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General terms and conditions for the Art of Training offer

General terms and conditions of business

1. General

  •         The following general terms and conditions apply exclusively to the business relationship between the personal trainer Nelson Imasuen and the customer (alternatively contractual partner) in the version valid at the time of the service.

  •         Customers within the meaning of § 1 sentence 1 are private individuals, companies and government institutions.

2 Subject of the contract

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

3 Subject of service

  •         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 advice. The concept takes into account the respective needs and physical abilities of the customer.

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

  •         The following services are also offered: (only apply if recorded in writing)

4 Training and appointment scheduling

  •         Before the training sessions begin, there will be a personal consultation with the customer. The content and goals are agreed upon during the conversation. During the consultation, the customer informs the trainer about their health and physical limitations.

  •      The longer training sessions are agreed individually with the customer.

  •         The training sessions take place on the premises of the trainer/client.

  •         The appointments are made exclusively by appointment. The agreed appointment must be canceled at least 24 hours before the agreed time. A fee of 100% of the price of a training session will be charged for missed appointments.

5 Customer Obligations

  •         The customer is obliged to inform the trainer about his fitness for sport without being asked before the start of the training session. If sudden health or mental health problems occur during training, the customer is obliged to inform the trainer immediately.

6 payment terms

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

  •         The invoice must be paid without deductions within 10 days of receipt by the customer.

  •         The following payment methods are currently available:

7 Liability and information

  •         The trainer is generally not liable for any damage suffered by the customer. This does not apply to liability due to a breach of an essential contractual obligation and to liability for damage to the member resulting from injury to life, body or health, nor to damage resulting from an intentional or grossly negligent breach of duty by the trainer, his legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner can regularly rely. The trainer's essential contractual obligation includes, but is not limited to, the services listed in Section 3.

  •         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.

  •         The trainer is not liable for damages caused by the customer's overestimation of their own abilities. If the customer does not follow the trainer's instructions and suffers damage as a result, the trainer's liability is excluded.

  •         The trainer has appropriate public liability insurance.

8 Data protection

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

  •         The details on data protection can be found in the trainer's data protection declaration.

9 Secrecy

  •         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 termination of the contractual relationship between the trainer and the customer.

10 contract duration

  •         As a general rule, 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 continuation of the contract impossible. Only medical certificates will be accepted as proof.

11 Final provisions

  •         Changes, additions and additional 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.

  •         If one of the preceding provisions is ineffective 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.

  •         The place of jurisdiction is determined by the statutory provisions. The law of the Federal Republic of Germany.

  •         If a provision of these General Terms and Conditions is invalid, the effectiveness of the remaining provisions will not be affected.

 

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

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