- All references to “you” or “your” refer to you and any individual or entity on behalf of which you use the Services.
The following terms and conditions (the “Agreement” or the “Terms”) represent the legal agreement between you and Student-Athlete.co, LLC (“Student-Athlete.co”, “Company”, “we”, “us”, or “our”) with regard to your use of the website located at www.student-athlete.co (the “Website”) and with regard to the provision of personal training services (the “Services”). Furthermore, by accessing the website or submitting user content (as defined below), you agree to the terms and conditions contained in this agreement. If you do not accept the terms and conditions of this agreement, do not use, access, or submit content to the website.
We may modify this Agreement at any time. All changes to the Agreement will be posted on this page and are effective as of the date they are posted. Accordingly, you should periodically visit this page to review the terms of this Agreement. Your use of the Services after a modification to this Agreement constitutes your acceptance of and agreement to the terms of this Agreement, as modified.
You should also review our Privacy Policy, the terms of which are incorporated herein by reference and made a part of this Agreement.
In accordance with NCAA Bylaw 12.4.2.1 [full 2021-2022 bylaws are available here], a student-athlete may receive compensation for teaching or coaching sport skills or techniques in his or her sport on a fee-for-lesson basis, provided:
a) Institutional facilities are not used;
b) Playing lessons shall not be permitted;
c) The institution obtains and keeps on file documentation of the recipient of the lesson(s) and the fee for the lesson(s) provided during any time of the year
d) The compensation is paid by the lesson recipient (or the recipient’s family) and not another individual or entity;
e) Instruction to each individual is comparable to the instruction that would be provided during a private lesson when the instruction involves more than one individual at a time;
f) Other aspects of this bylaw have been updated to support the recent NIL changes, please see NIL guidelines here.
1. RESTRICTIONS, RIGHTS AND OBLIGATIONS OF PARENTS, TRAINEES, STUDENT-ATHLETES, AND STUDENT-ATHLETE.CO
● Parents and Trainees
○ Only a parent or individual 18 years or older may request lessons.
○ Trainees 13 years or younger must have a parent or guardian over 18 years old in attendance at all times during the lesson. If a parent is unable to accompany a child 13 years or younger for the entirety of their training session, the Student-Athlete may elect not to conduct the training session or to end their training session at their discretion. In that circumstance, the parent and trainee will be charged for the lesson according to the cancellation policy below.
○ Trainees must be at least 6 years old to participate in a lesson.
○ If a lesson time, date, and location has been agreed upon by the parent and Student-Athlete, and the trainee fails to show up on time, the Student-Athlete is permitted to leave after 15 minutes and the lesson price will be paid in full.
○ After a session has been marked as complete by the Student-Athlete, the payment will be processed and scheduled for a weekly payout. If the session did not actually occur, then you will have 3 business days to email support@studentathlete.co to dispute the payment.
○ Parents are not permitted to bring additional trainees to participate in the session unless it has been explicitly approved by Student-Athlete.co and the Student-Athlete.
● Student-Athletes
○ Student-athletes are independent contractors and are identified as such through a W-9 completed with Studen-Athlete.co. If a W-9 has not been completed, student-athletes can be held liable for any damages.
○ Student-Athlete.co may apply varying rates for its services in different markets; however, for both one-on-one training and group sessions, the company charges a standard fee of $55 per hour to customers. Student-Athlete.co charges a rate consistent with current market pricing scale. However, Student-Athlete.co reserves the right to change the one-on-one and group-training rates at its discretion and without prior notice. See “PAYMENT, REFUNDS, FEES, AND CANCELLATIONS” section for additional details.
○ Student-Athlete agrees not to accept any tips or compensation beyond the uniform hourly lesson fee, whether in cash or other form.
○ Student-Athletes agree not to message clients outside of the messaging platform Student-Athlete.co provides to connect customers and Student-Athletes as a part of the Services. Doing so is potentially a violation of NCAA bylaws and may threaten student-athlete eligibility.
○ Student-Athletes may not conduct a lesson at any NCAA member university facility, including any university-owned student recreational fields, courts, or facilities.
○ Student-Athletes are responsible for all tax forms related to income earned through training with Student-Athlete.co
○ Student-Athletes must be citizens of the United States to train and be compensated in the U.S.
○ Student-athletes are encouraged to notify their athletics department and Student-Athlete.co of any potential NIL opportunities that are introduced through their interactions with Student-Athlete.co clients and partner companies.
