Terms and conditions

Terms and Conditions Shape yourself GmbH

1. Application of the Terms & Conditions and Conclusion of Contract
1.1 These general terms and conditions (T&Cs) apply to contracts with customers made through the provider's website or on-site with employees.
1.2 The order is confirmed by Shape yourself GmbH. The contract is considered concluded as soon as the customer has paid.

2. Purpose
2.1 Shape yourself GmbH aims to provide personal training and coaching, particularly in the areas of sports, health, and fitness. Additionally, it offers performance diagnostics, nutrition counseling, and mental coaching, as well as guidance on training structure and use of fitness equipment. Furthermore, it organizes and conducts fitness courses and workshops.

3. Legal Age
3.1 The customer must be of legal age to use the services of Shape yourself GmbH. Minors are excluded from the service offerings.

4. Prices and Payment
4.1 Prices are listed in Swiss Francs (CHF). VAT and handling fees are included. Unless otherwise stated, shipping costs are charged separately.
4.2 Shape yourself GmbH reserves the right to adjust prices at any time. For customers, the prices communicated at the time of the order are applicable.
4.3 Shape yourself GmbH provides services in advance of payment. The customer may pay in cash, by bank transfer, Twint, or PayPal. For subscriptions or training packages, the total amount is due immediately. Installment payments are excluded.
4.4 In exceptional cases (at the provider's discretion), Shape yourself GmbH may provide services on account. In such cases, clauses 4.1 and 10.1 apply accordingly.

5. Equipment and Devices
5.1 For on-site sessions: The trainer provides the necessary equipment for the customers. The trainer tailors the equipment to the individual sessions and the customer’s personal needs. Customers may also provide equipment, but it must be in proper working condition.
5.2 For online sessions: The necessary equipment is discussed with the trainer, and customers may need to purchase or provide it themselves. The customer must ensure they have the required equipment at the time of training. Shape yourself GmbH is not responsible for delays caused by the customer not having the equipment on time.
5.3 If the customer wishes the sessions to take place exclusively in a fitness studio, they are responsible for covering any additional costs incurred.

6. Offers & Validity / Training Plan
6.1 The offer includes, depending on the type, participation in the course program. The offer may change at any time, and no claim for refunds or membership extensions can be derived from this.
6.2 The types of offers include:

- Personal training session on-site (1-1)

- Personal training session on-site (partner session)

- Personal training session on-site (mini-groups)

- Personal training session on-site (corporate)

- Personal training session online (1-1)

- Personal training session online (partner session)

- Creation of a personal training plan for the customer

6.3 The validity of subscriptions or training packages is three months from the first use and is non-refundable or transferable to third parties.
6.4 The preparation of the personal training plan usually takes up to three working days from the contract conclusion.
6.5 The recommended weights in the plan are reference values and will be adjusted up or down if the weight is too light or heavy.
6.6 When purchasing a personal training plan, the customer is required to implement the instructions and recommendations provided by the trainer independently. The customer must ensure they are physically capable of completing the course program. In case of doubt, the customer is advised to seek medical advice before starting personal training (see clause 15.1 below).

7. Training Modalities
7.1 Personal training can take place outdoors, at the customer’s home, at the trainer's home, or in a fitness studio. Personal preferences can be arranged with the trainer.
7.2 For personal training, the training modalities, duration, and content of the sessions are tailored to the customer’s individual needs.
7.3 In case of bad weather, the appointment can be canceled or moved indoors by the trainer. No cancellation fee will be charged to the customer.

8. Cancellations
8.1 The customer has the right to cancel a booked personal training session up to 24 hours before it starts, free of charge.
8.2 Appointments canceled later will be fully charged to the customer.

9. Illness or Accident
9.1 If personal training cannot be resumed due to illness or accident, the session cannot be rescheduled unless a valid medical certificate is provided within three days of the event. Transferring the session to third parties or receiving a refund is excluded (see clause 6.3 above).

10. Reminder Fees
10.1 If the customer does not pay within 14 days of the due date, Shape yourself GmbH may charge a reminder fee. The first reminder is CHF 5, the second reminder is CHF 10.

11. Postponements for Holidays
11.1 Shape yourself GmbH reserves the right to postpone training sessions for holiday purposes with timely written notice. This requires the customer’s agreement.
11.2 During the announced holidays, no personal training sessions will take place.

12. Force Majeure
12.1 For pre-paid amounts or contract extensions, no refund or extension claims arise due to interruptions caused by force majeure.

13. Liability for Online Connections
13.1 Shape yourself GmbH is not liable for defects and disruptions in online connections that are beyond its control.

14. Disclaimer of Liability / Customer Consent
14.1 Shape yourself GmbH and its employees are not liable for damages resulting from injuries, illness, or accidents of its customers. Personal training is at the customer's own risk. The customer must follow the trainer’s instructions and recommendations (see clause 6.6 above).
14.2 The customer is responsible for ensuring adequate insurance against illness and accidents (see clause 16 below).
14.3 Liability towards Shape yourself GmbH and its employees is fully excluded.
14.4 By signing the consent form and filling out the health questionnaire truthfully, the customer acknowledges being informed of the potential risks associated with personal training.
14.5 Shape yourself GmbH and its employees are not liable for customers' personal belongings.

15. Health Questionnaire / Data Protection & Confidentiality
15.1 Before starting personal training, the customer must inform the trainer about their fitness without being asked. The health questionnaire is the main tool for this; it must be filled out completely and truthfully by the customer. If there is a health risk after evaluating the health questions, the customer is advised to consult a doctor at their own expense before beginning personal training. If the customer chooses not to consult a doctor, this will be noted on the health questionnaire and signed by the customer.
15.2 If health problems arise during personal training, the customer is obligated to immediately inform the trainer.
15.3 All information in the health questionnaire is subject to data protection laws (DSG) and the confidentiality obligation of Shape yourself GmbH and its employees. It will be treated confidentially and not shared with third parties.
15.4 Every customer is required to sign a consent form before the first personal training session, indicating that they have been informed of the potential risks and dangers involved (see clause 14.4 above).

16. Insurance Coverage
16.1 The customer is responsible for ensuring they have adequate insurance coverage.
16.2 It is recommended that the customer be insured against accidents and illnesses that could arise during the personal training sessions.

17. Severability Clause
17.1 If any provision of these T&Cs is found to be invalid or unenforceable, the validity of the remaining provisions shall not be affected.

18. Applicable Law / Jurisdiction
18.1 Swiss law applies to disputes arising from this contract.
18.2 The place of jurisdiction is the company's registered office.