This is a translation of the Contrology Pilates Studio GTC originally written in German. In case of differences in interpretation, only the German version shall apply.

1. Scope of application, GTC changes

1.1 The company Contrology Pilates Studio – Amanda Diatta (sole proprietor), Koenigstr. 49, 70173 Stuttgart, Germany, hello@contrology-pilates.de, offers Pilates training on its own premises.

1.2 The term “Customer” describes a person (in particular a consumer) who has concluded a separate contract with Contrology Pilates Studio (hereinafter referred to as the Studio).

1.3 These General Terms and Conditions (GTC) apply to the contracts between the Studio and the Customer for Pilates training as part of a membership in the Studio. Deviating GTC of the Customer shall not become part of the contract, even if the Studio does not expressly object to them.

1.4 The Studio shall be entitled to amend these GTC if the Customer consents to the amendment. The Customer’s consent shall be deemed granted if the Studio has notified the Customer in text form of the proposed amendment to the GTC no later than 6 weeks prior to the proposed date of its entry into force and the Customer does not object in text form within 6 weeks thereafter. The Studio undertakes to inform the Customer of the respective changes with the change notification and by special, highlighted reference to the approval effect of a failure to object in due time.

2. Services

2.1 The Studio offers Pilates training in the form of individual, duet, or group training.

2.2 The time frame as well as the total scope and duration of the personal training result from the Customer’s booking and are agreed separately in the membership contract with the Studio.

2.3 If no other agreement has been made, the training can only be taken by the Customer in person.

2.4 The Customer must have full legal capacity, i.e. be at least 18 years old, or provide proof of the consent of a parent or guardian in the form of a signature on the contract.

2.5 The training sessions are held on the premises of the Studio. If the premises cannot be opened for reasons beyond the control of the Studio, the Pilates training will take place online.

At the Customer’s request, personal training can also take place online, in person on the Customer’s premises, at another location, or outdoors. Any costs incurred for this are borne by the Customer (e.g. entrance fees, travel costs).

2.6 Pilates training sessions are exclusively by appointment. Appointments are booked online via the “Mindbody” platform (mindbodyonline.com). Bookable training periods are pre-set on the platform. Registration on the platform is required before the first booking.

2.7 An agreed appointment must be cancelled at least 24 hours before the agreed time. Otherwise, the training is cancelled without substitution and reduces the Customer’s quota of training sessions. However, the Customer is allowed to prove that no damage was caused, or that the Studio could have assigned the appointment otherwise.

2.8 In the event of a cancellation by the Studio, no claims for compensation can be asserted. Any training sessions already paid will be credited and made up.

2.9 The specific design of the training is the responsibility of the trainer. The trainer may adapt the training concept at any time in order to take account of new, reliable sports science findings, or in order to comply with a change in the Customer’s fitness level for sports.

2.10 The respective trainer will use the techniques and means at her/his disposal for the greatest possible benefit of the Customer. However, the agreed training and support services are to be understood as a contractual service obligation and do not include a promise of success in achieving the training goal.

3. Conclusion of contract, booking, payment, contract duration, termination

3.1 The Customer and the Studio conclude a separate membership contract. For this purpose, the Customer contacts the Studio and receives a signed contract either in person on site, or by e-mail. The Customer signs this and hands it over directly, or sends it back to the Studio by mail or e-mail. Only upon receipt of the signed contract by the Studio is the contract effectively concluded. If the contract is not completed in full (e.g. because the GTC are not accepted), no contract is concluded between the Customer and the Studio.

3.2 If the contract is not concluded in person but instead online, by telephone, etc., the Customer has the right to withdraw from the contract within fourteen days without giving any reason (see also section 8).

3.3 The fee cannot be reclaimed. This applies in particular if the Customer cancels a booked training session less than 24 hours in advance, or does not use the full number of booked training sessions (quota of 4, 8, or 12 training sessions per month). Exception: The Customer is unable to exercise for a longer period of time for reasons beyond her/his control (e.g. serious accident, long-term illness). For this period, payment obligations are suspended. The length of the contract, including the obligation to pay fees, shall be extended in accordance with the period of recovery.

