Terms and Conditions

General Terms and Conditions (GTC)
for FORMBAR. Tamara Schumacher
1. Scope of Application
1.1. These General Terms and Conditions (hereinafter referred to as "T&Cs") apply to all fitness contracts between
FORMBAR.
Ms. Tamara Schumacher
Raiffeisenstraße 54
6713 Ludesch
and the members about the use of the FORMBAR fitness studio.
By booking and ticking the corresponding box, the member accepts these GTC.
1.2. Gym, FORMBAR, is the branch of the gym operator Ms. Tamara Schumacher, to which the member is entitled to enter and use.
1.3. Members are those persons who are entitled to enter and use the fitness studio on the basis of a fitness contract concluded with the gym operator Ms. Tamara Schumacher.
1.4. These T&Cs are posted in Studio FORMBAR. In addition, the T&Cs are also available on the www.formbarstudio.at website.
2. Conclusion of Contract
2.1. The fitness contract between the fitness studio operator Ms. Tamara Schumacher and the member is concluded by signing the fitness contract in the FORMBAR fitness studio, by concluding the fitness contract via the website of the fitness studio operator Ms. Tamara Schumacher ("Online Contracts") or the company's own APP. For online contracts with consumers, the special provisions according to point 8 of these GTC also apply. If individual contractual provisions are agreed between the member and the gym operator Ms. Tamara Schumacher in the fitness contract that contradict these GTC, the provisions made in the fitness contract take precedence over the GTC. The other provisions in the GTC, which do not contradict the individual contractual provisions, remain in force.
2.2. When concluding the contract, the member must be given a copy of the fitness contract. The member must be provided with further copies of the contract upon request. The copy can also be sent digitally by e-mail.
2.3. Fitness contracts with minors (under 18 years of age) can only be concluded with the written consent of the legal representative. In this case, a fully completed and signed consent form must be presented before the first participation.
3. Object of performance and scope of services
3.1. The type and scope of the services are based on the fitness contract concluded between the gym operator Ms. Tamara Schumacher and the member as well as the additional services or packages offered and selected. MALLEABLE. offers in particular:
Reformer Pilates group courses (max. 6 people), personal training, beginner offers, multiple bookings in the form of blocks, membership models, individual bookings.
The number of participants is strictly limited due to the number of devices.
3.2. A transfer of membership is excluded.
4. Use of the gym
4.1. Granting of access
4.1.1. Each member is entitled to enter and use the fitness studio and its facilities during the opening hours in accordance with point 5 and in accordance with the fitness contract.
4.1.2. Access to the gym is only possible with a valid membership or after booked service.
4.1.3. Animals are not permitted.
4.1.4. Members who are under the influence of alcohol and members who are under the recognizable influence of other narcotics or narcotics may be denied access for the duration of the impairment.
4.1.5. It is prohibited to bring weapons, alcoholic beverages, illegal addictive substances and narcotics as well as unapproved performance-enhancing substances into the premises(s) of the gym.
4.2. Hygiene rules
4.2.1. For hygienic reasons, entry and use of the reformer equipment and training area is only permitted with sportswear and clean sports shoes or socks. The member must also carry a towel with him, which is to be placed on the reformers or mats to keep sweat from them. For hygienic reasons, the training area may not be entered barefoot.
4.2.2. The taking or consumption of food brought along is prohibited.
4.2.3. All areas of the gym must be kept clean or left by the members as they were found. Waste must be disposed of in the designated trash cans.
4.3. Safety rules
4.3.1. All reformer devices may only be used in accordance with their intended use. In case of ignorance, each member is obliged to inform himself about the application instructions and operating instructions before using a training device and to observe them when using the equipment. In case of ambiguities in this regard, especially before the first operation of a piece of equipment, a briefing of the gym operator Ms. Tamara Schumacher or her employees must be obtained.
4.3.2. All facilities, training equipment and training areas must be treated with care and gently.
4.3.3. Items brought along must be properly stowed in the storage boxes provided for this purpose and must not be left behind in the gym. The gym operator Mrs. Tamara Schumacher is not liable for the loss of items left behind, in the event of theft or burglary of storage boxes by other members or accompanying persons.
4.4. Refraining from endangerment and nuisance
4.4.1. Each member must refrain from unnecessary noise, nuisance and any danger to other members.
