General Terms and Conditions of ELEMENTS Fitness GmbH for contracts concluded in the studios
1. Abbreviations
ELEMENTS Fitness GmbH operates several fitness and wellness facilities in Germany and is hereinafter referred to in abbreviated form as ELEMENTS.
2. Scope of Application
These terms and conditions apply to all contracts concluded within the business premises of one of the studios operated by ELEMENTS, and not to contracts for which ELEMENTS offers conclusion exclusively by means of distance communication, such as contracts concluded via internet offerings or an app of ELEMENTS. For such contracts, the General Terms and Conditions provided separately by ELEMENTS within the framework of those contract conclusions shall apply.
3. Rates and Service Descriptions
3.1. Basic Starter Package
The Basic starter package includes an assessment of physical status, the creation of a training plan tailored to the customer’s individual needs based on that assessment, subsequent instruction on the training equipment, a beverage flat rate (linked to the term of the main contract), as well as provision of the wristband for further use.
Specifics regarding the Beverage Flat Rate
The beverage flat rate entitles the customer, during the term of the main contract and during training times, to consume water and mineral beverages from the beverage dispensing system set up for this purpose in an amount of up to 1.5 litres per hour and a maximum of 4 litres per day. Taking beverages away or passing beverages on to third parties is not permitted. Beverages at the reception counter are excluded from the flat rate.
3.2. Plus Starter Package
The Plus starter package includes all services of the Basic starter package and, in addition, 60 minutes of individual personal training and one suspension month.
3.3. Basic Services of the ELEMENTS Rates:
For the monthly usage fee stated within the rates, the customer is entitled during the contract term to co-use all training equipment (with the exception of paid additional equipment – currently Reformer Pilates), the wellness and swimming areas, to participate in the offered training and relaxation classes, and to use the changing rooms and sanitary facilities in all ELEMENTS facilities in the Federal Republic of Germany within the respective opening hours, capacities, and studio equipment.
3.4. In addition to the services described in the rates, the customer may select the following additional services:
3.4.1. Private Locker
If the customer has selected the corresponding additional service, a locker in the ELEMENTS facility indicated on the front page in the “Studio” field shall be provided to the customer for rental use for the duration of the contract term of the additional service against the listed monthly fee. The customer may use the locker continuously during the contract term within the respective access rules of the studio. The locker therefore only has to be cleared by the customer upon the end of the term of the additional service. A one-time deposit of €30 must be paid for the handover of the locker key; this deposit will be refunded by bank transfer upon return of the key.
3.4.2. Towel Service
If the customer has selected the corresponding additional service, ELEMENTS shall provide the customer with a training towel and a sauna towel for use at each training visit for the duration of the additional service term against the listed monthly usage fee.
3.4.3. Locker and Towel Service
If the customer has selected the corresponding additional service, ELEMENTS shall provide the customer, for the listed monthly usage fee and during the contract term of the additional service, with the Private Locker and Towel Service described in the preceding sections 3.4.1 and 3.4.2.
4. Transfer of Membership
The customer’s rights and obligations under the concluded contract may be transferred only with the express consent of ELEMENTS. Such consent must be given at least in text form. In particular, the customer is prohibited from providing the access wristband made available to them to third parties without the consent of ELEMENTS.
5. Contract Terms and Termination Options
5.1. Rates
The contract is initially concluded for the contract term selected in the rate selection, beginning on the date entered in the field “Beginn der Mitgliedschaft” (start of membership). For example, the rate with a term of 1 month has an initial minimum term of one month, the rate with a term of 7 months has an initial minimum term of 7 months, and so on up to the rate with a term of 24 months, which has a minimum term of 24 months.
If no date is entered in the “Beginn der Mitgliedschaft” field, the contract term of the selected rate begins on the day the contract is concluded.
If, in the case of contracts with a term of more than one month, the contract is not terminated with one month’s notice before the end of the selected term, it shall be extended for an indefinite period and may then be terminated at any time with one month’s notice.
