Terms and conditions

1. Provider and scope

The provider is Manuel Hein, a sole trader operating under the business name Trackora Sports Technologies & Coaching, Obere Bleiche 12A, 89347 Bubesheim, Germany. Current contact details are available in the legal notice.

These terms apply to the coaching and testing services specified in the individual contract. A consumer is a natural person entering into a contract predominantly for purposes outside their trade or self-employed professional activity.

Individual agreements take precedence over these terms. The individual contract sets out the services, price, start date and, where applicable, the testing appointment. The English version conveys the same provisions.

Before a binding declaration, the country of habitual residence, including the constituent country for UK clients, and the contract language are established. Required country-specific and language additions are supplied with the contract documents. Providing a German or English version alone does not satisfy statutory requirements for another language.

2. Enquiries and formation of the contract

The presentation of services on the website and a non-binding enquiry using the contact options provided do not in themselves create a contract.

For coaching, following an initial discussion, you receive an individual contract offer as a PDF, these terms and the required consumer information and withdrawal information by the agreed contact method, email or WhatsApp. The coaching contract is formed when the provider receives your signed contract offer within any acceptance period stated in it.

You may book performance testing directly by email, telephone or WhatsApp. Before you make a binding booking, you receive the service description, price, these terms and the required consumer information and withdrawal information. The testing contract is formed when the provider confirms your booking.

For minors, the additional requirements in section 10 apply. For both types of service, before work starts, you receive confirmation of the agreed services, prices and start date or appointment, together with the contract documents, on a durable medium, such as email or a PDF you can save. This also applies to bookings or confirmations made by telephone or WhatsApp; a solely verbal confirmation is not sufficient for this purpose.

The start of the service is agreed individually. If the provider is to start work before an applicable withdrawal period ends, your express request for this is obtained separately. Paying an invoice or accepting these terms does not replace that declaration.

3. Running coaching services

Coaching includes training planning tailored to your goals, circumstances and feedback, analysis of the training data you provide, and adjustments to training load as needed. Manuel Hein provides the coaching personally. This service is delivered across borders as remote coaching; the coach working from Germany does not mean that the service is received exclusively in Germany.

Basic costs EUR 149.99 per calendar month. It includes a four-week planning framework, active review of the training data you provide, adjustments as needed and personal feedback when required. The four-week planning framework is not a separate contract or billing period.

Performance costs EUR 249.99 per calendar month. In addition to the Basic services, it includes a weekly review of your training progress, more detailed analysis of relevant key sessions, and season and competition planning.

Communication takes place through TrainingPeaks comments and the individually agreed contact method, WhatsApp or email. The service does not include continuous monitoring around the clock, fixed weekly calls or regular written weekly reports.

A separate running technique analysis, detailed exercise programmes and performance testing are not included in the coaching price unless expressly agreed as additional services. No particular race result, improvement in performance or prevention of injury is promised.

4. TrainingPeaks and technical requirements

TrainingPeaks is used for coaching. A free TrainingPeaks account is sufficient for the agreed service. A paid Premium subscription is optional; if you choose one, you arrange and pay for it yourself. Your use of the platform is governed by the platform provider's terms.

You are not required to provide GPS location data. Other training metrics that are useful and necessary for your coaching, and how to provide them, are agreed individually.

The provider uses OneDrive for Business for business document storage. You do not need to create a Microsoft account or purchase a Microsoft subscription for this purpose. Contract documents and results are supplied through a suitable, agreed delivery method.

If technical problems arise, the parties agree on a suitable alternative communication method so that coaching can continue. Statutory rights relating to missing or impaired services remain unaffected.

5. Coaching prices and billing

All quoted prices are total prices in euro (EUR), including any applicable taxes. VAT is not shown separately where the German small-business exemption under section 19 UStG applies. Invoices and payments are in euro. There is no separate setup fee or additional fee for clients abroad.

In the first month, charges start on the agreed date when the individual initial assessment or training planning actually begins. The price is calculated per calendar day, including that start date: the monthly price divided by the number of calendar days in that month, multiplied by the number of chargeable calendar days. Only the final result is rounded to the nearest cent.

Invoices are normally issued at the beginning of the current calendar month; the first invoice reflects the agreed start date. The invoice falls due upon receipt and must be paid by bank transfer within 14 calendar days of its date. Payment is not collected automatically by direct debit.

