General Terms and Conditions EGYM GmbH (Ltd.)
I. General provisions
1.1 The following General Terms and Conditions govern the use of the various services and applications of EGYM GmbH, Einsteinstr. 172, 81677 Munich, Germany (hereinafter "EGYM" or "We") for natural persons (hereinafter "User" or "You"):
- EGYM Website(s) (available at www.egym.com)
- EGYM Power equipment (Training equipment in a fitness facility, e.g. a gym or physiotherapeutic practice), as well as strength and cardio equipment from other manufacturers using the EGYM training software
- EGYM Fitness App (end customer application for smartphone, available for iOS (Apple) and Android (Google))
- EGYM Branded Member App (end customer application for your fitness facility*, available for iOS (Apple) and Android (Google))
- EGYM Gym Finder (platform for the identification of a suitable fitness facility for end customers)
- EGYM Trainer App (supervision application for fitness facilities* and personal trainer for the iPad)
2. Scope of service
2.1 EGYM enables users to use the contractual EGYM services themselves (in the case of the EGYM website or apps) or at the fitness facility agreed upon with EGYM when the contract is concluded (in the case of EGYM power equipment).
2.2 If the user uses free services, EGYM may change, extend or restrict the scope of services at its own discretion.
2.3 EGYM is not obliged to back up data for the user during the contract period or to store or archive the training or other data after the contract terminates. Users themselves are responsible for backing up their data in such a way that it can be restored with reasonable effort.
3. EGYM User account and membership, contract period/termination
3.1 To register, the user needs a valid e-mail address and, for the use of the EGYM apps and website, a password of their own choice. For the use of the equipment, the user needs a personalised RFID chip, usually provided by the fitness facility. Registration is carried out through the activation of the user profile by EGYM. The contractual relationship is personal and non-transferable.
3.2 Upon registration, the user agrees to provide true and complete information and to keep it up to date during the term of the contract.
3.3 The user must have unlimited legal capacity or act with the consent of their legal representative.
3.4 The free EGYM membership and the EGYM user profile can be terminated at any time without notice in writing (e.g. letter, fax, email). Furthermore, the user can delete their EGYM account by using the settings on the EGYM website.
4.1 EGYM is only liable within the framework of the contract for damages to the user, (1) which EGYM or its legal representatives or vicarious agents have caused intentionally or by gross negligence, (2) with injury to life, body or health, which are due to a breach of duty by EGYM or one of its legal representatives or vicarious agents, (3) in cases of liability under the Product Liability Act, from the assumption of a warranty or due to fraudulent misrepresentation and (4) which have arisen due to the breach of an obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the user regularly relies and may rely (cardinal obligation).
4.2 In cases (1), (2) and (3) of the above paragraph, EGYM's liability is unlimited. Otherwise, the claim for damages is limited to the foreseeable damage typical for the contract.
4.3 In cases other than those mentioned in paragraph 1 and notwithstanding the following paragraph, the liability of EGYM is excluded, irrespective of the legal grounds.
4.4 The aforementioned limitations of liability shall apply accordingly to all organs, employees and vicarious agents of EGYM. They do not change the legal burden of proof.
4.5 If the user is supervised by a personal trainer using the EGYM Trainer App, i.e. if training plans and instructions are given to the user, EGYM shall not be liable for any damages resulting from the adherence to these plans and instructions.
5. Extraordinary termination / Prohibited conduct
5.1 The statutory right to extraordinary termination for an important reason remains unaffected.
5.2 An important reason for extraordinary termination may exist in particular in the case of the following unauthorised actions by the user: publication of content with insulting, offensive or illegal content, especially as comments; harassment of other users; publication of illegal content (e.g. profile photos that violate copyrights or the personal rights of third parties or statutory provisions); presence under a false identity, false statements; provision of access IDs or passwords or the use of third-party access IDs or passwords; technical manipulations; copying of software or hardware.
5.3 The user is also entitled to extraordinary termination if training on EGYM power equipment is no longer possible at the fitness facility agreed with EGYM, e.g. if a fitness facility should change the training equipment.
6. Responsibility, warranty, no medical advice/services
6.1 EGYM does not warrant any specific training objectives or results that may be achieved through the use of the EGYM services, nor the accuracy and reliability of the information available through the EGYM services.
6.2 The EGYM services support the health, fitness and wellness of the user through use of the functionalities of the EGYM Power equipment and EGYM Fitness App and Branded Member App (including training- and exercise-related information/guidance), but do not provide medical advice or diagnoses, should not be interpreted as such and do not substitute medical advice.
7. Data privacy
II. Special provisions for individual services and offers
1. EGYM Website
EGYM may enable the user to make their profile (including related data such as in particular training results) accessible and comments available to other EGYM users. In particular, the user may make this profile data available to a user with personal trainer status, if supervised by the latter for training. EGYM is not directly party to the legal relationship between such users and does not assume any obligations or liability in this respect. The arrangement of the legal relationship between users, especially with a personal trainer, is exclusively the responsibility of the users concerned. Notwithstanding this, all users are obliged to comply with their obligations towards EGYM according to these General Terms and Conditions.