3.4 In the event that the Customer is unable to attend the booked volume of monthly training sessions due to vacation or other absence, it is possible to make up the missed training sessions from the month of absence. The training sessions can be made up, after prior consultation with the Studio, up to a maximum of 60 days after the end of the month in which the training sessions were accrued. After the 60 days have expired, the training sessions that have not been made up will be forfeited without replacement.

3.5 The Studio is entitled to cancel bookings if the booked offer is no longer available, or in case of force majeure.

3.6 Membership fees shall be paid monthly, in advance, by direct debit. For this purpose, a SEPA direct debit mandate must be issued to the Studio.

3.7 The contract shall be concluded for a limited period and shall end after the term specified in the contract without requiring termination. The statutory right of both contracting parties to extraordinary termination for good cause shall remain unaffected. The termination must be made in writing (e-mail or letter).

3.8 For the Studio, an extraordinary reason for termination shall also exist in particular if the Customer intentionally provides false information (when registering, booking, and/or later changing her/his data) or has repeatedly violated these GTC, provided that the Studio has unsuccessfully reminded the Customer to comply with the affected contractual obligation (warning) before the extraordinary termination.

3.9 After notice of termination has been given, the training dates already agreed upon within the following 2 days must be paid for in full, unless the reason arises on the part of the trainer.

3.10 If the Customer is in default of payment for longer than 1 debit, the Studio is entitled to discontinue its services until the contributions have been settled and, in addition, to declare termination without notice. If the Customer is in default of payment for more than 3 months, the total amount (until the end of the term) becomes due for payment.

4. Duties of the Customer

4.1 The Customer undertakes to answer truthfully and completely all questions concerning the current and previous state of health and circumstances relevant to training, and to inform the Studio in particular about current medication and existing illnesses.

4.2 The Customer is obligated to truthfully inform the Studio immediately, in person or by e-mail, of any changes in her/his state of health occurring after the start of training, as well as any physical complaints of any kind. A decision on whether to continue training will then be made by mutual agreement.

4.3 The Customer shall notify the Studio immediately of any changes to data relevant to the contract, such as name and address. Costs incurred by the Studio due to the fact that the Customer does not immediately communicate changes to the data are to be borne by the Customer.

4.4 The Customer undertakes to handle the equipment and premises with care. Damage that is not due to normal wear and tear, but was caused by improper use, will be repaired at the expense of the person who culpably caused it. For injuries and damages due to improper use of training equipment and furnishings, liability by the Studio is excluded.

4.5 The depositing of money or valuables in the premises does not create any obligations on the part of the Studio with regard to the deposited items.

5. Health advice

5.1 The Studio points out that references to health, psychology, fitness, and well-being in no way replace a personal medical or psychological consultation, examination, or diagnosis by a licensed physician. A treatment of movement restrictions and diseases in the medical sense does not take place.

5.2 In particular, in the event of physical complaints, health impairments, pre-existing conditions, and current illnesses, the Customer must seek clarification from a physician in a personal consultation as to whether her/his physical and health condition is an obstacle to Pilates training.

5.3 It is recommended not to train if the Customer has a cold or feels unwell, even if an appointment has already been made.

6. Duties of the Studio, liability

6.1 The Studio undertakes to provide the contractually-agreed services for the duration of the agreed contract period, and to keep the equipment and premises in a functioning, safe condition to ensure a smooth and satisfactory training process.

6.2 The Studio is liable for contractual and other claims of the Customer on the merits only for damages (1) which the Studio, its legal representatives, or its agents have caused intentionally or through gross negligence. As well as (2) from injury to life, limb, or health, which is based on a breach of duty by the Studio or a legal representative or agent. Likewise (3) in cases of liability under the Product Liability Act, the assumption of a guarantee or due to fraudulent misrepresentation and (4) caused by the breach of an obligation, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance of which the Customer regularly relies and may rely (so-called cardinal obligation).

6.3 The Studio’s liability in cases (1), (2), and (3) of the preceding paragraph shall be unlimited in amount. Otherwise, liability shall be limited to the foreseeable damage typical for the contract.

6.4 This limitation of liability expressly also applies to lost or damaged valuables (including money), and damage to items of clothing.

