§ 1. General terms and conditions
§ 1.1 All services are subject to the following agreement in their entirety, provided that they have not been supplemented or modified by other individual agreements.
§ 2. Subject of the service
§ 2.1 MihaPower Training Systems offers the client an optimally oriented and tailor-made training concept. This program may include various training content, sportswear selection and nutritional training, with personal and individual attention from MihaPower Training Systems.
§ 2.2 MihaPower Training Systems undertakes to provide individual advice and support to clients in the context of the agreed training and health advice.
§ 2.3 The concept tailored to the client is based on the information given by the client in the medical history form to be completed and signed by him. Incorrect or missing information will not be charged to MihaPower Training Systems.
§ 2.4 MihaPower Training Systems carries out the activity as a self-employed activity. A business registration exists.
§ 2.5 The terms and conditions also apply to the users of training vouchers. The latest version of the General Terms and Conditions applies.
§ 3. Terms and conditions regarding training
§ 3.1 Prior to the start of the training, the content and objectives of the training are agreed with the client in a counselling session. In addition, the type, extent and location of the training sessions are discussed with the client.
§ 3.2 The duration of a personal training session is 60 minutes or longer. Shorter training sessions must be expressly agreed. Cancellation of the training session by the client, before the end of the agreed training period, does not entitle to reimbursements or time credits.
§ 3.3 MihaPower Training Systems is also available outside of training times by telephone and by e-mail as part of the agreed advisory and support measures. A claim to constant accessibility cannot be derived from this.
§ 4. Terms and conditions regarding payment
§ 4.1 The client receives a written invoice from MihaPower Training Systems, which must be paid within 14 days without any deductions.
§ 4.2 The billing of the training sessions is made completely in advance. In the case of an agreement between MihaPower Training Systems and the customer, full payment may be made in instalments.
§ 4.3 The price of the respective training session results from the respective current price list.
§ 4.4 Travel costs will be charged separately depending on the desired training location (0,30 euro cents per each travelled kilometre only within Munich).
§ 4.5 For appointments that are agreed outside of normal working times, meaning during the weekends (Saturday and Sunday), late in the evening (starting from 18 o’clock) or very early in the morning (before 8 o’clock), MihaPower Training Systems charges a surcharge of 25% per training session.
§ 4.6 If the client books and pays in advance for an 8 sessions-package, a discount of 10% per training session will be applied to the normal price.
§ 5. Additional services
§ 5.1 Services that are provided by cooperation partners or other service providers (eg physicians, physiotherapists, performance diagnosticians, etc.) are not included in the remuneration for personal training. The resulting costs are borne by the client himself and must either be paid directly to the respective service provider or charged to the client by MihaPower Training Systems.
§ 5.2 If, due to the desired sports, additional costs (eg. for sports halls, fitness centres, indoor swimming pools, sports facilities, etc.) are borne in full by the client. Depending on the client’s preferences regarding the training location, additional costs might apply for the gym allowance.
§ 6. Liability
§ 6.1 The medical history form must be completed in full before the start of the first training session. In order not to endanger your health this is obligatory. MihaPower Training Systems assumes the duty of secrecy.
§ 6.2 MihaPower Training Systems excludes any liability for material damage and/or personal injury to the client, which was not caused by a grossly negligent or intentional breach of duty by any vicarious agents. Both contractual and non-contractual claims are affected by the aforementioned limitation of liability.
§ 6.3 MihaPower Training Systems shall not be liable beyond the provision of its service for a possible failure to achieve the purpose pursued by the client when entering into the contract.
§ 6.4 If the client uses the services of cooperation partners or other companies or persons mediated by MihaPower Training Systems, he does so on his own responsibility. MihaPower Training Systems assumes no responsibility or warranty for goods or services received from the client.
§ 6.5 The client is responsible for ensuring himself against accidents and injuries that may occur as part of personal training. The same applies to the direct route to and from the training location.
§ 6.6 MihaPower Training Systems cannot be held liable for general risks (such as sprains, colds, soiled or damaged clothing, etc.) associated with the pursuit of the desired sport or training. The resulting damage to personal property and personal injury must always be borne by the client.
§ 6.7 In order to satisfy any legal liability of the client there is a liability insurance of MihaPower Training Systems.
