Terms and Conditions
SEPA Direct Debit Mandate
By signing this mandate form, you authorise (A) the creditor Daniel Silva Ruther to send instructions to your bank to debit
your account and (B) your bank to debit your account in accordance with the instructions from the creditor Daniel Silva
Ruther.
As part of your rights, you are entitled to a refund from your bank under the terms and conditions of your agreement with
your bank. A refund must be claimed within 8 weeks starting from the date on which your account was debited.
CONTRACT CONCLUSION
1. APPLICATION OF TERMS AND CONDITIONS
These General Terms and Conditions (GTC) apply to all contracts of the company with its members unless otherwise agreed in individual cases. Members are individuals who, based on a concluded membership contract, are entitled to use one or more Fit Forever Fitness Studios (hereinafter: Studios or individually Studio; Personal Training & EMS VR Studio or EGYM Studio) in accordance with the agreement on the membership contract.
1.1. Conclusion of Contract in the Studio
The contract for membership is concluded in the studio by the member's signature.
An online contract conclusion via a website is not provided. Booking an appointment for a specific service via a website merely constitutes a non-binding offer to conclude a contract in the studio. Acceptance of the offer (and thus the conclusion of the contract) takes place on-site at the studio via the respective scheduled service (e.g., InBody body analysis, personal training session). The consequences of not using the scheduled service are set out under Section 5.
1.3. RFID Chip
The member receives an RFID chip from the provider EGYM GmbH when concluding a contract that includes the use of the EGYM Studio at Marbacher Str. 1b, which allows access to the studio. This must be returned to the studio immediately upon termination of the contract.
1.4. Special Provisions for Minors
For minors under the age of 18, a membership contract can only be concluded with the consent of a legal guardian. For individuals under the age of 14, only contracts can be concluded that exclude the independent use of the EGYM Studio at Marbacher Str. 1b.
2. USE OF THE STUDIOS
2.1. Scope of Studio Use
Under the contract, the member is granted access to one or more studios in accordance with the agreement on the membership contract and is entitled to use it/these during the respective opening hours.
The company is entitled to close individual studios within the respective opening hours for separate events, operational holidays, or maintenance work, and to deny the member access for the duration of the closure. The company will announce the time and duration of the closure by mass email and in the company's WhatsApp status at least 7 days before the closure.
2.2. Prohibition of Offering Commercial Training Services
Offering paid or otherwise commercial training services in the studios is not permitted.
2.3. Access with RFID Chip
Access to the EGYM Studio at Marbacher Str. 1b is exclusively granted to the member through the RFID chip provided by EGYM GmbH. Access to the EGYM Studio at Marbacher Str. 1b is not possible without the RFID chip.
The Personal Training & EMS VR Studio at Bahnhofstr. 21a operates without electronic access restrictions.
2.4. House Rules
The company is entitled to establish binding house rules for the respective studio for the members. The house rules include, in particular, regulations on the permitted use of equipment/the studio and on respecting the rights of other members.
2.5. Authority to Give Instructions
The attending staff is authorized to give instructions to the members to maintain orderly operation of the studio, order, and safety or compliance with the house rules, as far as necessary. Members must comply with these instructions.
2.6. Additional Services
The agreed monthly membership fee includes the fee for using additional products and services offered, besides studio usage, only if expressly agreed upon in the membership contract or otherwise.
3. MEMBER'S OBLIGATIONS
3.1. Handling of the RFID Chip
The member is obliged to ensure the safekeeping of the RFID chip provided by EGYM GmbH. The member must report the loss of the RFID chip immediately to a studio or by phone. From the time of reporting the loss, the member is released from the risk of its misuse (e.g., by third parties).
3.2. Fee for Issuing a Replacement RFID Chip
For issuing a replacement RFID chip due to loss or damage caused by the member, a fee of EUR 35.00 is due. The old RFID chip loses its validity upon activation of the replacement device.
3.4. Providing an Email Address / Changes to Membership Data
3.4.1. The member is obliged to provide the company with a current email address upon conclusion of the contract, through which communication with the member can take place. The member expressly agrees that legally significant declarations from the company (e.g., reminders, statements regarding changes to the General Terms and Conditions) may be sent either in writing by post to the most recently provided postal address or electronically by email to the most recently provided email address.
3.4.2. The member must inform the company immediately of any changes to contract-relevant data, in particular name, address, bank details, email address, etc.
3.5. Non-Transferability of Membership / Prohibition of Transfer of RFID Chip / Identity Check
Membership with the company is personal and cannot be transferred. Therefore, the member is obliged to use the electronic access authorization via the RFID chip exclusively for personal use and not to transfer it to third parties.
