1. General

These terms of agreement (hereinafter the ”Terms of Agreement”) are applied to the trade of products and services of PB Athletics Oy between PB Athletics Oy (hereinafter the “Service Provider”), and a customer (hereinafter the “Customer”) purchasing these services or products from the provider, unless otherwise stated in the terms and conditions.

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The Terms of Agreement come into force on March 1st, 2023, and are valid until further notice. 

2. Ordering and purchasing the services

The product or service is purchased directly by contacting the Service Provider via email (contact@personalbestathletics.fi) or in person. The Service Provider sends the Customer the pre-signed contract and Terms of Agreement via email, which then is signed by the Customer (electronically or on printed paper). After this, the Customer sends a picture or a copy of a signed contract to the Service Provider by email. 

3. Customer Agreement

The Customer Agreement is an open-end agreement.

An open-ended customer agreement is valid from the time the agreement is signed by both parties until it is terminated by the other party in accordance with the terms of the agreement.

An open-ended customer agreement may be terminated after the minimum period of one month has expired, and  no later than one month before the start of the next billing period.
 

If the Customer does not use the services within the calendar month, the services are considered obsolete and will not be refunded to the Customer. Customer Agreement is personal and cannot be transferred to another person without the approval of the Service Provider.

4. Prices of services
 

The prices of the services are determined separately for each type of Customer Agreement. The prices of existing customer relationships are determined in accordance with the prices valid at the time of making the agreement.

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The Service Provider reserves the right to change prices or any other charges at any time. The price changes are subject to change with thirty (30) days prior written notice to the Customer.

5. Cancellation of Coaching Session

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The Customer undertakes to adhere to the pre-agreed appointment times with the Service Provider for coaching services. If the Customer is late or fails to arrive at the pre-arranged appointment, he or she will not be reimbursed for the unused part of the appointment time. Suppose the Service Provider is late for an appointment. In that case, the appointment will be extended so that the agreed duration of service is met, or the lost time will be reimbursed at the next appointment by mutual agreement between the Customer and the Service Provider.

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On a case-by-case basis, the Customer may agree with the Service Provider that the appointment date can be postponed to another date suitable for both parties. The Customer must request the Service Provider to postpone the appointment no later than twenty-four (24) hours before the start of the appointment. The change of an appointment requires the written or oral approval of the Service Provider. If the above conditions are met, the Service Provider shall not have the right to prevent the postponement of the appointment date other than for a justified reason. The Customer also has the right to postpone the agreed appointment date if the Customer Agreement is for small group training delivered by the Service Provider if the terms mentioned above are met.

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6. Terms of cancellation for Services

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If the terms of cancellation are fulfilled, fees that have already been paid will be refunded in accordance with the terms of cancellation to a bank account provided by the Customer.

The Customer can cancel its participation to a purchased Service by notifying the Service Provider of the cancellation by e-mail. The cancellation is addressed to the contact person stated on the website of the Service.

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The following information must be attached to the cancellation notification

• The Customer’s name, address and phone number

• Bank account number

• A copy of the Service Provider’s Service Agreement

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A consumer Customer has the right to cancel its participation to an ordered Service by notifying the Service Provider of the cancellation within 14 days from placing the order. When 14 days have elapsed after placing the order, the same terms of cancellation that are applied to other than consumer Customers are applied to the consumer Customers as well.

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A consumer Customer does however not have the aforementioned right to cancellation if the Service has been executed in full, or if the delivery of the service has commenced, and the Customer has been notified of the absence of the right to cancellation.

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If the cancellation occurs 8-14 days before the service begins, the Customer is charged 50 % of the price of the Service. If the cancellation is made later than this or if no cancellation is made, the Customer is charged the full participation fee.

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7. Terms of termination for Services

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The Customer has the right to terminate the service immediately due to an exceptional and unexpected event affecting him, such as severe illness or permanent injury, during the agreement period.

