1. Definitions

1.1 “Platform”: Refers to the digital service operated by PATHLETE, accessible via our website, mobile applications, and any associated social media platforms. The Platform includes a suite of tools, features, and content designed to facilitate athletic coaching, training sessions, educational resources, and community engagement among users.

1.2 “User” or “You”: Denotes any individual, group, entity, or organization that accesses or uses the Platform, including athletes, coaches, parents, guardians, and spectators engaging with the Platform’s content, booking sessions, or utilizing any services offered by PATHLETE.

1.3 “Content”: Includes all forms of data, information, text, graphics, videos, audio clips, written posts, comments, software, and interactive features made available on or through the Platform. Content comprises both PATHLETE’s and its partners’ content, as well as user-generated content.

1.4 “Services”: Represents the features and capabilities provided through the Platform, including coaching sessions, training programs, educational materials, community forums, and other services directly or indirectly provided by PATHLETE.

1.5 “User-Generated Content”: Refers to any content that users submit, upload, or make available on the Platform, including text, images, videos, and audio.

1.6 “Coach” or “Trainer”: An individual who offers coaching, training, or educational services through the Platform. Coaches are vetted by PATHLETE but operate as independent contractors.

1.7 “Session”: A scheduled period during which a Coach provides training or educational services to Users through the Platform. Sessions may include one-on-one, group settings, clinics, live broadcasts, or pre-recorded content.

1.8 “Account”: The registered user account created on the Platform for managing personal information, booking sessions, participating in forums, and accessing user-specific content.

1.9 “Privacy Policy”: A document detailing PATHLETE’s practices regarding the collection, use, and sharing of personal information from Users. The Privacy Policy is integral to these Terms.

2. Acceptance of Terms

2.1 Agreement to Terms: By accessing or using the PATHLETE Platform, you agree to abide by these Terms of Service and any associated services provided by PATHLETE.

2.2 Legal Capacity: You confirm that you are of legal age to enter into a binding contract. If not, you have obtained parental or guardian consent.

2.3 Informed Consent: Continued use of the Platform signifies acceptance of these Terms, including any updates or modifications. You are responsible for reviewing these Terms periodically.

2.4 Electronic Agreement: Your use of the Platform constitutes your electronic signature, holding the same legal effect as a handwritten signature.

2.5 Non-Acceptance: If you do not agree with these Terms, you must cease all use of the Platform.

2.6 Additional Policies and Terms: Specific services may have additional terms, which will take precedence in case of conflict.

2.7 Privacy Policy: By agreeing to these Terms, you also consent to the practices outlined in PATHLETE’s Privacy Policy.

3. User Obligations

3.1 Accurate Information: Users must provide accurate and complete information when registering and keep their profiles updated.

3.2 Account Security: Users are responsible for maintaining the confidentiality of their account password and for all activities under their account.

3.3 Prohibited Conduct:

• No Malicious Activities: Users must not engage in activities harmful to the Platform or other users, such as uploading viruses or attempting unauthorized access.
• Respectful Interaction: Users must interact respectfully and avoid harassment or abuse.
• Content Standards: Uploaded content must comply with community standards and not contain explicit or offensive material.

3.4 Compliance with Laws: Users must use the Platform lawfully and ensure they comply with all applicable local laws.

3.5 Reporting Violations: Users are encouraged to report violations of these Terms. PATHLETE may take appropriate action against violators.

3.6 Use of Services: Services must be used for their intended purposes. Misuse of the Platform’s services is prohibited.

3.7 Modifications and Availability: PATHLETE may modify or discontinue any aspect of the Platform or services without notice. PATHLETE is not liable for such modifications.

4. Service Fee Section

4.1 Service Fee Overview: PATHLETE charges a service fee to support Platform operations.

4.2 Service Fee Calculation: A 12% service fee is applied to coaches for each session they book through the PATHLETE platform. This service fee does not apply to the coaches’ $250 membership fee. Users booking lessons with coaches are not subject to any service fees. 

