General terms and conditions clever fit

1. GENERAL

1.1. Conclusion of the contract

The contract is concluded when a written agreement is signed by the contracting parties.

Where our online platform is used to conclude a membership agreement, the completion and submission of the form available online represents an offer to conclude a membership agreement for a minimum term of twelve months. This offer will be deemed accepted when the studio for which the potential member submitted the online application sends the confirmation email.

You have the right to withdraw from an agreement concluded online within two weeks from the date of conclusion without giving any reasons in writing or in text form. If the withdrawal is effective the studio will refund the member all payments already made. Comprehensive withdrawal instructions are reproduced and published on the website under the relevant online contract application. When submitting the offer to conclude a membership agreement, the potential member must confirm online that he or she has been made aware of the withdrawal instructions. The confirmation email includes both the withdrawal instructions and a withdrawal form template, which the member may use but is not obligated to do so.

1.2 Scope of service

In return for the agreed fee, the studio allows the member to use the services specified in the membership agreement during the official opening hours, which are published on a notice board in the studio. Only persons with a valid membership are permitted to use the studio facilities.

1.3. Additional services

The studio may request further fees or costs to be paid for products and services offered additionally, such as the shower facilities, if and when used by the member.

1.4. Teenagers

Teenagers under the age of 18 may only become members with the consent of their parent or legal guardian. Their consent will be replaced by the member’s own consent once he or she reaches the age of 18. The training of members who are under 16 is only permitted if a parent or legal guardian is present.

 

2. MEANS OF ACCESS

2.1. Authorisation to access the studio

After becoming a member, a means of access (membership card or membership wristband) will be given to the new member, which will allow him or her to access the studio. Without this means of access the studio may refuse the member access to the studio and the use of any additional services booked by the member if he or she is unable to show any other form of identification and prove that a valid membership exists.

2.2. First issuance fee

A fee of EUR 19.90 is charged the first time the means of access is issued.

2.3. Handling the means of access

The member must ensure that the means of access is kept safe and secure; in the event of loss of the means of access the studio must be informed without delay. When a means of access is reported lost any payment function installed on it will be blocked.

2.4. Non-transferability of membership rights

The studio membership is strictly non-transferable. The member undertakes to only use the means of access provided to him or her for personal use and to not pass it on to any third parties. If the member fails to comply with this requirement, i.e. if the means of access is passed on knowingly and intentionally to a third party by the member, the studio may demand from the member the payment of a contractual penalty of EUR 50.00 for each incident of non-compliance without having to provide any proof of loss. The assertion of further rights arising from a breach of this nature, including in particular a claim for further damages and the extraordinary termination of membership, remains unaffected. A prior warning is not required. The member is entitled to prove that the studio did not suffer any loss or that the loss suffered was considerably less.

2.5. Reissuing the means of access

Any reissue of the means of access necessitated by its loss or damage for which the member is to blame will be subject to an activation fee of EUR 19.90 per incident. The member is entitled to prove that the studio did not suffer any loss as a result of reissuing the means of access or that the loss suffered was considerably less.

2.6 Cashless payment with the means of access

The studio has the right to introduce cashless payment for all products and services which are offered by the studio in addition to the contractually agreed services. If the studio introduces this payment method, the member may only be able to use the products and additional services offered by way of a cashless transaction using the means of access. The studio may set an upper credit limit and an upper limit for each individual top-up and may define the method of implementation of the payment options. During the term of the agreement, the member may request the credit amount on the member’s means of access to be paid back into his or her current account at any time. The member has no claim to partial repayments or to a cash refund of his or her credit. Any credit available on the means of access at the end of the contract term will be paid back into the member’s current account unless the member is in arrears on payment obligations under the agreement. Should this be the case, the studio has the right to claim the remaining credit by way of set-off.

 

3. USE OF THE STUDIO

3.1. House rules

Any member using the studio must comply with its house rules. The house rules include in particular provisions on the permitted use of the equipment and the studio and on respecting other members’ rights. The staff are authorised to give instructions on a case by case basis where this is necessary to ensure that the studio runs in an orderly fashion, that safety and order are maintained and that the house rules are complied with. Members must follow the instructions.