7. Notes on data protection

7.1 The Studio undertakes not to disclose any personal and/or confidential data and information to outside third parties. Furthermore, the Studio undertakes to use the confidential information exclusively for the contractually-agreed services, unless the Customer has given her/his consent to other use(s).

7.2 Confidential information and personal data requiring special protection, which the Studio receives in writing or records personally, shall be stored and secured in such a way that no unauthorized third party can access it unless the Customer has given her/his consent.

7.3 The Studio processes the Customer’s personal data in accordance with the applicable data protection provisions. Details are found in the Studio’s Privacy Policy, which was provided to the Customer at the conclusion of the contract and could be downloaded. The Privacy Policy describes what types of data the Studio collects about the Customer, and how the Studio processes this data. The Privacy Policy is not part of any contractual agreement between the Studio and the Customer and is subject to change. The Privacy Policy should therefore be consulted on a regular basis. By using the service, the Customer confirms to have read and understood the Privacy Policy. Insofar as personal data of the Customer is processed on the part of the appointment booking platform “Mindbody” (mindbodyonline.com), its Privacy Policy shall apply in addition.

8. Right of withdrawal

If the contract is concluded not in personal contact but rather online, by telephone, etc., the Customer, if s/he is a consumer, has the right to withdraw from the contract within fourteen days without giving any reason.

In this case, the services already used will be quantified and charged to the Customer. The Customer undertakes to pay for these. However, the Customer is allowed to prove that the services were not incurred or not incurred to the extent charged.

If the Customer has already made payments to the Studio, a (pro rata) refund will be made, less the services used.

A corresponding cancellation policy will be provided to the Customer following these GTC.

9. Final provisions

9.1 There are no verbal or written collateral agreements.

9.2 If individual provisions of these GTC or the concluded contract are or become invalid, in whole or in part, the remainder of the contract shall remain valid. The invalid provision shall be replaced by the statutory provision.

9.3 German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

9.4 In case of complaints about the Studio, the Customer may at any time contact the European platform for online dispute resolution in consumer matters: https://ec.europa.eu/consumers/odr/

9.5 The Studio is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

– END OF TERMS AND CONDITIONS –

Right of withdrawal

As a consumer, you are entitled to a statutory right of withdrawal for a service booked online.

Below, we instruct you about the statutory right of withdrawal.

Cancellation policy

You have the right to cancel this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the date of conclusion of the contract.

To exercise your right of withdrawal, you must inform the Studio (Contrology Pilates Studio – Amanda Diatta, Koenigstr. 49, 70173 Stuttgart, Germany, hello@contrology-pilates.de) of your decision to withdraw from this contract by means of a clear statement (e.g. a postal letter or an e-mail). You can use the attached sample withdrawal form for this purpose, but this form is not mandatory.

In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the withdrawal

If you withdraw from this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you. In no case will you be charged for this repayment.

Expiry of the right of withdrawal

Your right of withdrawal expires in the case of a contract for the delivery of digital content that is not on a physical data carrier. This shall also apply if we, with your consent, have commenced performance of the contract before the expiry of the withdrawal period and you have confirmed your knowledge that your consent will cause you to lose your right of withdrawal upon commencement of performance of the contract.

Sample withdrawal form

(If you want to withdraw from the contract, please fill out and return this form).

To:

Contrology Pilates Studio – Amanda Diatta
Koenigstr. 49
70173 Stuttgart
Germany

hello@contrology-pilates.de

I / we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following service(s) (*)

Ordered on (*) / received on (*)

Name of the consumer(s)

Address of the consumer(s)

Signature of the consumer(s) (only in case of notification on paper)

Date

(*) Delete as applicable

Scope of application

Our general terms and conditions apply to all contracts for the delivery of goods from our store that you conclude with us (Amanda Diatta, Königstr. 49, 70173 Stuttgart, phone: +49 711 46 92 3422, email: shop@contrology-pilates.com) as a consumer or entrepreneur.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside his or her trade, business or profession. An entrepreneur is a natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, is acting in the exercise of its commercial or independent professional activity.

