I. GROUP FITNESS COURSES

• PRICE OFFERS You conclude your price package for the use of a specific price category. You can find out which price categories we have on site or at www.bodysoulfitness.de/preise The price categories entitle you to the following participations:

• FlexFit Silver (duration 6 months): ​ This includes five courses per month in which the customer is entitled to participate. The price is EUR 44 per month, payable on the 28th of the previous month by standing order.

• FlexFit Gold (duration 6 months): This includes ten courses per month in which the customer is entitled to participate. The price is 62 euros per month. Payable on the 28th of the previous month by standing order.

• FlexFit Platinum Package (duration 6 months) This includes all monthly courses in which the customer is entitled to participate. Furthermore, unlimited access to our video library. The price is 72 euros per month, payable by the 28th of the previous month by standing order.

 

All FlexFit packages start on the 1st of a calendar month.

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• 10 sessions card (duration 3 months): This includes 10 courses that can be booked over a period of 3 months. The 10 card can be booked at any time and can be purchased again at any time. ​

 

Our FlexFit packages and the 10 sessions card are non-refundable and non-transferable. This also applies to the occurrence of force majeure (e.g. officially ordered closure of the training facility).

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The purchase of a FlexFit price package (silver, gold, platinum) or a 10 card does not entitle the customer (on the part of the customer) to carry out (body & soul fitness) a specific training offer (course).

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2. PAYMENT

Payment is made in advance (bank transfer) and credit card unless another payment method has been agreed. If an amount cannot be debited at the time of booking due to insufficient funds in the account, which causes a return debit, a return debit fee of €10.00 will be charged for each transaction for this person.

 

The monthly contribution of the various Body&Soul Fitness FlexFit packages (FlexFit Silver 44€; FlexFit Gold 62€; FlexFit Platinum 72€) is charged on the date of sale (conclusion of contract) and the right to participate becomes effective when the full amount is on our account

 

DKB Bank, IBAN DE12 1203 0000 0015 1048 54, account holder: Mareike Blüm

has been received.

In order to be able to access the full functions of the website (in particular the booking of price packages) www.bodysoulfitness.de , you must create your own online account. In no event may you use another person's personal account without consent. You are solely responsible for maintaining the confidentiality of your account and password. You are responsible for keeping your password confidential and secure; if the user data is taken from our sphere by a third party without your authorization, we (Body&Soul Fitness) are liable. You should notify us immediately of any breach of security or unauthorized use of your account.

Before submitting your data, please check that it is correct and complete. You must inform us of any changes.

We reserve the right to withhold services on our website and to close member accounts in justified cases. This applies in particular in the event that you violate applicable law, contractual agreements and/or our house rules.

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3.  BOOKINGS

You can use your member account to book any courses available in our fitness studio or outdoor locations during the course times provided there. Attendance at the course is only possible with prior registration . If a course is already fully booked, you have the option of being placed on the waiting list. A place will be made available for you as soon as another course participant cancels.

Training sessions and courses must be canceled 8 hours in advance. Cancellations made later can no longer be accepted. Refunds are then no longer possible. After this period has expired or if you do not show up, the booked course will still be deducted from your hourly account, unless a third party agrees to participate at short notice.

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4. USE LOCATION

You should be in the course room 10 minutes before the start of the training. If you show up later, it may happen that your place has already been given to a member on the waiting list. The course is then not calculated.

Course participants who are taking part in a training session/course for the first time should be in the course room 15 minutes before the start of the course. Before the course starts, the trainers will give you an introduction to the training and course process.

– Before the start of each training session, please let your trainer know what injuries, health or physical limitations you have. He will tell you whether and under what conditions participation in the course is safe.

– Towels are required during training. Please always bring a towel with you to training

– Do not deviate from the instructions of your trainer. An exercise that is not carried out precisely or deviatingly carries the risk of injury.

– Do not place any objects such as weights or the like on your exercise mat.

- All equipment used during the training must be put back in the designated place after the end of the training and disinfected if necessary.