3.2. Use of lockers

Lockers are provided in the studio. Members may use the lockers only when they are present in the studio. The studio is entitled to open and clear out any occupied lockers used by members when they are not actually in the studio.

3.3. Use of customer parking spaces

Members may use the customer parking spaces provided by the studio only when they are actually in the studio. The studio is entitled to issue parking cards which must be clearly and visibly displayed in the vehicle by the member. The studio is entitled to have cars towed away at the member’s expense which are parked in parking spaces without the member being in the studio or without a parking card displayed in the car.

 

4. OBLIGATIONS OF THE MEMBER

4.1. Accompanying persons

Only with the studio’s prior express consent may members be accompanied by other persons, including children. No animals are allowed in the studio.

4.2. Breaching the rules of conduct

Members are obligated to properly comply with the house rules and follow the rules of conduct in accordance with these Terms and Conditions. If, despite a warning, a member repeatedly breaches secondary contractual obligations arising from his or her membership, the studio has the right to extraordinarily terminate the membership agreement.

4.3. Change of personal details

Any change to information relevant to the agreement, such as name, address, bank account, etc. must be notified to the studio without delay. Any costs which the studio may incur because of the member’s failure to inform the studio without delay of such changes must be borne by the member.

 

5. MEMBERSHIP FEES AND LATE PAYMENT

5.1. Membership fee due date

The agreed membership fee and any lump sums for the first issue of the means of access and for administrative and other services arise when the membership agreement is concluded. If it has been agreed with the member that the membership fee should be paid in advance as a single sum, the fees must be paid to the studio within seven days of the date of conclusion of the agreement. If no single payment has been agreed, the member may pay the membership fee to the studio in twelve equal monthly instalments. The monthly membership fees must then be paid in advance on the first day of each month for that calendar month (partial payment period). The fee for the means of access and the administrative fee must be paid to the studio together with the first payment of the membership fee. The service charge for the first half of the contract year will be due for payment together with the sixth monthly instalment; the service charge for the second half of the contract year will be due for payment together with the twelfth instalment.

5.2. Costs for returned payments

If the studio has been issued a direct debit mandate, the member and a potential other account holder must ensure that sufficient funds are kept in the specified current account at the time of the debit to cover the amount payable. If the amounts due cannot be taken from the account, any costs arising from this, i.e. any bank charges for returned direct debits, must be borne by the member.

5.3. Late payment

In the event of late payment, the studio reserves the right to charge dunning costs and interest on arrears in accordance with the statutory provisions and to exercise the right to temporarily withhold performance. The member will also have to bear any costs of any appropriate legal action taken.

5.4. Calling in the remaining balance

If it has been agreed that the membership fee should be paid in instalments (section 5.1 above) and if the member has culpably fallen in arrears with more than two of the monthly instalments, the total amount and all lump sums payable by the end of the contract term will fall due immediately. The same applies in the event of the extraordinary termination of a membership agreement by the studio for good cause, in particular as per sections 4.2., 6.4. and 7.2.

5.5. Offsetting and retention prohibition

The member may only offset claims or assert rights of retention against the studio which are undisputed or have been adjudicated and found to exist by res judicata court judgment.

 

6. TERM OF MEMBERSHIP, SUSPENSION

6.1. Initial term

The membership agreement’s initial term is twelve months unless agreed otherwise. The term begins on the agreed date of commencement of the membership. This also applies if the member has been granted early access to the studio.

6.2. Extension of the agreement

If the membership agreement is not terminated by the member or the studio by giving notice of at least 3 months prior to the termination date, the agreement will be extended for another 12 months.

6.3. Further extension of the agreement

If the agreement is extended after its initial term has ended (see section 6.2), the membership may be ordinarily terminated by either party giving notice of at least 3 months before the end of the renewal period. If neither party gives notice of termination to take effect at the end of the membership agreement’s extension period, the membership agreement will be again extended for a further 12 months, with each renewal period being subject to a minimum notice period of 3 months for both contracting parties.

6.4. Extraordinary termination

The membership agreement may be terminated early by either party for good cause. A new place of residence of a member does not justify a right to extraordinary termination. In the event of termination due to illness, the contractual relationship will end only upon receipt of a doctor’s note certifying the member’s permanent incapacity for sport.

