Terms

Scope

These terms apply to all coaching provided by Forged by Marko — a sole proprietorship of Marko Stankovic under Swiss law (“we”, “us”) — to its clients (“you”). What we coach, for how long, how often, where and at what price is set out in your individual agreement — an offer and its acceptance, in writing or by email. Where the individual agreement and these terms differ, the individual agreement prevails.

The coaching

We provide health, fitness, nutrition and performance coaching: training programmes and supervised sessions, movement and technique coaching, general guidance on nutrition, recovery and habits, and the tracking of your progress — in person or remotely, as agreed.

In-person training takes place where your individual agreement says. A training facility we use provides the environment only and is not a party to your agreement with us; its house rules apply while you train there.

Coaching is provided as a mandate within the meaning of Art. 394 ff. of the Swiss Code of Obligations (CO): we owe careful, professional coaching, not a particular result.

Becoming a client

An application through this website is not yet an agreement. If we decide to work together, we send you an individual offer; the agreement is made when you accept it. If you are under 18, your legal representative must agree to it as well.

Health and medical limitations

Coaching is not medical care. We do not diagnose, treat or cure any illness or injury, and our coaching does not replace a doctor, physiotherapist, psychotherapist or dietitian. Our nutrition guidance is general guidance for healthy adults, not medical nutrition therapy.

• Before we start, and whenever something changes, tell us about any illness, injury, pain, medication, pregnancy, operation or other condition that could affect your training or nutrition.
• If you have, or suspect, a health condition — or if you are unsure whether training is safe for you — have a doctor confirm that you may train before you begin. We may ask for that confirmation.
• If you have, or have had, a condition affecting eating or nutrition, or a medically prescribed diet, follow nutrition guidance only with your doctor’s agreement.
• Stop immediately and seek medical help if you feel chest pain, dizziness, unusual shortness of breath, sharp or increasing pain, or anything else that worries you — and tell us before you train again.

We may adapt, pause or decline coaching if, in our judgement, it could put your health at risk.

Your responsibilities

• Give us accurate and complete information about your health and your goals.
• Follow our safety instructions, train within your limits, and tell us at once about pain, discomfort or an injury.
• When you train on your own, without supervision, you are responsible for training safely, with suitable clothing and equipment.
• Keep agreed appointments and pay agreed fees on time.
• Look after your own health and accident insurance.

Sessions

Appointments are agreed individually. How much notice is needed to move or cancel a session, and what happens to a session missed without notice, is set out in your individual agreement.

Prices and payment

Prices, the billing cycle and due dates are set out in your individual agreement or on the invoice. Forged by Marko is not registered for VAT, so no VAT is charged.

You can pay:

• by card, through Stripe — once, or as agreed recurring payments;
• by bank transfer, to the account stated on the invoice;
• by TWINT;
• in cash, against a receipt.

If a payment is not made when due, we will remind you. If it remains unpaid, we may pause the coaching until it is settled; default interest is owed as the law provides.

Recurring payments

If you agree to pay in recurring instalments by card, you authorise us to have Stripe charge the agreed amount on the agreed dates, until the recurring payment ends as set out in your individual agreement or the coaching ends. Stripe’s own terms apply to the processing of the payment.

Cancellation and refunds

Fees for coaching already provided remain due. Whether and to what extent fees paid in advance are refunded when coaching ends early is governed by your individual agreement and by mandatory law.

No guaranteed results

Results depend on many things beyond our control — your health, your consistency, your sleep, your nutrition, your circumstances. We commit to coaching you carefully and professionally; we do not promise any particular result, such as a change in weight, strength, performance or health.

Liability

We are liable for damage we cause intentionally or through gross negligence, and for injury to life, body or health, as the law provides. For other damage caused through slight negligence, and for indirect or consequential damage such as lost earnings, our liability is excluded as far as the law permits.

Nothing in these terms limits liability where the law does not allow it to be limited (in particular Art. 100 CO). We are not liable for damage that results from information you withheld or gave incorrectly, or from instructions you did not follow.

Intellectual property

Training programmes, plans, documents, videos and other materials we create remain ours. They are made for you and for your personal use only: you may not copy, share, publish or sell them without our written permission.

Privacy and confidentiality

We treat what you tell us in confidence. How we handle your personal data, including health information, is described in the privacy notice.

Ending the coaching

The coaching ends as set out in your individual agreement. In addition, Swiss law allows either party to end a mandate at any time (Art. 404 CO); a party who does so at an inopportune time, without good reason, must compensate the other for the resulting damage. Nothing in these terms takes this right away.

We may end the coaching with immediate effect for good cause — for example if fees remain unpaid after a reminder, if you repeatedly disregard safety instructions, or if continuing would put your health at risk.

Changes to these terms

The terms in force when your individual agreement was made apply to it. Changes apply to an ongoing agreement only if you agree to them.

Governing law and jurisdiction

These terms and every agreement under them are governed by Swiss law. The place of jurisdiction is Zürich, Switzerland. If you are a consumer, mandatory places of jurisdiction take precedence — in particular, you may also bring proceedings at your place of residence, and proceedings against you are brought there (Art. 32 of the Swiss Civil Procedure Code).

Final provisions

Agreements and notices may be made in writing or by email. If any provision of these terms is invalid, the rest remain in force, and the invalid provision is replaced by a valid one that comes closest to its purpose.