Terms & Conditions
Please note that we do not provide medical advice. When following our Exercise and Running Challenges you are doing so at your own risk, and you must take full responsibility for the effects on your body that you may experience along the way. Any guidance we may provide is no substitute for professional medical or physiotherapy advice. Always ask your GP if in doubt.
Terms of Use
The following General Terms and Conditions provide the legal framework for using the Train with Michaela and 35dayrunningchallenge websites (www.trainwithmichaela.com and/or www.35dayrunningchallenge.com) and the 7-day Exercise, 35 and 60 Day Running Challenges, provided by All About Running.
Therefore please carefully read these General Terms and Conditions.
Last revised: July 2024
1. Applicability
1.1 Contract partners and contract subject matter
These General Terms and Conditions provide the basis for the user agreement resulting between you and us, All About Running, Hillebrant Jacobsplein, 43, Den Haag, 2515 NLD (hereinafter “Us” or “We”). The contract subject matter is the free or paid use of services offered by Us on the website www.trainwithmichaela / www.35dayrunningchallenge.com.
1.2 Additional terms and conditions
We reserve the right to make your use of certain services subject to additional terms and conditions. We will notify you before using such additional terms and conditions.
2. Health Requirements
You will use the guidance in the Exercise and Running Challenges at your own risk.
Anytime you use the guidance provided in the digital courses provided by Us at All About Running, you must be in good health. If you have any known preexisting illnesses or health conditions, please first consult a physician before you begin to use the All About Running Services. This is particularly important if you suffer from any cardiovascular conditions, spinal and/or joint problems, or other health limitations that limit your athletic performance.
Please do not use the All About Running Services if, for example, you experience considerable pain, general malaise, shortness of breath, nausea, or dizziness. In such cases please consult your physician before you begin or continue to use the guidance included in the Exercise and Running Challenges.
3. Participation Requirements
To sign-up to the All About Running Services you must be at least 18 years old and have full legal capacity.
By entering into a contract with Us you represent your user account has not been suspended or canceled in the past due to violations of our Terms of Use. In such cases We will not enter into another or new user agreement with you. You also represent that all information provided by you during the registration process is true and complete.
4. Conclusion of Contract, User Account
4.1 Registration process
To use the All About Running Services, you must first register and open a user account. You can register and open a user account online at www.trainwithmichaela / www.35dayrunningchallenge.com. When you register for a Challenge We will ask you to accept these General Terms and Conditions and our Data Privacy Policy.
How a user agreement will be concluded depends on how you first register and whether you sign up for any additional, paid services.
4.2 Registration online at www.trainwithmichaela.com / www.35dayrunningchallenge.com
If you register on our website www.trainwithmichaela.com / www.35dayrunningchallenge.com, a user agreement between you and Us will result after you have completed the registration process.
4.3 Conclusion of contract for paid subscription
You can activate additional services by purchasing additional products. If you purchase additional services on our website www.trainwithmichaela.com / www.35dayrunningchallenge.com, a binding contract will result when you click on the “Buy Now” button or a comparable button and you have successfully entered your payment information.
5. Contract Terms
5.1 User agreement
The user agreement between you and Us that results when you sign-up and open a user account will remain in effect for the duration of the course.
6. Right of revocation
In some countries you have a legal right of revocation. This is the case, for example, in all countries of the European Union. You can find out whether you have a legal right of revocation by referring to local guidance. Please refer to those terms of use to find out to what extent you have such rights.
If you have a legal right of revocation, please read the following information about how you can exercise this right and what revocation will mean for you.
6.1 Information about revocation
If you have a legal right of revocation, this right will come into existence as soon as you enter into a user agreement or subscription agreement with us.
You may revoke the contract within 48 hours of the contract date for any or no reason, in which case the contract will be unwound.
To exercise your right of revocation, you must clearly notify Us by e-mail that you no longer wish to be bound by the contract. Any clear notice will suffice. If you exercise this option, We will confirm receipt of your notice of revocation (e.g., by e-mail). Your notice of revocation will be timely as long as you send it before the revocation period has expired. Please address any notice of revocation to the following address:
6.2 Consequences of revocation
If you revoke the contract, the contract will be unwound. You will receive a refund for any payments you have already made for the revoked contract. We will issue the refund at the latest 14 days after We receive your notice of revocation. The refund will be made by the same method you used for the original transaction, unless We expressly agree otherwise with you.
