General Terms and Conditions
Terms
These conditions govern the contractual relationship between the studio and the training participant.
At BODYEFFIZIENZ
Only individual sessions are booked. A personal trainer is always at the client's side. Every service that the client wishes to use and books an appointment for is invoiced and charged as a session. 15 minutes of overtime are also charged.
The Sessions
Sessions may be resold to third parties; however, the session holder is obliged to notify BODYEFFIZIENZ of this in writing using the corresponding form. The sale takes place between the holder and the buyer. BODYEFFIZIENZ disclaims any responsibility and liability for this business arrangement. An instalment-payment subscription is not transferable.
Appointments
Appointments are generally booked via the system. Cancellations and rescheduling can be made within 48 hours, otherwise the training session is charged. Five minutes before the appointment, you should be changed and ready to train. In the event of a delay of more than 5 minutes, the training session will be shortened accordingly or not carried out.
Training Equipment
The use of the training equipment as well as participation in courses and events organised by BODYEFFIZIENZ is at the training participant's own risk and peril. BODYEFFIZIENZ expressly rejects any liability for damage in the event of accidents, injuries and/or illnesses, or limits it to intent and gross negligence, as well as liability for auxiliary persons. Liability for the loss of valuables on the premises is expressly excluded.
House Rules
The training participant is obliged to comply with the house rules and to observe the training regulations. A copy of the house rules is handed over upon conclusion of the contract; changes are communicated with every new purchase of sessions. In the event of infringements, BODYEFFIZIENZ is entitled to terminate the contract with immediate effect after prior warning; a claim for reimbursement is excluded. In the event of serious disruption or harassment of staff, no warning period is required.
Liability
The training participant is liable for any damage they cause to training facilities and equipment as well as for the loss of borrowed items (value as per the house rules), and must fully reimburse BODYEFFIZIENZ for the corresponding repair and/or replacement costs.
Subscription Terms
24-session subscription: term of 9 months. 48-session subscription: 15 months. 3-month subscription (metabolism programme): 6 months. 10-visit cards: expiry period of 9 months. Exceptions are illness (medical certificate) or absence (flight ticket). In the case of instalment payments, the subscriber undertakes to settle them consecutively, even during a break or illness. In the event of early termination, an additional payment is due for the sessions rendered, adjusted to the next possible subscription, plus a handling fee of 5% on the amount still to be paid.
Refunds
A refund of paid sessions pro rata temporis is not paid out. However, there is the possibility of redeeming the amount for other services.
Payment
The client undertakes to pay BODYEFFIZIENZ compensation for the use of the training facilities and equipment in accordance with the contract. All other services offered are not included in the membership fee.
Deadlines
When purchasing a session subscription, the purchase amount is due within 5 days (bank transfer, cash or credit card). In the case of instalment payments, the instalments are each due in advance on the closing date of the following month. In the event of late payment, a reminder is issued (first electronic reminder free of charge, first reminder CHF 10, second reminder CHF 50). With the first reminder, the client is in default and owes default interest of 5% as well as compensation for further damage caused by the default. In the event of default on individual instalments, the total balance for the contract term becomes due.
Support Services
The session holder is only entitled to the service they have exclusively booked.
Place of Jurisdiction
The exclusive place of jurisdiction for any disputes arising from or in connection with this contract is the registered office of BODYEFFIZIENZ, Altgasse 56, 6340 Baar (Kanton Zug).
Data Protection / Consent
All information provided to BODYEFFIZIENZ is treated confidentially and used exclusively for the purpose of processing the contractual relationship. Excepted from this is the credit assessment carried out by an external partner as well as in the case of debt collection.
Duration of the Contract / Time Limitation
All subscriptions expire automatically and must be re-concluded after expiry.
Changes to Contractual Terms / House Rules
The client expressly acknowledges that changes to the contractual terms and the house rules are reserved and that these will be brought to their attention in an appropriate form.
Applicable Law
Swiss law applies to these General Terms and Conditions, in particular the provisions of the Swiss Code of Obligations (OR). Place of jurisdiction: Kanton Zug, Switzerland.
© Body Effizienz / B. Schollbach · As of 27.02.2017