imprint
According to § 5 TMG
Sebastian Krauser
CrossFit YAY
Gubener Strasse 47
10243 Berlin
Contact
Telephone: +49 176 95 15 60 13
E-mail: info@crossfit-yay.de
Information on professional indemnity insurance
Name and registered office of the insurer:
Association of German fitness and health companies registered association
Christoph-Probst-Weg 4
2051 Hamburg
Area of validity of the insurance:
at home and abroad
EU Dispute Settlement
The European Commission provides a platform for online dispute resolution (OS): https://ec.europa.eu/consumers/odr.
Our e-mail address can be found above in the imprint.
Consumer dispute resolution/universal arbitration board
We are not willing or obliged to participate in dispute settlement procedures before a consumer arbitration board.
Liability for content
As a service provider, we are responsible for our own content on these pages according to Section 7, Paragraph 1 of the German Telemedia Act (TMG). According to §§ 8 to 10 TMG, however, we as a service provider are not obliged to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activity.
Obligations to remove or block the use of information according to general laws remain unaffected. However, liability in this regard is only possible from the point in time at which knowledge of a specific infringement of the law is known. As soon as we become aware of any violations of the law, we will remove this content immediately.
Liability for links
Our offer contains links to external websites over which we have no influence. Therefore we cannot assume any liability for this external content. The respective provider or operator of the pages is always responsible for the content of the linked pages. The linked pages were checked for possible legal violations at the time of linking. Illegal content was not recognizable at the time of linking.
However, a permanent control of the content of the linked pages is not reasonable without concrete evidence of an infringement. As soon as we become aware of legal violations, we will remove such links immediately.
copyright
The content and works on these pages created by the site operators are subject to German copyright law. The duplication, editing, distribution and any kind of exploitation outside the limits of copyright require the written consent of the respective author or creator. Downloads and copies of this site are only permitted for private, non-commercial use.
Insofar as the content on this site was not created by the operator, the copyrights of third parties are observed. In particular contents of third parties are marked as such. Should you nevertheless become aware of a copyright infringement, we ask that you inform us accordingly. As soon as we become aware of legal violations, we will remove such content immediately.
Contract:
The member confirms that his physical suitability for fitness training has been certified by a medical fitness examination. This certificate does not have to be presented. CrossFit YAY reserves the right to exclude a person from training if they have certain pre-existing conditions or injuries.
The member is aware that the use of the facility can lead to bodily harm in the event of intentionally incorrect execution and non-observance of the trainer's instructions.
CrossFit YAY prides itself on becoming an important part of your life. Please contact us with any important issues. We will find a solution that both sides are happy with.
Terms of Use and House Rules
If CrossFit YAY is unable to provide certain services for reasons of force majeure, the member is not entitled to compensation or replacement hours. No liability is assumed for property and valuables in the event of loss or damage. Each member must behave in such a way that other people are not harassed, harmed or injured. The premises are to be left clean and tidy. The inventory may not be willfully damaged, stolen or borrowed. After using the exercise materials, they are to be put back in their place of storage. The training rooms must be entered in suitable sportswear.
final regulations
1. Unless this contract contains any deviating regulations, the German Civil Code applies.
2. Verbal agreements or ancillary agreements have not been made.
3. Should individual provisions of this contract be or become invalid, this shall not affect the validity of the remainder of the contract. The ineffective or unenforceable provision is to be replaced by an effective or enforceable provision that comes close to the economic intention of the contracting parties. The same applies in the event of a contractual gap.
4. Changes or additions to this contract must be made in writing and by a shareholder resolution to be valid. This also applies to the determination of the written form itself. Retrospective changes are not permitted.
CrossFit YAY Terms and Conditions
§ 1 General information, participants, venue
1. These terms and conditions apply to all business relationships between CrossFit YAY, Gubener Straße 47, 10243 Berlin, unless otherwise agreed in individual cases.
2. Participants can only be those who are of legal age. CrossFit YAY reserves the right to decide on a case-by-case basis to also allow minors to train. For this purpose, each participant must expressly point out to CrossFit YAY when concluding a contract, registering for a trial training session, special events or similar, or purchasing a 10 card, if they are not of legal age and in this case submit the declaration of consent from their legal guardian.
3. The rights of the participant from the contract concluded with CrossFit YAY are not transferable without the written consent of CrossFit YAY.
4. Unless otherwise stated in the training program, all training units will be held in the hall, Gubener Straße 47, staircase B, 10243 Berlin. The respective opening and training times are announced on the CrossFit YAY website (www.crossfit-yay.de). Use of the premises and/or equipment for other training methods or times is only permitted with the consent of CrossFit YAY.
