Terms and conditions
1. Scope
1.1 These gerneral terms and conditions (hereinafter referred to as “T&C”) of The power of movement GmbH (hereinafter referred to as “TPOM”) applies to the use of all services offered by TPOM, suchas, but not limited to, free trial training, personal training, nutrition advice, and lifestyle advice (hereinafter as “Training”). By booking a training session, the client accepts these terms and conditions.
2.Health
2.1 The client takes up the training voluntarily and at their own risk.
2.2 The client confirms that they are in good physical health and that, from a medical perspective, there are no significant physical limitations or acute injuries.
3.Services
3.1 TPOM committed to creating individual training plans, conducting training sessions and providing clients with professional advice.
3.2 Purchasing a personal training subscription entitles the client to use the TPOM premises, training facility and training equipment. TPOM offering and operating hours are subject to change at any time.
4.Training location:
4.1 The training sessions can take place in the TPOM’s studio or at another agreed location.
5.Confidentiality:
5.1 All client’s personal information will be treated confidentially and will not be passed on to third parties.
5.2 The documents, information, etc. provided to the client as part of a training course (for example, nutrition advice, target discussions, training planning, videos, testing) are intended exclusively for your own use. Passing on and making available to third parties and / or copying the relevant documents, information, etc. is not permitted.
5.3 Client’s personal data will be treated in accordance with the data protection regulations.
6.Initial consultation
6.The initial consultation and filling out the health questionnaire is important in order to find out valuable information for achieving your goals. The better and more concrete the goals are set, the more effective and targeted the personal training will be.
7.Contracts / Subscriptions
7.1 Contracts / subscriptions are personal and non- transferable.
7.2 If the client does not take advantage of TPOM’s training offer, this does not entitle them to a refund or a reduction.
7.3 The contract duration is regulated in the respective contract. The contract is not automatically renewed.
8.Appointment:
8.1 The client must register in advance. There will be no training without an appointment confirmation. Registration can be done via WhatsApp, by telephone, in a personal conversation or by e-Mail.
8.2 Appointments are coordinated between the client and TPOM. Changes or cancellations must be made in writing at least 24 hours before the appointment.
8.3 If the client does not deregister from a booked training in a timely manner or at all, the training cannot be rescheduled, and the associated costs will be charged to the client at 100%.
8.4 If the client is late by up to 20 minutes, the training will be shortened. If the client only shows up after 20 minutes, the training will expire and will not be rescheduled.
8.5. If TPOM is late, the missing time will be made up. If you are unable to attend, the training will be rescheduled. A refund is excluded in any case.
9.Booking and payment:
9.1 Training sessions can be booked by arrangement. Payment is made in advanced and by invoice to the customer. If the customer does not show up, no refund will be given.
9.2 If the payment deadline is not met, the client cannot attend any training from TPOM until the outstanding payment has been received by TPOM.
9.4 If the invoice is not paid within 10 days, the client will receive a first reminder. This must be complied with within 5 days. If this period elapses again, a second reminder will be triggered and will result in a reminder fee of CHF 30. TPOM certain intends to take legal actions.
9.5 TPOM reserves the right to adjust prices at any time and without prior notice.
10. Haftungsausschluss:
10.1 TPOM assumes no liability for injuries that occur during or as result of the training session. The client is responsible for their own physical health.
10.2 The client is obliged to follow the instructions of TPOM.
10.3 TPOM assumes no liability fort the loss of the client’s valuables.
10.4 The client is liable for any damage caused to the training facilities and / or training equipment as well as for the loss of rental items. They must fully bear the associated repair and / or replacement costs.
10.5 It is the client’s responsibility to take out insurance.
11. Copyright:
11.1 The training plans and materials created by TPOM are protected by copyright and may not be reproduced or passed on without consent.
12. Termination
12.1 Both parties can terminate the contract with a notice person of 1 (one) month in writing and by the 25th of the month.
12.2 A refund or reduction of the personal training contract is in any cases excluded.
13. Changes to the general terms and conditions
13.1 TPOM may change the terms and conditions at any time without prior notice. These will be brought to the attention of the client in an appropriate form.
14. Severability clause
14.1 If individual provisions of these general terms and conditions are invalid, the effectiveness of the remaining provisions remains unaffected.
15. Applicable law and place of jurisdiction
15.1 All legal relationships between the client and TPOM are subject exclusively to Swiss law.
15.2 The exclusive place of jurisdictions for all proceedings is Basel – land.
These terms and conditions regulate the relationship between the client and TPOM. By booking a training session, the client accepts these conditions.
As of: January 2023