1. Scope of application

1.1 These General Terms and Conditions (hereinafter referred to as ‘GTC’) of

The power of movement GmbH (hereinafter referred to as ‘TPOM GmbH’) apply to the use of all services provided by TPOM GmbH, such as, but not limited to, free trial training sessions, personal training, personal coaching, nutrition counselling and lifestyle counselling (hereinafter referred to as ‘training’). By booking a service, the customer accepts these conditions.

2. Health
2.1 The customer participates in the training voluntarily and at their own risk.
2.2 The customer confirms that they are in good health and that, from a medical point of view, there are no significant physical limitations or acute injuries.

3. Service
3.1 TPOM GmbH is obliged to create individual training and nutrition plans, to carry out training sessions and health-promoting coaching and to provide the customer with professional advice.
3.2 The purchase of a personal training subscription entitles the customer to use the TPOM GmbH premises, training facilities and training equipment. The services offered and the operating times of TPOM GmbH are subject to change at any time.

4. Training location:
4.1 The training sessions may take place in the TPOM GmbH studio or at another agreed location.
4.2 If the personal training takes place at a different location, the customer shall bear the admission costs incurred, which shall be invoiced to the customer.

5. Confidentiality:
5.1 All personal information about the customer shall be treated confidentially and shall not be passed on to third parties.
5.2 The documents, information, etc. provided to the customer as part of a training session (e.g. nutritional advice, goal discussions, training planning, videos, testing) are intended for the customer’s own use only. Disclosure and provision to third parties and/or copying of the corresponding documents, information, etc. is not permitted.
5.3 Personal data of the customer will be treated in accordance with data protection regulations.

6. Explanation of the initial consultation
6.1 The initial consultation and the completion of the health questionnaire are important in order to obtain valuable information for achieving your goals. The better and more specific the goals are set, the more effective and targeted the personal training will be.
6.2 The anamnesis form must be completed truthfully.
6.3 If there are several yes answers in the anamnesis questionnaire, there is an increased health risk and it is recommended to have a medical examination before starting training.

7. Contracts / subscriptions
7.1 Contracts / subscriptions are personal and non-transferable.
7.2 Any non-use of the training offered by TPOM GmbH by the customer does not entitle the customer to a refund or a reduction.
7.3 The duration of the contract is specified in the respective contract. The contract will not be automatically renewed.

8. Appointment:
8.1 The customer must register in advance. There will be no training without an appointment confirmation. An appointment can be made via WhatsApp, by phone, in person or by email.
8.2 Appointments are coordinated between the customer and TPOM GmbH. Changes or cancellations must be made in writing at least 24 hours before the appointment.
8.3 If the customer does not cancel a booked training session in time or does not cancel it at all, the training cannot be rescheduled and the customer will be charged 100% of the associated costs.
8.4 If the customer is up to 20 minutes late, the training will be shortened. If the customer does not arrive until 20 minutes after the start time, the training will be cancelled and will not be rescheduled.
8.5 If TPOM GmbH is late, the missing time will be made up. If the training is cancelled, it will be rescheduled. In either case, a refund is excluded.

9. Booking and payment:
9.1 Training sessions are booked by arrangement. Payment is made in advance and by invoice to the customer.
9.2 If the payment deadline is not met, the customer will not be able to attend any TPOM GmbH training sessions until TPOM GmbH has received the outstanding payment.
9.4 If the invoice is not paid within 10 days, the customer will receive a first reminder. This must be complied with within 5 days. If this period elapses again, a 2nd reminder will be issued and will result in a reminder fee of CHF 30. TPOM Ltd reserves the right to take legal action.
9.5 TPOM Ltd reserves the right to adjust prices at any time and without notice.

10. Copyright:
10.1 The training plans and materials created by TPOM GmbH are protected by copyright and may not be copied or passed on without consent.

11. Termination
11.1 Both parties can terminate the contract with a notice period of 1 (one) month in writing and by the 25th of the month.
11.2 A refund or reduction of the personal training contract is excluded in any case.

12. Amendment of the terms and conditions
12.1 TPOM may change the terms and conditions at any time without notice. These will be brought to the customer’s attention in an appropriate form.

13. Severability clause:
13.1 Should any of the provisions of these terms and conditions be invalid, the validity of the remaining provisions shall remain unaffected.

14. Applicable law and jurisdiction
14.1 All legal relationships between the customer and TPOM GmbH are subject exclusively to Swiss law.
14.2 The exclusive place of jurisdiction for all proceedings is Basel-Land.

15. Disclaimer:
15.1 TPOM GmbH does not accept any liability for injuries that occur during or as a result of the training sessions. The customer is responsible for their own physical health.
15.2 The customer is obliged to follow the instructions of TPOM GmbH.
15.3 TPOM GmbH does not accept any liability for the loss of the customer’s valuables.
15.4 The customer is liable for any damage caused by him to the training facilities and/or training equipment, as well as for the loss of loaned items. He shall bear the full costs of any associated repair and/or replacement costs.
15.5 It is the customer’s responsibility to take out insurance.

As of: October 2024