General standard terms and conditions
1. effectiveness of the contract:
For 14 days from its conclusion, the contract is subject to the resolutive condition that the owner of the sports club objects to the conclusion of the contract by means of a written statement to the contracting party.
2. rights of the contracting party:
The contracting party is -but only personally- entitled to use the sports rooms including the equipment used for physical training as well as the changing room and washroom including WC in the sports club during the valid opening hours.
3. authority of the staff, change of opening hours and change of the offer:
In order to maintain orderly operation and order and safety in the sports club, the trainer or counter staff is entitled to receive instructions from the contractual partner within the scope of use.
The contractual partner must follow these instructions. The valid opening hours will be announced by notice. The Sportclub reserves the right to change these opening hours. The Sportclub may remain closed on public holidays. The Sports Club reserves the right to change its offer, in particular also to abolish any type of training equipment provided in its premises, to vary the number of training equipment available and to change the equipment of its premises. Changes in the opening hours and the offer do not justify the right to terminate the contract or to reduce the agreed fees.
4. payment of the monthly membership fee:
The agreed monthly membership fee shall be paid in advance no later than the 3rd of each month. In principle, the fees are to be paid regardless of whether the offer of the sports club is used or not. However, this does not apply in cases where the contracting party is permanently prevented from using the sports club for proven reasons beyond his/her control, such as disability, pregnancy or being called up for military/civilian service. Proof of the reason for being permanently prevented is to be provided to the sports club by presenting a medical certificate or an official certificate. If the contractual partner is in arrears with the payment of 2 monthly fees, all future monthly fees owed until the end of the agreed contract period are immediately due for payment in advance.
5 Term of the contract, renewal clause, ordinary termination:
The contract is concluded for a fixed period of 12 months. It shall be extended in each case by the agreed duration if it is not terminated in writing by one of the parties in the case of a contract concluded for 12 months with a notice period of 3 months each to the other contracting party at the end of the contract term.
The Sports Club shall not be liable for loss of or damage to any property or valuables brought in by the contracting party, unless the damage is due to an intentional or grossly negligent breach of contract by the Sports Club. The changing rooms are not locked. The provision of lockers does not justify any liability for the objects brought into them. Any liability of the sports club for personal injuries suffered by the contractual partner during his stay in the facilities of the sports club is excluded, provided that the sports club did not (co-)cause these damages intentionally or by gross negligence.
The stay of children under 15 years in the premises of the sports club is for insurance and safety reasons in principle only at their own risk of the parent / guardian. The sports club is not responsible for supervision.
7. additional offers:
The Sportclub has a variety of additional training offers (e.g. functional strength training with a personal trainer or various training courses) available to the contractual partner, which the contractual partner can book for an additional fee. Agreed appointments can be canceled up to 24 hours before the start of the appointment in person or by phone within the opening hours of the sports club, cancellations by SMS and email are not possible and therefore have no effect. If the appointment is not formally canceled in time, the contractual partner is obliged to pay the full fee for personal training sessions not attended.
8. data protection notice:
The protection of personal data is of particular concern to the Sportclub. In order to be able to provide its services in a customer-oriented and appropriate manner, the Sportclub collects and uses the data of its contractual partners within the framework of the legal provisions and as described below:
The Sportclub stores, modifies, uses and transmits personal data of the contractual partner including a photo of the contractual partner itself or through third parties commissioned by it, insofar as this is necessary for the fulfillment and processing of the contractual relationship and its settlement or serves to clarify criminal offences. Furthermore, the sports club records the name and, if applicable, the membership number of the customer and the time of entry and exit when entering and leaving the sports club and stores this data. The sports club monitors parts of the studio with cameras for the safety of its contractual partners after appropriate notification and stores their recording insofar and as long as this is necessary in individual cases for the safety of its contractual partners and for the investigation of criminal acts.