AGB’s Femme Fitness Studio GmbH

  1. The benefits from this membership may only be used by the respective member. They are not transferable. The daily subscriptions, 10 block, monthly contract, standard condition regular, standard condition student and annual contract include the free use of all training equipment and areas, as well as the wellness area and the Group Fitness units. The additional subscription types, such as “towel subscription” includes a large towel and a small towel per training session for 24 euros (completed with terminate monthly) to 22 euros (completed as long as the contract is running, minimum term 3 months / price is monthly pay) to 20 euros (completed on 12 months / price is payable monthly) as “Fixkästchen”, here is a locker room rented at 22 euros (completed with terminable monthly) to 20 euros (completed as long as the contract is running, minimum term 3 months / price to be paid monthly) to 18 euros (completed on 12 months / price is payable monthly). When hiring a “Fixkästchens” a deposit of 100 € is required to pay for key loss or make repairs that have been caused by improper use. Like “Depot bag”, here is a training bag including parking space rented for 10 euros (completed with monthly terminable) to 8 euros (completed as long as the contract is running, minimum duration 3 months / price is monthly to pay) to 6.67 Euro (completed on 12 months / price to be paid monthly).

  2. 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.

  3. Femme Fitness assumes no liability for 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.

  4. 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 20 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.

  5. For the standard conditions, annual contracts and part-time memberships, an annual service fee of € 29.90 will be charged. This is always debited in the second month of the contract, or included in advance payments immediately.

  6. The monthly fee plus any fees for selected additional products will become due 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.

  7. Payment reminders or reminders can be made in writing or by e-mail. For each payment reminder or reminder a fee of 6 Euro will be charged. Bank charges for returned direct debits are set at a flat rate of 7 euros. Femme Fitness is entitled to actual expenses of more than 7 euros to adjust them accordingly.

  8. If the customer defaults in setting a period of grace of two weeks with the payment of an amount corresponding to at least two monthly premiums in default, Femme Fitness is entitled to terminate the contract and any costs incurred in connection with the contract termination and necessary costs appropriate legal action to be taken in an appropriate amount.

  9. In addition, Femme Fitness reserves the right to terminate this Agreement at any time for other important reasons beyond the member’s control. 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.

  10. Notwithstanding any dedication of the payment, it is expressly agreed that payments will always be booked first on cost, then on interest and subsequently on principal receivables.

  11. 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.

  12. The Member acknowledges that Femme Fitness Studio, with appropriate notice, has installed 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.

  13. Minor usage 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.

  14. In the event of business interruption, the member has the right to consume his services at an Alfa Ost Fitness GmbH location.

  15. The member is not entitled to use any particular Femme Fitness equipment.

  16. The customer has to vacate the locker after completion of the training and left 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.

  17. 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 can not become a member.

  18. If there are important personal or health reasons that prevent the member from using the studio for at least one month or more, the membership may be closed for a period of time upon presentation of an official or specialist medical certificate. In this case, the next termination option shifts by the duration of the decommissioning.

  19. Additional verbal 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.

  20. Enlightenment:

  • The member has been expressly advised that employees of Femme Fitness can neither assess nor verify that the member is medically fit for training.
  • The member confirms to be healthy and able to complete a freely chosen training.
  • 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 agreement is initiated online via the Femme Fitness website, the contract will be concluded with the confirmation of an e-mail from the studio.

  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.

Withdrawal for online customers

  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 a clear statement to the Femme Fitness Studio (Kärntnerring 11-13 / 63, 1010 Vienna or wien@femmefitness.at) (eg a letter sent by post or e-mail ) about your decision to withdraw from this contract.
  3. In order to maintain the withdrawal period, it is sufficient for you to send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of Withdrawl

  1. If you revoke this Agreement, we shall reimburse you for all payments for the Agreement (pro rata Training Fee, Monthly Fee, Activation Fee), but no later than fourteen days from the date on which we receive notice of your cancellation of this Agreement. From this point on, you can not 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, you have to pay us a reasonable amount for the period.

   30. Privacy:

  • 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 www.femmefitness.at.
  1. Self-employed commercial activity in the club:

  • Any self-employment in the club (such as a fitness trainer) without a contractual agreement with Femme Fitness is prohibited.
  1. Severability clause:

  • Should individual provisions or clauses of this agreement be void or ineffective, this shall 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: June 2018

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