4.4.2. The taking of photos and videos of other members is only permitted with their prior consent.
4.4.3. In the event of injuries to other members, each member is required to take reasonable assistance measures and to provide first aid. These measures are posted in the studio.
4.4.4. If a member does not put an end to the endangerment and harassment of other members despite repeated warnings by the gym operator Ms. Tamara Schumacher or his employees, he or she may be expelled from the premises of the gym on the day on which the act of harassment or endangerment was committed, regardless of the right to terminate the contract pursuant to 7.2.
4.5. Miscellaneous
4.5.1. The offer and holding of any independent business in the fitness studio, such as paid coaching, courses or other fee-based training units, requires prior individual agreement with Ms. Tamara Schumacher.
4.5.2. The gym operator Ms. Tamara Schumacher is not obliged to check the mental and physical suitability of a member. The chosen type, scope and intensity of the training are the personal responsibility of each individual member. It is strongly recommended to always align the training with individual physical abilities and to stop the exercises if symptoms occur and to consult a doctor if necessary.
4.5.3. The gym operator Ms. Tamara Schumacher may conduct a consultation with training recommendations on a case-by-case basis, without obligation and without being obliged to do so.
Any recommendations made by the gym operator and her employees reflect the coach's subjective assessment; the selection of the appropriate training program is always the sole responsibility of the member and is his or her own area of responsibility. A consultation can in no way replace medical or therapeutic advice. There is no legal entitlement to the holding of a counselling session.
4.5.4. Pregnancy, injuries or health restrictions must be reported before the start of the course. The training does not replace medical treatment.
4.5.5. In the event of sudden or general changes in mood, such as nausea, dizziness, heart problems, general malaise, the member will immediately inform the trainer or discontinue the training of his or her own accord. In the event of a deterioration in the member's state of health that is not attributable to the trainer, the trainer or the owner Ms. Tamara Schumacher shall be held harmless and indemnified.
4.5.6. The member sees no reason for a medical visit - in order to obtain a declaration of non-objection for fitness and strength training and declares that the studio FORMBAR. Mrs. Tamara Schumacher is excluded from any liability.
 5. Opening hours
5.1. The Studio does not have general opening hours for the public. Appointments for consultations, viewings or other concerns can only be made by prior appointment by e-mail info@formbarstudio.at or by telephone +43(0)68181161934.
During the course times, no spontaneous visit is possible in order to ensure a quiet and undisturbed training process for the participants.
6. Remuneration
6.1. The contractually agreed fee (membership fee) is due for payment in advance on the 5th of each month. The membership fee includes VAT in the respective statutory amount. Payment is timely if it has been initiated on the due date.
6.2. In the event of default of payment, the fitness studio operator Ms. Tamara Schumacher is entitled to charge default interest at the statutory rate. In the case of payment arrears for which the member is responsible (culpable default of payment), debt collection costs can also be claimed - to the extent permitted by law - provided that the costs for the recovery of the arrears are necessary and appropriate and are in reasonable proportion to the outstanding claim.
7. Term of the contract and (premature) termination of the contract
7.1. The contract is concluded for an indefinite period of time. The minimum contract term is specified in the fitness contract. Unless otherwise agreed in individual cases – this is 30 days. The contract can be terminated by either party for the first time at the end of the minimum contract term (i.e. the contract ends at the end of the last day of the minimum contract term) and at the end of each calendar month after the minimum contract term has expired. The termination is timely if it has been notified to Ms. Tamara Schumacher by e-mail or letter at least one month before the end of the contract.
7.2. The gym operator Ms. Tamara Schumacher may terminate the contract with immediate effect – even before the expiry of the minimum contract term and without being bound by notice periods and dates – if:
7.2.1. the member is in arrears with the payment of the membership fee and the outstanding membership fee is not paid in full despite a grace period of at least 14 days;
7.2.2. the member repeatedly violates the regulations for the use of the gym (point 4 of these GTC) despite two unsuccessful warnings;
7.2.3. the member commits a judicially punishable act in the gym that can only be committed intentionally.
7.3. The Member may temporarily suspend the Agreement with immediate effect – including before the expiry of the Minimum Contract Term – if:
