.Exercise reserves the right to may modify the portal and General Terms and Conditions with future effect. In order to make the changes and modifications it deems appropriate and creates necessary for the proper functionality of the same, without prior notice.

17. Final Provisions

17.1 Applicable law

The relations with users derived from the services offered on the portal will be linked to the legislation and jurisdiction of El Principat d’Andorra.

17.2 Language of the contract

The language of the contract is English.

17.3 Severability clause

Should any individual provisions of these General Terms and Conditions be or become invalid in whole or in part, this will not affect the validity of the remaining provisions.

18. Information about the Supplier

ATHL.Exercise, SLU
Els Refugis, Les fonts, 18
Canillo AD100 Principat d’Andorra
Email: info@athlexercise.com
VAT L-714371-P

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Last updated: October, 2020