If you have requested that services begin during the notice period for revocation, you must compensate Us in a reasonable amount for any services you have already received. This will be a prorated amount of the total amount due for the booked service, based on the time period from the start date of service until the date you provide Us with notice of revocation.
6.3 Standard form for notice of revocation
You may use the following form for your notice of revocation.
Please be sure to always tell Us which All About Running service you wish to revoke. You can simply send Us an e-mail to:
You can copy and paste into an e-mail or print out the following text for your notice of revocation:
I/We () hereby revoke the contract for the purchase of the following product ()/the following service () made by me/us():
Ordered/received on (*)
Name of consumer (…)
Address of consumer (…)
Signature of consumer (…)
Date
(*) please delete inapplicable alternative
Termination
7.1 User agreement
You may cancel your user account at any time for any or no reason and thereby also terminate your user agreement in its entirety.
To do so, you must send Us an e-mail to Customer Support, so that We can erase your user data. Please note that after your user account has been canceled all content and workout performance data will or may be erased by Us and you will no longer have access to content you have already purchased.
If at the time you cancel your account you still have a valid subscription, any amount you may already have paid for the subscription will not be refunded – either in whole or in part.
We have the right to terminate the user agreement for any or no reason in text form with 48 hours prior notice, however not before the end of the minimum contract term or the end of the applicable renewal term of your subscription.
7.2 Termination for good cause
Irrespective of the foregoing provisions, either party has the right to terminate contracts for good cause. In particular, We have the right to terminate the user agreement or your subscription with immediate effect and to cancel your user account if you have seriously or repeatedly breached provisions of the user agreement and/or these General Terms and Conditions or if you are behind with payment despite demand.
8. All About Running Services
We strive to provide you with uninterrupted operation of the All About Running services and to make those services available as continuously as possible. We advise you however that full or uninterrupted availability is technically impossible, and We make no warranty for uninterrupted operation or any particular availability.
Our applications are continuously updated and adjusted for your security and for the stability of our applications. As a result, system requirements may change. We assume no obligation to make available to you any application that will be functional on your terminal device at all times, if functionality on your terminal device should be limited by technological changes.
Our understanding of human health and athletic performance is evolving on a continuous basis. This may affect how workouts are evaluated. Even though our workouts are based on current studies and findings, We make no guarantee that our workouts are in conformity with current research results or findings.
Please note that you may need certain tools or workout equipment to be able to fully use some All About Running services. Such tools or equipment are not part of the All About Running Services and, if needed, must be purchased separately by you at your own cost.
9. Rights and Obligations of the User
The All About Running Services are offered exclusively to consumers. This means you may not use the All About Running Services for business or other commercial purposes.
You may not allow any third parties to use your user account, and you are not permitted to
allow any third parties to access or perceive the All About Running services, e.g., an undefined group of people by using the services in a public area (e.g. movie theaters, theaters, exhibitions, showrooms, hotels, bars, restaurants, or other public areas); make accessible or transfer to any third parties access data transmitted or used for authentication or identification purposes; circumvent any access control systems for paid services or take any other action to use services without authorisation; introduce into our IT systems any viruses, worms, Trojan horses, or other malware that may jeopardise or impair the functionality of the All About Running services; or transfer or assign any rights or obligations under your contract with Us to any third parties.
To guarantee smooth communication with you, We ask that you include our e-mail address in the list of trusted senders at your email provider.
Prices and Payment Terms
10.1 Prices
Our prices are listed in Euros (€'s). Currency conversions are for guidance only. Conversion rates are provided by XE, based on the € Euro exchange rate and do not include any fees charged by your bank in relation to a foreign exchange purchase.
Please check the website www.trainwithmichaela.com / www.35dayrunningchallenge.com for current prices and for available services. All quoted prices are inclusive of applicable value-added tax.
We reserve the right to change prices at our sole discretion.
10.2 Collection of fees
Fees for a subscription are collected in advance for the applicable minimum contract term.
10.3 Payment methods
If you book paid All About Running Services on our website www.trainwithmichaela.com / www.35dayrunningchallenge.com, you will be shown a list of currently accepted payment methods during the ordering process from which you may choose. If payment is declined for reasons for which you are responsible (e.g., because the amount paid is not covered by funds in your account or because the limit of your credit card has been exhausted), We have the right to charge you for any costs and/or expenses actually incurred by Us as a result.
We reserve the right not to offer certain payment methods and to refer you to other payment methods if there is a valid reason for doing so.
