Training Agreement, General Terms and Conditions & Data Protection (09/2026)
I. This agreement is concluded between FIT VIII (represented by Michèl Fois and any employees, hereinafter the „Coach“) and the purchasing person (hereinafter the „Member“).
II. The subject of this agreement is Personal Training (1:1 / 2:1), Crew Training or Fitness Coaching (hereinafter the „Service“) with an available Coach within the scope of the agreed units per week or according to the purchased contingent, in each case following prior scheduling of an appointment and its duration.
III. The price of the Service according to the respective tariff or contingent has been taken from the price list and accepted by the Member. Payment is made by SEPA direct debit mandate from the specified account.
IV. This agreement is based on the following conditions:
a) The Member is obliged to schedule their own appointments. The respective fee is due for payment even if no appointments are scheduled.
b) In the event of being prevented from attending, the Member may cancel no later than 24 hours before the start of the appointment or reschedule an appointment once. Later or absent cancellations, as well as a delay of more than 15 minutes, cause the appointment to lapse. In the case of three late or absent cancellations, the scheduled appointment may be allocated otherwise.
c) The training units provided per service period under a membership (subscription) are valid for eight weeks from the time they arise and must be used within this period. Units not used after the validity has expired shall lapse; any further accumulation, transfer, payout or refund is excluded. Prepaid contingents from packages are exempt from this (see e).
d) Fitness Coaching comprises, in addition to the 1:1 in-person appointment, continuous support during the respective service period (in particular an individual training plan, weekly feedback and the availability of the Coaches via the agreed channels). The fee is owed for this continuous support and is due irrespective of whether the in-person appointment is attended. The in-person appointment must be used within its 4-week cycle; if it is not attended within this period, it lapses without replacement.
e) Prepaid contingents from packages are flexible and are not subject to the eight-week period pursuant to c). They must be redeemed within the following validity from purchase: 12 units within 24 weeks, 24 units within 36 weeks, 48 units within 52 weeks. Units not redeemed lapse after expiry of the respective validity; no payout or refund is made.
f) Fees and charges are due on the agreed dates and are collected via the SEPA direct debit mandate granted, through the payment service provider. The Member must ensure sufficient funds in the specified account and must notify any change of bank details without delay. The agreed payment dates are determined by the calendar; if the Member does not pay by the respective due date, the Member is in default without the need for a separate reminder. In the event of default, FIT VIII is entitled to demand default interest at the statutory rate (five percentage points above the base rate) as well as further damages arising from the default.
g) If a direct debit is returned for reasons for which the Member is responsible (in particular insufficient account funds, incorrect or closed account details, or an unjustified objection), the Member shall bear the actual return-debit and chargeback costs of the payment service provider as well as any bank charges incurred as a result. These costs currently amount to €10.00 per returned direct debit plus any bank charges. The Member is entitled to prove that no damage, or substantially lower damage, has occurred. No reimbursement applies insofar as the returned direct debit is based on a circumstance for which FIT VIII or the bank is responsible.
h) If the Member is in default, FIT VIII is entitled to issue reminders itself and to demand the damages arising from the default, including the necessary costs of legal enforcement (e.g. a court dunning procedure or engaging a debt-collection agency or lawyer); for the necessary expenses incurred through reminders, reimbursement of the costs actually incurred may be demanded, whereby the Member is entitled to prove lower damage. If a due payment remains outstanding despite a reminder, FIT VIII may withhold further services until full settlement and terminate the agreement extraordinarily in the event of significant payment default.
i) In the event of a cancellation by FIT VIII, this appointment may be made up regardless of the above conditions.
j) Training is guaranteed at an agreed appointment, but not necessarily with a specific Coach. The Member may not transfer their rights and obligations under this agreement to others.
k) Training is undertaken and carried out by the Member voluntarily and at their own responsibility or that of a guardian. In doing so, the Member ensures their own physical, mental and medical fitness to exercise at all times. Illnesses, other restrictions, sudden changes in condition such as nausea or dizziness, as well as pain of any kind, must be communicated to the Coach by the Member or their guardian immediately and unprompted.
l) The Coach is liable without limitation for damages arising from injury to life, body or health, as well as for damages based on an intentional or grossly negligent breach of duty. In the case of a slightly negligent breach of essential contractual obligations, liability is limited to the foreseeable damage typical for this type of contract; otherwise, liability for slight negligence is excluded. For damage to or loss of items brought along by the Member, the Coach is liable only in the case of intent or gross negligence. The Coach is not liable for damage that the Member causes themselves by failing to follow the Coach's express instructions or safety notices (cf. m) or through unauthorised conduct contrary to the agreement; any contributory fault of the Member pursuant to § 254 of the German Civil Code (BGB) shall be taken into account.
m) The Coach's instructions must be followed at all times before, during and after a training session. They serve to achieve the agreed objective, the health and safety of both the Member and the Coach, and the protection of the equipment.
n) Personal information of the Member is treated confidentially during and after the cooperation. Any use or publication of image, video or message material of the Member for marketing purposes takes place exclusively on the basis of separate, voluntary and freely revocable consent.
o) In the case of serious breaches of this agreement, irresponsible claims or circumstances, as well as for legitimate personal reasons, FIT VIII reserves the right to dissolve this agreement.
p) A minimum term of 12 weeks applies to each tariff and term. After expiry of the minimum term, the contract is extended for an indefinite period and may be terminated at any time with one month's (four weeks') notice. Terminations require at least text form.
q) Should a suspension period arise due to certified health restrictions, pregnancy or other reasons, the duration of the suspension is added to the respective term.
r) Crew Training takes place with a minimum of three participants. If this minimum number of participants is not met 24 hours before the start of the course, the course does not take place and the appointment is allocated otherwise.
V. Data collected is treated confidentially, is not passed on to third parties without authorisation, and is used for carrying out the agreed Service (Art. 6(1)(b) GDPR). Beyond the duration of the cooperation, data is stored only insofar as statutory retention obligations (in particular under tax and commercial law) require this (Art. 6(1)(c) GDPR). The Member has the right to information, rectification, erasure, restriction of processing, objection and data portability. Details are governed by the separate privacy policy. Complaints may be addressed to the competent supervisory authority, the Hessian Commissioner for Data Protection and Freedom of Information.
VI. Should individual parts of this agreement be or become invalid, this does not affect the validity of the remaining agreement. No other collateral agreements have been made. Amendments or additions require text form.
VII. FIT VIII is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
VIII. By signing, the Member agrees to this agreement including all conditions as well as the data protection provisions (V.), confirms that all information provided is correct, and purchases the Service on a binding basis at the agreed conditions.