An invoice or payment does not create a new contract each month. The existing coaching contract continues in accordance with section 6.

If payment is overdue, you first receive a reminder free of charge, allowing at least seven calendar days from receipt to pay. Only after this additional period has expired without payment may a previously announced and proportionate interruption of coaching be considered, subject to the legal requirements. This does not automatically terminate the contract.

Failure to use the service for reasons attributable to you does not in itself entitle you to a discretionary discount. Any legally required deductions, particularly for saved expenses, and other statutory claims remain unaffected.

6. Duration and termination of coaching

The coaching contract continues for an indefinite period and has no minimum term.

You may terminate the contract at any time in text form, including by email or WhatsApp, with effect at the end of the current calendar month. No additional notice period applies. What matters is when your notice reaches the provider, not when it is read. Neither a signature nor a particular form is required. Other forms of notice permitted by mandatory law remain available.

The right to terminate for cause and any other statutory rights to end the contract early remain unaffected.

7. Illness, injury and service interruptions

If your illness or injury is expected to require a break of at least four weeks, you may take a coaching pause free of charge from a mutually agreed date. Neither a medical certificate nor disclosure of a diagnosis is required to request this pause.

All coaching services and the obligation to pay are suspended during the agreed pause. Amounts already paid for paused days are allocated on a daily basis using the calculation described in section 5 and are refunded or credited, at your choice.

The return to coaching is agreed together. Returning earlier than initially expected does not result in retrospective charges for days already spent on pause. Charges resume on the agreed return date.

If the provider is unable to provide coaching because of illness or another impediment, payment and other claims depend on the services that can actually be provided and the applicable law. An existing training plan does not, by itself, entitle the provider to the full fee for all further coaching services.

8. Availability and announced absences

Holiday periods are announced at least two weeks in advance. Holidays already known when the contract is formed are disclosed before the contract is concluded. They are limited to a maximum of 28 consecutive calendar days and a total of 70 calendar days per calendar year.

Training is planned ahead before a holiday period. The agreed review of training data and progress continues during holidays; for Performance, this continues to include the weekly review. Only written updates to the training plan are suspended during this time.

If the coach identifies a need for adjustments, the coach contacts you proactively in time before the affected training session and agrees the necessary change with you verbally where needed. The specific change agreed in that conversation replaces the corresponding identified instruction in the existing plan. The 72-hour rule below does not permit such necessary contact to be delayed.

For special enquiries requiring a telephone discussion during an announced holiday period, the discussion takes place within 72 hours of receipt of the enquiry, including weekends. If you are unavailable during that period, the next mutually possible appointment is arranged. This rule is not a general response deadline for all enquiries.

Coaching is not suspended as a whole during holidays. Statutory rights in the event of an actual failure to provide services remain unaffected.

9. Your participation and health considerations

Appropriate planning requires accurate information about your goals, training opportunities, training progress and relevant limitations. Please promptly report changes, symptoms, illnesses or injuries relevant to carrying out the agreed training safely, using a suitable contact method.

Running coaching and sports performance testing do not replace a medical examination, diagnosis or treatment. They do not include a promise that medical fitness for a particular training load will be established.

Unexplained symptoms or symptoms brought on by exercise require medical assessment. Medical restrictions on exercise must be followed. If acute symptoms occur, exercise must stop and medical assistance must be sought where necessary.

These participation requirements do not limit the provider's statutory duties of care or liability. Processing health data requires the separately explained data protection conditions to be satisfied.

10. Participation by minors

Running coaching is available from age 14. For participants under 18, the parents or guardians with parental responsibility enter into the coaching contract in their own name for the child's benefit. The parents or guardians named as contracting parties owe the fees; the child does not thereby become liable for the invoices.

Where parental responsibility is shared, the necessary agreement of both holders of parental responsibility must be ensured; any permitted representation must be documented clearly when the contract is formed. Young participants are involved in discussions in a way appropriate to their understanding.

Performance testing is available from age 16. For 16- and 17-year-olds, a parent or guardian may enter into the contract in their own name for the child's benefit, or the young person may enter into the contract themselves with the necessary consent of their legal representatives. The selected contracting party, who is responsible for paying the invoices, is identified clearly in the individual contract.