§ 2 Subscription contract, 10/25/50 card, conclusion of contract, cancellation
1. Each participant has the option of concluding a subscription contract
or to purchase a ticket card. Upon conclusion of a subscription contract, the participant can take part in a certain number of CrossFit YAY training units per month for the duration of the subscription, depending on the selected tariff and availability. The purchase of a ticket entitles the participant to participate in ten CrossFit YAY training units within the stated duration. In addition, each participant can register for a trial training once a year, provided that no current contract is valid. This entitles the participant to participate in an assigned CrossFit YAY workout.
2. The number of participants is limited for all courses in order to ensure a high level of quality. The prerequisite for participation is therefore prior registration for the respective event
Training session by CrossFit YAY. Registration for a training session can be canceled up to two hours before the start. The canceled unit will automatically be credited back to the participant's hourly quota. In the event of late cancellation or a lack of attendance, the hourly quota of the participant will be debited by the respective hour.
3. As part of the subscription contract, the personal contact details of the participant will be requested, the number of training sessions and the duration of the subscription will be determined. Open Gym is included in all subscriptions (except tickets) without a limit.
Version 270921 CrossFit YAY Page 3 of 6
4. The minimum contract term of a subscription contract is 3 months. Will the contract.
not terminated, the contract period is extended by a further four weeks. The notice period is one month. The right to extraordinary termination for good cause remains unaffected. 5. The presentation of the training program does not represent a binding offer within the meaning of § 145 BGB, but merely represents a request for the participant to submit an offer. It is subject to change and non-binding. By signing the subscription contract, purchasing a 10-card or registering for a trial session, the participant submits a binding offer. CrossFit YAY may reject this offer from the participant within 14 days of receipt without giving reasons. If CrossFit YAY does not reject the offer within this period, the contract is formed at the time of the offer.
§ 3 General for the training
1. The high training intensity of CrossFit should be taken into account in the case of prior food intake. Comfortable athletic clothing should be worn during CrossFit training. The risk of accidents in connection with the equipment used in CrossFit training (e.g. barbell and kettlebell) must be considered. 2. All training units last one hour each (except special training) and are carried out under the guidance of a trainer.
3. If a participant arrives at the venue more than 5 minutes after the start of the training program, he/she can no longer participate in the respective training session. CrossFit YAY is entitled to exclude the participant from the training program altogether in the event of repeated, unexcused lateness. The same applies if participants do not follow the instructions of the trainer of the training program, disrupt the course of the training program and/or endanger themselves or others.
4. All members undertake to follow the instructions of the CrossFit YAY staff, to comply with the hygiene regulations and to behave in accordance with the CrossFit YAY house and boxing rules. Gross and repeated violations of this can result in a house ban. In this case, there is no entitlement to a refund of amounts already paid.
§ 4 Subscription Agreements, Prices and Terms of Payment
1. The subscription prices stated on the CrossFit YAY website refer to a full monthly fee. Mentioned separately may receive a discount on all fees payable provided they provide proof/ID. In the case of temporary proof, the participant must submit a current follow-up certificate up to the end of the validity of the proof without being asked. As long as such proof is not provided, the discount automatically lapses.
2. All prices for the training events include the legally valid German
Value added tax. This would also be shown on an invoice.
3. The monthly fee is to be paid in advance for each calendar month. If the subscription begins or ends in the course of a calendar month, the monthly fee is to be paid pro rata temporis (1/30th per calendar day). In the direct debit procedure, the monthly fee is debited on the 1st of the month. The participant is responsible for ensuring that his account has sufficient funds at the time of debiting. If debiting is not possible, the participant must bear all additional costs incurred as a result. If the participant is in arrears with the payment of a contribution that corresponds to two monthly contributions, CrossFit YAY is also entitled to extraordinarily terminate the contract for good cause and to demand compensation in accordance with the statutory provisions.
4. An upgrade of the selected tariff is possible at any time and must be recorded in writing. Verbal information to CrossFit YAY is sufficient. A downgrade is always possible at the end of the contract period, but requires a written declaration by the last working day of the previous month at the end of which the contract normally ends. A written declaration is required for a downgrade. It will take effect at the beginning of the month after next after CrossFit YAY receives the written declaration. The runtime starts again.
5. If a participant is ill, an existing subscription can be suspended. This applies from the 15th day of the duration of the illness. During the rest period, the participant cannot use any services of CrossFit YAY. The remaining term of the contract at the time the rest phase begins will be added to the term after the end of the rest phase. Shutdown during vacation is possible once a year for a maximum of 14 days and must be requested in writing with proof.
