General terms and conditions of business

1. General

• The business relationship between the personal trainer (hereinafter: “Trainer”) and the customer (hereinafter: “Customer”) is exclusively subject to the following General Terms and Conditions in the version valid at the time of the service.

• Customers within the meaning of Section 1 Sentence 1 are private individuals, companies and government institutions.

2. Subject matter of the contract

• The subject matter of the contract is individual advice and support for customers within the framework of the agreed training and health advice.

3. Subject of the service

• The trainer offers the customer a concept that is optimally tailored to the customer. The concept contains various recommendations on the training content, selection of sports clothing, and nutritional advice. The concept takes into account the customer's specific needs and physical abilities.

• The trainer guarantees the customer individual advice. The customer is looked after personally by the trainer.

• The following services are also offered: ...

4. Training and appointment scheduling

• Before the training sessions begin, a personal consultation takes place with the customer. During the consultation, the content and goals are agreed upon. During the consultation, the customer informs the trainer about his health and physical limitations.

• A training session lasts ….. minutes. Longer training sessions are agreed individually with the customer.

• The training sessions take place in the trainer’s/client’s premises.

• Appointments are made by appointment only. The agreed appointment must be cancelled at least 24 hours before the agreed time. A fee of 100% of the price of a training session will be charged for cancellation of the training later than 24 hours. The following reasons are not subject to fees, provided they are certified by a doctor, duty of service or employer:

   - accident and illness

   - pregnancy

   - military service

   - airport delay 

5. Obligations of the Customer

• The customer is obliged to inform the trainer of his fitness for sport without being asked to do so before the start of the training session. If any health or well-being problems suddenly occur during the training, the customer is obliged to inform the trainer immediately.

6. Terms of Payment

• The trainer’s fee is based on the current price list.

• The invoice must be paid without deduction within 7 days of receipt by the customer.

7. Liability and information

• The trainer is generally not liable for damages to the customer. This does not apply to liability for breach of a material contractual obligation and to liability for damages to the member resulting from injury to life, body or health, nor to damages based on an intentional or grossly negligent breach of duty by the trainer, his legal representatives or vicarious agents. Material contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner can regularly rely. The trainer's material contractual obligations include in particular, but not exclusively, the services named in Section 3.

• The customer is expressly advised not to bring any valuables with them. The trainer assumes no responsibility for guarding or taking care of any valuables that are brought in.

• The trainer is not liable for damages caused by the customer overestimating their own abilities. If the customer does not follow the trainer's instructions and suffers damage as a result, the trainer's liability is excluded.

• Insurance is the responsibility of the customer. 

8. Data Protection

• The customer’s personal data will be stored by the trainer and used exclusively to fulfill the service specified in Section 3.

• Details regarding data protection can be found in the trainer’s privacy policy.

9. Confidentiality

• The trainer is obliged to maintain confidentiality regarding all information about the customer that becomes known in connection with the completion of the training measures. This also applies after the termination of the contractual relationship between the trainer and the customer.

10. Place of jurisdiction

Zurich is the exclusive place of jurisdiction.