Consent to the contract does not replace any required consent to the particular physical examination or measurement, or separate consent to the processing of health data. These declarations are obtained separately, taking the young person's capacity to understand into account.

A TrainingPeaks account for a person under 16 also requires the platform provider's verified parental consent process. Signing the coaching contract does not replace that process. Use is set up only once the necessary conditions have been met.

For clients or participants abroad, legal capacity, authority to act and capacity to consent must be established under the applicable law before contracting or the relevant processing or examination. The age limits for this service do not set a uniform legal age of majority or capacity to consent for every country.

11. Performance testing and results

Sports performance testing is a separately agreed service. Lactate performance testing costs EUR 149.99 and takes approximately 1 to 1.5 hours. The vLaMax field test costs EUR 99.99 and takes about one hour. These are total prices including any applicable taxes. VAT is not shown separately where section 19 UStG applies. Invoices and payments are in euro; there is no additional fee for clients abroad.

Physical field tests take place exclusively in person in the Augsburg/Günzburg area in Germany. The type and scope of testing, location, appointment and preparation are agreed individually. Before testing, the necessary information about exercise tolerance is collected and the procedure, physical exertion and test-specific consents are addressed separately.

The assessment describes the measurements obtained within the agreed scope and their interpretation for sports purposes, including training zones. The agreed discussion of results is included in the price. It is neither a medical diagnosis nor a guarantee of a particular improvement in performance.

The written report is provided within seven calendar days after the test using the agreed delivery method.

The invoice is issued after the test and must be paid by bank transfer within 14 calendar days of the invoice date.

An interruption or termination of testing required for health reasons is not treated as a fully completed test solely by virtue of these terms. Any payment or other claims depend on the agreed services, what actually occurred and the applicable law.

12. Cancelling or rescheduling testing appointments

A testing appointment may be cancelled free of charge, or rescheduled by agreement, up to 48 hours before the agreed start time. This applies equally to initial, follow-up and rescheduled appointments. What matters is when the provider receives your message.

In the event of acute illness, you may also reschedule free of charge within the final 48 hours before the appointment. Inform the provider as soon as you know you cannot attend. The normal 48-hour deadline applies again to the mutually agreed replacement appointment; the option to reschedule free of charge because of acute illness remains available.

For other late cancellations or failures to attend, there is no automatic charge of 100 per cent or contractual penalty. Whether any payment or compensation is owed, and its amount, depends on the legal requirements. Saved expenses and alternative use of the appointment must be taken into account as required by law; you may demonstrate that a smaller amount or no amount is owed.

If the provider must cancel an appointment because of illness or weather, you may choose between rescheduling without an additional charge at the previously agreed testing fee and ending the testing contract free of charge. If the contract ends, any advance payments for the cancelled test are refunded. Further statutory rights remain unaffected.

13. Right of withdrawal / right to cancel

If a consumer contract is concluded remotely or away from business premises, you may have a statutory right of withdrawal. The withdrawal information and model withdrawal form are provided separately before the contract is concluded. These terms do not replace that information.

Merely agreeing a fixed testing appointment does not automatically exclude a right of withdrawal. The free appointment cancellation described in section 12 and any statutory right of withdrawal are independent of each other.

Starting work during the withdrawal period requires your separate express request. For coaching, this also includes the individual initial assessment and training planning. The additional statutory information and consent requirements are satisfied separately.

If you subsequently withdraw, compensation for services already provided is owed only where the legal conditions are met and only to the extent permitted by law. Starting work or making a payment does not in itself extinguish the right of withdrawal. Loss of the right due to full performance requires all the applicable legal conditions to be satisfied.

For remote coaching, the fourteen-day right is also granted contractually as described in the international contract terms where no equivalent statutory right exists. This does not grant an additional contractual right of withdrawal for performance testing. The international contract terms set out the specific conditions for an early start where Austrian or Liechtenstein consumer law applies.

14. Privacy and health data

Separate privacy information explains which personal data are processed for enquiries, contracts, coaching and testing, the legal grounds for processing, the recipients involved and your rights.

Accepting these terms does not constitute consent to the processing of health data. Where explicit consent is required, it is obtained separately for the specified purpose before processing takes place. This also applies to any separately authorised further use of testing results for coaching.