Version 270921 CrossFit YAY Page 4 of 6
7. The membership fee does not include the payment for the use of additionally offered products and services. Such additional services will be charged separately.
§ 5 Liability, Cancellation/Changes to/in the context of the training events
1. CrossFit YAY's liability - for whatever legal reason - is limited to intent and gross negligence. This does not apply to damage resulting from injury to life, limb or health that is based on an intentional or negligent breach of duty by CrossFit YAY or for claims under the Product Liability Act. The limitations of liability also do not apply to other damages that are based on an intentional or grossly negligent breach of duty or on behavior by CrossFit YAY that culpably violates the essential contractual obligations. CrossFit YAY is also liable for legal representatives, employees and vicarious agents. Significant contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract. In particular, this also includes duties of protection and care, which aim to protect the life and limb of the client's staff from significant damage. For self-inflicted accidents with permanent damage
CrossFit YAY assumes no liability for lost private property.
2. Insofar as liability for damages that are not based on injury to life, limb or health of the customer is not excluded for slight negligence, these claims shall become statute-barred within one year from the time the claim arose. 3. CrossFit YAY reserves the right to change the location and/or time of events, to change the content of individual training events or to cancel them altogether. If CrossFit YAY training events have to be canceled for good cause, training units that have already been paid for will be reimbursed in full unless they can be made up for on an alternative date by mutual agreement. If the training events are relocated, participants will be informed in good time with a notice at the event location and/or on the website. It is also possible to change the trainer. A change of venue within Berlin and/or a change of trainer does not affect the binding registration for a training event.
§ 6 data protection
1. The data provided is treated in accordance with the statutory provisions. The participant agrees that his data will be electronically processed and stored by CrossFit YAY as part of the contractual relationship. The data will not be passed on to third parties without authorization. For the purpose of credit checking and credit monitoring
CrossFit YAY may exchange data with credit service companies. The participant agrees that the data to be transmitted by CrossFit YAY will also be sent to him by e-mail. 2. The member acknowledges that personal data and records are stored electronically. We will delete this data two years after the end of membership. 3. Each participant has the right to request information about the data stored about him at CrossFit YAY at any time and, if necessary, to have it deleted. CrossFit YAY is available by email at info@crossfit-yay.de.
§ 7 Photo and video recordings
1. As part of the training, photos and videos can be taken on which the member can be identified. The member agrees that these recordings may be used for the external appearance of CrossFit YAY. This applies in particular to the publication of the recordings on the CrossFit YAY website. The member has the right to request the deletion of recordings published on the website. This request will be met as soon as possible. Names of the members are not used, and the pictures and recordings are not passed on to third parties or companies.
Version 270921 CrossFit YAY Page 5 of 6
§ 8 Miscellaneous / Final Provisions
1. The participant is obliged to inform CrossFit YAY immediately of any change in his address and bank details. As long as such a notification cannot be proven by the participant, the address known up to that point will continue to be the valid address of the participant.
2. The participant only has the right to offset if counterclaims have been legally established or CrossFit YAY has confirmed them in writing. A right of retention can only be exercised if the counterclaim is based on the same contractual relationship.
3. Should individual provisions of this contract be or become invalid or legally invalid, the contract with the remaining provisions shall apply. The contracting parties mutually undertake
to agree on an effective provision that most closely corresponds to the content of this contract. The same applies to gaps in the contract.
4. CrossFit YAY is entitled to unilaterally change or supplement the content of the contract if this is necessary for legal reasons, or the changes or supplements are solely for the benefit of the participant. In all other cases, a unilateral change or addition to the services and the contract and these general terms and conditions is only permissible if this is reasonable for the participant, taking into account the interests of CrossFit YAY. In such cases, CrossFit YAY will notify participants of the change or addition in writing or by email at least four weeks before it becomes effective ("Notice of Change"). The participants can object to such a change or addition within a period of four weeks from receipt of the change notification to CrossFit YAY. If no objection is made, the changes or additions will become effective. On the legal consequences of not objecting
CrossFit YAY will specifically point this out in the change notification.
5. CrossFit YAY reserves the right to terminate the member without notice if the terms of the contract are violated. Payments already made will not be refunded. 6. Ancillary agreements, changes and additions must be made in writing. This also applies to the written form requirement itself.
7. The law of the Federal Republic of Germany applies.
8. Place of performance is always Berlin.
Version 270921 CrossFit YAY Page 6 of 6
Source:
https://www.e-recht24.de/impressum-generator.html