General Terms and Conditions (T&Cs) – Online Contract Conclusion
This is a courtesy English translation. The German version is the legally binding original, and, per Section XVI below, German is the exclusive contract language for any membership concluded with us.
I. Note on language Where the contractual terms or the following T&Cs use the masculine or feminine grammatical form, this is done purely for linguistic simplicity. The provisions apply equally to persons of all genders.
II. Scope of application The following General Terms and Conditions apply to all contracts between GymEdge GmbH, represented by managing director Anna-Lena Haltermann, Hamburger Allee 140d, 19063 Schwerin, email: schwerin@gymedge.de (hereinafter referred to as the "Studio") and consumers (hereinafter referred to as "Users"), concluded as part of a contract via the Studio's online offering. A consumer within this meaning is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession (statutory definition under Section 13 BGB).
III. Contracting party In the event a contract is concluded, the User's contract is formed with the following company: GymEdge GmbH, represented by managing director Anna-Lena Haltermann, Hamburger Allee 140d, 19063 Schwerin, email: schwerin@gymedge.de
IV. Place of performance As part of its online offering, the Studio offers the User various contract options (fixed-term fitness contracts, EGym equipment training, solarium & massage lounger packages, drink subscriptions), whose respective service contents are described in section V of these T&Cs, and which can only be used at, or must be collected at, the Studio's business premises at the following address: Studio address: Hamburger Allee 140d, 19063 Schwerin
V. Contract offers and service descriptions 1. Fixed-term contracts The Studio offers the User the conclusion of fixed-term contracts, which initially run for the duration chosen by the User and are then automatically renewed unless terminated beforehand by either contracting party subject to a notice period. The terms, renewal periods, and notice periods of the fixed-term contracts are set out in section V.1.e of these T&Cs and are also displayed during the ordering process. Fixed-term contracts include the following Studio services:
a. Starter package The price for the starter package is payable once and includes a body composition assessment, the subsequent creation of a training plan tailored to the customer's individual needs based on that assessment, and a subsequent induction into the training equipment.
b. Training plan update The six-monthly training plan update gives the customer the option, after every 6 months, to book a 60-minute personal training session and have a new training plan created individually, based on their training progress.
c. Chip card The price for issuing the chip card is payable once and includes, upon conclusion of the contract, programming with the customer's personal and training-related data. The chip card is handed to the User for further use. The User can use the chip card to store their training plan and training progress, and can also use it to lock the lockers in the changing room.
d. Ongoing usage options The ongoing monthly usage fee entitles the User to use the following Studio services during opening hours: - Use of the strength training equipment - Use of the cardiovascular equipment - Use of the free weights and functional training area - Training advice on the training floor - Use of the changing rooms, showers, and sanitary facilities - Use of the car park while at the Studio The Studio's current opening hours are published on the Studio's website. Currently the Studio's opening hours are between 6:00 am and midnight.
e. Term / renewal periods / notice periods Fixed-term contracts each run for the contract term selected by the User in the selection menu, beginning on the date of contract conclusion. From this start date, the contract initially runs for the selected duration – either for an indefinite period from the outset, or for an initial term of 12 or 24 months. If the User has chosen the "cancellable monthly" term option, the contract runs for an indefinite period from the outset and can be terminated at any time in text form subject to one month's notice. If the User has chosen the 12- or 24-month term option, the contract is renewed for an indefinite period after expiry of the selected initial term, unless terminated in text form subject to one month's notice before expiry of the selected initial term. If the contract is not terminated, or not terminated in time, it is renewed for an indefinite period and can then be terminated at any time in text form subject to one month's notice.
f. Due dates for fees The one-time fee for the starter package and the chip card is due on the day the contract is concluded. The ongoing monthly total fees are due for payment in advance on the 1st of each month, for the first time on the first of the month following the stated contract start date, unless the agreed contract start date is itself the first of a month, in which case the first monthly amount is due on the day the contract begins. The cost of the training plan update is due for the first time after 6 months have elapsed, on the calendar day of the month that numerically corresponds to the calendar day of the agreed contract start date, and thereafter every further 6 months on the calendar day that numerically corresponds to the calendar day of the agreed contract start date. If, during the agreed initial term, the User culpably falls into arrears with more than 2 monthly amounts, all outstanding fees up to the next possible contract end date become immediately due for payment.
2. EGym circuit, drink subscription, solarium, massage loungers
a. EGym circuit Where selected, the eGym option entitles the User to use the eGym circuit provided by the Studio, whose equipment enables electronically controlled training.
b. Drink subscription The drink subscription entitles the User to consume water and mineral drinks from the designated drink dispenser in unlimited quantity during training hours. Taking these drinks off-site or passing them on to third parties is not covered by the drink subscription, nor is consumption of the drinks offered separately in the bistro area.
c. Solarium If the User has selected the solarium service, they are entitled to use a sunbed for up to 10 minutes per day during staffed hours.
d. Massage loungers If the User has selected the massage lounger service, they are entitled to use it for up to 10 minutes per day.
e. Due dates for fees The fees for the services listed under item 2 are due for payment monthly together with the total fee under section V.2.