○ An NIL agreement between a SA and a booster/NIL entity may not be guaranteed or promised contingent on initial or continuing enrollment at a particular institution.
○ NIL agreements must be based on an independent, case-by-case analysis of the value that each athlete brings to a NIL agreement as opposed to providing compensation or incentives for enrollment decisions (e.g., signing a letter of intent or transferring), athletic performance (e.g., points scored, minutes played, winning a contest), achievement (e.g., starting position, award winner) or membership on a team. For more answers on NIL, please visit here.
● In General
○ A Student-Athlete’s name may be established only once the parent has been directly connected to the Student-Athlete.
○ We reserve the right to remove Student-Athletes from the platform for any reason. We reserve the right to withhold reinstatement until the student-athlete has undergone evaluation to ensure that future training services will be to customers’ satisfaction.
○ We reserve the right to edit student-athlete Student-Athlete profiles to ensure that they comply with NCAA bylaw 12.4.2.1.
○ We reserve the right to edit student-athlete Student-Athlete profiles to ensure that they comply with NCAA NIL Interim Policy.
○ Currently, we do not permit training in golf, skiing, rifle, and pole vault.
2. PAYMENT, REFUNDS, FEES, AND CANCELLATIONS
● All lesson payments will be processed after the lesson has taken place.
● Because payments are only processed after the completion of a lesson, no refunds are available. However, we retain sole discretion to grant full or partial refunds or credits due to extenuating circumstances or to correct any errors made by us.
The standard rate for student-athletes coaching is paid as follows: freshman $35 /hr. sophomore $40 /hr. junior $45 /hr. senior $50 /hr. However, markets may vary resulting in a different rate for a student-athlete. If there’s a difference in the market, Student-Athlete.co will inform all relevant athletes prior to their initial session.
● Regarding direct bookings, Student-Athlete.co retains a percentage of each session that is coordinated for a student-athlete. Session rates for student-athletes are established by the athlete’s current year in school, not in competition (ex redshirt). Parents are charged a flat rate of $55 on non-sponsored sessions, Student-athletes are then paid as
follows: freshman $35 /hr, sophomore $40 /hr, junior $45 /hr, senior $50 /hr. Student-Athlete.co retains the remainder of the $55 charged.
OWNERSHIP
Student-Athlete.co owns all information, text, reports, data, databases, graphics, images, sound recordings, audio and visual clips, photographs, programs, applications, software, and other content (except User Content, defined below) contained in the Services, as well as the collection, design, selection and arrangement thereof (collectively, the “Company Material”). The names, marks, and logos appearing on the Services (collectively, the “Trademarks”) are owned by or licensed to Student-Athlete.co and are used by Student-Athlete.co with permission of the owner. The Trademarks and Company Material are protected by trademark, copyright, and other intellectual property laws. Student-Athlete.co requires you to respect all intellectual property rights that we have or may have in and to the Company Material and in the Trademarks.
3. LICENSE
Student-Athlete.co hereby grants you a limited, non-exclusive, revocable, non-transferable license to view and use the Services in accordance with the terms of this Agreement. You may view, print, or save copies of Company Material as required to use the Services. This license is contingent upon your full compliance with the terms and conditions of this Agreement. You agree to retain all proprietary notices on any copy you make of Company Material. This license does not give you any ownership or other intellectual property right, title or interest in any Company Material or the Trademarks.
Other than as required to facilitate your permissible use of any Services, you may not reproduce, perform, publicly display, create derivative works of, republish, upload, post, retransmit or redistribute in any way whatsoever any Company Material. Any reproduction, publication, distribution, assignment, sublicense, sale, or other uses of the Company Material for any purpose not expressly permitted by this Agreement without written permission from Student-Athlete.co is strictly prohibited.
All rights not expressly granted to you under this Agreement are reserved by Student-Athlete.co. 4. PERSONAL INFORMATION
You may be required to submit information such as your name, physical address, e-mail address, home and mobile telephone numbers, or birth date (“Personal Information”) to use the Services. Your Personal Information will be handled in accordance with our Privacy Policy. By consenting to this Agreement, you acknowledge that you have read and understand the Privacy Policy.
