General Terms and Conditions of the Street Workout Place GmbH

 

1. Area of application

The general terms and conditions apply to the use of the Street Workout Place in Regensdorf.

2. Membership

The Membership is personal and not transferable.

The member accepts that the entrance area as well as the training area is video monitored to ensure security. After one week these data will be deleted, unless they are necessary for the investigation of criminal offences. The relevant regulations will be observed.

Street Workout Place collects, processes and uses personal data of the member himself or through service providers bound by instructions, as far as this serves the purpose of the contractual relationship or is necessary to solve criminal offences.

3. Offer

Street Wokrout Place offers various services and subscriptions. The offer depends on the paid tariff type. All other services offered at Street Workout Place are not included in the membership fee. Furthermore, there is no entitlement to a specific instructor.

4. Chip card

Entry and exit times as well as the usage of not membership included services will be recorded electronically using a chip card. The corresponding bookings are binding! After one month from the termination of the contract they will be automatically deleted.

For the chip card you have to pay a one time fee of 30 CHF. The person in whose name the chip card is issued, is liable for any damage or loss.

5. Terms, house rules, rules of use, instructions

The member undertakes to comply with the general terms and conditions, the house rules and the fair-play-rules and to follow the instructions of the operating staff.

6. Payment

The membership fee is to be paid upon conlcusion or extension of the contract.

If the membership fee is in arrears on the agredd payment date, a default interest of 5% p.a. will be due. If the membership fee is paid in installments, the entire remaining amount is due immediately in case of a delay of two installments. Starting with the 2nd reminder the member will be charged with 20 CHF each.

7. Liability

The use of the Street Workout Place facility and equipment is at your own risk. Any liability of the Street Workout Place or tis staff is excluded for damages resulting from an accident, injury or illness. Street Workout is not liable for any loss of securities, valuables, money, clothes, chip cards etc. Also excluded is any liability for items deposited at the reception. It is the member's responsibility to tka eout insurance.

8. Operating hours

Street Workout Place is open 24 hours a day, 365 days a year and its supervised during business hours. The offer and the operating hours may change any time. There is no entitlement to a refund or to an extension of membership due to closures necessary for business and/or changes in offers or operating hours.

9. Operating settings

We reserve the right to temporarily or permanently close or partially close one or more facilities at any time. there is no entitlement to reimbursment or extension of membership as a result of a closure.

10. Utilization and deposit (time stop)

There is no reduction or refund of the membership fee in case of failure to use the facility oder courese provided by Street Workout Place.

The membership can only be interrupted with a subscription period of 6 or 12 months as folls (time stop):

Subscription with 6 Mt. duration - For max. 21 days / year - Min. 7 days / time stop

Subscription with 12 Mt. duration - For max. 42 days / year - Min. 14 days / time stop

The time stop must be announced before absence. A retroactive time stop is only possible in case of illness or accident. This must be applied for in the first month after the loss of the medically certified inability to train. Applications submitted at a later date can no longer be considered. A time stop is granted in case of professional military and civil service. The administrative costs are 20 CHF per time stop and must be paid in advance.

11. Contraventions

It's strictly forbidden to bring prescription drugs that are not for the personal and medically prescribed member and/or other drugs that are intended to increase physical performance (anabolic steriods) into the facility. In the same way, it's strictly forbidden to offer, distribute, mediate or otherwise make available such drugs to others, whether for payment or free of charge. Street Workout Place has the right to terminate the contract with immdeiate effect and may bring ciminal charges if the member violates this agreement. Street Workout Place reserves the right to claim damage in this case.

Members who assist non-members to entre the member'area (after the tripod barrier, which means changing rooms and training area), will be charged the full price of an annual membership of 890 CHF.

Serious or repeated violations of the general terms and conditions, house rules fair-play-rules or instructions of the staff may result in a ban from the house. There's no right of a refund of the membership fee. In the event of violations, in particular through misuse of the chip card, the right to file a criminla complaint is expressly reserved.

12. Term of contract

The duration of the contract depends on the contract.

The membership contract expires automatically after one year without notice. Any remaining credit balance on the chip card will be refunded during one month from the end of the contract. After one month the credit expires.

Withdrawl from the contract and corresponding refunds can only be granted in cases of hardship, such as prolonged illness, accindet or a definitive change of domicile from the trainings area of the Street Workout Place (>30 km) and exclusively for annual subscriptions, whereby no entitlment to such a refund exists. The membership contract must be submitted together with a wrtitten request for reimbursment and the necessary confirmations such as medical certificate, employer's confirmation, proof or residents'registrations office, etc. Until the 6th month the member is entitled to a refund of part of the actually paid membership fee*, after that the membership is considered to be written off.

- In the 1st month: refund = 50 % of the contract price*

- In the 2nd month: refund = 40 % of the contract price*

- In the 3rd month: refund = 30 % of the contract price*

- In the 4th month: refund = 25 % of the contract price*

- In the 5th month: refund = 15 % of the contract price*

- In the 6th month: refund = 10 % of the contract price*

- From the 7th month: no refund

*based on the actually paid less 30CHF for administrative expenses

13. Change of the general terms and conditions and house rules

The member expressly acknowledges that the general terms and conditions, the house rules and the rules of use are subject to change and that these are brought to his attention in a siutable form. The member cannot derive any rights from a change in the general terms and conditions ot the house rules.

Swiss law applies. Place of jurisdiction is Regensdorf.

14. Applicable law and place of jurisdiction

All legal realtionships arising from this contract are subject to Swiss law. Place of jurisdiction is Regensodrf.

 

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