TERMS AND CONDITIONS OF SALE

Paris, December 06, 2017 

PREAMBLE

The conditions set out below constitute the terms applicable to any private individual placing an order with YOUCOACH, in particular via its website. www.youcoach.fr or a membership form, and/or being a user of its services intended for private individuals.

A - Identification of YOUCOACH and its activities

YOUCOACH is a company registered with the Paris Trade Register under number 82969556800016.

It specializes in providing advice, coaching and support for sports and well-being in the form of one-to-one or group sessions, at home, in the workplace or outdoors, directly or remotely, by putting you in touch with professional, experienced sports coaches.

All the services offered by YOUCOACH are listed on the free-access website www.youcoach.fr which it publishes and which is hosted by OVH SAS, whose registered office is at 2 rue Kellermann, BP 80157, 59100 Roubaix, France.

B - Definitions of terms used

Certain terms are regularly used in these terms and conditions of sale and require explanation:

  • "YOUCOACH" refers to the above YOUCOACH company;
  • "Customer" refers to any private individual placing an order with YOUCOACH, on his or her own behalf or on behalf of a third party, via the website. www.youcoach.fr or by any other means (e-mail, telephone, mail, paper form);
  • The "User" refers to any individual who actually benefits from the sports and wellness services offered by YOUCOACH and listed on its website. wwwyoucoach.fr. The "User" and the "Customer" generally refer to the same natural person, except in the case of an order placed by the latter on behalf of a third-party User.
  • "The Coach" refers to the independent service provider practicing the profession of professional coach, whom YOUCOACH puts in contact with the User in order to carry out the sport and wellness services ordered by the Customer;
  • The "Parties" together refer to "YOUCOACH", "the Customer" and "the User";
  • Unless otherwise specified, "the Session" refers to an effective hour of sport and/or well-being supervised and accompanied by the Coach;
  • The "Order" refers to the Customer's request to YOUCOACH for sports and wellness services in accordance with the terms and conditions set out below, which may take two forms:
    • "Package": individual or group, it refers to the order of one or more Sessions, up to 100 (one hundred), with immediate payment;
    • The "Subscription": individual or for a group, it refers to the order of 5 (five), 9 (nine) or 13 (thirteen) Sessions per month for a period of three, six or twelve months with commitment, in return for payment in instalments;
  • "the Site" refers to the Internet site www.youcoach.fr

C - Acceptance and modification of the General Terms and Conditions of Sale

Customers and Users of YOUCOACH are invited to read these General Terms and Conditions of Sale carefully before placing an order or taking advantage of the services offered. The General Terms and Conditions of Sale can be read permanently on the Site or sent by e-mail on request.

By placing an order with YOUCOACH, the Customer automatically and expressly accepts and agrees to be bound by these General Terms and Conditions of Sale.

Each User is also asked to certify that he/she has read and accepted these General Terms and Conditions of Sale by ticking the appropriate box on the membership form at the time of his/her first Session.

These General Terms and Conditions of Sale are subject to change at YOUCOACH's discretion. YOUCOACH's Customers and Users are therefore advised to reread these Terms and Conditions regularly.

Each new order implies acceptance of the present terms by the Customer and the User.

These General Terms and Conditions of Sale apply to the exclusion of all other conditions, unless otherwise agreed in writing and signed by the Parties.

I - PURPOSE, SCOPE, NATURE AND DURATION

A - Services concerned

These General Terms and Conditions of Sale govern the order, sale and performance of all sports and wellness services offered by YOUCOACH on the Site, intended for Individual Customers.

B - Persons concerned

These General Terms and Conditions of Sale apply to YOUCOACH Customers and Users.

Customers and Users of YOUCOACH declare that they are private individuals with the legal capacity to contract.

Non-compliance with any or all of these conditions shall render the Order null and void, and no claim for compensation or reimbursement shall be entertained.

C - Conventional nature

These General Terms and Conditions of Sale are contractual in nature and govern the legal relationship between the Parties.