5. ACCOUNT INFORMATION
You must create an account in order to use the Services and view relevant information. You must provide certain Personal Information, including information about trainees including their name and sport, to register for an account. You must create a unique username and password that enables you to access your account. You may also access the Services by logging in to your account for a select third-party service. You agree not to disclose your account details, including your username and password, to anyone else and
that you will be solely responsible for any activities or actions taken under your account, whether or not authorized by you. You agree to use a strong password to protect your account from unauthorized use. You agree that you will notify Student-Athlete.co immediately of any unauthorized use of your account. YOU MUST BE 18 YEARS OR OLDER TO CREATE OR USE AN ACCOUNT.
Student-Athlete.co is not liable for any loss or damage from your failure to comply with these requirements. If you use a third-party service to access your account, you also acknowledge that Student-Athlete.co is not liable for any loss or damage that results from compromised security flowing from that third-party service. You agree that the information you provide Student-Athlete.co will be true, accurate, current and complete at all times. By creating an account, you consent to the use of electronic means to review and accept this Agreement and to provide you with any notices given pursuant to this Agreement or as required under applicable law. We reserve the right to remove information from your account and to remove your account from Services at our discretion, for any reason, and without notice.
6. USER CONTENT
By uploading or submitting any information or media (“User Content”) to Student-Athlete.co through your use of the Services, you represent and warrant that you are the original author, owner, or authorized licensee of such User Content and all rights thereto, and that you have the right to upload or submit the User Content. As a user of the Website, you are responsible for any User Content or communications you submit to the Website and are responsible for any consequences resulting from such User Content or communications. Therefore, you agree not to do any of the following: (i) transmit to us material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to send it; (ii) send material that reveals trade secrets, unless you own them or have the permission of the owner to reveal them; or (iii) send any material that infringes on any intellectual property rights of others or on the privacy, publicity or any other rights of others.
Student-Athlete.co does not claim any ownership rights in the User Content that you display or transmit on the Website or through Student-Athlete.co’s Services. By submitting User Content on the Website or through the Services, you hereby grant Student-Athlete.co a non-exclusive, worldwide, perpetual, irrevocable, sublicensable, royalty-free right and license to use, copy, modify, transmit, publish, display, and perform, the User Content to enable Student-Athlete.co to provide the Services. This license does not grant Student-Athlete.co the right to sell or license Your Content, nor does the license grant Student-Athlete.co the right to distribute User Content outside of Student-Athlete.co Services. Student-Athlete.co reserves the right to refuse or remove any User Content at any time in its sole discretion.
7. COMMUNICATIONS WITH YOU
Student-Athlete.co may communicate with you via email regarding your use of the Site or the Company Material or your submission of User Content. Student-Athlete.co and any of its affiliates, employees, officers, or Student-Athletes may also communicate with you through the messaging platform provided through the Services. You agree to receive written communications from Student-Athlete.co or its designees that are necessary for the normal functioning of the Website or in connection with the Services and to promptly comply with any and all such written communications.
8. PERMITTED USES OF WEBSITE
The Website provides both general information concerning our business and services and provides a web-based portal for you to submit information to us. As a condition of your use of the Website, you agree that:
● You are an individual person or an authorized person at least 18 years of age; ● You will not transmit to the Website material that is copyrighted unless you are the copyright owner or have the permission of the copyright owner to send it;
● You will not send material that reveals trade secrets, unless you own them or have the permission of the owner to reveal them;
● You will not send material that infringes on any intellectual property rights of others or on the privacy, publicity or other rights of others;
● You will not alter, remove, or otherwise hinder the delivery of any copyright, disclaimer, or other proprietary notice appearing on the Website or on any of the Company Materials; ● You will not send material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing or that otherwise violates any applicable law to another person or entity; ● You will not send sexually-explicit images;
● You will not impersonate another person or entity;
● You will not post, upload or share any content or information that is false, inaccurate or misleading;
● You will not post, upload or share any content or information that contains any virus, worm, malware or other potentially damaging programs or data; and
● You will not use the Services in a manner inconsistent with any applicable laws and regulations.
You agree that disputes arising from an alleged violation of intellectual property rights will result in Student-Athlete.co suffering irreparable harm and that, in the event of such a dispute, Student-Athlete.co and/or its affiliates may obtain a restraining order, preliminary injunctive relief, an injunction, specific performance or other equitable relief and/or legal remedies and you hereby consent to Student-Athlete.co obtaining any such relief without the requirement to post a bond or other security.
Student-Athlete.co reserves the right to investigate and take appropriate legal action against anyone who, in Student-Athlete.co’s sole discretion, violates this Agreement, including without limitation, reporting such violations to law enforcement authorities.
9. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE
Student-Athlete.co is under no obligation to, and does not, scan third party content used in connection with the Services for the inclusion of illegal or impermissible content. However, Student-Athlete.co respects the copyright interests of others and, as a policy, does not knowingly permit content that infringes another party’s copyright. It is Student-Athlete.co’s intention to fully comply with the DMCA, including the notice and “take down” provisions and to benefit from the safe harbors immunizing it from liability to the fullest extent provided by law.
If you believe any content on the Services infringe a copyright, you agree to provide Student-Athlete.co with written notice that at a minimum contains:
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Student-Athlete.co to locate the material;
• Information reasonably sufficient to permit Student-Athlete.co to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to Student-Athlete.co’ designated agent as follows: Jermaine Malcolm
Student-Athlete.co, LLC.
605 Austin Ave
Waco, TX 76701
210-725-6656
10. TERMINATION
Student-Athlete.co may at any time, in its sole discretion, terminate this Agreement by discontinuing operation of the Services. Student-Athlete.co reserves the right to terminate you as a user and prevent you from accessing the Website at any time and for any reason, including but not limited to your violation of this Agreement or the law. The violation of any of the terms and conditions set forth in this Agreement may result in the immediate termination of your right and license to use the Company Material and obligates you to immediately destroy any copies of the Company Material in your possession.
11. DISCLAIMER OF WARRANTIES
THE SERVICES, THE WEBSITE AND THE COMPANY MATERIAL ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. STUDENT-ATHLETE.CO, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
You expressly agree that use of the Website is at your sole risk. Neither Student-Athlete.co, nor any of its employees or agents or any of their officers, directors, employees or agents, warrant that use of the Website will be uninterrupted or error free; nor do they make any warranty as to (i) the results that may be obtained from use of the Website or relying on the Company Materials and Services, (ii) the accuracy,
completeness, timeliness, legality, reliability or content of any information or service offered through the Website, (iii) any opinion, information, advice or statement expressed by Student-Athlete.co on the Services, (iv) the quality of any products, services, information, or other material that you obtain from the Services will meet your expectations, (v) that the Services will operate uninterrupted and error-free, or (vi) the files available for downloading from the Website, if any, will be free from infection, viruses, worms, Trojan horses, or other code that manifest contaminating or destructive properties.
12. LIMITATION OF LIABILITY
YOUR USE OF THE SERVICES, THE WEBSITE AND THE COMPANY MATERIAL IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, STUDENT-ATHLETE.CO SHALL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOSS OF DATA, LOST PROFITS OR ANY OTHER SIMILAR DAMAGES IN ANY WAY ARISING FROM OR RELATING TO YOUR RELIANCE UPON, OR YOUR USE OF OR INABILITY TO USE THE SERVICES OR THE WEBSITE OR COMPANY MATERIAL OR ANY USER CONTENT, INCLUDING ANY INJURIES THAT MAY ARISE DUE TO ACTS OF GROSS NEGLIGENCE BY A TRAINER, WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT STUDENT-ATHLETE.CO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL STUDENT-ATHLETE.CO OR ITS PARENT, SUBSIDIARIES, OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES, OR AGENTS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY NATURE, INCLUDING PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE, RESULTING FROM YOUR USE OF THE SERVICES, THE WEBSITE OR COMPANY MATERIAL OR FROM ANY USER CONTENT SUBMITTED VIA THE WEBSITE OR OTHERWISE IN CONNECTION WITH THE SERVICES. STUDENT-ATHLETE.CO SHALL NOT BE RESPONSIBLE FOR ANY COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, THE SERVICING OR REPLACING OF EQUIPMENT, RESULTING FROM YOUR USE OF THE WEBSITE OR THE SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT YOU PARTICIPATE IN THE SERVICES, INCLUDING BUT NOT LIMITED TO TRAINER PRESCRIBED EXERCISES AND THE USE OF ANY PROVIDED EQUIPMENT, AT YOUR OWN RISK. YOU VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY INJURY OR ACCIDENT THAT MAY OCCUR TO YOU IN THE PROCESS OF YOUR USE OF SERVICES. YOU NOW AND FOREVER RELEASE AND DISCHARGE STUDENT-ATHLETE.CO AND ALL ASSOCIATED BUSINESSES, ITS OWNERS, EMPLOYEES, INDEPENDENT-CONTRACTOR-TRAINERS, AND AGENTS, FROM ANY AND ALL CLAIMS, DEMANDS, RIGHTS OF ACTION, OR CAUSES OF ACTION, PRESENT OR FUTURE, WHETHER THE SAME BE KNOWN, ANTICIPATED OR UNANTICIPATED, RESULTING FROM, ARISING OUT OF OR INCIDENT TO YOUR USE OF SERVICES.
