1. CONCLUSION OF CONTRACT
1.1. Application
The application for membership is a binding offer to DIE FITNESSBOX GmbH to conclude a membership contract. DIE FITNESSBOX GmbH can reject this offer in writing within 14 days from the time the application was submitted without giving reasons. If DIE FITNESSBOX GmbH does not reject the offer within this period, the membership contract comes into effect at the time the application is submitted. If the application for membership has been closed outside of the studio, the application can be revoked in writing by the member within 14 days from the time the application was submitted without giving reasons. If no cancellation is made to the respective studio within the deadline, the membership contract comes into effect at the time the application is submitted.
1.2. Provisional membership card
After submitting the application, the applicant will be provided with a digital provisional membership card in the "DIE FITNESSBOX" app, which will allow them access to the studio. However, if his application is rejected, this does not justify a claim to the conclusion of a contract or use of the studio.
2. STUDIO USE
2.1. "DIE FITNESSBOX" mobile app
The use of the "DIE FITNESSBOX" app is mandatory to use and access the studio. This can be downloaded by the user free of charge in the
and in
be downloaded. When concluding the contract, the user must register once in the "DIE FITNESSBOX" system and can then log in to the app.
Functional description of the "DIE FITNESSBOX" app:
The "DIE FITNESSBOX" app for your fitness lifestyle at home, on the go or in your studio. You simply register online with just a few clicks. No long sales talks - no waiting times. You can start immediately. You check in relaxed with your smartphone and get access to the gym. True to our motto "train smarter", you can use our app to create your personal training plan, which dynamically adapts to your progress and wishes. So you can continuously track your training success
Our app offers you many other features such as a personal check-up, online nutritional advice, customer service, live courses, contract management and much more.. This is our lifestyle, which we would like to make yours too....train smarter ;).
Overview of the features:
- Check in
- Online member self-service
- Online appointment booking
- Live courses
- exercises and training plans
- Workouts and nutrition tips
- Motivating challenges
- Interactive map with all locations
- Each location with its own profile: its own media gallery, address, opening hours, service overview
- push notification service
2.2. Studio Access Permission
Upon completing a membership, the member receives a digital member card within the "DIE FITNESSBOX" app, which gives him access to the studio. Access to the studio and the use of booked additional services is not possible without the mobile app installed on the mobile phone.
2.3. House rule
When using the studio, the member is subject to the house rules applicable in the studio.
2.4. Cashless payments
All products and services that the studio offers (also additionally) can only be used cashless by the member via the "DIE FITNESSBOX" app.
2.5. Use of customer parking spaces
Customer parking spaces provided by the studio may only be used by the member while they are in the studio. If parking spaces are occupied beyond this time, the studio reserves the right to tow away the car for a fee. If the parking allotments are fully occupied or there are other capacity restrictions or if parking is permanently lost, there is no entitlement to a parking space and no right to extraordinary termination of membership.
2.6. Use of the lockers
Lockable lockers are provided in the studio. These may only be used during opening hours. If the lockers are occupied outside of the opening hours, the studio reserves the right to open and clear them out.
2.7. Escorts
Bringing companions is only permitted with the prior express consent of the studio. Bringing animals is prohibited. For insurance reasons, bringing children is also prohibited.
3. MEMBER'S OBLIGATIONS
3.1. Mobile app
Access to the studio is not possible without the "DIE FITNESSBOX" app.
3.2. Non-transferability of Membership Rights
Membership in "DIE FITNESSBOX" is personal and cannot be transferred. The member is therefore obliged to use the access only personally and not to allow third parties. In order to ensure that access is only used by the member personally, the member uploads a photo of himself to his profile in the "DIE FITNESSBOX" app, which is saved by FITNESSBOX GmbH. If the member does not provide a photo, DIE FITNESSBOX GmbH reserves the right to block the member's access to the studio.
If the access medium with the "DIE FITNESSBOX" app is knowingly given to a third person to grant access, DIE FITNESSBOX GmbH reserves the right to block the member account immediately and to claim damages.
3.3. Modification of Personal Information
Changes to contract-relevant data such as name, address, bank details, etc. must be made independently by the member in the “Self Service” area of the "DIE FITNESSBOX" app. Costs incurred by the studio because the member culpably fails to change or adjust the data immediately are to be borne by the member. The member is obliged to check the data in the "Self Service" area of the "DIE FITNESSBOX" app and keep it up to date.