7.3.1. the Member is prevented from training for more than 30 days due to illness or accident; or
7.3.2. the Member learns of her pregnancy after the conclusion of the fitness contract.
The prevention must be certified by a medical certificate. In the case of pregnancy, the presentation of the mother-child passport or a corresponding medical certificate is required for certification.
7.4. For the duration of the suspension, the member is exempt from paying the membership fee. The services of the fitness contract cannot be used by the member during the duration of the suspension. If the member uses the services of the gym despite the suspension of the contract, there is no exemption from the obligation to pay.
7.5. In the case of pregnancy, the prevention ends 8 weeks after the end of the pregnancy.
7.6. During an agreed suspension of the contract, the contractual services shall be suspended. The minimum contract term is automatically extended by the period of suspension. The next termination option is postponed accordingly.
8. Special provisions for online contracts with consumers
8.1. The fitness contract can also be concluded via the website of the gym operator Ms. Tamara Schumacher. Before concluding such a contract, the essential content of the contract, i.e. the duration of the contract and the price, is summarized. The details (term, notice period, quota) result from the selected tariff. By clicking on the button "order for a fee", a binding offer is then made to conclude the selected fitness contract.
8.2. Consumers can revoke online contracts within fourteen days of the conclusion of the contract without giving reasons. In order to exercise the right of withdrawal, the consumer must inform the gym operator Ms. Tamara Schumacher, FORMBAR, Raiffeisenstraße 54, 6713 Ludesch, +43(0)68181161934 of the decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter sent by post or e-mail). In order to comply with the withdrawal period, it is sufficient to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period. The model withdrawal form attached to the end of these Terms and Conditions can be used for revocation.
8.3. If a consumer withdraws from the contract, the gym operator Ms. Tamara Schumacher will repay all payments made by the consumer without undue delay and at the latest within 14 days from the day on which the notification of withdrawal is received by the gym operator Ms. Tamara Schumacher. For this repayment, the gym operator Ms. Tamara Schumacher uses the same means of payment that the consumer used for the original transaction, unless expressly agreed otherwise; in this case, the consumer will be charged fees for this repayment. However, the consumer must pay an appropriate fee for services used during the withdrawal period compared to the contractually agreed total price.
8.4. The booking is binding online. Payment is made via the payment methods offered.
In the case of memberships, the debit is automatic according to the selected model.
9. Data protection
9.1. The fitness studio operator Ms. Tamara Schumacher attaches great importance to the confidentiality and protection of personal data of her members. The privacy policy is posted in the fitness studio and can be accessed online under www.formbarstudio.at - Terms and Conditions.
10. Final Provisions
10.1. When concluding the fitness contract, the member must provide truthful information about personal data relevant to the contract. The member must immediately notify the gym operator Ms. Tamara Schumacher of any change in contract-relevant data (name, address, bank details, etc.).
10.2. If individual provisions of these GTC are or become invalid, the validity of the GTC remains unaffected.
10.3. Austrian law shall apply to the exclusion of conflict of law provisions and the UN Convention on Contracts for the International Sale of Goods. The language of the contract is German.
10.4. In the case of members who do not have a domicile or habitual abode in Austria or are not employed in Austria, as well as in the case of entrepreneurs, the court in whose district the registered office of the gym operator Ms. Tamara Schumacher is located shall have exclusive territorial jurisdiction.
10.5. By ticking the appropriate box during the online booking process, the Member confirms that he/she has read and accepted these General Terms and Conditions,
to have taken note of the privacy policy and
consent to the processing of his/her personal data in accordance with Art. 6 (1) (a) and (b) GDPR.
11. Sample withdrawal form (for consumers only)
If you wish to withdraw from the contract, please fill out this form and return it to info@formbarstudio.at:
TO:
FORMBAR. Tamara Schumacher
Raiffeisenstraße 54
6713 Ludesch
EMAIL: info@formbarstudio.at
PHONE: +43(0)68181161934
I/we (*) hereby withdraw from the contract concluded by me/us (*) for the provision of the following service (*)

Ordered on (*)/received on (*):

Name of consumer(s):

Address of the consumer(s):

Signature of the consumer(s):

Place, Date:

(*) Delete what is inappropriate