GTC

AGB’s Femme Fitness Studio GmbH

1. The benefits from this membership may only be used by the respective member. They are not transferable.
2. For the activation of the membership card, an activation fee is to be paid at the first visit to the studios in the amount of 20 euros cash or by cash. In case of subscription termination or exercise of the 14-day right of withdrawal in the context of an online registration, the membership card remains with the member and can be reused in the event of a renewal subscription without a renewed activation fee. For the activation of a membership card by loss a fee in the amount of 5 euros is due. The member is obliged to ensure the safe storage of the membership card. The member must immediately report a loss of the membership card in the Femme Fitness Studio. The membership card is not transferable.
3. For the initial information, including the instruction in the fitness center, the installation of the membership, the use of all additional articles provided will be charged at the standard rates, annual contracts and part-time memberships an annual service fee of 29.90 euros. This is always deducted in the 2nd month after the start of the contract, or included in advance payments immediately.
4. The monthly fee plus any fees for selected additional products will be due for payment on the 1st or 15th of each month. Payment is made in advance once for the entire minimum contract period or monthly by debit order (SEPA Core Direct Debit). The monthly fee is to be paid until the expiration of the contract, if the services of the institution are not used. All fees include VAT. Should sales tax increase, Femme Fitness is entitled to pass on this increase to the member. Likewise, reductions in VAT will be passed on accordingly.
5. Reminders or reminders can be made in writing or by e-mail. In the case of a return debit note for which the member is responsible, such as in the case of insufficient cover or liquidation of the account, the fees charged by the bank to Femme Fitness will be passed on to the member. In addition there are expenses-dependent processing and reminder fees of a maximum of € 7.50 per reminder as well as statutory default interest (4% per annum from the beginning of default).
6. After two unsuccessful reminders, a fee-based collection service will be activated. If the customer defaults on payment of the agreed amounts for at least six weeks and the customer was reminded unsuccessfully after setting a grace period of two weeks, the fitness center is entitled to declare the withdrawal from the contract in accordance with § 918 ABGB and the resulting claims charge.
7. When registering online, the contract becomes final as soon as the second confirmation email has been confirmed.
8. In addition, Femme Fitness reserves the right to terminate this agreement at any time for other important reasons in the member’s area. In both cases, the member undertakes, in the case of fault, to pay compensation amounting to the next possible ordinary termination date for membership fees.
9. Notwithstanding any dedication of the payment, it is expressly agreed that payments shall always be booked first on expenses, then on interest and subsequently on principal receivables.
10. Changes to customer data must be reported to Femme Fitness immediately in writing, in person in the studio or online via e-mail. Changed bank details can only be considered at the latest 7 days before the due date for the next SEPA Core Direct Debit Procedure.
11. The member declares that it recognizes the club rules in the current version. For particularly gross violations of the club rules, such as Assaults, threats, insults, theft, etc. may be denied access to the Femme Fitness Studio at the first violation for the entire duration of the contract. In this case, the customer still has to bear the current membership fees until the next possible ordinary termination date.
12. Femme Fitness assumes no liability for any damage to health or property caused by improper use of the user. The member undertakes to handle the premises and furnishings with care. Property damage – also caused by negligence – is repaired at the expense of the causer.
13. The Member acknowledges that Femme Fitness Studio has installed, with appropriate notice, video surveillance to help ensure the best possible conditions of use, the safety of its members, and the protection of personal property and studio space.
14. Minor use restrictions in the offer do not entitle to premature termination of the contract. A claim for compensation for the customer in this case also not.
15. Should a relocation or a professional move to another country take place during the agreed contract period, the studio must be informed in good time. If the studio is not informed and no termination of the member happen, the agreed contract period remains, as well as the 6-week notice period.
16. In the event of business interruption, the member has the right to consume his services at an Alfa Ost Fitness GmbH location.
17. The member is not entitled to use any particular Femme Fitness equipment.
18. The customer has to vacate the cloakroom after completing the training and leave it unlocked. The company is entitled to open and clear all locked lockers at the latest by 10:00 pm (except fixed boxes). No liability is assumed for any loss. Should personal items be lost that were not locked in the cloakroom, Femme Fitness will not be liable.
19. For young people before the age of 18, membership is only possible with the written consent of the legal guardian. Persons before the age of 14 cannot become a member.
20. If there are important personal or health reasons that prevent the member from using the studio for at least one month or longer, the membership may be closed for a period of time on presentation of an official or specialist medical certificate. In this case, the next termination option shifts by the duration of the decommissioning.
21. Oral side agreements or other agreements are invalid. Should one or more provisions of this contract be or become ineffective, this shall not affect the validity of the contract and its remaining provisions.
22. Enlightenment:
    1. The member has been expressly advised that employees of Femme Fitness can neither assess nor verify that the member is medically fit for training.
    2. The member confirms to be healthy and able to complete a freely chosen training.
    3. The member has been advised by Femme Fitness that the monthly contribution does not include training or coaching and that the member is self-trained or familiar with the equipment. If this is not the case, the member must book an additional training session.

SPECIAL PROVISIONS FOR THE USE OF POWER PLATE

1. Power-Plate can be used freely with each membership.
2. Femme Fitness is not responsible for any injury or discomfort caused by the use of Power-Plate.
3. The member must be aware that Power-Plate may only be used with full health. For heart problems, varicose veins, thrombosis or metal parts in the body Power-Plate may not be used.

SPECIAL PROVISIONS FOR ONLINE REGISTRATION

1. If the contract is initiated online via the Femme Fitness website, the contract will be concluded with the confirmation of an e-mail from the studio. When registering online, the contract becomes final as soon as the 2nd confirmation email has been confirmed.
2. The contents of the contract are stored by Femme Fitness and sent to the member together with the associated terms and conditions by e-mail.
3. The member is obliged to provide a current e-mail address at the conclusion of the contract, through which the communication with the member can take place. Writtenness is also ensured when transmitting communications in electronic form (for example by e-mail). The Member expressly agrees that legally significant declarations (for example, reminders, explanations of changes to the General Terms and Conditions) can either be sent in writing by post to the postal address last given by him or electronically by e-mail to the e-mail address last given by him.

RIGHT OF WITHDRAWAL ONLINE REGISTRATION

1. You have the right to withdraw your Femme Fitness Membership within fourteen days of the date of signing the contract without giving any reason.
2. In order to exercise your right of withdrawal, you must send your application to the Femme Fitness Studio (Kärntnerring 11-13 / 63, 1010 Vienna or wien@femmefitness.at) by means of a clear statement (a letter sent by post or e-mail ) about your decision to withdraw from this contract.
3. In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

REVOCATION

1. If you withdraw from this Agreement, we shall reimburse you for all payments made for the Agreement (pro rata Training Fee, Monthly Fee, Activation Fee) no later than fourteen days from the date on which we receive notice of your cancellation of this Agreement. From this point on, you cannot exercise anymore. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees.
2. If you have used services during the cancellation period, then you have to pay us a reasonable amount for the period.

DATA PROTECTION

1. Reference is made to the Femme Fitness Privacy Policy in this regard; This is attached to this membership contract or can be found on the homepage femmefitness.at.

Self-employed commercial activity in the club:

2. Any self-employment in the club (for example as a fitness trainer) without a contractual agreement with Femme Fitness is prohibited.

Severability clause:

3. Should individual provisions or clauses of this agreement be void or ineffective, this will not affect the validity of the remaining provisions of the contract. The void or ineffective clauses or provisions, however, are to be replaced by those that come economically closest to the meaning and purpose of the invalid provision.

As of: March 2019