For the business relationship between the health and fitness coach (hereinafter: “trainer”) and the customer (hereinafter: “customer”), the following general terms and conditions apply exclusively in the version valid at the time of the service.
The subject of the contract is individual advice and support for customers as part of the agreed fitness and health coaching.
The trainer offers the customer a concept that is optimally tailored to the customer. The concept contains various recommendations for training content and nutritional training. The concept takes into account the respective needs and physical abilities of the customer.
The trainer guarantees the customer individual advice. The customer is looked after per- sonally by the trainer. The trainer endeavors to carry out all work with the greatest care and in compliance with general knowledge customary in the industry and in compliance with generally recognized nutritional principles. All recommendations and analyzes are made to the best of our knowledge and belief. The success of fitness and health training is largely outside the trainer’s sphere of influence and depends largely on the cooperation of the person being advised. The training is help for self-help.
The customer is obliged to inform the trainer about his physical fitness before the start of the training session without being asked. If sudden health or mental health problems occur during the training, the customer is obliged to inform the trainer immediately.
Before the start of the training sessions, there is a personal consultation with the customer. The content and goals are agreed during the discussion. During the consultation, the customer informs the trainer about his health and physical limitations.
The duration and location of the training sessions are agreed individually with the customer. Appointments are by appointment only.
Liability for any type of damage, including consequential damage, as a result of the in- formation and recommendations provided is excluded. The fitness and health coach assumes no liability for the usability and accessibility of the counseling objective, even if it endeavors to keep it achievable. The trainer’s liability for breaches of duty and offenses is limited to gross negligence and intent, with the exception of applicable statutory regulations. The trainer is not liable for incorrect information provided by the client.
Training times, fees and package prices are submitted in writing as an offer. All prices are exempt from sales tax. The costs are to be paid in cash or by bank transfer before the first training session.
Transfer to the following account:
Name: Kathrin Kitzbichler, Raiffeisenbank Anthering-Elixhausen IBAN: AT60 3500 7000 1803 9354, BIC: RVSATS007
All appointments are made exclusively by means of a concrete agreement. These agreed dates are binding, so previously booked training hours must be canceled up to 24 hours before the training date if they are not used. In the event of non-compliance for what- ever reason, this will be charged. If the fitness and health coach cancels an appointment at short notice, no claims for compensation can be asserted. Training units that have already been paid for will be credited. Cancellation of the training unit by the customer before the end of the agreed training period does not entitle the customer to reimbursement of costs or time credits. As soon as an outdoor appointment has been set and the weather is bad at that time, the appointment can be canceled by the fitness and health coach. If no cancellation is made, the appointment will take place at the agreed place at the agreed time. The customer is responsible for clothing that is appropriate for the temperature and weather.
The personal data of the customer are stored by the trainer and used exclusively to fulfill the service item specified in § 3.
The trainer is obliged to maintain secrecy about all customer information that has become known in connection with the fulfillment of the training measures. This also applies after the termination of the contractual relationship between the trainer and the customer.
Excluded from the duty of confidentiality are generally and publicly known information.
Unless otherwise stipulated in these GTC, amendments, supplements and ancillary agreements must be made in writing in order to be effective. The written form requirement also applies to the waiver of this formal requirement.
Should any of the preceding provisions be invalid or unenforceable, the validity of the remaining provisions shall not be affected thereby. In place of the invalid or unenforceable provision, a suitable legally valid replacement provision that comes as close as possible to the economic success shall be agreed by mutual consent.
The place of jurisdiction shall be governed by statutory provisions. The law of the Federal Republic of Austria shall apply.
