Version: 05/2024
1. Subject matter of the contract, scope of the agreement
1.1 MIND SPORTS CLUB (“MINDS SC”) offers online services through https://mindsc.com (“Platform”).
1.2 The Services of MIND SC consist of
(i) the brokerage of contacts between Users (“Coaches”) who offer paid services (“Consulting Services”) and Users (“Athletes”) who wish to make use of these Consulting Services, and
(ii) the provision of means of communication for Coaches and Athletes for a digital delivery of Consulting Services (such as sports psychology consulting services or coaching).
1.3 Registration via https://mindsc.com is required in order to use the Platform. Upon registration, a confirmation email will be sent to the email address provided by the Coach. The registration is only completed with the confirmation of the registration by MIND SC. This Compensation Agreement is executed when confirming the registration. It governs the money flow between MIND SC and the Coach as well as the Commission Fees for the provision of the Platform and the brokerage of Consulting Services through MIND SC.
1.4 Coaches who are certified sports psychologists have the possibility to upload this certification via the platform. MIND SC verifies the qualification and in case of a successful verification indicates the certification in the coach’s profile.
1.5 The contact initiation between Coaches in the partner network of MIND SC and Athletes takes place within the Platform. Athletes can submit a legally binding request for a consultation appointment to the Coaches. The Consulting Service can only be provided after MIND SC has confirmed the order.
1.6 This agreement governs the compensation between MIND SC and the Coach. In addition to these Compensation Terms and Conditions, the latest version of the General Terms and Conditions (“GTC”), shall apply.
2. Remuneration, terms of payment
2.1 Consulting Services on the Platform are always subject to a fee. Athletes shall pay the price set by the Coaches on the Platform.
2.2. The Coach is responsible for the pricing and taxation of his/her consulting services on the Platform and takes into account any legal regulations. MIND SC is not responsible for any violations of legal regulations and taxation.
2.3. Payment is made by means of a payment provider directly upon booking request on the Platform, the latest within 7 days after the booking confirmation.
2.4 Coaches have the opportunity to check the credit owed to them for providing Consulting Services on the Platform. The price of the Consulting Service minus a Commission Fee (“Credit”) shall be credited to the Coach immediately after the payment has been made by the Athlete. The Credit is held at an account at the payment provider. MIND SC does not have access to this account at any time. The Coach may create a withdrawal request for the available Credit at any time, however the earliest, after the Consulting Service has been provided.
2.5 In case of a delay in payment by the Athlete, the Credit will be made available at the earliest possible time. MIND SC will not be in default of payment to the Coach.
2.6. In case of a total payment default, i.e. non-payment by the Athlete, the Coach shall not be entitled to receive any Credit.
2.7. If an Athlete does not cancel an appointment in due time, meaning not at least 24 hours before the appointment takes place, 50% of the invoice amount will be retained as a cancellation fee. After cancellation, the Credit will be adjusted accordingly: 50% of the cancellation fee will belong to the Coach. MIND SC is entitled to the remaining 50% of the cancellation fee.
2.8 The Commission Fee is 20% (net). It covers the transaction fee of the payment provider as well as a commission for the contact brokerage and the provision of the means of communication. The Commission Fee is a net fee and potentially subject to taxation.
2.9 MIND SC reserves the right to adjust the Commission Fee, especially but not exclusively in case of changes in the Payment Provider’s Transaction Fee. A change in the Commission Fee will be communicated to the Coach in writing to the email address provided. If there is no objection within 4 weeks, the new commission fees are accepted.
2.10 MIND SC reserves the right to introduce additional fees for the operation of the Platform in the future. The introduction of such a fee will be communicated to the Coach in writing to the e-mail address provided. If there is no objection within 4 weeks, the additional fees are accepted.
2.11 In case of an objection to a change of the Commission Fee according to 2.9 or the introduction of an additional fee according to 2.10, the contractual relationship shall be terminated as soon as possible.
3. Duration and termination of contract
3.1 The contractual relationship is concluded for an indefinite period.
3.2 Coaches have the right to terminate the contractual relationship with a notice period of two months. Any open and already confirmed bookings, claims or liabilities are not affected by this.
3.3. MIND SC has the right to terminate the contractual relationship with a notice period of two months. MIND SC is also entitled to terminate the contractual relationship with immediate effect for good cause. An important reason is in particular a violation of this Agreement or the GTC.
4. Miscellaneous
4.1 German law shall apply exclusively. The exclusive place of jurisdiction is, as far as legally permissible, Berlin.
4.2 Both parties agree to take reasonable measures to keep in confidence the execution, terms and conditions as well as performance of this Agreement, and the confidential data and information of any party that another party may know or access during performance of this Agreement (hereinafter referred to as “Confidential Information”), and shall not disclose, make available or assign such Confidential Information to any third party without the prior written consent of the party providing the information unless legally required. The Coach especially agrees to not disclose any information about the Remuneration that MIND SC receives for the provision of the Services.
4.3 Should individual provisions of this contract be invalid, the validity of the remainder of the contract shall not be affected.