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

§ 2 Scope of services
I. Shape Up undertakes to provide individual advice and support to clients within the scope of the agreed training and health advice.
II. shape up carries out its activities as a self-employed business.
III. the GTC also apply to users of training vouchers. The latest version of the General Terms and Conditions shall apply.

§ 3 Training
I. Before the start of training, the training content and objectives are agreed with the client in a consultation. In addition, the type, scope and location of the training sessions are agreed with the client.
II. The duration of a personal training session is 60 minutes or longer. Shorter training sessions must be expressly agreed. Cancellation of the training session by the Client before the end of the agreed training period does not entitle the Client to a refund of costs or time credits.
III. shape up is also available by telephone and e-mail outside of training hours as part of the agreed consultation and support measures. This does not constitute a claim to constant availability.
IV: The trial training is only free of charge if the client subsequently decides to undergo coaching. In any other case, the full amount of an individual lesson will be charged.

§ 4 Terms of payment
I. The client shall receive a written invoice from shape up, which is to be paid immediately without deductions.
II. The training sessions shall be invoiced in full in advance.
III. The price of the respective training session is based on the current price list.
IV. Travel costs will be invoiced separately if the training takes place outside Munich.

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

§ 6 Liability
I. The medical history form must be completed in full before the start of the first training session. This is obligatory in order not to endanger your health. As a personal trainer, I am subject to a duty of confidentiality.
II. shape up excludes any liability towards the client for damage to property and/or personal injury that was not caused by gross negligence or intentional 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 shall not be liable beyond the provision of its owed service for any failure to achieve the purpose pursued by the Client in entering into the contract.
IV. If the Client makes use of the services of cooperation partners or other companies or persons arranged by shape up, he does so at his own risk. shape up assumes no responsibility or warranty for goods or services which the Client has received from them.
V. The Client is responsible for insuring himself against accidents and injuries which may occur in the course of personal training. The same shall apply to the direct route to and from the training location.
VI. shape up shall not be liable for general risks (e.g. sprains, colds, soiled or damaged clothing, etc.) associated with the practice of the desired sport or training method. Any resulting damage to property or personal injury shall be borne by the Client.
VII. shape up has taken out business liability insurance to cover any statutory liability claims by the Client.

§ 7 Prevention
I. In order to enable effective training, I request that training sessions begin punctually.
II. If the client is prevented from attending, he/she must cancel as soon as possible, but no later than 24 hours before the start of the training session. Otherwise, the agreed fee for the booked training session will be charged in full. shape up is not obliged to make up for the late start of a training session for which it is not responsible.
III. If the implementation of a training session is too dangerous or impossible due to unforeseeable circumstances (e.g. weather conditions, accident, etc.), the training session may take place indoors or be postponed by arrangement. The decision on whether or not to carry out the training session will be made by mutual agreement with the client.

§ 8 Claims for compensation
I. No claims for compensation can be asserted in the event of training being canceled by shape up at short notice. Training units already paid for shall be credited.

§ 9 Data protection
I. The personal data of clients shall be stored by shape up and used exclusively to fulfill the aforementioned service object.
II. The stored data shall be deleted upon request, but no later than 24 months after the last booked training session.

§ 10 Confidentiality
I. The Client undertakes to maintain confidentiality about any business and trade secrets of shape up, even beyond the termination of the framework agreement.
II. shape up shall maintain confidentiality about all information of the Client that becomes known in connection with the performance of the training and support measures, even beyond the termination of the framework agreement.

§ 11 Start and end of contract
I. The contract between the Client and shape up shall be deemed legally binding upon signature of the medical history form and the disclaimer.
II. If the Customer is more than 14 days in arrears with a payment, shape up may terminate the contract extraordinarily. Further claims shall remain reserved.

§ 12 Other agreements
I. Both parties recognize agreements and arrangements regarding the booking of training sessions as binding if 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 contracting parties cannot be contacted at short notice (e.g. change of date, location, etc.), the last reconfirmed agreement made shall apply.
III. Both parties undertake to be mutually loyal and shall under no circumstances make negative comments about the person or products or services of the other party or impair the reputation and prestige of the other party.

§ 13 Note on measurement procedures
I. shape up 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. pacemakers) in the body.

§ 14 Fitness for sport
I. The Client assures that he/she is fit for sport.
II. The Client shall inform shape up immediately of any sudden health problems (such as dizziness, nausea, pain, etc.) before, during or after training.
III. If necessary, the Client must ensure that he obtains a doctor's authorization for the sports activities.

§ 15 Final provisions
I. Amendments, supplements and ancillary agreements must be made in writing to be effective, unless otherwise stipulated in these GTC.
II. Should one of the above provisions be invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by mutual agreement with a suitable, legally effective substitute provision that comes as close as possible to the economic purpose of the invalid or unenforceable provision.
Status: 10.05.2022