– Terms –
Personal Training
Scope of application
1.1 Within the scope of the agreed services, Zeki Cizgec or his representative (hereinafter referred to as the service provider) shall prepare a training concept tailored to the customer’s needs and expectations which corresponds to generally recognised sports science knowledge.
1.2 The service provider shall accompany and instruct the customer during the personal training sessions within the scope of the agreed services.
1.3 The service provider may adapt the training concept at any time during the term of the training contract if the customer so requests or in order to take into account new, proven sports science knowledge or if this is necessary in order to comply with the customer’s changed physical fitness.
1.4 Unless otherwise agreed, the agreed services shall be non-transferable.
1.5 The agreed services constitute a time-limited service contract obligation pursuant to Section 611 of the German Civil Code (BGB).
Personal training
2.1 The customer and the service provider shall conclude a training contract to regulate the planning and execution of personal training and/or special services.
2.2 The customer shall inform the service provider immediately of any restrictions to his or her physical fitness that exist prior to the conclusion of the training contract.
2.3 The customer shall answer, truthfully and in full, all questions about his or her current/past state of health and any lifestyle aspects of relevance to training.
2.4 Special services shall be listed individually and in writing in the training contract after consultation with the customer.
2.5 The duration of a personal training session is 55 minutes. Shorter or longer training sessions must be expressly agreed.
2.6 The type, scope and location of each personal training session shall be agreed with the customer. A consultation shall be conducted with the customer in advance to agree the potential content and goals.
2.7 Athletic training may not begin until after an obligatory check-up by the service provider.
Other services
3.1 As part of the agreed service, the customer shall generally be able to contact the service provider by telephone and email outside of training sessions from Monday–Friday between 8am and 10pm. This does not mean that it is always possible to reach the service provider.
Liability
4.1 The service provider shall be liable to the customer only in the case of intent and gross negligence. Liability for third-party fault is excluded. This applies to all damages suffered by the customer in connection with the personal training.
4.2 The customer shall sign an additional disclaimer, which shall be deemed part of the contractual arrangements.
4.3 The service provider shall not be liable for any failure to achieve the purpose pursued by the customer in concluding the contract beyond the performance of the service owed.
4.4 The service provider has taken out professional liability insurance in order to satisfy any legal liability claims on the part of the customer.
4.5 The customer shall be responsible for insuring him- or herself against accidents and injuries that may occur in connection with the agreed service. The same applies to his or her direct route from and to the place where the service is performed.
Payment conditions, term
5.1 The service provider shall receive a fee for the services performed in accordance with Section 2 of these contractual conditions in the amount stated in the respective session package. All prices are final prices. The fee must be paid in full in advance at the beginning of the service.
5.2 The service provider shall issue the customer with a written invoice.
5.3 The current fees shall apply in each case. These are available on request. The service provider reserves the right to change the pricing and undertakes to notify the customer of any changes without delay, in writing or in person, at least four weeks before they come into effect.
Other costs
6.1 If further costs (entrance fees, facility hire etc.) arise due to service specifications requested by the customer, these shall be borne by the customer.
6.2 Any costs for a physician, physiotherapist, nutritionist or similar, who is consulted with regard to aspects pertaining to holistic care, shall be borne by the customer in line with the payment terms of the respective service provider.
6.3 If other services are used (e.g. childcare, training when travelling etc.), separate rates shall be agreed in advance.
6.4 If the service provider buys products (sports equipment etc.) on the customer’s behalf, the goods shall remain the property of the service provider until full payment by the customer.
6.5 Provided the one-way route does not exceed 10km, the service provider’s travel costs are included in the fee. For a journey of more than 10km, €0.75 shall be charged per kilometre travelled.
Inability to attend and cancellation
7.1 If the customer is unable to attend a session, he or she undertakes to cancel as soon as possible, but no later than 24 hours before the start of the session. Otherwise, the agreed fee for the booked service shall be charged in full.
7.2 In the event of illness (proof required) or other absence notified to the service provider in good time, any unused sessions shall of course be rescheduled.
7.3 After prior consultation with the customer, in exceptional cases (illness, holiday etc.) the service may be performed by an equally qualified trainer.
Claims for compensation
8.1 Should the service provider cancel a training session at short notice, no claims for compensation may be asserted. Training sessions already paid for shall be credited.
Termination before the end of the contract
9.1 The customer and the service provider may each terminate the contract with immediate effect. Notice of termination must be given in writing; an email is sufficient.
9.2 If the customer has booked several training sessions and paid for them in advance (e.g. 10 sessions at a discounted price) and cancels the contract before the booked training sessions have been used in full, there shall be no (partial) refund.
9.3 By derogation of Section 9.2, a training package not used or not used in full shall be refunded to the customer in full or on a pro rata basis if the customer cancels the contract before using up all of the training sessions for a compelling reason for which the service provider is responsible within the meaning of Section 314 of the German Civil Code (BGB).
9.4 If the service provider has to terminate the cooperation earlier for unforeseeable reasons, the customer shall be reimbursed for the outstanding units or will be provided with an equivalent substitute trainer. This, however, shall only occur with the customer’s consent.
9.5 After the end of the contract, the right to unused training sessions shall expire.
Data protection
10.1 The service provider shall store the customer’s personal data and use it exclusively for the performance of the aforementioned service.
10.2 The stored data shall be erased upon request, but no later than 24 months after the final training session booked. In all other respects, the provisions of the Federal Data Protection Act apply.
Secrecy
11.1 The customer undertakes to maintain secrecy about any business and trade secrets of the service provider and its partners, even after the termination of the framework agreement.
11.2 The service provider must maintain secrecy regarding all information of the customer of which it becomes aware in connection with the performance of the services, even after the termination of the framework agreement.
Other arrangements
12.1 Both parties shall communicate all information relevant for the fulfilment of the framework agreement and these contractual conditions in good time. This applies to all means of communication used (e.g. telephone, email).
12.2 The service provider shall also be entitled to serve third customers. This shall not require the prior consent of the customer.
12.3 Both parties agree to be loyal to each other and shall not under any circumstances make negative statements about the person or products or services of the other or impair his or her reputation and prestige.
Final provisions
13.1 Unless otherwise stipulated in these contractual conditions, any amendments, additions and ancillary agreements must be made in writing in order to be effective. The written form requirement also applies to a waiver of this formal requirement.
13.2 Should any of the above provisions be invalid or unenforceable, this shall not affect the validity of the remaining provisions. This shall also apply in the event of overall invalidity or nullity. In the event of even partial invalidity, the parties undertake to find a solution that corresponds as closely as possible to the economic intention and to record this in writing in a new contractual document.
13.3 Hamburg is agreed as the place of jurisdiction. The law of the Federal Republic of Germany applies.