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5. AVAILABILITY

We make every effort to ensure that the Body&Soul Fitness service is available to you without interruption and that transmissions are error-free. However, due to the nature of the internet, this cannot be guaranteed. Also your access to the Body&Soul Fitness service  may be interrupted or limited from time to time to allow for repairs, maintenance or the introduction of new services. We try to avoid the duration of any such temporary interruption or restriction.

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On-site training:

We reserve the right to cancel courses at short notice and change times and/or trainers. If there are fewer than five participants, we reserve the right not to allow a course to take place. Registered participants will be informed of the cancellation by email at least 4 hours in advance. The canceled hour will be credited to the participants again for the calendar month. In the event of cancellation/failure/closing times relating to a specific course, the customer has no right to make up for the same course.

There are no courses between December 24th and January 2nd and for 1-2 weeks during the Hessian Easter and summer holidays (this will be announced in good time). Furthermore, we reserve the right to close on all public holidays and up to 9 days a year for renovation work or other urgent operational requirements, without members being entitled to make any claims for reimbursement. The dates will be communicated in good time in advance by means of notices and/or by e-mail.

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6. PHOTO/FILM AND WEB RECORDINGS

The making of photos, films and webcam recordings for commercial purposes is only permitted within the premises of the Body&Soul Fitness Location after prior permission has been obtained from Body&Soul Fitness. We reserve the right to any claims for damages in the event of non-compliance.

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7. COPYRIGHT

The content, logos, graphics, works etc. contained on the website are subject to German copyright law. The duplication, editing, distribution and any kind of exploitation outside the limits of copyright require the written consent of the respective author or creator. Downloads and copies of this site are only permitted for private, non-commercial use. Insofar as the content on this site was not created by the operator, the copyrights of third parties are observed. Should you nevertheless become aware of a copyright infringement, we ask that you inform us accordingly. As soon as we become aware of legal violations, we will remove such content immediately.

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8. THIRD PARTY SITES

Our website may contain links to third party websites that are not owned by Body&Soul Fitness.

Body&Soul Fitness has no control over and assumes no responsibility for the content, privacy policies or practices of any third party websites or services. We strongly encourage you to read the terms and conditions and privacy policies of third party websites that you visit.

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9. LIMITATION OF LIABILITY

In principle, Body&Soul Fitness is not liable for damage suffered by course participants. The participant/customer is aware that there is always a residual risk of injury or sudden health problems during physical training. It is the responsibility of the participant/customer to take out appropriate insurance. Body&Soul Fitness is not liable for any non-achievement of the purpose and training goals pursued by the customer. This does not apply to liability for breach of an essential contractual obligation and liability for damage to the course participant resulting from injury to life, limb or health, as well as damage resulting from an intentional or grossly negligent breach of duty by Body&Soul Fitness, its legal representatives or vicarious agents. Significant 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 may regularly rely. An essential contractual obligation of Body&Soul Fitness is, in particular, but not exclusively, the continuous provision of different fitness courses.

 

Course participants are expressly advised not to bring any valuables into the Body&Soul Fitness location. Body&Soul Fitness does not undertake any surveillance or duty of care for any valuables brought in. Depositing money or valuables in a lockable locker provided by Body&Soul Fitness does not constitute any obligation on Body&Soul Fitness in relation to the items brought in.

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• 10. FEATURES

Notices related to the tickets/price packages available on our website

- Offer and conclusion of contract for tickets and price packages (membership)

The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to submit offers to conclude a purchase contract for the goods presented. Subject to errors.

By clicking the "Buy now" button in the last step of the ordering process, you make a binding offer to purchase the tickets/price packages. The purchase contract is concluded when we accept your order with a confirmation email immediately after receipt of your order. The confirmation will also be displayed on the website at the end of your order process.

In order to be able to conclude an effective contract with Body&Soul Fitness, you must be at least 18 years of age.

Period of validity of the Body&Soul price packages (silver, gold, platinum): The validity of all price packages is limited to four weeks.