STUDENT-ATHLETE.CO ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY LOST DATA, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER COMMUNICATION. STUDENT-ATHLETE.CO IS NOT RESPONSIBLE OR LIABLE FOR ANY PROBLEMS OR
TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, MOBILE DEVICES, SOFTWARE, OR FAILURE OF EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET, INCLUDING INJURY OR DAMAGE TO ANY COMPUTER OR MOBILE DEVICE RELATED TO OR RESULTING FROM USE OF THE WEBSITE OR THE SERVICES.
PRIOR TO PARTICIPATING IN ANY FITNESS ACTIVITY THROUGH THE SERVICES, YOU SHOULD SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROFESSIONAL. YOU AGREE TO PARTICIPATE AT YOUR OWN RISK, AND THE STUDENT-ATHLETE.CO IS NOT LIABLE FOR ANY INJURIES OR OTHER HEALTH OR MEDICAL PROBLEMS THAT MAY RESULT FROM YOUR PARTICIPATION IN A CLASS RESERVED THROUGH THE SERVICE. THE STUDENT-ATHLETE.CO MAKES NO PROMISES AND DISCLAIMS ALL LIABILITY OF SPECIFIC RESULTS FROM THE USE OF THE SERVICE OR THE PERSONAL TRAINING SERVICES YOU OBTAIN THROUGH THE SERVICE.
13. MEDICAL RECOMMENDATIONS
You should consult with your physical or have a physical examination before using any fitness equipment or program, especially if you are unaccustomed to physical exertion, have physical limitations or any other chronic illness.
14. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Student-Athlete.co, its parent, subsidiaries and affiliates, and their respective officers, directors, employees, and agents from and against any action, claim, demand, damages, loss, costs or expenses (including but not limited to attorneys’ fees and court costs) arising out of: (i) your use of the Website, the Services or the Company Material; (ii) your submission of User Content, (iii) any conduct by you that violates the terms of this Agreement; and (iv) your infringement of the intellectual property rights of third parties.
15. THIRD PARTY WEBSITES
The Services may contain links to third party websites. Student-Athlete.co is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Student-Athlete.co. Inclusion of any linked third party website on the Services does not imply approval or endorsement by Student-Athlete.co. When you access these third party websites, you do so at your own risk and become subject to the terms of use and privacy policies of those third party websites.
16. COMPLIANCE WITH LAWS
You agree to comply with all applicable local, state, national and international laws, rules and regulations, including without limitation, laws governing online conduct and the unlawful export of software or technical data to restricted individuals or countries.
17. ADDITIONAL TERMS
Occasionally, Student-Athlete.co may notify you of additional terms and conditions that you are required to accept in order to receive certain services offered on or through the Services (the “Additional Terms”), which will be posted in specific areas and require reading and acceptance. The Additional Terms are incorporated herein by reference and made a part of this Agreement.
18. GENERAL PROVISIONS
This Agreement is governed by the laws of the Commonwealth of Virginia, without regard to its conflict of laws principles. You agree to submit to the jurisdiction of the courts in Charlottesville, VA, U.S.A., with respect to any dispute, disagreement, or cause of action related to the Services.
Student-Athlete.co’s failure to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it or any other provision at a later time.
Student-Athlete.co may, at any time, in its sole discretion, and without notice to you, assign some or all of its rights and obligations under this Agreement. You may not assign your rights or delegate your duties under this Agreement without the prior written consent of Student-Athlete.co.
If any provision of this Agreement is held invalid, illegal or unenforceable for any reason, such invalidity, illegality or unenforceability shall be deleted and shall not affect any other provision of this Agreement.
Except as expressly provided elsewhere in respect of the Services, this Agreement constitutes the entire agreement between you and Student-Athlete.co with respect to your use of the Services and the Website.
19. CONTACT US
All feedback, comments, requests for technical support and other communications relating to our Website or App are welcome. Please address these communications to support@studentathlete.co.