10.4 Payment default
We reserve the right to pursue additional remedies that may be available to Us as a result of your payment default.
10.5 Coupon codes & promotions
To redeem your coupon either (a) apply the code to your order in your cart or (b) your code may be applied automatically in the cart. Any coupon code can not be applied to past orders retroactively, can not be used in conjunction with other discounts or coupon codes and may only be applied to one order. We may at our absolute discretion restrict who may enter into promotions for any reason.
10.6 Gift Cards
Gift cards are delivered to the chosen recipient's email address, for the amount specified upon purchase. The unique gift card code can then be applied at checkout. Do not share the unique code with anyone other than the intended recipient; the gift card code can only be used once. It is recommended that you buy a gift card for the amount of the product or service that you wish to purchase.
Gift cards are valid for 24 months from date of purchase. For any questions relating to egift cards, please email: info@trainwithmichaela.com
Responsibility for Content and Services
11.1 No responsibility for third-party content or services
The All About Running Services may include links to websites or apps of third-party providers. In some cases, content made available by third parties may be shown or the All About Running services may enable you to use additional services of third parties. We strive to design our applications in such a way that this will be readily apparent to you. All content and/or services of third-party providers are subject to the applicable terms, conditions, and rules of such third-party providers. We hereby expressly disclaim any responsibility or liability for content or services of third parties. You are personally responsible for making sure that you do not violate the terms and conditions of such third-party providers.
11.2 No responsibility for user-generated content
You are personally responsible for all content you upload using the All About Running services. We do not endorse or review such content.
11.3 Responsibility of the user for violations of law
When posting or making available your own content, you must comply with all applicable laws and other regulations that are applicable in the country in which you are using our All About Running services. Whether or not prohibited by criminal law, you are generally prohibited from making available content of a pornographic, sexual, violent, racist, inflammatory, discriminatory, offensive and/or defamatory nature.
In addition, it is your responsibility to make sure that you infringe no third-party rights, including, without limitation, privacy or publicity rights of third parties and intellectual property rights of third parties (e.g., copyrights, trademark rights, etc.). In this connection, We advise you that you must also, and in particular, own the necessary rights to your profile image and to any other photos you upload.
We may at any time remove and erase any content that is unlawful or violates the aforementioned principles. If you violate the aforementioned principles, We also have the right to send you a warning that We will suspend your user account or terminate the user agreement for good cause in its entirety in accordance with Section 7.2.
11.4 Indemnity
In the event that you have wrongfully (negligently or intentionally) violated any of the principles in Section 11.3, you are obligated to indemnify Us from and against any claims of third parties that may be brought as a result of such violations. We further reserve the right to claim damages and to pursue other remedies.
12. No warranties
12.1 By accepting these Terms, You agree and understand that We provide digital products and motivational fitness services only and guarantee no specific results. You acknowledge that We make no promise or representation that You will achieve your fitness goals, as a result of using these Services.
As with any course, Your results will vary and will be based on your personal abilities, experience, commitment, level of desire, and an infinite number of variables beyond Our control, including some variables that neither We nor You may have anticipated. There are no guarantees concerning the level of success You may experience. Each person’s results will vary.
Fitness guidance and advice changes all the time. The use of our information, products and services should be based on your own due diligence and you agree that we are not liable for your success or failure.
In accepting these Terms, You acknowledge that You take full responsibility for your own success.
You hereby acknowledge that use of the services and products are at your own risk.
13. Liability and indemnification
13.1 General provisions
Unless otherwise explicitly stated or agreed with Users, the Owner’s liability for damages in connection with the execution of the Agreement shall be excluded, limited and/or reduced to the maximum extent permitted by applicable law.
13.2 Indemnification
The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand — including but not limited to lawyer's fees and costs — made by any third party due to or in relation with any culpable violation of these Terms, third-party rights or statutory provisions connected to the use of the Service by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law.
13.3 Limitation of liability
In case of All About Running services, our liability, whatever the legal basis, is limited exclusively to damages resulting from intentional or grossly negligent actions or omissions. In all other cases any liability on our part is excluded.
If We breach any material contractual obligations due to ordinary negligence, our liability is limited to reasonably foreseeable damages at the moment the contract was entered into. A contractual obligation is material within the meaning of the foregoing sentence if its performance is necessary for achieving contractual purposes and if you, the consumer, may reasonably rely on its performance.