 

If the Customer becomes pregnant, the Customer has the right to cancel the service immediately. The Customer must provide the Service Provider with an official certificate of such demolition criteria, such as a medical certificate.

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In situations similar to the above (e.g., in the case of minor injuries, e.g., a 1-month ban on exercise), the customer may also agree to suspend the service temporarily.

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If the Customer has a valid Customer Agreement and the appointments included in the agreement cannot be arranged with reasonable effort, for example, due to a Customer or Service Provider migration, the Customer will continue remote coaching until the end of the agreement period. The Customer has the right to terminate the Agreement immediately if the Service Provider essentially breaches the Service Agreement. 

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The Service Provider reserves the right to terminate this Agreement at any point if the customer is misaligned with the service values, or immediately if the Customer essentially breaches the Agreement.

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8. Pausing the Service

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The Customer has the option to pause the service with prior agreement with the Service Provider. The pausing of the service is decided case by case and with the accordance of both parties and with a two week notice prior to this taking effect. The service provider is not required to save a coaching spot after the pause is resumed if the timetable doesn’t allow it.

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9. Invoicing

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PB Athletics Oy (Business ID: 3178329-8) acts as the invoicing manager. Unless stated otherwise in writing, or otherwise, the Services are invoiced on a monthly basis. The invoice includes the monthly number of coaching sessions specified in the Customer Agreement. If the Customer does not use all the monthly coaching sessions during the invoicing month, bank sessions will be evaluated on a case to case basis by the service provider. The service provider is not obligated to bank sessions for the upcoming month. Extra coaching sessions that are not included in the Customer Agreement will be included in the next month’s invoice. 

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The payment term is 14 days net. 

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If the Customer has not made the payment per the Customer Agreement by the due date, the invoicing manager shall send the Customer a reminder invoice fourteen (14) days after the due date. If the invoice is still not paid, the invoicing manager will send a second reminder invoice fourteen (14) days after the previous reminder was sent. The costs arising from reminders are charged to the Customer. If the invoice is not paid by the due date of the last reminder invoice, the receivable will be transferred for collection. The invoicing manager has the right to charge the Customer default interest in accordance with section 4 of the Finnish Interest Act (633/1982) from the first due date. The invoicing manager has the right to suspend the provision of services for the time being by unilateral written notice if the Customer has not paid his payments by the due date. Despite the suspension, the Customer's payment obligation remains unchanged. The service can continue once the Customer has paid their outstanding payments. 

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10. Safety

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By participating in the coaching appointments included in the Service Agreement, the Customer agrees to participate in activities where there is a risk of possible personal injury or property damage. The Service Provider is not liable for any damages caused to the Customer, for example, due to Customer's own negligence or actions contrary to the instructions given. The Customer is aware of, e.g., a normal risk of injury related to exercise and accepts this fact when participating with their own free will to agreed appointments. The Customer participating in the appointments must have valid and relevant accident insurance or other similar insurance. The Customer must inform the Service Provider in advance of any pertinent matters concerning his or her health or other similar factors affecting the activities and participation in the event. In this way, the Service Provider can design the service considering the Customer's needs, including safety considerations.

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11. Duty of Security

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All material related to coaching services is personal, and the programs are individually designed. Sharing, giving away, or otherwise improperly using the material is strictly prohibited. In cases of abuse, this can lead to the termination of the Customer relationship and liability, which considers on a case-by-case basis how much harm the Customer's actions have done to the Service Provider.

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12. Disputes and their resolution

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All disputes are primarily resolved through negotiations between the Customer and the Service Provider. If the negotiations fail to produce a solution within one (1) month of the commencement of the negotiations, the dispute is resolved in the District Court of Helsinki as the first instance.

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13. Change of terms and conditions

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The Service Provider may change this Agreement as allowed by applicable law. This may include changing, adding, or removing terms. The Service Provider may do this in response to legal, business, competitive environment or other reasons not listed here. If required by applicable law, the Service Provider will send a written notice of such a change to the Customer.