TrainingPeaks and the agreed communication methods are used for coaching. The provider stores business documents in OneDrive for Business. You are not required to maintain a Microsoft account. Details about data categories, recipients, transfers and safeguards are provided in the privacy information.

Data protection consent may be withdrawn with effect for the future. If the processing concerned is necessary for the agreed service, the consequences for continued coaching are discussed individually. These terms do not make such a withdrawal automatically terminate the contract or remove any right to a refund.

15. Liability and statutory rights

The provider is liable in accordance with the law. These terms do not exclude or limit statutory liability, particularly liability for death, personal injury or damage to health.

References to your participation, health considerations and the absence of guaranteed results do not release the provider from contractual or statutory duties.

Mandatory legal protections and statutory consumer rights remain unaffected.

16. Contract language and country-specific terms

The country of your habitual residence, the agreed contract language and any country-specific additions supplied before your binding declaration are identified in the offer. Contract documents are provided in the agreed German or English version. There is no blanket priority for the German version. Statutory language and information requirements remain applicable; any required additional language versions are supplied before the contract is concluded.

17. Applicable law

German law applies to the extent that such a choice of law is permitted. If the provider directs business activities to the country of your habitual residence and the contract falls within those activities, this choice does not deprive you of the protection of mandatory consumer provisions of the law that would apply without a choice of law. In particular, where Article 6 of Rome I applies, the mandatory protections of your country of habitual residence remain applicable. Where a choice of law is excluded, the law determined by the applicable legal rules applies instead. The provision for Switzerland below remains applicable.

18. Courts and complaints

No exclusive jurisdiction of German courts is agreed. Statutory jurisdiction rules and your right, where the relevant legal conditions are met, to bring proceedings against the provider in your home jurisdiction or to be sued only there remain unaffected. You may send complaints to the postal, email or telephone contact details in the contract. Mandatory rights to complaints procedures or consumer dispute resolution are not excluded; details of any dispute resolution body required for the particular contract are supplied before it is concluded.

19. Withdrawal and ending the contract

For remote coaching concluded at a distance, the fourteen-day right described in the attached withdrawal instructions is also granted contractually where no equivalent statutory right exists, particularly for clients in Switzerland. The time limits, ways to give notice and refund rules described there apply to this contractual right. A proportionate charge for services already supplied is possible only following a prior express request to start within the period and proper information. Any more extensive mandatory rights take precedence. This additional contractual right does not apply to performance testing.

For coaching, termination at the end of the current calendar month remains available without any additional notice period. Any legally required simple termination method and more extensive statutory rights to end the contract earlier remain available. Email or WhatsApp is sufficient; neither a signature nor the PDF form is required. Other forms of notice permitted by mandatory law are not excluded. Withdrawal, termination of ongoing coaching and cancellation of a testing appointment are distinct rights.

20. Clients habitually resident in Austria or Liechtenstein

Where Austrian or Liechtenstein consumer law applies, paid services start within the withdrawal period only after an express request to start and acknowledgement that the right is lost on full performance of the contract. For ongoing coaching, the initial assessment, a training plan or a billed month does not fully perform the indefinite contract. For performance testing, both designated declarations are required. Where a service contract is negotiated in a telephone call initiated by the provider, the offer is supplied on a durable medium; the client is bound only following the legally required subsequent written acceptance on a durable medium. A telephone booking confirmation alone does not replace that step.

21. Clients in the United Kingdom

The United Kingdom here includes England, Wales, Scotland and Northern Ireland. The term right of withdrawal in the instructions also refers to the UK cooling-off right to cancel. Mandatory UK consumer rights remain unaffected, including reasonable care and skill and, where the statutory conditions are met, repeat performance or a price reduction under the Consumer Rights Act 2015. This does not guarantee a particular sporting result.

22. Clients in Switzerland

Where Article 120 of the Swiss Private International Law Act applies to the contract and excludes a choice of law, Swiss law applies. To the extent that the contract is subject to the mandatory right to end a mandate at any time under Article 404 of the Swiss Code of Obligations, neither the month-end termination rule nor the 48-hour testing cancellation rule restricts that right. Any fee or compensation claim then depends solely on the statutory conditions; the remaining monthly fee or full test price is not automatically payable.