D - Duration and non-transferability

The present General Terms and Conditions of Sale are applicable from the time of the Order, and this from the registration preceding the first contact, to the complete execution of the services of each of the Parties, except in the event of termination, cancellation or nullity.

Regardless of the formula chosen by the Customer, these General Terms and Conditions of Sale constitute a fixed-term, non-transferable contract. As an exception, the present General Terms and Conditions of Sale become a contract for an indefinite and non-transferable period, once a Subscription has been tacitly renewed.

II - REGISTERING, PLACING, CONFIRMING AND RENEWING ORDERS

A - Access and procedure

In order to place an order with YOUCOACH, the Customer is first invited to select one or more of the services offered on the Site. They are then asked to register by filling in an electronic form. This is followed by a telephone contact to establish the User's sporting objectives, and to choose the corresponding Coach. An appointment is then made between the assigned Coach and the User for an initial session to assess the User's level and sporting needs. Finally, the Customer and/or User chooses the appropriate package (Package or Subscription) with the Coach by filling in a paper application form to finalize the Order.

By way of exception, it is possible for the above-mentioned contact to be made after a registration request has been made by telephone or e-mail.

In the case of the Package, it is also possible to place an order directly on the Site.

A customer may place an order for himself or for a third-party User.

B - Registration form, membership form and personal information provided by the Customer and User

When placing an Order, the Customer, then the User, is asked to fill in all the mandatory fields on the electronic registration form and/or the paper registration form.

The Customer and the User certify on their honour that the personal information thus provided is true and correct and undertake to inform YOUCOACH as soon as possible in the event of any change.

YOUCOACH declines all responsibility for the nature and accuracy of the personal information provided by the Customer and the User.

C - Protection of personal information provided by the Customer and the User

In accordance with French and European provisions on the protection of privacy and personal data, the information provided by YOUCOACH Customers and Users has been declared to the French Data Protection Authority (CNIL) under number 1948867.

The aforementioned information may include the first name, last name, postal address, telephone number, e-mail address, banking information, and sports and health information of YOUCOACH's Customers and Users. Most of this information is essential to YOUCOACH's ability to provide its services.

YOUCOACH undertakes that the information provided by its Customers and Users will be kept in a secure environment and will not be accessed, transmitted or sold to third parties.

D - Specific features of the formulas covered by the Order

For each Order, the Customer and/or User chooses a formula:

  1. The Package

If a Package is chosen, the Customer orders one, ten, twenty or one hundred Sessions and payment is immediate.

If the Customer and/or the User do not reserve all or part of the Sessions making up the Package within one year of the date of confirmation of the Order, no compensation or refund may be requested by the Customer from YOUCOACH, except in the specific cases referred to in Article VI-B of these General Terms and Conditions of Sale.

  1. Subscription

If the Customer opts for a Subscription, he or she orders five, nine or thirteen Sessions per month for a period of one month (known as the "no commitment" formula), three months, six months or twelve months. In this case, payment is made in monthly instalments.

The Subscription period begins on the 1st (first) of the month following confirmation of the Order and ends on the evening of the last day of the last month. If the User wishes to begin his or her Sessions in advance, YOUCOACH may offer the Customer a specific Package. In this case, the price per Session is identical to the cost price of a Session under the chosen Subscription.

Sessions not booked by the User for the current month are lost and cannot be postponed, compensated or reimbursed, except in the specific cases referred to in Article VI-B of these General Terms and Conditions of Sale.

Exceptionally, Sessions in August may be postponed at the express prior request of the Customer and/or User, subject to 30 (thirty) days' notice.

In the event that the Subscription is abandoned or not completed in full, in particular by not booking Sessions, the Customer may not ask YOUCOACH for a refund or compensation, except in the specific cases referred to in Article VI-B of these General Terms and Conditions of Sale.

E - Order Confirmation

The fact that the User fills in the membership form during the first Session confirms the Order.

If the User is a third party, this confirmation also applies to the Customer.

