Terms and Conditions

1 General

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The business relationship between the personal trainer (hereinafter: “Trainer”) and the customer (hereinafter: “Customer”) shall be governed exclusively by the following General Terms and Conditions in the version valid at the time the service is provided.

Customers within the meaning of § 1 sentence 1 are private individuals.

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2 Subject matter of the contract

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The subject matter of the contract is individual advice and support for customers within the scope of the agreed training and health advice.

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3 Subject matter of the service

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The trainer offers the customer a training concept tailored to the customer. The concept contains various recommendations on the training content and takes into account the customer's goals, preferences, fitness level and physical abilities.

The trainer guarantees the customer individual advice. The customer receives personal support from the trainer. The support includes, among other things

- fitness assessments

- Exercise instructions

- Tailor-made training plans

- Progress monitoring.

The service is provided in training sessions.

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4 Training and making appointments

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The customer purchases one or more training sessions as part of a price plan selected by him. The training sessions must be agreed and completed within the period specified in the price plan. Prepaid training sessions that are not agreed and completed within this period will be forfeited without refund.

A personal consultation with the customer takes place before the start of the training sessions. During the consultation, the content and objectives are agreed. During the consultation, the customer informs the trainer about their health and physical limitations.

The duration of a training session depends on the selected price plan. Longer training sessions can be agreed individually between the trainer and the customer.

The training sessions take place at the location agreed between the trainer and the customer.

Appointments for training sessions are by appointment only. If the customer is unable to keep an agreed appointment, the appointment must be canceled at least 24 hours before the agreed time. Canceled appointments will be rescheduled or credited to the customer after consultation with the customer.

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The trainer reserves the right to charge the full fee agreed for a training session for appointments that are not attended or not canceled in good time or, in the case of training sessions that have already been prepaid, to forfeit them without refund.

Notwithstanding the above provision, the trainer grants the customer the option of canceling an appointment less than 24 hours before the agreed time once during the period specified in the price schedule. 

If the trainer cancels an appointment for reasons for which the customer is not responsible, the appointment will be rescheduled or credited to the customer after consultation with the customer.

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5 Obligations of the customer

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The customer is obliged to inform the trainer of his/her fitness for sport, injuries and restrictions before the start of the training session without being asked. Should any sudden health or fitness problems occur during the training session, the customer is obliged to inform the trainer immediately. 

The customer is obliged to follow the trainer's instructions in order to ensure the safety and effectiveness of the training session.

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6 Payment

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The trainer's fee is based on the price plan selected by the customer.

The following payment methods are available to the customer.

Credit card

You enter your credit card details during the booking process. Your card will be charged immediately after the booking is made. 

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Klarna

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In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden (“Klarna”), we offer you the following payment options. Payment via Klarna is only available to consumers. Unless otherwise specified below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. Further information can be found in the respective payment option and in the booking process.

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Purchase on account via Klarna

The invoice amount is due 30 days after receipt of the invoice.

Klarna can offer registered Klarna customers, selected according to their own criteria, further payment methods in the customer account. However, we have no influence on the offering of these modalities; other individually offered payment modalities affect your legal relationship with Klarna. You can find further information on this in your Klarna account.

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Installment purchase via Klarna

You can pay the invoice amount in monthly installments of at least 1/24 of the total amount. The minimum installment is 6.95 euros.

Klarna can offer registered Klarna customers, selected according to their own criteria, further payment modalities in the customer account (e.g. interest-free installment plans). However, we have no influence on the offering of these modalities; other individually offered payment modalities affect your legal relationship with Klarna. You can find further information on this in your Klarna account

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PayPal

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In order to be able to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), you must be registered with PayPal, legitimize yourself with your access data and confirm the payment order. The payment transaction will be carried out by PayPal immediately after the booking has been made. You will receive further instructions during the booking process.

PayPal can offer registered PayPal customers, selected according to its own criteria, further payment methods in the customer account. However, we have no influence on the offering of these modalities; other individually offered payment modalities affect your legal relationship with PayPal. You can find further information on this in your PayPal account.

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Invoice

The invoice amount is due 14 days after receipt of the invoice and the goods by bank transfer to the bank account specified on the invoice. We reserve the right to offer purchase on account only after a successful credit check.

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7 Liability and information

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The trainer shall not be liable for any damages suffered by the customer. This does not apply to liability for a breach of a material contractual obligation and for liability for damages to the customer arising from injury to life, limb or health, nor for damages resulting from an intentional or grossly negligent breach of duty by the trainer, his legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely. The Trainer's essential contractual obligations include in particular, but are not limited to, the services specified in § 3.

The customer is expressly advised not to bring any valuables. The trainer shall not assume any duty of care or guarding for any valuables brought in.

The trainer is not liable for any damage caused by the customer's overestimation of their own abilities or failure to disclose physical or health restrictions. If the customer suffers damage due to non-compliance with the trainer's instructions, the trainer's liability is excluded. It is the customer's responsibility to clarify any unclear or misleading instructions given by the trainer.

The trainer has appropriate public liability insurance.

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8 Data protection

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The customer's personal data shall be stored by the trainer and processed exclusively for the fulfillment of the subject matter of the service specified in § 3.

Details on data protection can be found in the Trainer's data protection declaration.

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9 Contract duration and termination

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Only fixed-term contracts are concluded between the Trainer and the Customer. The customer has the right to withdraw from and cancel the contract within 14 days from the date of conclusion of the contract. The right of withdrawal expires prematurely upon complete performance of the service or upon fulfillment of the contract, provided that the customer expressly agrees that the trainer begins to perform the service before expiry of the withdrawal period.

Cancellation is excluded unless there is a non-temporary medical indication that makes it impossible to continue the contract. Only medical certificates are recognized as proof of this.

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10 Final provisions

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Amendments, supplements and ancillary agreements must be made in writing to be effective, unless otherwise stipulated in these GTC. The written form requirement also applies to the waiver of this formal requirement.

The place of jurisdiction is governed by the statutory provisions. The law of the Federal Republic of Germany shall apply.