PUBLIC OFFER FOR COACHES AND SPORTS FACILITIES

on concluding an agreement for the provision of sports services through the GoGym application

1. General provisions 

1.1 This Public Offer (hereinafter referred to as the “Offer”) is an official offer from the administration of the GoGym mobile application (hereinafter referred to as the “Application”) represented by «TITAN» Individual Entrepreneur, addressed to any legally capable person registered as an individual entrepreneur or a legal entity who wishes to provide sports services (hereinafter referred to as the “Partner”), under the terms of this offer agreement.

1.2 Acceptance of the Offer by registering in the Application and uploading profile data means full and unconditional acceptance of all terms of this agreement.

1.3 The GoGym application – is a marketplace for the provision and booking of sports services, uniting Trainers, Sports Facilities and Clients.

1.4 The Application Administration is not a party to transactions between Users and is not responsible for the quality, safety and compliance of the services provided, with the exception of obligations related to the functioning of the platform.

2. Participant statuses

2.1 Тренер/Инструктор — Coach/An instructor – an individual registered as an individual entrepreneur, providing sports services on a paid basis through the Application.

2.2 Sports facility — a legal entity or individual entrepreneur providing services for renting halls/gyms, conducting training sessions, group classes, subscriptions and other sports events through the Application.

2.3 The Client/athlete — is an individual who purchases sports services through the App.

3. Subject of the agreement

3.1 The application provides an information platform for searching, booking and paying for sports services, as well as for interaction between Coaches, Sports Facilities and Clients.

3.2 Coaches and Sports Facilities are fully responsible for the safety of Clients when providing services, including: – conducting training sessions in a safe condition; – serviceability of inventory and equipment; – compliance of premises and sites with norms and requirements; – compliance with safety regulations; – prevention of injuries and accidents.

3.3 The Partner guarantees the availability of professional qualifications, experience, permits and licenses (if required by law) for the provision of the declared services.

3.4 All interactions between the Coach, the Sports Facility and the Client are carried out through the Application, with the recording of orders, payments and performance of services.

4. Financial conditions

4.1 A commission is charged for using the Application (stated in the application based on the partner’s subscription) for each successful transaction (payment for the service by the Client). The commission is deducted automatically and transferred to the Application Administration account.

4.2 If the Trainer/Coach works on the territory of the Sports Facility, the Sports Facility has the right to establish an additional commission from the cost of the training, which is withheld automatically during mutual settlements through the Application.

4.3 Payments to Partners are made to the details they specify, minus the Application commission and taxes in accordance with the law.

4.4 The Partner undertakes to ensure that information about their service, prices and availability is up-to-date, and in the event of a change in price or terms of service, inform Customers in advance through the Application.

5. Responsibility of the parties

5.1 Coaches and Sports Facilities are fully responsible for the compliance of the services provided with the legislation, their quality, safety and compliance with agreements with Clients. This includes: – responsibility for the safety of their customers and compliance with all safety standards; – compliance with all mandatory legal requirements, including sanitary and epidemiological standards.

5.2 The application is not responsible for any possible disputes, damages, accidents that arise during or as a result of the provision of services, but has the right to act as a mediator in resolving conflicts.

5.3 In case of receipt of substantiated complaints, violations of the law, provision of substandard or unsafe services, the Application Administration has the right to restrict the Partner’s access to the service, temporarily block the profile, and in case of repeated violations, delete the account without refund.

5.4 The Application is not responsible for losses, loss of data or income, caused by the actions of third parties or technical problems in the Application.

6. Rights and obligations of the Partner 

6.1 The Partner undertakes to: – provide only reliable information in his profile, as well as about his qualifications, experience, licenses and other data necessary for carrying out his activities; – provide services in full compliance with the stated conditions, which includes compliance with safety regulations and all standards; – comply with the rules of the Application, applicable legislation and security requirements; – timely pay taxes on income earned through the Application; – be responsible for the safety and health of Customers throughout the entire service provision process; – to prevent actions that violate the rights of Clients and other Partners.

6.2 The Partner has the right to:

6.2.1 – to post their services, set prices, accept orders;

6.2.2 – to refuse to provide services to Clients if there are objective reasons (with subsequent notification to the Administration);

6.2.3 – to participate in promotions and bonus programs that increase the visibility of services;

6.2.4 – to change information about their services or prices, while informing Customers in advance;

6.2.5 – to block the access of a Client who violates the rules of the Application if this is necessary for security or compliance reasons. 

6.3 The Partner undertakes to ensure the timely performance of the services provided through the Application and to assume responsibility for violations of the contractual terms.

7. Ratings and reviews

7.1 After the services have been rendered, the Client leaves a review about the Coach and/or Sports Facility, which affects the rating. All reviews must be objective and true.

7.2 The Coach and the Sports Facility have the right to evaluate Clients, block unwanted users and restrict their access to their services.

7.3 In case of complaints about dishonest Clients or negative reviews, the Trainer or Sports Facility may file a complaint with the Application Administration to resolve the situation.

8. Refund and Cancellation Policy

8.1 Refunds are made in the following cases:

8.1.1 – Cancellation of a training session/subscription by a Coach or Sports Facility.

8.1.2 – The closure of the site for a period of more than 14 days.

8.1.3 – Errors or failures in the Application that led to the inability to receive the service.

8.2 Return conditions at the initiative of the Client:

Single (1 pc.) training in all formats: individual, personal, group, open day.

Time remaining before the start of the booked training session	Deduction from the client	how much % of the deduction amount will the coach receive	how much % of the  deduction  amount will the system receive
more than 72 hours	No deductions	–	–
72-48 hours before training	10 % deduction from the amount of each cancelled training session	70%	30%
47-25 hours before training	15 % deduction from the amount of each cancelled training session	70%	30%
24-12 hours before training	25 % deduction from the amount of each cancelled training session	70%	30%
12 – 1 hours before training	35 % deduction from the amount of each cancelled training session	70%	30%
less than 1 hour before training	45 % deduction from the amount of each cancelled training session	70%	30%

Once training has started or is completed, no refunds are possible.

Block (package) of training sessions.

Have you already started training as part of the training block?	How much time is left before the first training session within the block?	What’s happening?
No, we haven’t started.	more than 3 days	cancellation of the entire block and full refund
No, we haven’t started.	less than 3 days	Cancellation is not possible
Yes, we have started	–	Cancellation is not possible

Once training has started or is completed, no refunds are possible.

8.3 Funds are returned to to the Client’s internal account with the possibility of withdrawal or reuse.

9. Final Provisions

9.1 This Offer is valid indefinitely, until the Administration revokes or terminates the agreement by one of the parties.

9.2 The Administration has the right to make changes to the terms of the Offer by notifying the Partners by publishing a new version in the Application.

9.3 All disputes arising from the use of the Application are resolved through negotiations, and if it is not possible — in accordance with the law in court at the place of registration of the copyright holder of the application.

9.4 Acceptance of this Offer confirms that the Partner has read and fully agrees with all terms of the agreement.