2. EGYM Power equipment
EGYM Power equipment is provided by the respective fitness facility. EGYM is only responsible towards the user in connection with the EGYM user account according to the regulations of these General Terms and Conditions and according to the legal product liability.
3. EGYM Apps (EGYM Fitness App and EGYM Branded Member App)
3.1 The necessary technical requirements, e.g. required storage space on your mobile terminal device and required software version, are set out in the description of the app available in the App Store. A further requirement for installation and use on the user's mobile device is a current and valid user account for the respective App Store and an Internet connection. The contractual relationship of the user with regard to their App Store user account shall be governed exclusively by the agreements concluded between the user and the respective App Store.
3.2 The installation and use of the app requires regular data transmission from the user's mobile device. The extent and frequency of the data transfer depend, among other things, on the type and scope of your use of the app. The connection costs incurred for the data transfer are borne by the user according to the contract with their Internet access provider.
3.3 EGYM may further develop the app at any time, as well as extend or change its functionality and issue updates for the app, but shall not be under any contractual obligation to do so. Any updates will be displayed to the user in the app or via the functionalities of the respective App Store.
3.4 By downloading and installing the app, the user receives a personal, simple and non-transferable licence to use the app on the mobile device in accordance with these conditions of use.
3.5 The use of the EGYM apps is exclusively permitted for private, non-commercial use.
4. EGYM Fitness-Finder.com
4.1 fitness-finder.com is an online platform for the search and comparison of fitness facilities, on which advertising offers in the form of vouchers for various fitness facilities (hereinafter referred to as "gyms") are offered. These advertising offers include, in particular, vouchers for free trial training sessions and discounted memberships. The offers on fitness-finder.com always refer to individual specific gyms, whose name and location are indicated in the offer.
4.2 The services of the portal fitness-finder.com are offered exclusively to consumers in line with § 13 German Civil Code.
4.3 If the user has decided on the offer of a gym and has registered on fitness-finder.com, the voucher of the gym will be sent to the user by e-mail.
4.4 The user can redeem the voucher within a period of time defined on the voucher. If the voucher is lost by the user without fitness-finder.com being responsible for this, the user has no claim to receive a replacement voucher. A multiple redemption of vouchers is not possible. The user is not obliged to redeem sent vouchers or to enter into a contractual relationship with the gym.
4.5 fitness-finder.com acts as a pure mediator. Between the user and fitness-finder.com there is no contract for a membership or any other service of the gym. The use of the gym, including the arrangement of trial training and discounted memberships, is exclusively as part of the contractual relationship between the user and the gym. The possibility to redeem the vouchers is the responsibility of the respective gym, fitness-finder.com is therefore not liable for missing or insufficient possibilities for redeeming vouchers, for which EGYM is not responsible.
4.6 Advertising contents in the offers on fitness-finder.com are created by the gyms. This applies in particular to photos as well as information on the location, size, characteristics and condition of the gyms. fitness-finder.com does not guarantee the correctness and completeness of the advertising statements made by the gyms.
4.7 The user is prohibited from abusing the possibility of ordering vouchers for commercial purposes. The vouchers are intended exclusively for personal use. Any sale or commercial exploitation is prohibited. The user is forbidden to order several vouchers through fitness-finder.com in order to obtain an economic advantage that goes beyond a contractual trial training or a discounted membership. An irregular purchase of vouchers is presumed if more than three vouchers are purchased in the same region within two months.
5. EGYM Trainer App
5.1 The offer of the EGYM Trainer App is exclusively for persons of full age who are trained and qualified as fitness trainers and who have a need for the use of the Trainer App. To use the EGYM Trainer App, an iPad with an internet connection is required. For a stable and error-free use of the app, we recommend that you always install the latest version of the app and update it regularly.
5.2 An EGYM user account is required to register as a Personal Trainer. The same login details are entered in the respective input fields of the Trainer App. If the app is used for commercial purposes or by a fitness facility, it must be activated by EGYM. In this case please contact firstname.lastname@example.org.
5.3 A registration with the status "Personal Trainer" can be made dependent on a special confirmation of the status by EGYM. There is no entitlement to this. In particular, EGYM reserves the right to make the registration as a Personal Trainer dependent on proof of qualifications and reliability. EGYM is not party to any contract between the user and his Personal Trainer. EGYM does not assume any obligations in relation to this contract, the establishment and execution of which is exclusively between the user and the Personal Trainer.
III. Final provisions
1. Subject to alterations
2. Applicable law / Place of jurisdiction
2.1 The law of the Federal Republic of Germany shall apply to contracts between the provider and the user, to the exclusion of the UN Sales Convention. The legal regulations for the restriction of the choice of jurisdiction and for the applicability of mandatory regulations, in particular of the state in which the customer as a consumer has their habitual residence, remain unaffected.
2.2 The place of jurisdiction for all disputes arising from the contractual relationship between the user and EGYM is the registered office of EGYM, provided that the user is a merchant, a legal entity under public law or a special fund under public law.
2.3 The contract remains binding in its remaining parts even if individual points are legally ineffective. In place of the ineffective points, the legal regulations, if any, shall apply. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.
[status: July 2020]