General terms and conditions

(AGB) by Andrea Ott

§1 Subject of performance/training

1. Andrea Ott undertakes to provide the client with individual advice and support within the framework of the agreed training and health care.

2. if no other agreement is made, the training and health care can be used only by the client personally.

The agreed training and support service shall be understood as a time-determined, contractual service obligation in accordance with § 611 BGB (German Civil Code).

4. the duration of a training session is 60 or 90 minutes, unless otherwise agreed. The type, scope and location are agreed with the client. Possible training content and goals are agreed with the client in advance in a consultation and are followed up at regular intervals.

5. agreements according to §1 par.4 are recorded in writing. Changes are possible at any time and must be made in writing. The reason for changes can be given by both sides.

6. the place of performance of the services of Andrea Ott is Berlin. Other locations are possible by arrangement.

7. the training equipment necessary for the training (mats, dumbbells or other small equipment) will be provided by Andrea Ott.

Andrea Ott shall be available to her clients outside of the training sessions Mon.-Sat. from 6.00 a.m. and 10.00 p.m. within the scope of the agreed training and health care by telephone, fax and/or e-mail. This shall not give rise to any claim to permanent availability of Andrea Ott.

§ 2 Other services

1. additional services of Andrea Ott in the context of personal training such as nutritional counseling, wellness massage, seminars, sporting goods counseling or childcare can be used by arrangement.

2. furthermore, body fat and blood pressure measurement and fitness test can be performed at any time.

3. by arrangement, Andrea Ott can take care of the purchase of sporting goods or training equipment for the client.

§ 3 Costs

1. the initial meeting between client and Andrea Ott is free of charge and without obligation.

2. the cost of a training session (personal training) is 120,00 EURO (60 min) or 160,00 € (90 min). Special prices and discounts according to the corresponding offer.

3. all prices are incl. 19% VAT

§ 4 Other costs

1. other costs according to § 2 par. 1 According to corresponding offer or separate fee agreement. There is no additional cost for body fat and blood pressure measurement or fitness test.

2. the costs of a doctor, physiotherapist or similar, consulted for holistic health care, shall be borne by the client in the amount of the settlement modalities of the respective service provider.

3. if further costs arise due to the desired sports and/or training contents of the client (entrance fees, monthly fees, place rentals and/or rental fees), these are to be borne by the client.

4. if Andrea Ott purchases products (sporting goods, etc.) on behalf of the client, the goods shall remain the property of Andrea Ott until full payment has been made by the client.

§ 5 Terms of payment

1. payment method either in cash or as a bank transfer to the account of Andrea Ott. Unless otherwise agreed, payment is made before the start of the training.

2. the individually agreed validity period applies to the purchase of a 10-series.

3. as long as possible invoices are not settled by the client, there is no right to further training sessions.

§ 6 Liability

1. there is a business liability insurance of Andrea Ott to meet any legal liability claims of the client.

2. Andrea Ott shall only be liable for intent and gross negligence. Any further liability is excluded. Andrea Ott shall not be liable for any non-achievement of the purpose pursued by the client in entering into the contract beyond the provision of its owed service.

3. if the client makes use of services of cooperation partners or other companies mediated by Andrea Ott, he shall do so at his own responsibility. Andrea Ott shall not assume any warranty for goods and services received by the client from them. The same shall apply to products that Andrea Ott has purchased on behalf of the client. Legal claims must always be addressed to the respective company.

4. the client has to insure himself/herself against accidents and injuries that may occur during the personal training. The same applies to the direct route to and from the training location.

5. for all links from to other sites, Andrea Ott expressly emphasizes that she has no influence on the design and content of the linked pages. The operators of the linked pages are exclusively responsible for their content.

6. the client is liable for intentional and grossly negligent damage or destruction of the training material entrusted to him.

§ 7 Prevention and absence

1. in case of prevention, the client has to cancel as soon as possible, but no later than 24 hours before the start of the training. Otherwise, the agreed fee for the booked training session will be charged in full.

2. if, due to serious illness or relocation to another city, the client is unable to use the training sessions already paid for in the foreseeable future in all probability, an agreement will be reached in the interest of both parties.

3. if the execution of a training session is not possible due to unforeseeable circumstances or force majeure or not at the originally agreed location, the training session will take place at another location if necessary or will be postponed to a new date. The decision on the implementation is always made by mutual agreement with the client.

4. if Andrea Ott cancels an appointment at short notice, any training sessions already paid for will be credited or refunded upon request.

§ 8 Data protection and confidentiality

1. personal data shall be stored by Andrea Ott and used exclusively for the fulfillment of the aforementioned object of performance.

2. the stored data will be deleted 10 years after the last booked training session. In all other respects, the provisions of the General Data Protection Regulation (DSGVO) apply.

3. the client undertakes to maintain confidentiality about any business and trade secrets of Andrea Ott, even beyond the termination of the framework agreement.

4. Andrea Ott shall maintain confidentiality about all information of the client that has become known in connection with the fulfillment of the training and support measures, even beyond the termination of the framework agreement.

§ 9 Other agreements

1. both parties recognize agreements and arrangements for the booking of training sessions as binding, provided that they have been mutually confirmed. This applies to all means of communication used, such as telephone, fax or e-mail.

2. both parties undertake to be loyal to each other and will in no case make negative comments about the other’s person or products or services or affect the other’s reputation and prestige.

3. unless otherwise stipulated in these general terms and conditions, amendments, supplements or ancillary agreements must be made in writing in order to be effective. The written form requirement also applies to the waiver of this formal requirement.

Should one of the preceding provisions be invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. In place of the invalid or unenforceable provision, a suitable legally valid replacement provision that comes as close as possible to the economic success shall be agreed by mutual consent.

5. the place of jurisdiction is agreed to be Berlin. The law of the Federal Republic of Germany shall apply.