4. MEMBERSHIP FEES AND DEFAULT
4.1. Due date of the monthly membership fees
The monthly membership fees are due in advance on the first of the month for the respective calendar month (part of the service period). The fees for the initial debit (among other things, an activation fee and any starter package) are due when the contract is concluded. If the statutory sales tax rate increases, DIE FITNESSBOX GmbH is entitled to increase the membership fee, whereby the increase is limited to the increased sales tax rate. The increase will take effect from the first of the month following receipt of the declaration in text form (§ 126b BGB).
4.2. Chargeback fees
The member is obliged to participate in the SEPA direct debit procedure and will issue a written direct debit mandate to DIE FITNESSBOX GmbH for this purpose. In addition, the member must ensure that their account has the necessary funds at the time of debiting. If the debit is not possible, the resulting costs plus a processing fee are to be borne by the member. Monthly payments by standing order or bank transfer are not possible.
4.3. Late payment
If the member is culpably in arrears with more than 2 monthly contributions, the entire contributions are due for payment immediately by the next possible end of the contract. DIE FITNESSBOX GmbH reserves the right to charge the member for delay costs. This also includes the costs of an appropriate legal prosecution.
4.4. Additional costs
The membership fee does not include the payment for the use of additionally offered products and services. Any permanent omission of additional services that are subject to a charge, changes to inclusive service offers or limitation of their usage times in a reasonable manner do not entitle the holder to extraordinary termination of the membership. The use of additional services is limited to a level that is not harmful to health.
5. TERM OF MEMBERSHIP AND TERMINATION
After the agreed initial term, the contract is extended by one month if it is not terminated by the member or the studio with a notice period of at least three months before the respective termination period. Thereafter, the contract can be terminated by either party at any time with a notice period of one month.
A monthly membership can be terminated at any time with a notice period of one month to the end of the month.
The termination of the member must be requested in the "DIE FITNESSBOX" app. If it is not possible for the member to cancel via the app for important reasons, the cancellation must be declared in text form by letter or e-mail, stating the membership number of DIE FITNESSBOX GmbH.
DIE FITNESSBOX GmbH can terminate the membership without notice if more than two monthly payments are delayed, if the house rules are violated or if illegal substances (doping agents) are taken.
6. SUSPENSION OF MEMBERSHIP
With a 12-month and 24-month membership, the member has the option of having their membership paused. The break may total a maximum of three months per contract year and is only possible for full calendar months. During the break period, the member is exempt from paying the monthly fee. The break must be requested within the "DIE FITNESSBOX" APP at least 15 days before the start of the first month of the break. A rest period occurs if the studio agrees to the request. The studio is free to decide whether and to what extent an application for a rest period will be approved. Membership is extended by the period of the break. An extraordinary right of termination remains unaffected.
7. LIMITATION OF LIABILITY
Liability for the loss of or damage to clothing, valuables and money brought along is not accepted, unless the loss or damage is due to grossly negligent or intentional behavior on the part of the studio.
The studio is not liable for slight negligence. This does not apply to damage resulting from injury to life, limb or health or the violation of essential contractual obligations that are based on a negligent breach of duty by the studio or a vicarious agent. Significant contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely.
8. PRIVACY
All data protection declarations and information are regulated in the data protection notice, which is an express part of this agreement. The data protection information can be viewed at any time within the "DIE FITNESSBOX" app.
9. VIDEO SURVEILLANCE
"DIE FITNESSBOX" studios are monitored with video cameras in compliance with all the requirements of the Federal Data Protection Act.
10. FINAL PROVISIONS
10.1. Changes to these Terms and Conditions
DIE FITNESSBOX GmbH is entitled to change these General Terms and Conditions with effect for the future. The changes become effective when DIE FITNESSBOX GmbH refers to the changes, the member can take note of the changes and does not object to them within two weeks of receipt of the change notification. In the event of an objection, DIE FITNESSBOX GmbH is entitled to terminate the membership contract extraordinarily.
10.2. Prohibition of offsetting
The member may only offset undisputed or legally established claims against the studio.
10.3. Invalidity of individual provisions
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.
(as of 07/2022)
