Terms of service
TERMS OF SERVICE
1. Subject matter of the contract
1.1 The following terms and conditions apply to services provided by Simon Welsch, represented by Simon Welsch, Heideblick 64, 44229 Dortmund, Germany.
2.1 Simon Welsch undertakes to advise and support the customer individually within the framework of the agreed training and health care.
2.2 Unless otherwise agreed, the training and health care can only be used by the customer personally.
2.3 The agreed training and support service is understood as a time-specific, contractual obligation in accordance with Section 611 BGB.
3. Coaching and training
3.1 The duration of a coaching or training session is 30 minutes or longer. Shorter units must be expressly agreed. Cancellation of the unit by the customer before the agreed training duration has expired does not entitle to reimbursement of costs or time credits.
3.2 The type, scope and location of each unit will be discussed with the customer. Possible content and goals are agreed with the customer in advance in a consultation.
3.3 The anamnesis form must be completed in full before the start of the first unit. In order not to endanger the health of the customer, this is mandatory. As a personal trainer, I am bound by confidentiality.
4.1 Simon Welsch excludes any liability to the customer for damage that is not based on a grossly negligent or willful breach of duty, including by any vicarious agents.
4.2 An exclusion of liability declaration must also be signed by the customer and is the subject of the contractual agreements.
4.3 Simon Welsch is not liable beyond the performance of the service owed for any failure to achieve the purpose pursued by the customer when entering into the contract.
4.4 If the customer uses the services of cooperation partners or other companies or persons mediated by Simon Welsch, he does so at his own risk. Simon Welsch assumes no guarantee for goods and services that the customer has received from them.
4.5 The customer 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.
4.6 Simon Welsch 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.
5. Contract duration and payment terms
5.1 The current price list applies. Simon Welsch reserves the right to change the pricing and undertakes to notify the customer in writing of any changes immediately, at least four weeks before they come into effect.
5.2 At the end of the month, the customer receives a written invoice from Simon Welsch, which must be paid within 14 days without deductions. Payment of the invoice amount can be made either in cash, by direct debit or by transfer to the account specified on the invoice.
6 Other costs
6.1 If additional costs arise due to the desired sports and / or training content of the customer (entrance fees, court rental, etc.), these are to be borne by the customer.
6.2 The costs for a doctor, physiotherapist or similar who are consulted for holistic care are borne by the customer in the amount of the billing modalities of the respective service provider.
6.3 If other training or services (e.g. child care, training support while traveling, etc.) are used, separate tariffs will be agreed in advance.
6.4 If Simon Welsch purchases products (sporting goods etc.) on behalf of the customer, the goods remain the property of Simon Welsch until they have been paid for in full by the customer.
7. Prevention and failure
7.1 If he is unable to attend, the customer must cancel as soon as possible, but no later than 24 hours before the coaching or training session begins. Otherwise, the agreed fee for the booked training unit will be charged in full.
7.2 If the implementation of a coaching or training unit is too dangerous or impossible due to unforeseeable circumstances (weather conditions, etc.), the training unit may take place indoors or will be postponed after consultation. The decision about the implementation is generally made by mutual agreement with the customer.
7.3 In exceptional cases (illness, vacation time, etc.), an equally qualified trainer can take over the supervision after prior agreement with the customer.
7.4. The contract is suspended for at least 4 weeks in the event of illness which is proven in writing. Is there a permanent medical indication that makes it impossible to continue the contracteight, the contract can be terminated unilaterally by the customer. This indication must be proven by a medical certificate. Temporary short sports disability, e.g. B. short illnesses of up to one month, do not release from the obligations from this contract.
8. Claims for compensation
8.1 In the event of a training cancellation at short notice by Simon Welsch, no claims for compensation can be made. Training units that have already been paid for will be credited or reimbursed on request.
10.1 The customer undertakes to keep any business and company secrets of Simon Welsch confidential, even after the termination of the framework agreement.
10.2 Simon Welsch must keep confidential all information of the customer that has become known in connection with the fulfillment of the training and support measures, even beyond the termination of the framework agreement.
11. Other agreements
11.1 Both parties recognize agreements and arrangements for booking coaching and training units as binding, provided they have been confirmed by both parties. This applies to all means of communication used, such as telephone or email. The written form is preserved through the use of email.
11.2 Both parties are committed to mutual loyalty and will under no circumstances make negative comments about the person, product or service of the other or affect their reputation or prestige.
11.3 Simon Welsch has the right to work for third parties. A prior consent of the customer is not required for this.
12. Final provisions
12.1 Changes, additions and ancillary agreements must be made in writing to be effective, unless otherwise specified in these General Terms and Conditions. The written form requirement also applies to the waiver of this form requirement.
12.2 Should one of the preceding provisions be invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. Instead of the ineffective or unenforceable provision, a suitable, legally effective replacement provision that comes as close as possible to economic success will be mutually agreed.
RIGHT OF WITHDRAWAL
Declaration of revocation
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*): __________________
Ordered on (*) / received on (*) _____________________
Name of consumer (s): _______________________
Address of the consumer (s): __________________________
Signature of the consumer (s): ___________________________
(only with notification on paper)
(*) Delete where inapplicable