1. Adress
1.1. These General Terms and Conditions (GTC) govern the contractual relationship between NHS Personal Training GmbH (hereinafter referred to as “NHS”) and its members (hereinafter referred to as “Members”)
1.2. The object of the contract is the provision of fitness services, in particular participation in 2 to 4 training sessions per week under the supervision of a personal coach. Appointments are made subject to availability.
1.3. Unless otherwise agreed, the GTC shall apply in the version valid at the time of the customer’s booking or in any case in the version last communicated to the customer in text form.
1.4. These GTC shall apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the customer shall only become part of the contract if and to the extent that NHS expressly agrees to their validity. This requirement of consent shall apply in any case, for example, even if the customer refers to its General Terms and Conditions in the context of the order and NHS does not expressly object to this.
1.5 German law shall apply. For consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the country of the consumer’s habitual residence is not withdrawn (favorability principle).
2. Contract term, extension and termination
2.1. The contract is concluded for a minimum term of four (4) months. Ordinary termination is excluded during this period.
2.2. After expiry of the minimum term, the contract is extended indefinitely unless it is terminated with one (1) month’s notice to the end of the month.
2.3. Notices of termination must be in text form (e.g. e-mail or fax).
2.4. Extraordinary termination by the customer is possible if:
• a medical certificate attests to a permanent inability to exercise or
• the customer moves permanently more than 30 km away from their current place of residence. Appropriate proof (e.g. registration certificate) is required.
2.5. NHS may terminate the contract with two (2) weeks’ notice if the business is shut down in whole or in part.
3. Remuneration and terms of payment
3.1. The amount of the membership fee is regulated in the individual contract.
3.2. All prices include statutory value added tax.
3.3. The membership fee is due monthly in advance. Payment is made by SEPA direct debit, unless another payment method has been expressly agreed.
3.4. The customer undertakes to ensure that the specified bank account has sufficient funds.
3.5. Chargebacks:
• If a direct debit is returned for reasons for which the customer is responsible, the customer shall bear the resulting costs.
• NHS is entitled to charge a processing fee of EUR 10 per returned direct debit.
3.6. Delay:
• If the customer is in arrears with more than one monthly fee, NHS may block access to the training services until all fees due have been paid.
• In addition, NHS is entitled to terminate the contract without notice if the customer is more than two months in arrears with payment.
4. Training times and making appointments
4.1. The training sessions take place between 07:00 and 20:00 depending on the trainer’s availability.
4.2. Appointments must be made at least one week in advance.
4.3. Cancellations must be made no later than 24 hours before the appointment. In this case, an alternative date will be agreed. If there is no availability or in exceptional cases, the customer will be reimbursed.
4.4. Failure to cancel in good time will result in no entitlement to a refund or make-up.
5. Updating the nutrition and training plans
5.1. NHS offers customers the creation of individual nutrition and training plans.
5.2. Adjustments to the aforementioned plans are made according to the trainer’s availability and are a voluntary additional service. There is no entitlement to a specific type, frequency or quality of adjustments.
5.3. NHS accepts no liability for the success of the measures. Implementation is the sole responsibility of the customer.
6. Transferability of training units and membership
6.1. Training sessions to which the customer is entitled per week under the agreement must always be used within the respective calendar week. A calendar week begins on Monday and ends on the following Sunday. If a session is not attended by the member within the relevant week, the entitlement to this training session shall lapse, unless the member makes use of the opportunity to make up for it within the following week at the latest, following prior consultation with NHS.
6.2 In addition, the member is permitted to carry over a maximum of two unused units per month to the following month. The transfer requires timely coordination with NHS and is subject to available training capacity. Units carried over from the previous month must be used by the end of the following month at the latest, otherwise they expire. Any further accumulation or transfer of training units beyond the following month is excluded.
6.3 NHS is not obliged to provide additional alternative dates if the member misses their training sessions without canceling in good time or without a valid reason. For organizational reasons, it is the member’s responsibility to contact NHS in good time to arrange available time slots.
6.4 A transfer of membership to third parties is excluded.
7. Health status and liability of the customer
7.1 NHS assumes no responsibility for the health suitability of the customer to participate in the training.
7.2 The customer confirms that they have independently checked their state of health before commencing training. In case of doubt, a medical check-up is recommended.
8. House rules and terms of use
8.1. The customer is obliged to comply with the contractual provisions and the house rules announced by NHS in the currently valid version. The instructions of NHS staff must be followed in all cases.
8.2. If a customer disregards the house rules or instructions from staff, NHS is entitled to terminate the contractual relationship extraordinarily after issuing a warning. Irrespective of this, an immediate extraordinary right of termination applies in particularly serious cases of misconduct or for good cause, if even waiting for a change in behavior after a warning is unreasonable.
9. Data protection
9.1 NHS processes members’ personal data in accordance with the applicable data protection regulations, in particular the GDPR. Data processing is carried out to establish, execute and terminate the membership contract and to fulfill legal obligations. The data will only be passed on if the customer has consented to the transfer or if this is necessary for the execution of the contract or to comply with legal requirements.
9.2 Further information on the type, scope and purpose of data processing can be found in the separate privacy policy.
10. Liability
10.1. NHS is liable without limitation for personal injury and for damage caused by intentional or grossly negligent behavior.
10.2. In the event of slight negligence, NHS shall only be liable for breach of material contractual obligations (cardinal obligations). In such cases, liability shall be limited to the typically foreseeable damage.
10.3. NHS accepts no liability for the loss of valuables. It is recommended that you do not bring any valuables with you.
11. Obligations of the customer
11.1. The customer is obliged to use the equipment in accordance with the instructions of the staff.
11.2. NHS is not liable for injuries or damage caused by improper use of the devices. An introduction to the operation of the equipment can be provided at any time on request.
11.3. Customers are expressly advised not to bring any valuables with them. NHS accepts no liability whatsoever for any valuables brought in. The provision of lockers does not constitute any obligations, in particular no monitoring obligations on the part of NHS with regard to the items brought in.
11.4. Damage to equipment or facilities as well as accidents must be reported to the staff immediately. In the event of willful damage or grossly negligent behavior, the customer is liable for the damage incurred.
11.5. Accompanying persons, including children, are not permitted in the training area.
11.6. The consumption of alcoholic beverages and the bringing of food is prohibited. Food may only be consumed outside the training area.
12. Force majeure
12.1. If NHS is unable to provide its services due to force majeure, the mutual obligations shall be suspended for the duration of the disruption.
12.2. If the circumstances of the suspension of the mutual performance obligations last longer than four weeks, both parties are entitled to terminate the contract extraordinarily.
13. Amendments to the GTC
13.1. NHS reserves the right to amend the GTC if this is necessary in order to comply with changed legal requirements or operational requirements.
13.2. The customer shall be notified of changes in text form and shall be deemed to have accepted them if the customer does not object within four weeks of receipt.
13.3. In the event of an objection, both parties have the right to extraordinary termination.