If you use any tools or equipment for exercises, you are fully responsible for making sure that such tools and/or equipment work properly and are installed and/or set up properly.
You are obligated to heed our health notices in Section 2.
13.4 Liability of our employees
The above limitations of liability also apply for the benefit of our employees and agents.
14. Licensed Rights
14.1 All About Running content
The products offered by Us in some cases include copyright protected or otherwise protected content to which We own the necessary rights.
To the extent necessary for achieving the contractual purpose, We hereby license to you a non-exclusive, non-transferable right to use such protected content for non-commercial purposes in accordance with the terms of the contract. Note that you are prohibited from disseminating or making such content publicly available, e.g. on websites. The 7-day Exercise Challenges, 35 Day Running Challenge, the 60 Day Running Challenge nor the content may be leased or otherwise transferred to any third parties by you. You may not decompile, alter, or edit the All About Running services except as permitted by law.
Licensed rights will lapse if and when you no longer have access to the relevant service (e.g., after your subscription has been terminated) or when the user agreement has ended. In the event of any violation of these provisions, We will have the right to terminate the agreement for good cause without notice in accordance with Section 7.2.
14.2 Content uploaded by user
To ensure that the All About Running services will at all times be fully operational, We need to be able to use, at any time, at any place, and without limitation, all content uploaded by the user. You therefore hereby license to us, throughout the world, in perpetuity and without limitation, non-exclusive rights to all protected content that is uploaded by you. We may sublicense these rights to third parties, which shall include, without limitation, the rights to reproduce, disseminate (by wirebound or wireless means), make available or communicate to the public, and edit protected content (for example, by changing the image resolution or image size for technical reasons). You further hereby license to Us the right to make all content uploaded by you also available to other users, provided that this is done within the scope of the contractual purpose (for example, by reporting your copyright protected messages to the coach or other users).
15. Personal data
We will process your personal data in compliance with our Privacy Policy. You will find the most recent version of our Privacy Policy at www.trainwithmichaela.com. The Privacy Policy regulates and discloses, in particular, to what extent your personal data will be viewable by other users and what options you have to control transfers of your personal data. In addition, We will inform you in detail how and where We process or cause third parties to process your personal data. By entering into the user agreement with Us you expressly consent to the foregoing provisions. Your legal rights of revocation remain unaffected.
16. Changes to General Terms and Conditions
We reserve the right to make changes to these General Terms and Conditions with effect for the future. We will notify you of any changes to our General Terms and Conditions at the latest four weeks before the planned effective date of the new version. You will have the opportunity to object to changes within the aforementioned four-week period. If you continue to use our All About Running services without objection, you will be deemed to have accepted the new General Terms and Conditions. If you do object to changes, We hereby expressly reserve our right to terminate the agreement by regular notice during its proper term. If and when We make changes to the General Terms and Conditions, We will once again advise you of your right to object, the time period within which the right of objection must be exercised, and the legal consequences of such objection.
17. Final Provisions
17.1 Official contract language
The official contract language is English.
17.2 Governing substantive law
All dealings between the parties are governed exclusively by Dutch law. Business transactions with consumers residing in the European Union may also be subject to the law that is applicable at the place of the consumer’s residence, if and to the extent that mandatory consumer protection provisions are involved.
17.3 Severability
If any provisions of these General Terms and Conditions should be or become invalid in whole or in part, the validity of the remaining provisions will remain unaffected thereby. The foregoing provisions apply, mutatis mutandis, if any provisions should have been inadvertently omitted from these General Terms and Conditions.
18. Downloading and Review Options
You may review and print out these General Terms and Conditions at any time at www.trainwithmichaela.com. Additional information regarding your user agreement and your subscription are available upon request, by emailing info@trainwithmichaela.com. In the alternative, you may also print out or download the automated order confirmation you received after placing the order.
19. Information about Provider
All About Running
Hillebrant Jacobsplein, 43
Den Haag, 2515XS
E-Mail: info@trainwithmichaela.com
Recorded in the Commercial Register (Kamer van Koophandel) under number 92029515
VAT ID No.: NL004932408B63
20. Dispute Resolution
The European Commission makes available a platform for online dispute resolution (ODR platform). You can access the ODR platform at www.ec.europa.eu/consumers/odr.
We have no obligation to participate in any mediation proceedings before any consumer mediation board (ADR) or in any online dispute resolution of the EU (ODR), nor do We intend to do so.