Our General Terms and Conditions apply exclusively. Deviating, conflicting or supplementary terms and conditions shall only become part of the contract if and insofar as we have expressly agreed to their validity. This requirement of consent shall apply in any case, for example even if we execute the contract without reservation in the knowledge of the conditions.

Conclusion of contract

The presentation of the goods in our store constitutes a legally binding offer on our part to conclude a contract. You can accept this offer by selecting the desired goods, placing them in the shopping cart, going through the ordering process and clicking on the button that concludes the ordering process. Alternatively, you can also accept this offer by e-mail.

Contract text

The text of the contract is saved by us after the contract is concluded. We will send you the details of your order and our general terms and conditions by e-mail.

If you create a customer account, you can view the data of your order in your customer account after the contract has been concluded. You can view the current version of our general terms and conditions at any time in our store.

Contract language

The languages available for the conclusion of the contract are German and English.

Input errors

You can check your entries at any time before placing an order and recognize input errors. If necessary, use the functions available in your browser to enlarge the display of your entries. You can correct your entries with the help of the correction aids provided in the ordering process and new entries using your mouse and keyboard. You can cancel the order process at any time before placing an order by closing the browser.

Right of withdrawal

If you are a consumer, you have a right of withdrawal. You can view the details of the right of withdrawal at

Prices

The prices quoted in our store are final prices, unless otherwise stated in the description of the goods. According to § 19 UStG we do not charge sales tax.

If shipping or transportation costs are incurred, these will be indicated separately in the description of the goods.

For deliveries to countries outside the European Union, additional costs (customs duties, import sales tax, fees for currency exchange and money transactions, etc.) may be incurred, which are to be borne by you and are not our responsibility. Further information on customs duties and import sales tax can be found, for example, at https://ec.europa.eu/taxation_customs/business/calculation-customs-duties_de, http://auskunft.ezt-online.de/ezto/Welcome.do and http://xtares.admin.ch/tares/login/loginFormFiller.do.

Payment

You can view the details of the payment methods at.

PayPal

If you have selected PayPal as your payment method, you issue a payment instruction as soon as you click the button that completes the order process. The payment is processed by PayPal (Europe) S.à r.l. et Cie, S.C.A., Luxembourg. Further information can be found in our store and at https://www.paypal.com/de/home/. The terms of use apply, which you can view at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full?locale.x=de_DE.

Stripe (credit card)

If you have selected credit card via Stripe as your payment method, you issue a payment instruction as soon as you click the button that completes the order process. Your credit card will be charged at this time. The payment is processed by Stripe Payments Europe, Ltd, Ireland. Stripe Payments Europe, Ltd. is a subsidiary of Stripe, Inc. in the United States of America. Further information can be found in our store and at https://stripe.com/de.

Stripe (SEPA direct debit)

If you have selected SEPA direct debit via Stripe as your payment method, the payment will be processed by Stripe Payments Europe, Ltd, Ireland. Stripe Payments Europe, Ltd. is a subsidiary of Stripe, Inc. in the United States of America. Further information can be found in our store and at https://stripe.com/de. Payment is due as soon as you have issued a SEPA direct debit mandate and the deadline for the advance notification of the SEPA direct debit has expired. The payment will be collected as soon as the deadline for the SEPA direct debit pre-notification has expired.

Delivery

We deliver the ordered goods to the delivery address you specified in the ordering process.

If you wish to collect the goods from us, you can select this in the ordering process. In this case, there are no shipping or transportation costs. We will inform you by e-mail as soon as the goods are ready for collection and agree the time of collection with you. Collection must take place at our registered office.

Retention of title

If we make advance payments (e.g. when purchasing on account), the goods remain our property until the purchase price has been paid in full.

Warranty

The statutory warranty rights apply.

Transport damage

If goods are delivered with obvious transport damage, please complain about such defects to the shipping or transport service provider as soon as possible and contact us immediately. Delaying a complaint or contacting us has no consequences for your statutory or contractual warranty claims and their enforcement. However, you will help us to be able to assert our own claims against the shipping or transport service provider or the transport insurance company.

Dispute resolution

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

Choice of law

The law of the Federal Republic of Germany shall apply without the conflict of law rules of private international law and to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, the mandatory provisions of the law of the state of your habitual residence remain unaffected.