VI. Costs and VAT / possibility of price adjustment 1. All fees charged for the various offers are displayed during the ordering process. All amounts include the statutory VAT, currently 19 percent.
2. If the consumer price index for Germany officially determined by the Federal Statistical Office (CPI, base 2015 = 100 points) has changed upward or downward by more than 5% since the conclusion of the contract or the date of the last adjustment, either contracting party may, by declaration in text form, demand a reasonable adjustment of the amount owed (the membership fee). The amount of the adjustment must be at least half of the CPI change referred to in sentence 1 and may not exceed that change. Regardless of this, the fee increase may not exceed 8% of the agreed fee or its adjustment. The adjustment may first be requested after twelve months have elapsed since the contract was concluded, or, thereafter, since the last adjustment. Otherwise, the adjustment may be requested with effect from the month following receipt of the adjustment request. This provision applies repeatedly where the above conditions are met, calculated from the date of the immediately preceding fee adjustment.
VII. Payment methods All fees can be paid via SEPA direct debit.
VIII. Formation of a contract 1. By fully completing the contract conclusion procedures described under the following two points, the User accepts the contract offers made by the Studio, such that the contract is formed once the respective described procedure has been fully completed. The ordering process differs for the conclusion of fixed-term contracts and for the other contract offers, as described in the following two points.
2. The contract conclusion procedure for fixed-term contracts: a) On the Studio's website, the User reaches, via various buttons (e.g. "BECOME A MEMBER" or "Offer"), an overview page headed "Choose your plan", on which the basic contract contents are shown in bullet-point form.
b) By clicking the "Sign up now" button in the fields shown, the contract conclusion procedure for the selected contract begins.
c) On the following page, all data fields under "Personal Data" and "Payment Information" must be completed with the required data, whereby in the "Payment Information" field the checkbox for consent to the direct debit procedure must additionally be ticked. In addition to their personal data, the User must also enter and create a password for later use.
d) By clicking the "NEXT" field, the User proceeds to the next order step.
e) Before the final click on the order field "ORDER SUBJECT TO PAYMENT", the User must read and take note of the T&Cs, the privacy policy, and the withdrawal policy, and confirm having taken note of them by ticking the T&Cs, privacy, and withdrawal policy checkboxes, confirming they have taken note of all the stated declarations.
f) The contract is formed upon clicking the "ORDER SUBJECT TO PAYMENT" field, and the User subsequently receives a corresponding confirmation by email from the Studio.
g) Before bindingly submitting the order, the User can, after reviewing their details, return to the webpage on which the details are entered by using the "back" button in the internet browser used, and correct any input errors, or cancel the ordering process entirely by closing the internet browser.
h) After completing the ordering process, the Studio sends the contract text immediately as a PDF file. The Studio stores the contract text so that it can also be requested again at any time.
i) Before bindingly submitting their order, the User can at any time return to the previous order page by using the "back" button in the internet browser used, in order to correct any input errors, or cancel the ordering process entirely by closing the internet browser.
3. The contract conclusion procedure for the other contract offers under section V.2 is as follows:
a) After concluding membership, it is possible to select the available "add-on modules" in the MySports app under "STUDIO".
b) After selection, the available services are displayed; by clicking the "SELECT" field it is possible to add flat rates to the membership.
IX. Option to pause membership The mutual performance obligations under this contract may, by mutual agreement, be suspended for a period to be determined in advance where the User demonstrates that they are prevented from attending for good cause (e.g. illness, pregnancy, etc.). In the event of such a suspension agreement, the next possible ordinary contract end date existing at the time of the suspension agreement is postponed by the duration of the agreed suspension period, and the User's payment obligation is suspended during the suspension period. The User's extraordinary rights of termination remain unaffected. A fee of €10 per month applies for the suspension period. The request must be submitted by the member in the MySports app, including supporting evidence, 10 days before the end of the month.
X. Member administration / dispute resolution procedure The Studio's member administration can be reached by email at schwerin@gymedge.de. The Studio does not participate in a dispute resolution procedure before a consumer arbitration body within the meaning of the German Act on Alternative Dispute Resolution in Consumer Matters, and is not obliged to do so. However, the Act on Alternative Dispute Resolution in Consumer Matters requires that we nevertheless refer Users to a consumer arbitration body responsible for them. A responsible consumer arbitration body is: Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, phone +49 7851 795 79 40, fax +49 7851 795 79 41, www.verbraucher-schlichter.de, email: mail@verbraucher-schlichter.de
XI. Warranty rights The statutory warranty provisions apply.
XII. Access medium / non-transferability of membership usage rights
1. Upon concluding a membership, the User receives an access medium in the form of a transponder, which enables them to access the Studio. Without carrying the access medium, the Studio may refuse the User access to the Studio and the use of booked add-on services, unless the User can otherwise identify themselves and it can be verified that a valid membership exists.
