TERMS OF CONDITIONS

General terms and conditions of the company

Boxing Sisters GmbH
Pappelallee 78/79
10437 Berlin
Phone +49(0)30 16 63 70 50
E-mail: [email protected]

Commercial register number HRB 231807 B Commercial register of the district court Charlottenburg

Sales tax identification number according to § 27a UmStG DE347050806

1. Definitions

1. Unless otherwise required by the context, the following terms shall have the following meanings in the context of this Agreement.
2. General Terms and Conditions: the General Terms and Conditions used by Boxing Sisters GmbH.
3. Fitness: a service aimed at physical and/or mental activity.
4. Customer: a natural person who is not acting in the course of a professional or commercial activity and who enters into a contract for fitness services.
5. Company: Boxing Sisters
6. Contract: Contract between the Company and the Client for the provision of fitness services.

2. scope of application of the general terms and conditions

1. The business relations between the Company and the Customer shall be governed exclusively by these General Terms and Conditions in the version valid at the time of conclusion of the contract.

3. conclusion of contract

1. By filling in the form “I would like to receive starting information” on the Company’s website, the Customer expresses her interest in a course organized by the Company. Before sending the form, the customer has the opportunity to check the data she has filled in. After sending the form, the customer receives an automatically generated e-mail or WhatsApp message. In this electronic message, the customer receives all information regarding the conclusion of the contract. The receipt of this automatic e-mail or this automatic WhatsApp message does not constitute a contract.
2. The contract between the Company and the Customer shall be concluded upon payment of the fee for the course or membership. The payment can be made by clicking on a link in the automatically generated e-mail or WhatsApp message, whereby the customer is redirected to a payment page of the company by clicking on it. On this website, the customer can make the payment via a payment service offered by the company. With the successful payment, a contract is concluded between the company and the customer.
3. The contents of the contract as well as the other documents made available to the customer by the company are to be treated as strictly confidential.
4. Contracts with minors (under 18 years) cannot be concluded. Participation is allowed only for adults over 18 years.

4. Right of withdrawal

1. Customers have the right to withdraw from the contract within fourteen days from the conclusion of the contract without giving any reason. In order to exercise the right of withdrawal, the customer must inform the company by means of a form that the conclusion of the contract is to be revoked. The form can be sent to the company by mail, fax or e-mail. In order to comply with the revocation period, it is sufficient to send the form on the exercise of the right of revocation before the expiry of the revocation period. However, the right of withdrawal ends with the premature use of the fitness service by the consumer.
2. If a consumer cancels the contract, the company will repay all payments made by the consumer without delay and no later than 14 days from the day on which the company received the notification of cancellation. For this repayment, the company will use the same means of payment that the consumer used for the original payment, unless expressly agreed otherwise; in no case will the consumer be charged for this repayment.

5. Subject matter and scope of services

1. The type and scope of services are determined by the fitness contract and the additional service packages offered and selected (e.g. personal coaching).
2. Membership is personal. Transfer of membership to third parties is excluded without written consent of the company

6. contract duration and (premature) termination of the contract

1. The company offers the customer at least one of the following choices:
   1. The introductory course, where the customer receives 12 credits (right to participate in 12 classes), which she can freely use in a period of 9 weeks for one of the courses offered by the company (Boxing Sisters beginners and advanced courses). The contract ends automatically after the credits have been used up or after the 9-weeks period has expired and does not require any further notice of termination. An interim termination without good cause is excluded here.
   2. A flexible membership for a period of four weeks, which can be cancelled monthly with a month’s notice to the end of each month. Participation in an entry-level course is a prerequisite for this membership.
   3. A loyalty membership for a period of at least one year, which can be terminated at the end of this contract period with one month’s notice to the end of each month. Participation in an entry-level course is a prerequisite for this membership.
2. If no timely notice of termination is given, the contract will be tacitly extended by 4 weeks after expiration of the notice period. The extended contract can be terminated at any time subject to the one-month notice period.
3. If the contract is concluded for a period longer than one year, the customer may terminate the contract at the end of this period by giving one month’s notice.
4. Extraordinary termination by the customer is possible if:
   1. the consumer moves his residence outside a radius of 20 km from the gym for which the membership was concluded. This must be evidenced by an entry in the residents’ register.
   2. the customer due to an injury or illness due to which the continued use of the company’s offers would be impossible or harmful. Insofar as the use of individual, not entirely insignificant parts remains possible, extraordinary termination is not permitted.
   3. The customer is pregnant.
5. The termination of the contract must be in writing
6. In addition to the termination option mentioned in paragraph 4, the Customer also has the option to freeze the contract. In case of illness or injury, due to which the use of the Company’s offers would be impossible or harmful in a period exceeding one month, the Customer may indicate that she will not use the fitness activities for more than one month due to injury or illness, the term of the Contract shall be extended by this period without incurring additional premium costs for this period.
7. Extraordinary termination by the company is possible with immediate effect if:
   1. The customer violates one or more provisions of these terms and conditions or the applicable (house) rules.
   2. the consumer behaves unlawfully towards the entrepreneur or one of the entrepreneur’s contracting parties
   3. If the customer is in arrears with the payment of an amount equivalent to two months’ contributions, this entitles the company to terminate the contract without notice for good cause.
8. Should the company cease operations, provisional termination by the company is possible subject to one month’s notice. In this case, the remaining membership fee will be refunded.