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II. PERSONAL TRAINING

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  1. GENERAL

1. For the business relationship between the Body & Soul Fitness Personal Trainer (hereinafter: "Trainer") and the customer (hereinafter: "Customer"), the following General Terms and Conditions apply exclusively in the version valid at the time the service is provided.

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

 

2 SUBJECT MATTER

1. The subject of the contract is individual advice and support for customers as part of the agreed training and health advice.

 

3 PERFORMANCE OBJECT

1. The trainer offers the customer a concept that is optimally tailored to the customer. The concept contains various recommendations for training content, choice of sportswear...). 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: . ..

 

4 TRAINING AND SCHEDULING APPOINTMENTS

1. Before the start of the training sessions, there is a personal consultation with the customer. The content and goals are agreed during the discussion. During the consultation, the customer informs the trainer about his health and physical limitations.

2. A training session lasts 60 minutes. The longer training units are agreed individually with the customer.

3. The training sessions take place in the premises of Body&Soul Fitness, Wiesbaden or.  outdoors instead.

4. Appointments are by appointment only. The agreed date must be canceled at least 24 hours before the agreed time (in the case of personal training in groups selected by the customer, the participants must cancel unanimously). We then offer the customer at least two alternative dates, which must be realized in the following 14 days. A fee of 50% of the price of a training session will be charged for missed and unpaid sessions. In the case of booked and paid price packages, the hour is canceled without replacement in this case.

5. Body&Soul Fitness reserves the right to use another qualified trainer in the event of substitution. If this is not possible, the lesson will be made up. If this is not possible either, Body&Soul Fitness can reimburse the lost hour(s).

 

5 OBLIGATIONS OF THE CUSTOMER

1. The customer is obliged to inform the trainer about his physical fitness without being asked before the start of the training session. If sudden health or ailments occur during the training, the customer is obliged to inform the trainer immediately.

 

6 TERMS OF PAYMENT

1. The fee for the trainer is based on the current price list.

2. The invoice is to be paid without deduction within 7 days of receipt by the customer.

3. The following payment methods are currently available: Bank transfer

 

7 LIABILITY AND NOTICES

1. In principle, the trainer is not liable for damage suffered by the customer. This does not apply to liability for breach of an essential contractual obligation and for liability for damage to the member resulting from injury to life, limb or health, as well as for damage resulting from an intentional or grossly negligent breach of duty by the trainer, his legal representatives or vicarious agents are based. Significant 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 may regularly rely. The essential contractual obligations of the trainer include in particular, but not exclusively, the services mentioned in § 3.

2. Customers are expressly advised not to bring any valuables with them. The trainer does not assume any guarding or duty of care for valuables that are nevertheless brought in.

3. The trainer is not liable for damage caused by overconfidence on the part of the customer. If the customer does not follow the trainer's instructions and suffers damage as a result, the trainer's liability is excluded.

4. The trainer has appropriate business liability insurance.

 

8 PRIVACY

1. Body&Soul Fitness  stored and used exclusively to fulfill the object of performance specified in § 3.

2. Details on data protection can be found in the Body&Soul Fitness data protection declaration

 

 

9 CONFIDENTIALITY

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

 

10 CONTRACT DURATION

1. 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. Termination is excluded unless there is a permanent medical indication that makes it impossible to continue the contract. Only medical certificates are accepted as proof.

 

11 FINAL PROVISIONS

1. Changes, additions and ancillary agreements must be made in writing 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.

2. Should one of the preceding provisions be ineffective or unenforceable, the validity of the remaining provisions shall remain unaffected. Instead of the ineffective or unenforceable provision, a suitable, legally effective replacement provision that comes as close as possible to the economic success is made by mutual agreement.

3. The place of jurisdiction is based on the statutory provisions. The law of the Federal Republic of Germany.

4. Should a provision of these General Terms and Conditions be ineffective, this shall not affect the validity of the remaining provisions.

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