In the case of a Package ordered directly on the Site, confirmation of the Order results from the confirmation e-mail sent by YOUCOACH.

F - Withdrawal

Pursuant to Article L121-20-12 of the French Consumer Code, YOUCOACH informs the Customer that he/she has a withdrawal period of 14 (fourteen) days from the date of confirmation of the Order.

Once the aforementioned period has elapsed, the Customer may not withdraw from the Order and is obliged to pay the full price of the Order, except in the specific cases referred to in Article VI-B of these General Terms and Conditions of Sale.

This right of withdrawal may no longer be invoked by the Customer once the User has begun to benefit from YOUCOACH's services, in particular on the occasion of the first Session included in his Package or Subscription.

In the event of withdrawal, YOUCOACH undertakes to reimburse the Customer within 30 (thirty) days.

Withdrawal must be made by post to YOUCOACH, 52 avenue chandon 92230 Gennevilliers or by e-mail to

In the case of postal mail, the date shown on the postmark serves as the withdrawal date.

G - Order renewal

In the case of a Package, renewal is effected by the Customer placing a new Order.

In the case of a Subscription, renewal of the Order is tacit, at the same price and under the same conditions. The Customer may nevertheless cancel the tacitly renewed Subscription, subject to one month's notice, by post to YOUCOACH, 52 avenue Chandon 92230 Gennevilliers or by e-mail to

In the case of postal mail, the date shown on the postmark serves as the notice date.

Apart from the case of tacit renewal mentioned above, no Subscription may be terminated, except in the specific cases referred to in article VI-B of these General Terms and Conditions of Sale.

Renewal of a Subscription may also be express, in which case it is treated as a new Order.

III - ORDER PAYMENT

A - Order price

Prices are indicated on the Site in euros and include all taxes.

These prices are subject to change when an Order is renewed.

Only the services described on the Site and on the corresponding pages are included in the price, which includes in particular the Coach's travel expenses to the location of the Session, his or her sports advice, coaching and support services, and the provision of any equipment brought by the Coach for the Session. Any other service may be subject to a supplement, provided YOUCOACH agrees to perform it.

The purchase of clothing and sports equipment by the Customer and/or User is not included in the Order price and cannot be charged to YOUCOACH.

B - Payment terms

If the Order corresponds to a Package, payment of the price is immediate. The price can be paid by :

  • credit card (Visa or Mastercard) via the BNP PARIBAS secure portal accessible from the Site;
  • check;
  • cash, if the price of the Package does not exceed €1,000 (one thousand euros) in accordance with current regulations;
  • Chèque Emploi Service Universel (SESU) with tax deduction.

If the Order corresponds to a Subscription, payment of the price is spread over monthly instalments. In principle, payment of each monthly instalment is made by direct debit on the 1st day of each month. In exceptional circumstances, the Customer may request that the direct debit be made on a different date, subject to YOUCOACH's agreement.

Payment of each monthly instalment may also be made by means of a Chèque Emploi Service Universel (SESU), which is tax deductible. Where applicable, YOUCOACH will provide the Customer with a tax certificate.

C - Payment due dates

For Packages, payment is due immediately upon confirmation of the Order.

For Subscriptions, payment of the Order is spread over monthly instalments. Each monthly instalment is due from the 1st (first) of each month, except as provided for in Article III-B of these General Terms and Conditions of Sale.

In cases where payment is not immediate or fails, the Customer is requested to settle the Order within 30 (thirty) days from :

  • for Packages, from the date of confirmation of the Order;
  • for Subscriptions, on the day of the usual monthly payment.

If payment has not been made by the end of the aforementioned period, YOUCOACH will give the Customer two weeks' notice to pay by registered letter with acknowledgement of receipt. In this case, the price to be paid by the Customer will be increased by a penalty corresponding to double the legal interest rate.

Once the notice period has expired, YOUCOACH may initiate collection proceedings against the Customer. In this case, the Customer will be charged a collection fee of €40 (forty euros).

