These are the terms and conditions (the "Terms") on which Nicholas Tilling trading as RoadStarz undertakes private online and one-to-one coaching.
Please read these Terms carefully and make sure that you understand them before signing up to private online and one to one coaching. You should understand that by signing up to private coaching you agree to be bound by these Terms.
By signing up to the private online and one-to-one coaching I hereby declare that:
1. I understand that the coaching will be run under the technical regulations and guidelines of British Cycling; I hereby agree to comply with these Rules and any other rules stipulated by RoadStarz. I understand that I will not be entitled to a refund of the fee if I am asked to leave the session as a result of, or infringement of, these Terms or the Rules.
2. I understand that it is my responsibility to understand and abide by the Rules detailed in these Terms.
3. I am at least 16 years old on the date of undertaking the coaching.
4. I understand and agree that cycling is a high-risk sport and I participate in training and/or racing prescribed by the coach entirely at my own risk, that I must rely on my own ability in dealing with all circumstances, and that I must conduct myself in a manner that is safe for myself and all others when out training and/or racing.
5. I acknowledge that participation in training and/or racing prescribed can be physically strenuous and demanding. I am aware of the nature of the sport and associated medical and physical risks involved. I further certify that I am physically capable of undertaking a cycling training programme. I will only participate in the training and/or racing prescribed if I am fit enough to do so.
6. If I have any medical condition/s, including allergies, which the coach might need to be aware of, I undertake that I will notify the coach at the start of the coaching period and also should circumstances change during the time I am being coached.
7. I accept full liability and responsibility for any medical expenses incurred as a result of participating in training and/or racing prescribed by the coach.
8. I accept that RoadStarz are not liable for any injury or illness that I may suffer as a result of my participation in training and/or racing prescribed by the coach whether prior to, during or subsequent to that training session or race.
9. Whilst RoadStarz takes every care when prescribing training and/or races, I accept that I must make all reasonable precautions for the safeguarding of my person and of my property during my participation in the prescribed training and/or race. I further acknowledge that personal accident and personal items insurance is my responsibility.
10. I accept that it is my responsibility to provide and use a suitable bicycle, helmet, and visible cycle clothing when completing training sessions and/or races prescribed by the coach. Helmets must be worn in all training sessions and/or races prescribed by the coach.
11. I understand it is my responsible to decide whether the conditions to ride out on the road are safe. In particular, RoadStarz does not condone cycling in dangerous weather conditions such as snow, ice, high winds or when visibility is compromised, or on carriageways that are unsuitable for bicycles to be ridden or to undertake the training sessions prescribed. Riders are encouraged to wear bright clothing and be visible when riding out on the road at all times.
12. Notice period for terminating the coaching is 1 month from either the coach or the coached rider. Notice Period for cancellation of a one to one session is 24 hours. Cancelled sessions may be rescheduled within a 7 day period. Notice of Cancellation less than 24 hours will result in full charge for the session.
13. I irrevocably consent to my appearance in any media format, in relation to the publicity of RoadStarz, and in future publicity and advertising of one-to-one coaching.
14. RoadStarz reserves the right to vary these Terms and Conditions at any time.
15. A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
17. GDPR information is available on the RoadStarz website
Today’s Plan coach agreement
The Today’s Plan coaching Agreement (Agreement) is made and entered into by and between Today’s Plan Pty Ltd (Today’s Plan) and you. “You” means you individually or the entity that you represent. If you are entering into this Agreement for an entity, you represent and warrant to us that you have the legal authority to bind that entity, including all employees, delegates and associates to this Agreement.
By accessing or using the Today’s Plan coaching system, you acknowledge that you have read, and agree to abide by this Agreement. If you are unable to comply with the current or any future version of this Agreement, you must immediately cease all use of Today’s Plan.
You will have access to personal and sensitive user data. You have obligations regarding privacy and security of this data
You will not share any user data without their express consent
You will not transfer data into any another system, platform, application, or third party without the user’s express consent
You will not transfer any European Union user’s data outside the European Union unless in compliance with the GDPR
You are solely responsible for maintaining any relevant privacy of user data. Should a user allow you to transfer, copy or download any of their data you accept sole responsibility for maintaining the relevant privacy requirements so the the user can access, rectify and delete data held or controlled by you
You will honour any user’s request to access, rectify or delete their personal data you may hold or control. This may include, but is not limited to, data you have downloaded or exported, screenshots, and emails
Please read the entire Today’s Plan coach Agreement below as it governs your use of the Today’s Plan system.
User accounts and delegate access
Each coach, associate, athlete or user of the Today’s Plan system must maintain their own login / account. A Today’s Plan username and password should never be shared.
If a coaching company employee or associate leaves the company, their account should either be deleted or re-assigned. Any existing athlete associations should also be removed.
A Today’s Plan password should never be shared. If you require access to an athlete’s account, use the features provided within the website. You should never need an athlete’s password to access their account or information
You are solely responsible for the confidentiality of your account password. You agree to use best practice to keep your password secure, to change your password regularly and to maintain a minimal level of complexity on your password. If you believe an unauthorized person has gained access to your password, then you must notify us as soon as possible
Access to a user’s account is gained by an access request, which must be accepted by the other party. Under no circumstances should the acceptance be completed by the same party, such as by logging in with the user’s credentials
Privacy and security
You agree to use commercially reasonable and appropriate measures to maintain the security and integrity of any user data accessed via the Today’s Plan system. You are fully responsible for the security of data accessed via Today’s Plan. You agree to comply with all applicable state and federal laws and rules, which includes applicable privacy requirements such as GDPR. All user data obtained via Today’s Plan in your possession or control must be deleted by you upon a user’s request or upon the user’s termination or cancellation of the developer application subscriptions.
You agree to ensuring that any Today’s Plan data is encrypted and transmitted over a secure, encrypted channel (e.g., HTTPS). Where technically feasible, any Today’s Plan user data you hold at rest should also be encrypted. You must notify Today’s Plan of any security breach, involving data obtained via Today’s Plan, within the meaning of the GDPR, within 24 hours any such security incident
You agree to respect user’s privacy. You may use and retain data only so long as necessary for the purpose you originally obtained it. It is essential that you do not disclose data or use it for, another user or any other third party without a lawful basis
For reference, personal data means data that may be used, either alone or together with other information, to identify an individual user, including, without limitation, a user’s name, address, telephone number, username, email address, city and country, geolocation, unique identifiers, picture, or other similar information and includes personal data as defined in the GDPR
Where pursuant to Article 82(4) of the GDPR, if either party is found to be liable for the damage arising from a breach or breaches of the GDPR, in order to ensure effective compensation of a one or more individuals, then the other party shall indemnify that party for that portion of the compensation attributable to any breaches of GDPR giving rise to the compensation for which it is responsible.
This Agreement does not create or imply any partnership, agency or joint venture between the parties. For the purposes of Article 26 of the GDPR, the parties acknowledge that each party is a separate and independent controller of the personal data which it discloses or receives under this Agreement. The parties do not and will not process personal data which it discloses or receives under the Agreement as joint controllers. Each party shall be individually and separately responsible for complying with the obligations that apply to it as a controller under applicable data protection and privacy laws. It is agreed that where either party receives a request from a data subject in respect of personal data controlled by the other party, where relevant, the party receiving such request will direct the data subject to the other party, as applicable, in order to enable the other party to respond directly to the data subject’s request.