Terms of Service
1. Field of application
These General Terms and Conditions govern the relationship between AJ – Personal Training & Group Fitness, represented by Dr. Alexander John (hereinafter referred to as “Contractor”) and the customer(s) (hereinafter referred to as “Client”) with regard to the agreement, planning and implementation of a personal fitness training or other service offered in §4. by the Contractor or a comparably qualified professional at a location determined by the parties (hereinafter referred to as “GTC”). Individual regulations are agreed in the contract for the respective service (hereinafter referred to as “Order Agreement”). When purchasing a voucher for an offered service, the GTCs automatically pass to the recipient(s)
Deviations from these GTC are only effective with the written consent of Dr. Alexander John.
2. Arrangement of personal support (consulting / coaching / training)
The planning and implementation of personal fitness training and/or special services (health advice, nutritional advice, creation of a training plan without personal fitness training, lectures or workshops on the subject of training, health and nutrition) between the Client and the Contractor shall be regulated in the event of a cooperation by concluding an order agreement. The client thereby agrees on the service units or the duration of a cooperation. A service unit usually lasts 60 minutes, unless explicitly stated otherwise. The place of the service is agreed upon individually between the contracting parties. In the case of personal training of the own person, the Client assures by signing the contract agreement that a competent doctor has previously determined that he is fully fit for sports. The Client shall inform his responsible contractor without delay of any restrictions on his fitness for sports that may arise after the conclusion of the order agreement. The Client shall answer all questions concerning the current/previous state of health and training-relevant life circumstances truthfully and completely. A transfer of the order agreement by the Client to another person is only permitted with the prior consent of the Contractor. The booking of individual services is made with the confirmation of the appointments (by phone or email). In this case, the Client receives an order confirmation/invoice with a stated service period via email. Booked services must be redeemed in this period or postponed until 24 hours before the appointment at the latest.
3. Service content
The Contractor shall perform the service ordered by the Client according to the Client’s wishes based on its expertise acquired through training and the generally recognized sports science guidelines. The Contractor may adapt the concept for the fulfillment of the service at any time during the cooperation, insofar as this is necessary to meet changed wishes or other changes in the framework conditions. The Client can express wishes and suggestions in this regard at any time.
4. Scope of services
Depending on the booking, the service includes as follows:
- A customized personal health and fitness consultation based on the analysis of the Client’s health status and lifestyle from information provided by him/her (medical history sheet).
- Integration of physical activity into the Client’s daily routine in consultation with the Client
- Individual training planning and control
- Digital training support via training software
- Accompanying and guiding the Client in the execution of the training sessions in personal training and group fitness
- Health management (development/implementation of a concept to promote/maintain the health of employees in a company)
- Specialist lectures and workshops
The contractor will align himself according to the client’s ideas.
5. Time frame
The order shall include the number of service units specified in the respective order agreement or order confirmation. If the parties decide in favor of a closed contractual relationship, the contractual relationship shall commence at the time of the conclusion of the contract and shall end at the specified time without any notice of termination being required. If the parties decide on an open contractual relationship, a notice period of 4 weeks shall apply, unless otherwise specified and fixed in writing. The parties shall fix fixed dates. In the event of absence notified to the Contractor in good time, i.e. up to at least 24 hours before the start of the appointment, the appointments not used shall be made up within the term of the contract. Postponements of appointments are to be reconciled personally by both parties. Appointments cancelled at short notice are subject to a 100% charge. If one party cancels an appointment early, it will be made up as soon as possible after consultation with the client. The fixed appointments and appointment changes are to be reconciled via email or SMS if possible. After the end of the contract, the claim to unused appointments expires.
6. Spatial framework
No further costs are incurred for care in the client’s own facility or in a free environment. If facilities such as gyms, swimming pools, etc. are used, the costs incurred are to be borne by the client in addition to the fee in accordance with § 8. of this agreement. If the client wishes support at a location other than in the Mainz area, additional costs (travel flat rate) may also be incurred, which will be fixed in consultation with the client in the order agreement / order confirmation.
7. Client consulting
The client will be trained by Dr. Alexander John personally. Should the trainer not be able to attend the agreed appointment due to illness or for other reasons, either a timely replacement appointment will be arranged or, as described in §1, the supervision will be taken over by a comparably qualified specialist. This is done in consultation with the client.
8. Performance remuneration
The Contractor shall receive remuneration for the activity performed in accordance with §4. of this contract in the amount specified in the respective booking module (see order confirmation or order agreement/contract). The stated final price is exclusive of the statutory value added tax of 19%.
Unless otherwise agreed, the remuneration for order confirmations or order agreements/contracts with a fixed number of service units is to be paid in full in advance up to 3 days before the start of the support or, in the case of an open contract term, is to be paid monthly and transferred to the account designated by the Contractor at the start of the support period no later than 14 days after the date of issue of the invoice. Invoices will be sent to the client via email.
9. Duty to inform
The contractual partners shall each communicate all information relevant for the fulfillment of the order and these GTC in a timely manner. The communication of the aforementioned information shall be made by telephone or e-mail. The e-mail address is: firstname.lastname@example.org. The corresponding contact details of the client are listed in the order agreement or in the medical history sheet.
10. Termination before the end of the contract period
If the cooperation is terminated by the Client before the expiry of the contract term, the payment shall remain with the Contractor. Unless otherwise agreed, there is no right to reimbursement. If the Contractor has to terminate the cooperation earlier for unforeseeable reasons, the Client shall be reimbursed for the units still outstanding or shall be provided with a comparably qualified specialist. However, this happens only with the consent of the client. After the end of the contract the claim to not yet used service units expires.
11. Liability claims
The Contractor shall only be liable to the Client in the event of intent and gross negligence; liability for third-party fault shall be excluded. This applies to all damages suffered by the client within the scope of the contract activity.
12. Data protection and confidentiality
The Contractor shall store and use the Client’s personal data exclusively for the purpose of fulfilling the service contract. The data protection practice applied is in accordance with the legal regulations, in particular those of the Federal Data Protection Act (BDSG), the Telemedia Act (TMG) and the EU General Data Protection Regulation (DSGVO). Your personal data will be collected, processed and stored only to the extent necessary to process inquiries and orders / contracts. In each case, however, only insofar as a legitimate interest within the meaning of Art. 6 Para. 1 S.1 lit. f DSGVO or another permissible circumstance exists. Personal data will be deleted no later than 3 months after termination of the contractual relationship or the last service unit. According to the Federal Data Protection Act, you have a right to free information about your stored data and, if applicable, a right to correction, blocking or deletion of this data. Your data will then be deleted if this does not conflict with legal regulations. You can revoke a permission granted to us to use your personal data at any time. You can send requests for information, deletion and correction of your data and also suggestions to the contractor at any time.
The Contractor shall be obligated to maintain secrecy about all information of the Client that has become known to him in the course of the performance of the service contract. This obligation shall apply beyond the term of this contract.
The Contractor shall also be entitled to work for third parties. A prior consent of the client is not required for this.
The medical history sheet is an integral part of the order agreement. Terminations, amendments and/or supplements must be made in writing. Should individual provisions of this contract be or become invalid, this shall not affect the validity of the remaining provisions. This shall also apply in the event of overall invalidity or nullity. In the event of even partial invalidity, the parties undertake to find a solution that comes closest to the economic intent and to set this down in writing in a new contract.