§ 7. Prevention
§ 7.1 To enable effective training, a punctual start of training is required.
§ 7.2 In case of inability to attend, the client has to cancel as soon as possible, but no later than 24 hours before the beginning of the training. Otherwise, the agreed fee for the booked training session will be charged in full. MihaPower Training Systems is not obliged to make up for the late start of a training session that is not its own fault.
§ 7.3 Should the execution of a training session be too dangerous or impossible due to unforeseeable circumstances (such as weather conditions, accident, etc.), the training session may take place indoors or be postponed after consultation. The decision on the implementation is made by mutual agreement with the client.
§ 8. Claims for compensation
§ 8.1 In the case of a short-term training cancellation by MihaPower Training Systems no compensation claims can be asserted. Already paid training sessions will be credited or refunded upon request.
§ 9. Privacy
§ 9.1 The personal data of the clients are stored by MihaPower Training Systems and used exclusively for the fulfilment of the aforementioned subject matter.
§ 9.2 The stored data will be deleted on request, but no later than 24 months after the last booked training session.
§ 10. Secrecy
§ 10.1 The client undertakes to maintain confidentiality with regard to any trade and business secrets of MihaPower Training Systems, even beyond the termination of the framework agreement.
§ 10.2 MihaPower Training Systems is required to maintain secrecy about all information disclosed in connection with the fulfilment of the training and support measures, even beyond the termination of the framework agreement.
§ 11. Contract start and termination
§ 11.1 By signing the anamnesis form and the disclaimer, the contract between the client and MihaPower Training Systems is deemed to be final.
§ 11.2 If the customer fails to pay on a payment by more than 14 days, MihaPower Training Systems may terminate the contract extraordinarily. Further claims remain reserved.
§ 11.3 MihaPower Training Systems generally concludes fixed-term contracts. The client has the right to withdraw from the contract within the first 7 days from the date of conclusion of the contract. The termination of a temporary contract by the client is excluded unless there is a permanent medical indication that makes a continuation of the contract impossible. This indication must be proven by a current medical certificate.
§11.5 The right to termination for an important reason remains unaffected.
§ 11.6 MihaPower Training Systems is entitled to terminate any contract at any time without giving reasons. Prepayments for 1: 1 Personal Training will be reimbursed to the client pro rata and promptly in this case. This does not apply to online training.
§ 12. Other agreements
§ 12.1 Both parties accept agreements and arrangements for the booking of training sessions as binding, provided they have been mutually confirmed. This applies to all means of communication used, such as telephone, fax or e-mail.
§ 12.2 Should one of the contracting parties be unavailable in the event of short-term changes (for example, a delay, location, etc.), the last reconfirmed agreement shall apply.
§ 12.3 Both parties commit themselves to mutual loyalty and will in no case negatively express themselves over the person or products or services of the other or impair its reputation and prestige.
§ 13. Note on measuring methods
§ 13.1 MihaPower Training Systems points out that risk-free body fat measurement and electronic pulse control can only be performed if there are no implants with electronic components (such as cardiac pacemakers) in the body.
§ 14. Fitness for sport
§ 14.1 The customer assures to be fit for the sport. Regardless of the Health Check to be performed by MihaPower Training Systems at the beginning, the client is required to have his health checked, if necessary and if advised by MihaPower Training Systems, to a physician of his choice and personally assess the outcome with MihaPower Training Systems, openly and truthful to discuss. If there are any health problems, a possible training session/schedule is discussed in cooperation with the respective specialist.
§ 14.2 The client will inform MihaPower Training Systems immediately about sudden dysfunctions (such as dizziness, nausea, pain, etc.) before, during or after training.
§ 14.3 If necessary, the customer must ensure that he obtains a medical license for the desired sporting activities.
§ 15. Final Provisions
§ 15.1 Amendments, additions and additional agreements require the written form to be effective unless otherwise stated in these Terms and Conditions.
§ 15.2 Should one of the preceding provisions be ineffective or unenforceable, the validity of the remaining provisions shall remain unaffected. In place of the invalid or unenforceable provisions, both parties mutually agree upon a suitable, legally effective replacement provision as closely as possible to economic success.