top of page
General terms and conditions of business
1. General
1.1 These General Terms and Conditions (GTC) for the provision of services apply to contracts concluded between the Client and the Contractor incorporating these GTC.
1.2 To the extent that additional contractual documents or other business terms in text or written form have become part of the contract in addition to these GTC, the provisions of such additional contractual documents shall prevail over these GTC in the event of any conflict.
1.3Any terms and conditions deviating from these GTC that are used by the Client shall not be recognized by the Contractor, unless expressly agreed otherwise.
2. Subject Matter of the Contract and Scope of Services
2.1 As an independent contractor, the Contractor provides the following services to the Client:
The provider offers services in the areas of personal training and nutrition coaching. In particular, the services include the creation of individualized training and nutrition plans, the conduct of personal training sessions, and accompanying consultation sessions to support the Client’s personal goals. The specific content is coordinated individually. No specific outcome is owed, for example with regard to weight loss, muscle gain, or other physical changes.
2.2 The specific scope of services is subject to individual agreements between the Contractor and the Client.
2.3 The Contractor shall provide the contractually agreed services with the greatest possible care and diligence, in accordance with the latest standards, rules, and findings applicable at the time.
2.4 The Contractor is obliged to provide the contractually owed services. In performing the services, the Contractor is not subject to any instructions regarding the manner of performance, the place of performance, or the time of performance. However, the Contractor will schedule working days and allocate time in a way that achieves optimal efficiency in performing the services and in realizing the subject matter of the contract. The Contractor’s performance of services takes place only in coordination and alignment with the Client.
3. Client’s Duties to Cooperate
It is the Client’s responsibility to provide complete and correct information, data, and other content required for the performance of the services. The Contractor shall not be responsible in any way for delays or late performance caused by delayed or necessary cooperation and/or contributions by the Client; the provisions under the heading “Liability / Indemnification” remain unaffected.
4. Remuneration
4.1 The remuneration shall be agreed individually in the contract.
4.2 The remuneration is to be paid before the services are rendered. If the remuneration is measured by time periods, it shall be paid after the end of each time period (Section 614 German Civil Code (BGB)). In the case of expense-based billing, and subject to deviating agreements, the Contractor is entitled to invoice services rendered on a monthly basis.
4.3 After services have been provided, the Contractor will issue an invoice to the Client by post or by email (e.g., as a PDF). The remuneration is due for payment within 14 days after receipt of the invoice.
5. Liability / Indemnification
5.1 The Contractor shall be liable without limitation on any legal basis in cases of intent or gross negligence, in cases of intentional or negligent injury to life, body, or health, on the basis of a guarantee, insofar as nothing else is regulated in this respect, or due to mandatory statutory liability. If the Contractor negligently breaches a material contractual obligation, liability shall be limited to the typical, foreseeable damage, unless unlimited liability applies under the preceding sentence. Material contractual obligations are obligations that the contract imposes on the Contractor according to its content to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place, and on the compliance with which the Client may regularly rely. Otherwise, the Contractor’s liability is excluded. The above liability provisions also apply with regard to the liability of the Contractor for its vicarious agents and legal representatives.
5.2 The Client shall indemnify and hold the Contractor harmless from any and all third-party claims asserted against the Contractor due to violations by the Client of these contractual conditions or applicable law.
6. Term and Termination
6.1 The contract term and the notice periods for ordinary termination shall be agreed individually by the parties.
6.2 The right of both parties to terminate for good cause without notice remains unaffected.
6.3 Upon termination of the contract, the Contractor shall, without undue delay, return or destroy (at the Client’s choice) all documents and other content provided. The assertion of any right of retention is excluded. Electronic data must be deleted in full. Excluded from this are documents and data for which a longer statutory retention obligation exists, but only until the end of the respective retention period. Upon request, the Contractor shall confirm the deletion in writing.
7. Confidentiality and Data Protection
7.1 The Contractor shall treat as strictly confidential all matters that become known to the Contractor in connection with the assignment. The Contractor undertakes to impose the confidentiality obligation on all employees and/or third parties who have access to the contract-related information. The confidentiality obligation applies for an unlimited period beyond the term of this contract.
7.2 The Contractor undertakes to comply with all data protection regulations when performing the assignment, in particular the provisions of the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG).
8. Final Provisions
8.1 The law of the Federal Republic of Germany applies, excluding the CISG.
8.2 Should any provision of these GTC be or become invalid, the validity of the remaining provisions shall not be affected.
8.3 The Client shall support the Contractor in the performance of the contractually agreed services through reasonable cooperation where necessary. In particular, the Client shall provide the Contractor with the information and data required to fulfil the assignment.
8.4 If the Client is a merchant, a legal entity under public law, or a special fund under public law, or if the Client does not have a general place of jurisdiction in Germany, the parties agree that the Contractor’s registered office shall be the place of jurisdiction for all disputes arising from this contractual relationship; exclusive places of jurisdiction remain unaffected.
8.5 The Contractor is entitled to amend these GTC for objectively justified reasons (e.g., changes in case law, legislation, market conditions, or business/corporate strategy) and while observing an appropriate notice period. Existing customers will be informed by email no later than two weeks before the amendment takes effect. If the existing customer does not object within the deadline stated in the amendment notice, the customer’s consent to the amendment shall be deemed granted. If the customer objects, the amendments will not take effect; in this case, the Contractor is entitled to terminate the contract extraordinarily at the time the amendments would have taken effect. The notice of the intended amendment will indicate the deadline and the consequences of an objection or the absence of an objection.
9. Information on Online Dispute Resolution / Consumer Arbitration
The EU Commission provides an online dispute resolution platform on the internet:
https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer. The provider is neither willing nor obliged to participate in consumer arbitration proceedings under the German Consumer Dispute Resolution Act (VSBG). Our email address can be found in the heading of these GTC.
bottom of page