7. Prices and price changes

1. The membership fee is to be paid in advance
2. Any price increases shall be announced by the Contractor 2 weeks in advance.
3. In the event of a price increase, the customer has the right to terminate the contract within one month of notification of the price increase. The membership fee paid in advance will be refunded.
4. The termination option under paragraph 3 shall not apply to price adjustments based on price indexation of up to €60 per year or to price adjustments resulting directly from the law, such as those relating to the

8. Obligations of the company/provider

1. The company guarantees that the facilities and services provided comply with the contract.
2. The company shall submit the equipment to the required maintenance
3. The company guarantees that the instructors or supervisors have sufficient knowledge that can usually be expected.
4. The company shall ensure that sufficient first aid supplies are available
5. The company takes measures to prevent damage to or loss of property belonging to female customers.

9. Obligations of the customer

1. The customer must follow the instructions of the provider and the (house) order
2. The customer must notify the company of any medical contraindication to the practice of the sport.
3. The customer must follow the instructions of the company or its employees. The Customer is not permitted to use equipment or facilities with which she is not familiar. If the customer is not familiar with one or more devices or equipment, she must inform the company so that it can explain to her how the devices or equipment must be used.
4. The client may not use the equipment and facilities if she is under the influence of alcohol, drugs, medication or substances designated as doping agents.
5. The customer is not allowed to smoke in the fitness areas provided by the company.
6. The Customer shall inform the Company in a timely manner, in writing or electronically, of any changes in the postal address, e-mail address, account number and telephone number.

10. preliminary changes

1. The company may make interim changes to the services offered, premises and Öffnungszeiten The company will announce the planned changes at least 4 weeks in advance.
2. In case of changes according to paragraph 1 to the disadvantage of the customer, she has the right to terminate the contract with a notice period of one month after notification. In case of termination, the membership fee paid in advance will be refunded.

11. payment

1. The membership fees due shall be collected in the manner agreed and
2. After the expiry of the payment deadline, the customer will automatically be in default of payment. The Company will notify the Customer in writing and give her the opportunity to pay the amount due within two weeks.
3. After expiry of the new payment deadline, the company reserves the right to charge the customer for default costs. These include bank charges from return debit notes, reminder fees in the event of late payment, etc., as well as the costs of an expedient In addition, the company is entitled to deny the customer access to the fitness facilities.

12. Liability

1. The company is not liable for material (e.g. theft) or immaterial damages (e.g. injuries) that occur during training, competitions or other activities. This does not apply to liability due to a breach of an essential contractual obligation and to liability due to damage to the customer resulting from injury to life, limb or health, and likewise does not apply to damage resulting from an intentional or grossly negligent breach of duty on the part of the company, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfillment is essential to the proper performance of the contract and on whose fulfillment the contractual partner may regularly rely. In particular, but not exclusively, the continuous provision of the facilities specified in § 8 of the contract shall be deemed to be an essential contractual obligation of the Company. The customer is expressly advised not to bring any valuables.
2. Boxing is a physically demanding sport. Therefore, clients are advised to check with their family doctor about their health condition, so that they are able to responsibly follow the training as well as competitions.
3. The sport of boxing is associated with risks. By signing the registration form, the client (or a legal guardian) declares that he/she is aware of these risks and accepts them as his/her own risk.

13. Data protection

1. The data collected via the booking form will be stored, used and, if necessary, passed on by Boxing Sisters GmbH insofar as it is required for the provision of the contractual services. The legal basis is Art. 6 para. 1 sentence 1 lit. b and f DSGVO and, if applicable, the consent pursuant to Art. 6 para. 1 sentence 1 lit. a and Art. 9 para. 2 lit. a DSGVO. Further processing will only take place if the customer has consented or if there is a legal permission.

14. final provisions

1. Upon conclusion of the fitness contract, the customer shall provide truthful information about personal data relevant to the contract. The customer must inform the company immediately of any change in data relevant to the contract (name, address, bank details, etc.).
2. If individual provisions of these GTC are or become invalid, the validity of the remaining provisions of the GTC shall remain unaffected.
3. The contractual relationship between the parties shall be governed exclusively by the law of the Federal Republic of Germany, unless mandatory consumer protection law of the EU member state in which the member is domiciled conflicts with this. The contractual language is German.