General Terms & Conditions
1 General information
For the business relationship between the personal trainer (hereafter: “trainer”) and the customer (hereafter: “customer”), the following General Terms and Conditions of Business apply exclusively in the version valid at the time of the service.
Customers within the meaning of § 1 p. 1 are private individuals, companies as well as state institutions.
2 Subject of the contract
The subject of the contract is an individual consultation and support of the customers within the scope of the agreed training and health consultation.
3 Subject of performance
The trainer offers the customer a concept that is optimally tailored to the customer. The concept contains various recommendations regarding the training content, choice of sportswear and nutritional advice. The concept takes into account the customer’s individual needs and physical abilities.
The trainer guarantees the customer an individual consultation. The customer is personally supported by the trainer.
The following services are offered additionally:
Based on an individual one-to-one training with one-to-one supervision. Consultant, motivator and controller at the same time.
Adaptation and optimization of eating habits, as well as the development of a healthy lifestyle.
A training plan is characterized by the consideration of all variables relevant to the training objective. Training plans are regularly adapted to the circumstances and progress of the customer.
Coachings can also take place online. Whether just theoretically, to deal with personal questions about training or nutrition, or practically.
The customer can also train in his own gym and just come by for regular checks or if he has questions about the technique or if he wants to work out a new training plan.
4 Training and appointment
A personal consultation with the customer takes place before the training units begin. During this discussion, the contents and goals are agreed upon. During the consultation, the customer informs the trainer about his health and physical limitations.
A training session usually lasts 60 minutes. The longer training units are agreed individually with the customer.
The training units take place on the trainer’s/customer’s premises.
The dates are exclusively by agreement. The agreed appointment must be cancelled at least 24 hours before the agreed time. The full fee for a training unit will be charged for appointments that are not taken.
5 Obligations of the customer
The customer is obliged to inform the trainer about his fitness for sport without being asked before the start of the training session. Should sudden health or well-being problems occur during the training, the customer is obliged to inform the trainer immediately.
6 Terms of payment
The fee of the trainer is based on the current price list.
The fee is to be paid to the trainer before each training session/start of training.
Currently the following payment methods are available:
Cash or credit card (online bookings).
7 Liability and information
The trainer is generally not liable for damages of the customer. This does not apply to liability for breach of an essential contractual obligation and to liability for damages to the member resulting from injury to life, body or health, nor to damages resulting from an intentional or grossly negligent breach of duty by the trainer, his legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is essential for the proper execution of the contract and on whose observance the contractual partner can regularly rely. An essential contractual obligation on the part of the trainer includes in particular, but not exclusively, the services listed in § 3.
The customer is expressly advised not to bring any valuables with him. The trainer will not assume any guarding and duty of care for valuables that are brought in nevertheless.
The trainer is not liable for damages which have been caused by the customer’s overestimation of his or her own capabilities. If the customer does not follow the instructions of the trainer and suffers the damage as a result, the trainer’s liability is excluded.
The trainer has an adequate business liability insurance.
8 Data protection
The customer’s personal data will be stored by the trainer and used exclusively for the purpose of fulfilling the object of performance mentioned in § 3.
The details of data protection can be found in the trainer’s data protection declaration.
The trainer is obliged to maintain secrecy about all information of the customer that has become known in connection with the fulfilment of the training measures. This also applies after termination of the contractual relationship between the trainer and the customer.
10 Term of contract
In principle, only limited-term contracts are concluded between the trainer and the customer. The customer has the right to withdraw from the contract within the first 14 days from the date of conclusion of the contract. The cancellation is excluded, unless there is a permanent medical indication that makes a continuation of the contract impossible. Only medical certificates are accepted as proof.
11 Final provisions
Changes, additions and side agreements must be made in writing to be effective, unless otherwise provided for in these General Terms and Conditions. The written form requirement also applies to the waiver of this formal requirement.
Should one of the preceding provisions be invalid or unenforceable, the validity of the remaining provisions shall not be affected. In place of the invalid or unenforceable provision, a suitable, legally effective replacement provision that comes as close as possible to the economic success of the invalid or unenforceable provision shall be agreed by mutual consent.
As place of jurisdiction Basel-Stadt.