- For the business relationship between the personal trainer (hereinafter: “Trainer”) and the customer (hereinafter: “Customer”), the following General Terms and Conditions apply exclusively in the version valid at the time of the service.
- Customers within the meaning of § 1 sentence 1 are private individuals, companies and government institutions.
2. Subject matter of the contract
The subject of the contract is individual advice and support for customers as part of the agreed training and health advice.
3. Subject matter of performance
- The trainer offers the customer a concept that is optimally tailored to the customer. The concept contains various recommendations for the training content, selection of sportswear, nutrition training. The concept takes into account the respective needs and physical abilities of the customer.
- The trainer guarantees the customer individual advice. The customer is looked after personally by the trainer.
4. Training and making appointments
- A personal consultation with the customer takes place before the start of the training units. During the discussion, the content and goals are agreed. During the consultation, the customer informs the trainer about his health and physical limitations.
- A training session lasts 30 to 60 minutes. The longer training units are agreed individually with the customer.
- The training times offered are Monday-Sunday: 9 a.m.-8 p.m. On special request, appointments can also be made outside of the given times.
- The training location is defined with the customer or takes place via video conference. The trainer does not provide any premises
- The appointments are made exclusively by agreement. The agreed appointment must be canceled at least 24 hours before the agreed time. The full fee is due for appointments that are not kept. If there are appropriate reasons such as technical difficulties, a goodwill decision is made individually. If this is due to health reasons, the trainer must be informed immediately. If you are absent for a longer period of time, the training must be adapted. Consequently, this must be communicated to the trainer. The times missed due to a verifiable health impairment are appended to the end of the agreed contract period as remuneration-free time.
5. Obligations of the customer
The customer is obliged to inform the trainer about his fitness for sport without being asked before the start of the training session. Should sudden health or mental disorders occur during the 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 invoice must be paid to the customer before the training session without any deductions.
- The following payment methods are currently available: PayPal and cash.
- If day tickets, monthly membership fees in the fitness studio, court fees or the like are required due to the training goals and wishes of the customer, these costs must be borne by the customer. If the holistic care requires treatment by a doctor, physiotherapist or alternative practitioner, the billing modalities of these cooperation partners apply. If it is desired to accompany the training while traveling, the expenses are to be borne by the client. In addition, a flat fee is agreed for the duration of the trip.
- For all services, the travel costs incurred by the trainer in the urban area of Berlin are included in the price. Distances that go beyond this are charged at € 0.50 per kilometer driven.
- For appointments that are agreed outside of the specified periods in accordance with 4.3, the trainer charges a surcharge of € 20 per training unit.
7. Liability and notices
- In principle, the trainer is not liable for any damage suffered by the customer. This does not apply to liability for a breach of an essential contractual obligation and for liability for damage to the member from injury to life, body or health, nor for damage resulting from an intentional or grossly negligent breach of duty by the trainer, his legal representatives or Vicarious agents are based. Essential contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner can regularly rely. The essential contractual obligations of the trainer include in particular, but not exclusively, the services specified in § 3.
- The customer is expressly advised not to bring any valuables. On the part of the trainer, there is no guarding or duty of care for valuables that have been brought in.
- The trainer is not liable for any damage caused by the customer’s overestimation of himself. If the customer does not follow the instructions of the trainer and suffers the damage as a result, the liability of the trainer is excluded.
- If services are provided in rooms and with third-party funds, the trainer is also not liable for this.
8. Data protection
- The personal data of the customer are saved by the trainer and used exclusively for the fulfillment of the service item mentioned in § 3.
The trainer is obliged to keep all information of the customer known in connection with the fulfillment of the training measures confidential. This also applies after the termination of the contractual relationship between the trainer and the customer.
10. Duration of contract
In principle, only fixed-term contracts are concluded between the trainer and the customer. The customer has the right to withdraw from the contract within the first 14 days from the date of conclusion of the contract. The termination is excluded, unless there is a permanent medical indication that makes a continuation of the contract impossible. Only medical certificates are accepted as proof. The right to terminate for an important reason remains unaffected. The trainer is entitled to terminate the contract at any time without giving reasons. In this case, remuneration paid in advance will be repaid immediately.
11. Final provisions
- Changes, additions and side agreements must be made in writing in order to be effective, unless otherwise specified in these General Terms and Conditions. The written form requirement also applies to the waiver of this form requirement.
- If one of the preceding provisions should be ineffective or unenforceable, the validity of the remaining provisions remains unaffected. Instead of the ineffective or unenforceable provision, a suitable, legally effective replacement provision that comes as close as possible to economic success will be agreed upon.
- The place of jurisdiction is based on the statutory provisions. The law of the Federal Republic of Germany.
- Should a provision of these general terms and conditions be ineffective, the effectiveness of the remaining provisions will not be affected.
These terms and conditions are based on a template from Akademie für Sport und Gesundheit.