LEGAL
Terms and Conditions
This is a courtesy translation. Only the German version is legally binding.
1. General#
The following General Terms and Conditions (GTC) apply exclusively to the business relationship between the Personal Trainer (hereinafter: "Trainer") and the customer (hereinafter: "Customer") in the version valid at the time of service provision.
Customers within the meaning of § 1 S. 1 are private individuals, companies as well as government institutions.
2. Subject Matter of Contract#
The subject matter of the contract is individual consultation and support of customers within the framework of the agreed training and health consultation.
3. Scope of Services#
The Trainer offers the Customer a concept optimally tailored to the Customer. The concept contains various recommendations on training content, sportswear selection, nutrition counseling. The concept takes into account the respective needs and physical abilities of the Customer.
The Trainer guarantees the Customer individual consultation. The Customer's support is provided personally by the Trainer.
The following additional services are offered: ...
4. Training and Appointment Scheduling#
Before the start of the training sessions, a personal consultation with the Customer takes place. During the consultation, the content and goals are coordinated. During the consultation, the Customer informs the Trainer about his or her health and physical limitations.
A training session lasts ….. minutes. Longer training sessions are agreed individually with the Customer.
The training sessions take place in the Trainer's/Customer's premises.
Appointments are made exclusively by arrangement. The agreed appointment must be cancelled at least 24 hours before the agreed time.
5. Obligations of the Customer#
The Customer is obliged to inform the Trainer about his fitness without being asked before the start of the training session. Should sudden health or feeling disorders occur during training, the Customer is obliged to inform the Trainer immediately.
6. Payment Terms#
The Trainer's fee is based on the current price list.
The following payment methods are currently available:
- PayPal
- SEPA
- Apple Pay
7. Liability and Information#
The Trainer is generally not liable for damage to the Customer. This does not apply to liability for breach of an essential contractual obligation and to liability for damage to the member from injury to life, body or health and also not to damage that is based on an intentional or grossly negligent breach of duty by the Trainer, his legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the contractual partner may regularly rely. An essential contractual obligation of the Trainer includes in particular, but not exclusively, the services mentioned in § 3.
The Customer is expressly advised not to bring valuables. The Trainer does not assume any guarding and duty of care for valuables that are nevertheless brought in.
The Trainer is not liable for damage that has occurred due to self-overestimation on the part of the Customer. If the Customer does not follow the Trainer's instructions and suffers damage as a result, the Trainer's liability is excluded.
The Trainer has adequate business liability insurance.
8. Data Protection#
The Customer's personal data is stored by the Trainer and used exclusively to fulfill the scope of services mentioned in § 3.
Details on data protection can be found in the Trainer's privacy policy.
9. Confidentiality#
The Trainer is obliged to maintain confidentiality about all information about the Customer that has become known in connection with the fulfillment of the training measures. This also applies after the termination of the contractual relationship between the Trainer and the Customer.
10. Contract Duration#
In principle, only fixed-term contracts are concluded between the Trainer and the Customer. Termination is excluded, unless there is a permanent medical indication that makes continuation of the contract impossible. Only medical certificates are accepted as proof.
11. Final Provisions#
Changes, additions and ancillary agreements require written form for their effectiveness, unless otherwise specified in these GTC. The written form requirement also applies to the waiver of the written form requirement.
Should individual provisions of these GTC be or become invalid, this does not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid one that comes closest to the economic purpose of the invalid provision.
German law applies, excluding the UN Sales Law.