2. The access medium must be returned upon termination of the membership.
3. The User is obliged to keep their access medium securely and, in the event of loss, to report the loss to the Studio without delay. Once the loss has been reported, any payment function of the access medium will be blocked.
4. In the event of loss of the access medium, a fee of €25.00 is payable for issuing and setting up a new access medium.
5. The User's usage rights under this agreement may only be transferred with the consent of GymEdge GmbH in text form. The User is therefore obliged to use the membership card exclusively in person and not to hand it over to third parties. For each case of culpable violation, i.e. handing over the access medium to an unauthorised third party, the Studio is entitled to claim a contractual penalty of €50.00 without needing to prove any damage. In the case of continuing violations, the contractual penalty is deemed newly incurred on each Monday of a week. The User remains free to prove that the Studio actually suffered lesser or no damage. The assertion of further rights and claims for damages arising from the violation remain unaffected. In particular, a culpable violation constitutes good cause entitling the Studio to terminate the membership without notice. The same applies to violations of the house rules.
XIII. Unstaffed hours
1. Use of the Studio during unstaffed opening hours is permitted without restriction only from the age of 18. Minors under 18 are permitted to train between 6:00 am and 10:00 pm. Otherwise, please refer to the special notices on training during unstaffed opening hours.
2. During unstaffed opening hours, there is neither training supervision nor training oversight. The Studio is not staffed during this time. This means that during this time neither an induction into the use and operation of equipment can take place, nor is training monitored or supervised by the Studio. Above all, this means that any training accidents or other emergency situations can neither be noticed by the Studio, nor can assistance and corresponding measures be provided or initiated by the Studio. Recommended actions and the contact details of emergency helpers are posted in the Studio. For clarification, the facility may only be used personally by the customer even during unstaffed usage hours. Unstaffed opening hours are: Monday–Friday: 6:00 am–8:00 am; 9:00 pm–midnight. Saturday, Sunday, and public holidays: 6:00 am–10:00 am; 6:00 pm–midnight.
3. The fitness studio undertakes to monitor the training area, entrance area, emergency exits, and till area by video camera during the designated unstaffed hours, section XIII(2) of these T&Cs. The video surveillance serves to protect against burglary, unauthorised access, theft, and criminal damage, and, in the event such offences are detected, to support their prosecution under criminal and civil law. Data is deleted after 48 hours. In the event of an incident, i.e. a burglary, trespass, theft, or criminal damage, the relevant recording is stored until conclusion of any civil or criminal proceedings. The User is informed of their data subject rights (in particular Art. 16–18, 77 GDPR) as part of the privacy policy and the notice posted regarding the video surveillance camera.
XIV. Personal changes
Changes to the User's name, address, and bank details must be notified to the Studio without delay.
XV. House rules / right to give instructions / lockers
1. The Studio provides lockable lockers. Lockers may only be used by the User while they are present at the Studio. The Studio is entitled to open and clear out occupied lockers if they are also used outside the User's attendance times.
2. The posted house rules otherwise apply. The house rules are posted in every fitness studio. Staff present are entitled to give instructions insofar as this is necessary to maintain the orderly operation of the Studio, order and safety, or compliance with the house rules. Such instructions must be followed.
XVI. Contract language
German is the exclusive contract language available.
XVII. Place of jurisdiction
The place of jurisdiction for claims against the Studio is the court district of Schwerin.
XVIII. Applicable law
1. The relationship between the contracting parties is governed by the law of the Federal Republic of Germany.
2. For consumers, this choice of law applies only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the state in which the consumer has their habitual residence.
XIX. Right of withdrawal / withdrawal policy / model withdrawal form 1. Consumers have a right of withdrawal on the following terms, whereby a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.
Withdrawal policy / right of withdrawal You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day the contract was concluded. To exercise your right of withdrawal, you must inform us Name: ______________________________ Street: ______________________________ Postcode and city: ______________________________ Email: ______________________________ by means of a clear declaration (e.g. a letter sent by post, fax, or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form, although this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your communication regarding the exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal If you withdraw from this contract, we shall reimburse to you all payments received from you, including delivery costs (with the exception of the supplementary costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we received notice of your withdrawal from this contract. We will use the same means of payment for this repayment as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees as a result of this repayment. If you requested that the services should begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided until you informed us of the exercise of the right of withdrawal in respect of this contract, compared with the total scope of services provided for in the contract. End of the withdrawal policy
2. Model withdrawal form (If you wish to withdraw from the contract, please fill in this form and return it.) To: GymEdge GmbH, Hamburger Allee 140d, 19063 Schwerin, or by email to: schwerin@gymedge.de I/we (*) hereby give notice that I/we (*) withdraw from my/our (*) contract for the provision of the following services: ______________________________ Contract concluded on (*): ______________________________ Name of consumer(s): ______________________________ Address of consumer(s): ______________________________ Signature of consumer(s) (only if this form is notified on paper): ______________________________ Date: ______________________________ (*) Delete as applicable.