General terms and conditions of business

 

1. General

1. The following general terms and conditions apply exclusively to the business relationship between the personal trainer (hereinafter: “Trainer”) and customers (hereinafter: “Customer”) in the version valid at the time of service.

2. Customers within the meaning of Section 1 Sentence 1 are private individuals, companies and government institutions.

 

2 Subject of the contract

1. The subject of the contract is individual advice and support for customers within the framework of the agreed training and health services.

 

3 Subject of service

1. The trainer offers the customer a concept that is optimally tailored to the customer. The concept contains various recommendations on training content, selection of sports clothing and nutritional tips. The concept takes into account the respective needs and physical abilities of the customer.

2. The trainer guarantees the customer individual advice. The customer is looked after personally by the trainer.

3. The following services are also offered: open live training dates (in groups), online course offerings.  

 

4 Training and appointment scheduling (for personal training)

1. Before the first training session begins, a personal consultation takes place with the customer. The content and goals are agreed upon during the conversation. During the consultation, the customer informs the trainer about his health and physical limitations.

2. A training session lasts 60 minutes. Longer training sessions are agreed individually with the customer.

3. The training sessions take place online, in the customer's premises (depending on the location and only by appointment; depending on the distance, additional costs may arise here, which are agreed in advance between the trainer and the customer), on the premises available to the trainer (e.g. rented fitness studio, additional costs may arise here).

4. For training at locations other than the trainer's usual location, travel costs amounting to: Calculated at €0.50/$0.50 per kilometer.

5. Appointments are by appointment only. The agreed appointment can be canceled free of charge up to 24 hours before the agreed time at the latest. For cancellations less than 24 to 2 hours before the agreed time, a fee of 50% of the price will be charged. For cancellations less than 2 hours before the agreed time or missed appointments, a fee of 100% of the price will be charged.

 

5 customer responsibilities (for personal training)

1. The customer is obliged to inform the trainer of any restrictions on his fitness for sport without being asked before the start of the training session. If sudden health or well-being problems occur during the training, the customer is obliged to inform the trainer immediately.

 

6 payment terms

1. The trainer's fee is based on the current price list on the website.

2. The invoice must be paid without deductions within 5 days of conclusion of the contract. Package prices are paid in full in advance. Payment in installments is not possible.

3. The following payment methods are currently available: cash payment (in Olón/Ecuador), bank transfer (German or Ecuadorian account), Paypal.

 

7 Liability and information

1. Insurance is the responsibility of the customer. The trainer declines any liability for accidents and illnesses.

2. The customer is expressly advised not to bring any valuables with them. The trainer is not responsible for any security or duty of care for any valuables brought in.

 

8 Data protection

1. The customer's personal data will be stored by the trainer and used exclusively to fulfill the service item specified in § 3.

 

9 Secrecy

1. The trainer is obliged to maintain secrecy about all information about the customer that becomes known in connection with the fulfillment of the training measures. This also applies after the contractual relationship between the trainer and the customer has ended.

 

10 Duration of contract, termination and non-use of training (personal training)

1. In principle, only temporary 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 will be accepted as proof. Upon agreement, the training courses can also be transferred to another person or received at a later date. No training sessions will be refunded.

2. If the contractually agreed services of the trainer are not used by the customer within the agreed term, the customer has no right to a price reduction or refund.

 

11 Duration of contract, termination and non-use of training (online course offerings)

1. After purchasing an online course offer, cancellation is only possible within the legally regulated 14-day cancellation period. A subsequent withdrawal will not be granted.  

2. Online course offerings are available for 24 months.

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12 final provisions

1. Unless otherwise specified in these General Terms and Conditions, changes, additions and additional agreements must be made in writing to be effective. The written form requirement also applies to the waiver of this form requirement.

2. If one of the preceding provisions is invalid or unenforceable, the effectiveness 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 made by mutual agreement.

3. The place of jurisdiction is the registered office of trainer Jenny Bayer (Ecuador).

 

These terms and conditions are based on a template fromAcademy for Sports and Health.