– referred to below as “STUDIO.12” –
1. Scope of Application
The following terms and conditions apply to all contracts concluded between STUDIO.12 and the participant for STUDIO.12 classes and courses.
2. Conditions of Participation
Anyone over the age of 18 (children and youth over the age of 12 with the written consent of their parents or guardians) who has registered and paid the class/course fee can participate in the events of STUDIO.12, provided there are no medical concerns. The participant agrees to participate in the training on his/her own responsibility and to inform STUDIO.12 of any previous illnesses and physical limitations by filling out the registration form before the class/course. STUDIO.12 reserves the right to have a medical clearance certificate presented by the participant if necessary and to exclude the participant from the class/course in case of health concerns.
New customers must arrive at STUDIO.12 at least five minutes before their first class/course visit. If the customer arrives late, participation in the class/course is not possible for insurance reasons.
3. Registration and Conclusion of Contract
The contract comes about with booking through the online booking system of STUDIO.12. Participation in the STUDIO.12 offer (individual classes, course packages and memberships) leads to registration and online registration in the STUDIO.12 booking system. The participant can register, cancel and pay for classes/courses online from there by registering in the online class planner using the access data provided. A class visit is only possible by appointment. Class/course registrations are accepted by STUDIO.12 in chronological order.
The agreed participation fee is due with the conclusion of the contract, i.e. with the classs/course registration of the participant, and is collected via the STUDIO.12 booking system by direct debit. If faulty direct debits are returned to STUDIO.12, the participant pays the additional bank charges and a processing fee of 15.00 Euro. The participant is only entitled to offset, even if any counterclaims are asserted, if the counterclaims have been legally established, acknowledged by STUDIO.12 or are undisputed. The participant is only entitled to exercise a right of retention if the counterclaim arises from the same contract.
The participant may withdraw from the contract in accordance with the following provisions:
a) If a participant withdraws from a personal training course for reasons for which STUDIO.12 is not responsible, he must inform STUDIO.12 at least 12 hours before the agreed course date by telephone, in person or by e-mail, without flat-rate reimbursement of expenses being due. STUDIO.12 is entitled to a lump-sum reimbursement of expenses in the amount of 100 % of the course fee if the cancellation is not declared in due time.
b) If a participant withdraws from a course for reasons for which STUDIO.12 is not responsible, he must inform STUDIO.12 at least eight hours before the agreed course date via the online booking system, without flat-rate reimbursement of expenses being due. STUDIO.12 is entitled to a lump-sum reimbursement of expenses in the amount of 100 % of the course fee if the cancellation is not declared in due time.
c) Unattended or partially completed courses will be forfeited given they were not cancelled by the participant according to the regulations under a) or b) before the beginning of the course. The participant is responsible for the reservation and cancellation of his own place in a course. He is obliged to arrive punctually on the agreed training date. In case of delay, the missed time cannot be made up.
6. Class Cancellation and Change of Classes
Classes that are cancelled for reasons beyond the participant’s control will be refunded or not charged. Further claims by participants for non-attendance of a class (e.g. in case of force majeure) are excluded. STUDIO.12 is entitled to appoint a substitute instructor in case of failure of the instructor or to determine an alternative date.
Participation fees will only be refunded if the entire class is cancelled in time or if the class is cancelled by STUDIO.12. The participant is not entitled to a refund for a training session not attended by him/her.
8. Copyright protection
Audio-visual recordings in the events of STUDIO.12 are not permitted.
STUDIO.12 is liable for damages of any kind only in the case of intent or gross negligence. Any further liability is excluded. This does not apply to damages which are based on injury to life, body or health or on a breach of essential contractual obligations. In case of existing previous illnesses or physical limitations, the participant undertakes to inform the course management of this in advance. In the event of violation of this duty to inform, liability is limited to intent and gross negligence if the damage is related to the previous illness or physical limitation.
10. Scope of Services, Written Form, Amendments to the Contract
The scope of STUDIO.12’s services results from the event description. This contract represents the complete agreement between STUDIO.12 and the participant. The terms of this contract can only be changed by explicit written agreement between STUDIO.12 and the participant.
11. Studio Rules
The participant is obliged to adhere to the valid studio rules.
12. Data Protection
For the purpose of effective participant support, STUDIO.12 stores personal data internally. The data is subject to data protection regulations and will not be passed on to third parties without the consent of the participants concerned.
13. Severability Clause
Should any provision of these contractual conditions be or become invalid or unenforceable, this provision shall be replaced by one that most closely approximates the meaning and purpose of replaced provision in a legally effective manner. The same applies in the event of a loophole. In any case, this shall not affect the validity of the remaining contractual conditions.
Munich, January 2014
Booking Individual Classes
Individual class sessions are booked on a specific class date. The class lasts 60 minutes. The class attendance is booked and paid online via the STUDIO.12 booking system. If the appointment is not cancelled in time according to the General Terms and Conditions of STUDIO.12, the service will be charged as “Participation.” Further opposing claims against STUDIO.12 do not stand.
Booking of 20/10/5 Attendance Cards
These class allotments are booked for a period of nine months (20-course card), six months (10-course card) or four months (5-course card). The class lasts 60 minutes. The class attendance is booked and paid online via the STUDIO.12 booking system. If the appointment is not cancelled in time according to the General Terms and Conditions of STUDIO.12, the service will be charged as “Participation.” Further opposing claims against STUDIO.12 do not stand.
Booking of Memberships
A participant who has a membership can book an unlimited number of classes within a month. Memberships are not transferable. Premature withdrawal from the contract is not possible. Individual class hours are booked by the participant on a specific class date. The class lasts 60 minutes. Membership is booked and paid for online via the STUDIO.12 booking system. If the participant does not cancel the appointment in due time in accordance with STUDIO.12’s General Terms and Conditions, the service will be charged as “Participation.” Further opposing claims against STUDIO.12 do not stand. Booked memberships are not automatically extended, rather end at the close of the booked month. The classes/coureses offered by STUDIO.12 vary. There is no contractual claim on the part of the participant to certain types of classes/courses or a certain number of classes.