Terms and Conditions - Femme Fitness

AGB’s Femme Fitness Studio GmbH

the services from this membership may only be used by the respective member. They are not transferable.
For the activation of the membership card, an activation fee of 20 Euro is to be paid in cash or by bank transfer on the first visit to the studio. In the event of cancellation of the subscription or exercise of the 14-day right of withdrawal within the framework of online registration, the membership card remains with the member and can be reused without a new activation fee if a new subscription is taken out. For the activation of a membership card due to loss, a processing fee of 5 Euro is due. The member is obliged to ensure that the membership card is kept in safe custody. The member must report the loss of the membership card to Femme Fitness Studio immediately. The membership card is not transferable.
an annual service flat rate of EUR 29.90 shall be charged for the initial information, including instruction in the fitness centre, the creation of the membership, the use of all additional items made available, in the case of standard conditions, annual contracts and part-time memberships. This will always be debited in the 2nd month after the start of the contract, or in the case of advance payments it will be calculated immediately.
in case the member wishes to be shut down due to holidays, examinations or other reasons, the additional option rest period must be booked in addition. Here, there is the possibility of a booking for 60 days for € 20 or for 30 days for € 10. These rest days must never be consumed in one go, but always at least 7 days. After 12 months of membership, the credit on rest days is automatically recharged to the booked option.
solarium and massages are not included in the membership The solarium may only be used by ladies after the age of 18.
the monthly fee plus any charges for selected additional products is due for payment on the 1st or 15th of each month. Payment shall be made in advance once for the entire minimum contract period or monthly by means of a direct debit order (SEPA basic direct debit). The monthly fee is payable until the end of the contract even if the services of the institution are not used. All fees include the statutory value added tax. Should the value added tax increase, Femme Fitness is entitled to pass this increase on to the member. Likewise, reductions in value added tax shall be passed on accordingly.
payment reminders or reminders can be sent in writing or by e-mail. In the event of a return debit note for which the member is responsible, such as in the event of insufficient funds or closure of the account, the expenses charged to Femme Fitness by the bank shall be passed on to the member. In addition, there shall be processing and reminder fees of a maximum of € 7.50 per reminder, depending on the amount of work involved, as well as statutory interest on arrears (4% p.a. from the date of default).
after two unsuccessful reminders a debt collection service with costs will be activated. If the customer is in default of payment of the agreed amounts for at least six weeks and if the customer has been unsuccessfully reminded with a grace period of two weeks, the fitness center is entitled to declare the withdrawal from the contract according to § 918 ABGB (Austrian Civil Code) and to offset the resulting claims.
Furthermore, Femme Fitness reserves the right to terminate this contract at any time, also for other important reasons within the member’s sphere of responsibility. In both cases, the Member undertakes, in the event of fault, to pay compensation for damages incurred up to the amount of the next possible ordinary termination date for membership fees.
regardless of any dedication of the payment, it is expressly agreed that payments are always booked first to costs, then to interest and then to principal claims.
changes in customer data must be notified to Femme Fitness immediately in writing, in person at the studio or online by e-mail. Changed bank details can only be taken into account if they are announced at least 7 days before the due date for the next SEPA basic direct debit procedure.
The member declares that he/she accepts the Club Regulations available in the studio in their current version. In the event of particularly gross violations of the Club Rules, such as assault, threats, insults, theft, etc., access to the Femme Fitness Studio may be denied for the entire duration of the contract upon the first violation. In this case, the customer must still pay the ongoing membership fees until the next possible regular termination date.
Femme Fitness accepts no liability for damage to health or property resulting from improper use by the user. The member undertakes to treat the premises and the equipment with care. Damage to property – including damage caused by negligence – will be repaired at the expense of the person who caused it.
The member acknowledges that Femme Fitness Studio has installed a video surveillance system with corresponding notice boards, which contributes to ensuring the best possible conditions of use, the safety of the members, as well as the protection of personal property and the studio premises.
minor restrictions of use in the offer shall not entitle the member to premature termination of the contract. In this case, the customer is also not entitled to compensation for damages.
Should a relocation or a professional move to another country take place during the agreed contract period, the studio has to be informed in time. If the studio is not informed and the member does not cancel the contract, the agreed contract period remains valid and the cancellation period has to be cancelled at least 6 weeks before the possible end of the contract.
In case of business interruption, the member has the right to consume his services at an Alfa Ost Fitness GmbH location.
the member is not entitled to use a specific item of Femme Fitness equipment.
The customer has to clear the locker after the end of the training and leave it unlocked. The company shall be entitled to open and clear out all still locked cloakroom lockers at the latest by 10 p.m. at the end of the training session (except fixed lockers). No liability will be assumed for any loss. Femme Fitness accepts no liability for the loss of personal items that were not locked in the cloakroom lockers.
for young people before the age of 18, membership is only possible with the written consent of a parent or guardian. Persons before the age of 12 cannot become members. After the age of 12, training up to the age of 15 is only permitted with a trainer or a legal guardian.
If there are important personal or health reasons that prevent the member from using the studio for at least one month or longer, membership can be suspended for an appropriate period of time upon presentation of an official or specialist medical certificate. In this case, the next possibility of termination shall be postponed by the duration of the suspension.
verbal collateral agreements or other arrangements are invalid. Should one or more provisions of this contract be or become invalid, this shall not affect the validity of the contract or its remaining provisions.
clarification:

The Member has been expressly informed that the employees of Femme Fitness can neither assess nor verify whether the Member is medically fit for the training.
The Member confirms that he/she is healthy and able to take part in a training session of his/her choice.
The member has been informed by Femme Fitness that the monthly fee does not include training instruction or supervision and that the member trains independently on the equipment or is familiar with the operation of the equipment. If this is not the case, the member must book additional instructional training.

