Coach Agreement

About this agreement

This Coach Agreement is between you and BUILT BY MILO, LLC, a Florida limited liability company, which runs Built By Milo ("MILO", "we"). It applies when you create or coach in a channel, in addition to the Terms of Use. If the two differ, this agreement wins for your coaching.

You confirm you are at least 18. If you accept for a business, you confirm you can bind that business, and "you" means the business too.

Your channel and our platform

MILO gives you software to build programs, assign them, see your athletes' training and, if you choose, charge for coaching. You are an independent business, not MILO's employee, agent or partner. You decide what you coach, how, who, and what you charge. MILO doesn't supervise your coaching.

We may change or improve features. If we remove something you rely on, we'll give you reasonable notice.

Your responsibilities as a coach

• Coach within your qualifications and any licence or certification you hold. Don't claim qualifications you don't have.
• Write programs suited to each athlete's age, experience and health, and progress them safely.
• Follow the law and the rules of any school, team, league or facility you coach for, including background check and safeguarding requirements for working with minors.
• With athletes under 18, keep communication professional and about training. Use MILO's channel, or include the athlete's parent or guardian. Don't ask a minor for personal contact details or private meetings outside training.
• Read pain flags and notes and respond sensibly. MILO doesn't monitor them for you, and it isn't an emergency service. If an athlete may be injured, tell them to get medical help.
• If you supervise training in person, follow your facility's safety rules and have an emergency plan. You may ask your athletes to sign your own waiver as well.

Insurance

We strongly recommend you carry professional liability (coaching) insurance that covers your coaching, including online programming. MILO's insurance doesn't cover you. We may require proof of insurance in the future, with notice.

Athletes' data

• You only see athletes in your own channel. Use their information only to coach them, and keep it confidential.
• Don't copy athletes' data out of MILO except as needed to coach them, and never sell it or use it to market anything unrelated to your coaching.
• Respect each athlete's Photo and Video Consent choice, shown in MILO. If the answer is no, don't publish photos or videos of them. Never publish an athlete under 18's last name, school or location.
• Tell us straight away at the support address if you think athletes' data has been seen by someone who shouldn't have it.
• When an athlete leaves your channel, their training history stays in their own account.

Payments and fees

• To charge athletes, you connect your own Stripe account. Stripe's Connected Account Agreement and Stripe's fees apply between you and Stripe. You are the seller: payments go to your Stripe account, and your business name appears on athletes' statements.
• MILO keeps a platform fee from each payment, taken by Stripe when the payment is made. The fee is currently 5% of the amount the athlete actually pays, after any coupon or discount. It is shown on your Billing page before you charge.
• We'll give you at least 30 days' notice in the app or by email before we change the platform fee. The new fee applies to payments made after that date.
• You are responsible for the price you set, for telling athletes what they get, and for any sales tax, VAT, income tax or other taxes on your coaching income.
• If you offer a free trial, you decide its terms in MILO. MILO doesn't charge you a platform fee on amounts athletes don't pay.

Refunds, cancellations and disputes

• Athletes can cancel their subscription at any time and keep access until the end of the period they paid for. Moving up a plan is charged straight away for the rest of the period; moving down takes effect at the end of the period.
• You set your own refund policy, tell your athletes what it is, and follow consumer law. You issue refunds from MILO or from your Stripe dashboard.
• When you refund a payment, MILO returns its platform fee on the refunded amount.
• Chargebacks and payment disputes are between you, Stripe and the athlete. You are responsible for disputed amounts and Stripe's dispute fees.
• We may refund an athlete for you, or pause your payouts through Stripe, if the law or card network rules require it, or for clear error or fraud. We'll tell you why.

Who owns what

• You own the programs, workouts, exercises, videos, images and notes you create ("your content"). You confirm you have the rights to everything you upload, including music in videos, and permission from anyone shown in them (from a parent or guardian if they are under 18).
• You give MILO a non-exclusive, worldwide, royalty-free licence to host, copy, back up, format and display your content to run MILO for you and your athletes. This licence ends when you delete your content or close your channel, except for backups until they expire, logs that already include your programs (athletes keep their training history), and records the law requires us to keep.
• You let your athletes use your programs for their own training while they have access.
• MILO owns the software, the brand and the Milo exercise library. You may use the library in your programs while you use MILO. We may use anonymous, combined statistics (that never identify you or your athletes) to run and improve MILO.

Acceptable use

• Don't program anything illegal or dangerous, or promote banned or performance-enhancing substances.
• Don't harass, discriminate against, or exploit any athlete. Report any concern about an athlete's safety to the right authority, and to us.
• Don't make false claims about results, qualifications, or MILO.
• Don't upload content you don't have the rights to, or use MILO to send spam.

Suspension and ending this agreement

You can stop coaching on MILO at any time. To close a channel you own, contact support so your athletes keep their history and any subscriptions are ended properly. We can suspend or close your channel if you break this agreement, put athletes at risk, or if the law requires it. We'll tell you why unless the law or someone's safety stops us. Sections about fees owed, refunds, ownership, indemnity and liability continue after this agreement ends.

Indemnity

You will defend and compensate MILO, its owners, employees and contractors for claims, losses and reasonable legal costs that come from your coaching, your programs, your content, how you use athletes' data, your taxes, or your breach of this agreement or the law.

Disclaimers and limits on our liability

MILO is provided "as is". To the extent the law allows, MILO is not liable for lost profits, lost income, or indirect or consequential losses, and our total liability to you for any claim is limited to the platform fees MILO kept from your payments in the 12 months before the claim.

Changes and general terms

If we change this agreement in a way that matters, we'll ask you to accept the new version in MILO before you carry on (with 30 days' notice for fee changes). This agreement is governed by the laws of the State of Florida, and any court case will be brought in the state or federal courts located in Florida. You can't transfer this agreement without our written consent; we may transfer it to a business that takes over MILO. If part of it can't be enforced, the rest still applies.