IV - ORDER PROCESSING

A - Accessible services

Only the services described on the corresponding pages of the Site are accessible by the Customer and/or User and may be the subject of an Order.

B - Nature, duration and location of services

The services offered by YOUCOACH are of a sporting nature and contribute solely to the fitness and well-being of the User. They cannot be assimilated to or substituted for medical or paramedical treatment.

The services offered by YOUCOACH are broken down into Sessions. Unless otherwise indicated, each Session corresponds to one hour of coaching and sports support by a Coach.

Users book their Sessions directly with their Coach, by e-mail, telephone or SMS.

The location of each Session is freely chosen by the User, subject to acceptance by the Coach. It may be the User's home, place of work, or an external location.

The Coach can also suggest places to the User.

The User's travel expenses and any costs incurred by the Coach and the User for access to certain locations or equipment are the sole responsibility of the User or the Customer.

C - Obligations of YOUCOACH and the Coach

YOUCOACH and the Coach agree to :

  • Carry out the Session diligently and in accordance with the rules of the art, using sports coaching and support;
  • to ensure the physical condition and safety of the User throughout the Session;
  • to provide the User with any advice, information or data that may be useful to him/her in his/her sporting activities;
  • to be available, punctual, friendly and loyal.

D - User obligations

  1. Physical fitness

The User certifies on his or her honor that he or she is not contraindicated in the practice of any sport. In addition, the User is strongly advised to provide the Coach with a medical certificate dated less than three months, stating without reservation that he/she is fit to follow the Sessions covered by the Order.

The User is obliged to inform the Coach of any change in his/her state of health or physical condition.

The Coach is free to consider that the User is not fit to follow the Sessions covered by the Order, which may result in the Order being modified or cancelled, or in Sessions being stopped, postponed or cancelled.

Pregnant Users must provide the Coach with a medical certificate stating that they are fit to take part in the Sessions covered by the Order.

  1. Behavior

The User undertakes to :

  • Wear clean, appropriate sportswear for each session;
  • respect the Coach's instructions during Sessions, in particular those concerning safety and hygiene;
  • be respectful, loyal and punctual;
  • behave in a way that is mindful of its own safety and that of the Coach.

In the event of disrespectful, disloyal or dangerous behavior on the part of the User, the Coach is free to consider that the User is not fit to follow the Sessions covered by the Order. If necessary, the Coach may decide to immediately suspend the Session in question. YOUCOACH may then decide, without prior notice, reimbursement or compensation, to postpone or cancel the Session, or, depending on the seriousness of the User's behavior, to modify or cancel the Order.

V - SPECIAL CASE OF GROUP SESSIONS

Individual Customers and/or Users of Group Sessions are subject to all of the present General Terms and Conditions of Sale. Only certain additions related to the nature of these Sessions are set out below:

  • Users of group Sessions must have a common sporting objective, as the purpose of these Sessions is not to meet the individual objectives of each User;
  • Users of group Sessions must agree to designate one or more referees, who will be responsible for booking Sessions with the Coach, by e-mail, telephone or SMS, and for passing on to the other Users any useful information about the Sessions: times, locations, equipment required, etc. ;
  • In addition to the cases referred to in Article VI-A of these General Terms and Conditions of Sale, YOUCOACH is free to cancel Group Sessions in the event of an insufficient number of Users, subject to 24 hours' notice by telephone or, failing that, by SMS or e-mail;
  • the Coach is free to refuse access to a User for group Sessions if the User is more than 10 (ten) minutes late. In this case, the Session is cancelled for the User, with no possibility of postponement, reimbursement or compensation.

VI - MODIFICATION, CANCELLATION AND TERMINATION OF THE ORDER

A - Delays, absences and impossibilities

The User and the Coach undertake to be punctual and to respect the places and times they have agreed together when booking the Session.

Any delay on the part of the User will result in a deduction from the Session time. If the Coach is late, the time will be deferred to the end of the Session, or to the end of the next Session.

