These General Terms and Conditions in their current version at the time of service shall exclusively apply to the business relationship between the personal trainer (hereinafter referred to as “Trainer”) and the customer (hereinafter referred to as “Customer”).
Customers as defined in § 1 S. 1 include individuals, companies, and government institutions.
The object of the contract is individual guidance and support of customers within the framework of agreed training and health counseling.
The Trainer offers the Customer a tailored concept that includes recommendations for training content, sports attire selection, and nutrition advice. The concept takes into account the individual needs and physical abilities of the Customer.
The Trainer ensures individual guidance for the Customer, and the Customer’s supervision is carried out personally by the Trainer.
Before the training sessions commence, a personal consultation is held with the Customer to align the content and goals. During the consultation, the Customer informs the Trainer about their health and physical limitations.
A training session lasts for 45-60 minutes. Longer training sessions are individually agreed upon with the Customer.
The training sessions take place at the Trainer’s or the Customer’s premises or online.
Appointments are scheduled by prior agreement. The agreed appointment must be canceled at least 24 hours before the agreed time. A fee equal to 50% of the price of a training session is charged for missed appointments.
The Customer is obligated to proactively inform the Trainer about their fitness suitability before the commencement of the training session. If sudden health or discomfort issues arise during the training, the Customer is required to immediately notify the Trainer.
The Trainer’s fee is determined according to the current price list.
The invoice must be paid without deductions within 14 days upon receipt by the Customer.
The following payment methods are currently available: cash, paypal, direct bank transfer.
The Trainer is generally not liable for any damages to the Customer. This exclusion of liability does not apply to liability for the violation of a fundamental contractual obligation and for damages to the member resulting from an infringement of life, body, or health. It also does not apply to damages arising from the Trainer’s intentional or grossly negligent breach of duty, by their legal representatives, or agents. Essential contractual obligations are those whose fulfillment is necessary for the proper execution of the contract and on whose observance the contractual partner regularly relies. This includes, but is not limited to, the services mentioned in § 3.
If the Trainer and Customer meet in person, the Customer is explicitly advised not to bring valuables. The Trainer does not assume any responsibility for safeguarding and due care for valuables brought by the Customer.
The Trainer is not liable for damages resulting from the Customer’s overestimation. If the Customer does not follow the Trainer’s instructions and incurs damages as a result, the Trainer’s liability is excluded.
The Trainer is in the process of acquiring adequate business liability insurance.
The Customer’s personal data is stored by the Trainer and used exclusively for the fulfillment of the services mentioned in § 3.
Details on data protection can be found in the Trainer’s privacy policy.
The Trainer is obliged to maintain confidentiality regarding all information obtained about the Customer in connection with the execution of the training measures. This obligation also applies after the termination of the contractual relationship between the Trainer and the Customer.
Contracts between the Trainer and the Customer are generally limited in duration. The Customer has the right to withdraw from the contract within the first 14 days from the contract date. Termination is excluded unless there is a permanent medical condition that makes it impossible to continue the contract. As evidence, only medical certificates are recognized.
Amendments, additions, and side agreements require, unless otherwise stipulated in these Terms and Conditions, written form to be effective. The requirement of written form also applies to the waiver of this formal requirement.
Should any of the preceding provisions be ineffective or unenforceable, the effectiveness of the remaining provisions shall not be affected. In place of the ineffective or unenforceable provision, a legally effective replacement provision that comes as close as possible to the economic success shall be agreed upon by mutual consent.
The legal venue shall be determined according to legal provisions. The law of the Federal Republic of Germany shall apply.
If any provision of these General Terms and Conditions is ineffective, it shall not affect the effectiveness of the other provisions.
These terms and conditions are based on a template from the Academy of Sports and Health.
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