Contracts with a minimum term of only one month shall be extended for an indefinite period without termination and may be terminated at any time with 14 days’ notice.
5.2. Additional Services
For the additional services “Private Locker”, “Towel Service”, and “Locker and Towel Service”, the customer may choose whether to select the additional services for the duration of the selected rate term or as an additional service option that can be terminated monthly.
If the customer has booked the additional service for the duration of the selected main rate and the additional service is not terminated with one month’s notice before the end of the selected term, the additional service shall also be extended for an indefinite period and may then be terminated at any time with one month’s notice.
If the customer has selected the monthly terminable option for the additional service, the additional service runs for an indefinite period from the outset and may be terminated at any time with one month’s notice.
5.3. Form of Termination Notices
All termination notices must be made in text form.
6. Due Dates / Default
6.1. Basic or Plus Starter Package
The one-time starter package fee is due upon conclusion of the contract.
6.2. Monthly Payment Option for Rates and Additional Services
If the customer has selected the monthly payment option, the monthly rate payments shall each be due in advance on the first day of the month. By way of derogation, the first pro rata payment is due immediately when the contract begins. If the first day of the month is also the contract start date, the full first payment is due immediately. The final pro rata payment at the end of the contract is likewise due on the first day of the month.
6.3. Advance Payment Option
If the customer has selected the advance payment option, all future monthly rate payments shall become due upon conclusion of the contract, taking into account any cash discount stated on the front page. Any additional services selected shall likewise become due upon conclusion of the contract as a single payment for the entire term.
6.4. Default
If no advance payment option has been agreed and the customer culpably falls into arrears with more than 2 monthly payment obligations during the contractually agreed initial term, all payment fees up to the next possible contract end date shall become due immediately and shall result in termination of the contract after the remaining term.
6.5. Option to Suspend the Contract for Good Cause
The mutual performance obligations under this contract may be suspended by mutual agreement in the event of proven inability to attend (e.g. illness, pregnancy, etc.) for a period to be determined in advance. If the customer wishes such a suspension of the contract during the contract term, they must contact ELEMENTS, which will provide the corresponding suspension applications to the customer. All suspension periods extend the contract term and, in the event of termination, are added to the contract term. Extraordinary termination rights remain unaffected.
6.6. Contract Pause without Good Cause
In addition to the option to suspend the contract for good cause, ELEMENTS offers its customers, depending on the selected rate, the option of pausing the contract during the agreed initial term in accordance with the following provisions:
For a rate term of 14 months, the contract may be paused once for the duration of one full calendar month, and for a rate term of 24 months, twice for the duration of one full calendar month each, against payment of a processing fee charged for the related administrative activities in the amount of €29 per pause month. As a result, the monthly rate fee is not payable during the pause months; however, the next possible ordinary contract end date is postponed by the paused calendar months.
To use the pause months, the customer must submit an application in advance, which must be made in text form at least 3 days before the pause month is used.
The same conditions regarding extension of the contract term and the application deadline also apply to the suspension month included in the Plus starter package.
If the customer has selected the Locker additional service, this must also be paid during the pause months, as this service can also be used by the customer during the pause. If the customer has selected the Locker and/or Towel additional services, only the locker rate included therein must be paid during the pause months. Applications for suspension periods due to professional absence must also be received 3 days before the desired contract pause begins.
6.7. Changes to Customer Data
Changes to the customer’s name, gender, address, or bank details must be reported to ELEMENTS without delay.
6.8. Member Administration / Dispute Resolution Procedure / Warranty
The ELEMENTS member administration can be reached by email at info@elements.com. ELEMENTS does not participate in a dispute resolution procedure before a consumer arbitration board within the meaning of the Act on Alternative Dispute Resolution in Consumer Matters and is not obliged to do so.
The statutory warranty rights apply.
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