GENERAL TERMS AND CONDITIONS
§1 General – Preamble / Scope of Application Personal Training comprises an individually designed sports training and health service tailored to the needs and physical abilities of the client, carried out in several training sessions prepared and personally supervised by the Personal Trainer (hereinafter also referred to as “training session” or “TS”). These General Terms and Conditions (hereinafter referred to as “GTC”) apply to all bookings of services that you (hereinafter referred to as the “Client”) make with me, Mr. Christian Schneider (hereinafter referred to as the “Personal Trainer”). The Personal Trainer performs the activity as a freelance service and not as a commercial activity, such as that of an operator of a sports school or fitness studio. The status is that of private coaching. These GTC also apply to users of vouchers. The most current version of the General Terms and Conditions shall apply. §2 Subject Matter of the Contract You conclude a service contract with the Personal Trainer for the respective service booked by you, which can be viewed in detail on my website at https://www.schneider-fitness.de/coaching/ under the section “Coaching”. The Personal Trainer is obliged to provide individual consultation and supervision to the Client within the scope of the agreed services. Trial sessions, individual sessions, coaching, training and nutrition plans, or discounted combination packages may be booked. These are individually assembled only after consultation with the Personal Trainer. The contract may be concluded for one or multiple training sessions and may be extended as desired. A training session generally lasts 60 minutes. A training session may also be set to be longer or shorter if necessary. Changes may only be made with the consent of the Personal Trainer. The type, scope, and location of the training session are individually agreed upon with the Client. The content and objectives of the training are agreed upon in advance during a consultation. §3 Form The service contract for Personal Training is concluded verbally. Written form is only required upon agreement and consent regarding content and form with and by the Personal Trainer. The GTC governing the contractual relationship are provided in writing by the Personal Trainer and made available to the Client for review. By signing, the Client acknowledges and accepts the GTC. §4 Medical Health Check Regardless of the fitness check conducted by the Personal Trainer at the beginning of the first training package, the Client is obligated, if required and/or upon recommendation of the Personal Trainer, to have their health condition examined by a physician of their choice (medical health check / certificate of fitness). The result must be discussed personally, openly, and truthfully with the Personal Trainer. Furthermore, by signing, the Client confirms the accuracy of the information provided in the liability waiver, which has been discussed or documented with the Personal Trainer. §5 Subsequent Changes in Health Condition The Client is obligated to immediately, personally, and truthfully inform the Personal Trainer of any changes in health condition occurring after the conclusion of the contract, as well as any physical complaints of any kind, particularly during a training session. §6 Scheduling All training sessions and training times are agreed upon in advance exclusively by arrangement with the Personal Trainer, either in writing or verbally. In the event of failure to appear at an agreed training appointment, the fee for the agreed training session(s) will be charged. Cancellation due to illness or other reasons must be communicated to the Personal Trainer at least 24 hours before the scheduled training appointment. If this deadline is not met, the agreed fee shall be due. An alternative appointment may be arranged if applicable. In the event of cancellation by the Personal Trainer, no claims for compensation may be asserted. Appointments on Sundays and public holidays are only arranged in exceptional cases. The Personal Trainer reserves the right to schedule a training-free vacation period of up to 3 weeks per year. This period must be taken into account in training planning. The exact dates will be discussed with the Client in advance. A preliminary consultation is considered equivalent to a personal training session and will be billed accordingly. If a subsequent booking of the Personal Trainer occurs, the consultation fee will be credited. §7 Payment Terms The Client receives one or more invoices monthly. The invoice amount is payable immediately upon receipt, either in cash or by bank transfer to the account specified on the invoice. Training sessions are billed according to agreement. The price for the respective service is agreed upon in writing. Unless otherwise agreed, the current prices listed on the website apply: https://www.schneider-fitness.de/coaching/ Travel expenses are listed separately on the invoice and charged accordingly. Any additional costs arising from the selected sports activities (e.g., sports halls, fitness centers, swimming pools, sports