TERMINATION OF THE CONTRACT

the member is informed at the time of signing the contract when the first possible day of withdrawal could take place.
the member is also advised to always send an official letter of cancellation to Femme Fitness Studio GmbH in writing by registered mail or by e-mail (with signature) at least 6 weeks before the possible end of the contract.
if the contract is not cancelled at the latest 6 weeks before the next possible end of the contract, the contract is automatically extended by the respective agreed contract period.
in case of illness or booking of rest periods, the end of the contract is postponed by the respective period of illness or rest period.
as described under point 4, this also applies to TEMPORARY CLOSURES by the government.
in the case of special actions, termination modalities can be changed. Here the member will be informed in detail when the contract is concluded.

SPECIAL CONDITIONS FOR THE USE OF POWER-PLATE

power-plate can be used freely with every membership
femme Fitness is not liable for any injuries or discomfort caused by the use of Power-Plate.
the member must be aware that Power-Plate may only be used with full health. In case of heart problems, varicose veins, thrombosis or with metal parts in the body, Power-Plate must not be used.

SPECIAL CONDITIONS FOR THE ONLINE REGISTRATION

if the contract is initiated online via the Femme Fitness website, the contract shall come into effect upon confirmation of an e-mail from the studio. In the case of online registration, the contract becomes legally binding as soon as the 2nd confirmation e-mail has been confirmed.
The contents of the contract shall be stored by Femme Fitness and sent to the member by e-mail together with the associated General Terms and Conditions.
The member is obliged to provide a current e-mail address upon conclusion of the contract, which can be used for communication with the member. Written form is also guaranteed when messages are transmitted in electronic form (e.g. by e-mail). The member expressly agrees that legally significant statements (e.g. reminders, statements regarding changes to the General Terms and Conditions) can be sent either in writing by post to the last postal address provided by the member or electronically by email to the last email address provided by the member.
If the consent to the electronic delivery of information, reminders, newsletters, etc. is signed by the member, there will be no delivery by mail, only by email.

RIGHT OF REVOCATION FOR ONLINE REGISTRATION

you have the right to revoke your Femme Fitness membership within fourteen days from the day the contract is concluded, i.e. from the day of the confirmed email, without giving any reason.
in order to exercise your right of revocation, you must inform the Femme Fitness Studio (Kärntnerring 11-13/63, 1010 Vienna or wien@femmefitness.at) of your decision to revoke this contract by means of a clear statement (e.g. a letter or e-mail sent by post).
it is sufficient to send the notification of the exercise of the right of withdrawal before the end of the withdrawal period in order to comply with the withdrawal period.

CONSEQUENCES OF REVOCATION

if you revoke this contract, we must reimburse you for all payments for the agreement (pro rata training fee, monthly fee, activation fee), at the latest within fourteen days from the day on which we receive notification of your revocation of this contract From this point on you will no longer be able to train. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged for this refund.
if you have used services during the cancellation period, you must pay us an appropriate amount for the period.

PRIVACY

In this context, reference is made to the Femme Fitness Privacy Policy, which is attached to this membership agreement or can be found on the femmefitness.at website.

Independent commercial activity in the Club:

Any self-employed commercial activity in the Club (e.g. as a fitness trainer) without a contractual agreement with Femme Fitness is prohibited.

Severability clause:

Should individual provisions or clauses of this agreement be void or ineffective, the validity of the remaining contractual provisions shall not be affected. The void or ineffective clauses or provisions shall, however, be replaced by such clauses or provisions that come closest to the economic purpose of the ineffective provision.

SPECIAL RULES BASED ON TEMPORARY CLOSURES (measures of the Austrian Federal Government and other exceptional cases decided by the Federal Government)

These provisions only concern exceptional situations, such as COVID-19, in connection with official measures resulting in closure.
the studio is free to decide whether to offer compensation solutions for all clients. If compensation solutions are provided, clients should contact the studio independently at wien@femmefitness.at to announce the chosen solution.
If the suspension of monthly fees is claimed, the contract period shall be extended by the period of the officially scheduled studio closure.
If it is announced only after debiting the contributions that a suspension of the contributions is desired, the member waives a back-posting.
In this case, depending on the duration of the already paid contributions, the contract can be extended free of charge after possible contract ends for this duration.
The compensation solutions apply only for the duration of the Austrian-wide official closure of the studio, but not if the studio is still subject to official restrictions of use afterwards. FEMME-FITNESS will, however, also in these cases endeavour to find solutions that take the interests of the customers into account. The member agrees to this solution.
no credit shall be granted if the member waives compensation. All contractual parameters such as contribution payments and duration remain unaffected by the measures prescribed by the authorities.

Status: 27.03.2020

GTC

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