TERMS OF SERVICE

§ 1. General
All services are fully subject to the following agreement, provided these have not been supplemented or modified by other individual agreements.

§ 2 Subject of the Service
I. shape up be happy undertakes to provide individual advice and support to clients as part of the agreed training and health advice.
II. Shape up be happy carries out the activity as an independent activity. A business registration is available.
III. The terms and conditions also apply to users of training vouchers. The latest version of the General Terms and Conditions applies.

§ 3 training
I. Before the start of the training, the contents and goals of the training are agreed with the client in a consultation. In addition, the type, scope and location of the training units are discussed with the client.
II. The duration of a personal training unit is 60 minutes or longer. Shorter training units must be expressly agreed. If the client interrupts the training unit before the agreed training duration has expired, no reimbursement of costs or time credits is possible.
III. shape up be happy is also available outside of training times by phone and email as part of the agreed advisory and support measures. A claim to constant availability cannot be derived from this.

§ 4 terms of payment
I. The client receives a written invoice from shape up be happy, which is to be paid immediately without any deductions.
II. The training units are fully billed in advance.
III. The price of the respective training unit results from the current price list.
IV. Travel costs will be billed separately if the training takes place outside of Munich.

§ 5 Further services
I. If additional costs arise due to the desired sports (e.g. for sports halls, fitness centers, indoor swimming pools, sports facilities, etc.), these are to be borne in full by the client.

§ 6 liability
I. The anamnesis sheet must be completed in full before the start of the first training session. In order not to endanger your health, this is mandatory. As a personal trainer, I am bound by confidentiality.
II. In relation to the client, shape up be happy excludes any liability for property damage and / or personal injury that was not caused by a grossly negligent or willful breach of duty, including by any vicarious agents. Both contractual and non-contractual claims are affected by the above limitation of liability.
III. shape up be happy is not liable beyond the performance of its owed service for any failure to achieve the purpose pursued by the client when entering into the contract.
IV. If the client makes use of the services of cooperation partners or other companies or persons mediated by shape up be happy, he does so at his own risk. shape up be happy assumes no responsibility or guarantee for goods or services that the client has received from them.
V. The client is responsible for taking out insurance against accidents and injuries that may occur during personal training. The same applies to the direct route to and from the training location.
VI. shape up be happy is not liable for general risks (e.g. sprains, colds, soiled or damaged clothing, etc.) associated with practicing the desired sport or training method. Any damage to property or personal injury resulting from this must generally be borne by yourself.
VII. In order to meet any statutory liability claims of the client, shape up be happy has a business liability insurance policy.

§ 7 Prevention
I. In order to enable effective training, please start training on time.
II. If he is unable to attend, the client must cancel as soon as possible, but no later than 24 hours before the start of the training. Otherwise, the agreed fee for the booked training unit will be charged in full. shape up be happy is not obliged to make up for a late start of a training session that is not your own fault.
III. If the implementation of a training unit is too dangerous or impossible due to unforeseeable circumstances (e.g. weather conditions, accident, etc.), the training unit may take place indoors or will be postponed by arrangement. The decision about the implementation is made by mutual agreement with the client.

§ 8 Claims for Compensation
I. If a training session is canceled at short notice by shape up be happy, no claims for compensation can be made. Training units that have already been paid for will be credited.

§ 9 data protection
I. The personal data of the clients are saved by shape up be happy and used exclusively for the fulfillment of the aforementioned subject matter.
II. The stored data will be deleted on request, but no later than 24 months after the last booked training unit.

§ 10 confidentiality
I. The client undertakes to maintain secrecy about any business and trade secrets of shape up be happy, even after the termination of the framework agreement.
II. Shape up be happy has to maintain silence about all information of the client that has become known in connection with the fulfillment of the training and support measures, even after the termination of the framework agreement.

§ 11 Start and End of Contract
I. With the signing of the anamnesis sheet and the disclaimer, the contract between the client and shape up be happy is deemed to be legally binding.
II. If the customer is in arrears with a payment by more than 14 days, shape up be happy can terminate the contract extraordinarily. We reserve the right to make further claims.

§ 12 Other agreements
I. Both parties recognize agreements and arrangements for booking training units as binding, provided they have been confirmed by both parties. This applies to all means of communication used, such as telephone, fax or e-mail.
II. If one of the contractual partners cannot be reached in the event of short-term changes (e.g. change of date, location, etc.), the most recently reconfirmed agreement shall apply.
III. Both parties are committed to mutual loyalty and will in no way make negative comments about the person, product or service of the other, or affect their reputation or prestige.

§ 13 Note on measurement methods
I. shape up be happy points out that a risk-free body fat measurement and electronic pulse control can only be carried out if there are no implants with electronic components (e.g. pacemaker) in the body.

§ 14 Fitness for sport
I. The customer assures that he is in good health.
II. The client will inform shape up be happy immediately about any suddenly occurring disturbances of wellbeing (such as dizziness, nausea, pain, etc.) before, during or after the training.
III. If necessary, the customer must ensure that he obtains medical approval for the sporting activities.

§ 15 final provisions
I. Changes, additions and side agreements must be made in writing in order to be effective, unless otherwise specified in these General Terms and Conditions.
II. Should one of the preceding provisions be ineffective or unenforceable, the validity of the remaining provisions remains unaffected. Instead of the ineffective or unenforceable provisions, a suitable, legally effective replacement provision that comes as close as possible to economic success will be agreed by mutual agreement.
Status: 01/01/2019