facilities, etc.) must be borne in full by the Client. Discounts may only be granted by the Personal Trainer. In the event of late payment, default interest will be charged. §8 Confidentiality The Personal Trainer is obligated to treat all personal data of the Client confidentially. §9 Duty of Care Prior to the start of a training session, the Personal Trainer is obligated to check the Client’s training-appropriate clothing and equipment and to instruct the Client on the upcoming training, associated specific risks (new/unknown fitness or training equipment/exercises, etc.), and special circumstances (route planning for outdoor activities, etc.). During the training session, the Personal Trainer is obligated to monitor the Client’s training behavior and correct it if necessary. §10 Liability of the Personal Trainer The diagnostic questionnaire must be fully completed before the start of a training session, coaching, or the creation of training and nutrition plans. This is mandatory to avoid health risks. As a Personal Trainer, I am subject to confidentiality obligations. Any liability for property damage and/or personal injury towards the Client is excluded unless caused by gross negligence or intentional breach of duty, including by vicarious agents. This limitation of liability applies to both contractual and non-contractual claims. Beyond the provision of the agreed services, no liability is assumed for failure to achieve the objective pursued by the Client when entering into the contract. The Client is responsible for obtaining their own insurance coverage for accidents and injuries that may occur during Personal Training. The same applies to direct travel to and from the training location. No liability is assumed for general risks (e.g., sprains, colds, soiled or damaged clothing, etc.) associated with the chosen sport or training method. Any resulting property or personal damage must be borne by the Client. A business liability insurance policy exists to cover potential statutory liability claims by the Client. §11 Liability of the Client The Client is liable for personal injury, property damage, and financial loss caused to the Personal Trainer intentionally or through gross negligence. The Client is also liable for damage intentionally or grossly negligently caused to equipment provided by the Personal Trainer for training purposes. This includes damage caused to third parties through intentional or grossly negligent actions. §12 Contract Termination / Cancellation The contract may be terminated in writing by either the Client or the Personal Trainer without stating reasons. Termination must occur at least two weeks before the middle or end of the month. Outstanding or unpaid invoices must be settled. In the event of a breach of duty by the Client, the Personal Trainer reserves the right to terminate the contract with immediate effect. §13 Image, Video, and Audio Recordings Image, video, and audio recordings made in any form during Personal Training or Client supervision may be used for public and promotional purposes unless expressly objected to in writing. §14 Right of Withdrawal for Consumers Right of Withdrawal Consumers have a right of withdrawal in accordance with the following provisions. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. Withdrawal Policy You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract. To exercise your right of withdrawal, you must inform us: CSF-Fitness Christian Schneider Guttenberger Str. 7 97082 Würzburg Germany Email: info@schneider-fitness.de by means of a clear written statement (letter or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form, but it is not mandatory. To meet the withdrawal deadline, it is sufficient that you send your notification of exercising the right of withdrawal before the withdrawal period expires. Consequences of Withdrawal If you withdraw from this contract, we shall reimburse all payments received from you without undue delay and at the latest within fourteen days from the date on which we receive notification of your withdrawal. We will use the same means of payment used for the original transaction unless expressly agreed otherwise; in no case will you be charged fees for this reimbursement. If you requested that the services begin during the withdrawal period, you must pay an appropriate amount corresponding to the proportion of services already provided up to the time you informed us of exercising your right of withdrawal compared to the total scope of services provided for in the contract. §14 Withdrawal Form – Model Withdrawal Form (If you wish to withdraw from the contract, please complete and return this form.) To: CSF-Fitness Christian Schneider Guttenberger Str. 7 D-97082 Würzburg Email: info@schneider-fitness.de I/We () hereby withdraw from the contract concluded by me/us () for the purchase of the following goods () / the provision of the following service () Ordered on () / received on () Name of consumer(s) Address of consumer(s) Signature of consumer(s) (only if notification is on paper) Date (*) Delete as applicable. End of Terms & Conditions and Withdrawal Policy