The User is free to cancel a Session with his Coach by giving 24 (twenty-four) hours' notice by telephone, SMS or e-mail. In this case, the Session will be rescheduled. If the notice is not respected, the Session will be cancelled and considered as due.

YOUCOACH and/or the Coach are free to cancel a Session with 6 (six) hours' notice, by telephone, and failing that by SMS or e-mail, or with one hour's notice if, for an outdoor Session, the cancellation is justified by unsuitable weather conditions. A Session may also be cancelled by YOUCOACH and/or the Coach without notice, reimbursement or compensation in the event of force majeure or manifest impossibility on the part of the Coach. In such cases, the Session will be rescheduled.

If the coach is absent, the session will be postponed.

B - Termination

Except in the case of tacit renewal of the Subscription, the Customer and/or User may not cancel the Order (Package or Subscription), except in the event of force majeure or physical impossibility duly justified by a medical certificate. Where applicable, YOUCOACH undertakes to reimburse the Customer after studying with the Customer and/or User the possibility of rescheduling Sessions.

VII - LIABILITY AND INSURANCE

A - Responsibilities

YOUCOACH and the Coach accept no liability for any damage, direct or indirect, suffered by a Customer or User as a result of an Order or a Session, except in the case of proven fault on the part of the Coach or YOUCOACH. This applies in particular to any accidents or injuries that may occur during a Session.

YOUCOACH and the Coach are also not liable for any direct or indirect damage suffered by a Customer or User in the event of non-performance or improper performance by them of these General Terms and Conditions of Sale.

YOUCOACH accepts no responsibility for the coaches, who act as independent service providers.

YOUCOACH disclaims all liability for any failure of the Website due to a malfunction of the Customer's or User's Internet access, the use by the Customer or User of unsuitable equipment and software, or any external cause beyond YOUCOACH's control.

B - Insurance

All Users must hold a "Civil Liability" insurance policy, covering any damage they may cause to third parties or to themselves during Sessions.

YOUCOACH also advises its Users to take out a "bodily injury" insurance policy to cover damage to their physical integrity.

YOUCOACH holds a professional insurance policy to cover damage involving its professional liability.

Coaches also hold a professional insurance policy to cover any damage incurred as a result of their professional liability.

VIII - PRIVACY AND IMAGE RIGHTS

YOUCOACH and the Coach undertake to maintain the confidentiality of their Clients and Users. This applies to all information other than that provided on the registration form and membership form, for example relating to the personal, family or professional life of the Customer or User.

YOUCAOCH reserves the right to use the identity and image of its Customers and Users for communication purposes, subject to their express prior written consent.

IX - INTELLECTUAL PROPERTY

The "YOUCOACH" trademark has been registered with INPI under number

The "YOUCOACH" brand, logo, graphics, animations, videos and texts contained on the entire Site, documents and communication media published by YOUCOACH are its intellectual property.

These elements may not be used, reproduced, represented or adapted without the express prior written consent of YOUCOACH, under penalty of legal action.

The use of these intellectual property elements by the Customer or the User is strictly reserved for private and personal use within the framework and for the duration of the services provided by YOUCOACH. In particular, the Customer, User or any other person is prohibited from modifying, copying, reproducing, downloading, disseminating, transmitting, commercially exploiting and/or distributing and/or using in any way whatsoever any element published by YOUCOACH.

X - PRIOR CONCILIATION, JURISDICTION AND APPLICABLE LAW

In the event of a dispute relating to these General Terms and Conditions of Sale, the Order or YOUCOACH's services, the Parties agree to attempt to find an amicable solution before bringing the matter before a competent court.

Any dispute relating to these General Terms and Conditions of Sale, the Order or YOUCOACH's services, which cannot be resolved amicably, shall fall within the exclusive jurisdiction of the competent courts of Paris.

These General Terms and Conditions of Sale, the Order and YOUCOACH's services are governed by French law.

XI - DIVISIBILITY

If any provision of these General Terms and Conditions of Sale is found to be invalid, illegal or unenforceable, only that provision shall be void, and the remaining provisions shall remain in full force and effect.