4.3 Disclosure and Transparency: The final invoice will itemize the service fee. Review invoices carefully before confirming transactions.

4.4 Rationale Behind the Service Fee: The fee supports operational costs, including technology infrastructure and customer support.

4.5 Refunds and Service Fee: The service fee is non-refundable.

4.6 Modifications to Service Fee Structure: PATHLETE reserves the right to modify the service fee structure at any time and changes to the service fee will be communicated to users in advance. 

4.7 Inquiries and Disputes Regarding Service Fees: Contact support for questions or disputes regarding service fees.

5. Limitation of Liability

5.1 “As Is” Basis Services: PATHLETE provides services without warranties. The Platform is used at your own risk.

5.2 User Acknowledgement: Users acknowledge the risks associated with using the Platform and its content.

5.3 Limitation on Direct Liability: PATHLETE and its affiliates are not liable for any damages arising from the use or inability to use the Platform.

5.4 Specific Limitations for Videography and Photography: PATHLETE is not liable for issues related to content captured or shared through the Platform.

5.5 Limitation of Liability: Given that the membership fee of $250 is non-refundable, PATHLETE shall not be held liable for any amount paid by the user to access PATHLETE’s platform, irrespective of the duration or nature of any claims. 

5.6 User Indemnification Obligation: Users agree to indemnify PATHLETE against any claims arising from their use of the Platform.

6. Changes

6.1 Right to Modify Terms: PATHLETE can revise these Terms at its discretion.

6.2 Notice of Changes: Users will be notified of significant changes through appropriate means.

6.3 User’s Responsibility to Review Changes: Users must review changes and continued use signifies acceptance.

6.4 Effective Date of Changes: Changes take effect immediately upon posting or as communicated.

6.5 Archival of Previous Terms: PATHLETE may keep an archive of previous Terms for user reference.

6.6 User Feedback: Users can provide feedback or questions to support.

7. Termination

7.1 Rights of Termination by PATHLETE: PATHLETE may terminate access for reasons including policy violations or harmful conduct.

7.2 User Initiated Termination: Users can terminate their agreement by closing their accounts.

7.3 Effects of Termination: Upon termination, all access rights cease, and downloaded materials must be deleted by the user.

7.4 Survival: Certain sections will survive termination, including liability and indemnity provisions.

7.5 Post-Termination Use of Content: PATHLETE retains rights to use user-generated content in accordance with the Terms.

8. Disputes

8.1 Governing Law: Indiana State law governs disputes. 

8.2 Agreement to Arbitrate: Disputes will be resolved through binding arbitration.

8.3 Exceptions to Arbitrate: Intellectual property claims may be brought in court.

8.4 Class Action Waiver: Users waive the right to participate in class actions.

8.5 Limitation on Time to File Claims: Claims must be filed within one year.

8.6 Indemnification: Users agree to indemnify PATHLETE against claims related to these Terms.

8.7 Resolution for Disputes from Videography and Photography: Disputes should first be addressed informally with PATHLETE.

9. Miscellaneous

9.1 Entire Agreement: These Terms represent the entire agreement between users and PATHLETE.

9.2 Severability: Invalid provisions will not affect the remaining Terms.

9.3 Waiver: Failure to enforce any provision does not constitute a waiver.

9.4 Amendment and Modification: PATHLETE can amend these Terms, and continued use signifies acceptance.

9.5 Assignment: Users may not transfer these Terms without PATHLETE’s consent.

9.6 Governing Law and Jurisdiction: Disputes will be governed by Indiana State Law, known as The Indiana Code and resolved in The jurisdiction of Hamilton County Courts.

9.7 Videography and Photography Acknowledgment: Users acknowledge PATHLETE’s Videography and Photography Policy.

9.8 Contact Information: Contact PATHLETE at support@pathlete.com for questions or clarifications.