6.5. Suspension of membership

Instead of extraordinary termination of the membership agreement, it may be suspended for a specific period of time to be agreed beforehand by the parties. Periods of suspension will not be considered part of the agreed term of contract, i.e. the term of the agreement will be extended by the period of suspension.

6.6. Form

Notice of termination must be given to the studio in text form, indicating the name and membership number. The date when the notice of termination is received by the studio is the decisive date for determining its timely submission. Notice of termination which cannot be clearly assigned to a specific member will be deemed not received.

 

7. SUBSTANCES PROHIBITED IN THE STUDIO

7.1. Prohibited substances

Smoking is not permitted in the studio, nor may alcoholic beverages or narcotic drugs be consumed. Members are also not allowed to bring any prescription drugs to the studio except where they have been prescribed by a medical practitioner for the member’s personal use, nor are they allowed to bring any other substances to the studio which are intended to enhance the member’s physical performance (e.g. anabolic steroids). Similarly, members are prohibited from offering such substances to third parties in the studio, either for payment or free of charge, and from supplying or disposing of them or making them accessible to third parties in any other way. If there is a good reason for bringing a prescription drug to the studio which has not been prescribed by a medical practitioner for the member’s personal use, the member must hand the drug over to the reception desk for safekeeping on entering the studio.

7.2. Consequences of misconduct

If the member fails to comply with the requirements laid down in section 7.1, i.e. if the member knowingly and intentionally consumes prohibited substances in the studio or supplies third parties with such substances, the studio may demand from this member the payment of a contractual penalty of EUR 150.00 for each incident of non-compliance without having to provide any proof of loss. The assertion of further rights arising from a breach of this nature, including in particular a claim for further damages and the extraordinary termination of membership, remains unaffected. A prior warning is not required. The member is entitled to prove that the studio did not suffer any loss or that the loss suffered was considerably less.

 

8. LIMITATION OF LIABILITY

The studio accepts no liability for loss of or damage to any clothing, valuables or money brought into the studio unless the cause of such loss or damage is gross negligence or an intentional act or omission on the part of the studio. The studio accepts no liability for acts or omissions which constitute ordinary negligence. This does not apply to losses arising from injury to life, body or health or from the breach of fundamental contractual obligations which were caused by a negligent breach of an obligation by the studio or one of its vicarious agents. Fundamental contractual obligations are those obligations the performance of which actually enables the proper implementation of the contract and upon the observance of which the other party should be entitled to rely.

 

9. DATA PROTECTION

9.1. Storage of data

Personal data of members (including their photos) are collected, stored, processed and used by the studio itself or by a service provider bound by the studio’s instructions in the context of the purposes of this contractual relationship and, where necessary, in the context of solving crimes. When members enter the studio, the date and time of entry and the member’s membership number are recorded. The studio stores these data for up to three days. The recorded data are also used, in an anonymised form, for the purpose of optimising the training conditions in the studio.

9.2. Video surveillance

In compliance with the requirements of the German Data Protection Act (Bundesdatenschutzgesetz) and respecting the personality rights of the members, the studio reserves the right to monitor parts of the studio using CCTV and store the recordings to the extent that and for such period as is required and permitted by law in each individual case. Signage is in place in the studio to inform members of the fact that video surveillance is taking place and who is responsible for it.

 

10. FINAL PROVISIONS

10.1. Amendments to these T&Cs

The studio has the right to amend these Terms & Conditions with effect for the future. The amendments will become effective as and when the studio notifies the member thereof, the member is able to take note of them and the member raises no objections to them within two weeks of receipt of the notification of amendments. If the member objects to the amendments, the studio has the right to terminate the membership agreement with effect from the end of the last day of the respective month.

10.2. Invalidity of individual provisions

Should one or more provisions of this agreement be or become invalid, the validity of the agreement and its remaining provisions shall not be affected thereby.

10.3. Participation in dispute resolution proceedings

The studio not obligated to implement dispute resolution proceedings in accordance with the German Consumer Dispute Resolution Act (VSBG) and does not participate in such proceedings.

(As at: 02/2018)

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