To ensure that the electronic access authorization via the RFID chip is used only by the member personally, the company reserves the right to verify the member's identity by checking a photo ID.
3.6. Prohibitions on Consumption / Prohibited Items
The member is prohibited from smoking, consuming alcoholic beverages, or other intoxicants or substances in a studio. Furthermore, the member is prohibited from bringing prescription drugs that do not serve the member's personal and medically prescribed use, intoxicants, and/or other substances intended to increase the member's physical performance (e.g., anabolic steroids) into the studios. Similarly, the member is prohibited from offering, providing, handing over, or otherwise making available the aforementioned substances to third parties in the studios, either for a fee or free of charge.
4. MEMBERSHIP FEES
4.1. Due Date of Fees
4.1.1. If a one-time fee is agreed upon in the membership contract, it becomes due on the day the contract is concluded.
4.1.2. If monthly fees are agreed upon in the membership contract, these fees become due in advance on the first of each month for the respective calendar month (partial performance period), unless otherwise agreed contractually. The fee for the first partial calendar month after conclusion of the contract becomes due on the day the contract is concluded.
4.2. Graduated Price Agreement
4.2.1. A graduated fee is agreed upon. Thus, the company may increase the monthly membership fee by a maximum of EUR 1.00 including VAT per elapsed contract year with effect for the future. The company is entitled to this right at the earliest after 12 months have passed since the conclusion of the contract or the last price adjustment. The company reserves the right not to exercise this right or to exercise it at a later date, also by adding unused increase rights from the past, but only for the future. Price increases must not lead to the adjusted price being unreasonably high in relation to the services provided by the company at that time.
4.2.2. If the company makes use of its right to adjust prices, it will notify the member in advance
Membership-specific terms and conditions
Fit forever Fitness – Markt IndersdorfFit forever Fitness – Markt Indersdorf
Freisinger Str. 27, 85229 Markt Indersdorf
1. Opening Hours and Access
1.1 The studio is open daily from 06:00 a.m. to 10:00 p.m.
1.2 Access is only permitted during these hours.
1.3 The studio may temporarily close individual areas (e.g. wellness, EGYM, training rooms) for reasons such as cleaning, maintenance, or events. Any closures will be announced in advance via email or notice in the studio.
2. Scope of Services
2.1 The studio offers the use of the following areas and services:
EGYM circuit
10x circuit
Use of strength and cardio equipment including free weights
Beverage station
Showers and changing rooms
2.2 Additional services (e.g. wellness services, personal training sessions, EMS training) are subject to additional fees.
2.3 A mandatory introduction is required for the use of EMS and EGYM equipment. Use is not permitted without prior instruction.
2.4 Special hygiene regulations apply to the wellness area and form part of the house rules.
3. Access System
3.1 Access to the studio and certain areas is granted exclusively via an access device provided by the studio (chip, wristband, or app).
3.2 The access device remains the property of the studio and must be returned upon termination of the contract.
3.3 In the event of loss or damage, a replacement fee of €10.00 will be charged.
3.4 Loss must be reported immediately; from the time of notification, the member is no longer liable for any misuse.
4. Appointment Scheduling
4.1 Prior appointment booking is required for EMS training and personal training.
4.2 Appointments that are not attended will be considered used if they are not cancelled at least 24 hours in advance and rescheduled within the same week.
4.3 Unused sessions cannot be carried over to the following week unless expressly agreed otherwise.
4.4 Delays will shorten the training time accordingly. For EMS training, the suit must be put on before the session begins.
4.5 EMS training may only be carried out in the presence of a trainer. Appointments with a trainer should therefore be arranged in advance. Without an appointment, availability of a trainer and execution of the training cannot be guaranteed.
5. Contract Suspension
5.1 Contract suspension is possible once per half-year for a maximum of 4 weeks.
5.2 Notification must be submitted no later than 5 working days before the end of the previous month.
5.3 Membership fees are suspended during the contract suspension; services cannot be used during this time.
5.4 A processing fee of €15.00 applies.
5.5 The contract term is automatically extended by the duration of the suspension.
6. Liability for Use of Equipment and Free Weights
6.1 The use of free weights, strength equipment, and other training equipment is at the member’s own risk.
6.2 The member agrees to use all equipment properly and only in accordance with the instructions of studio staff or posted guidelines.
6.3 The studio assumes no liability for damages resulting from improper use, disregard of safety instructions, or noncompliance with staff directions.
6.4 The member is obligated to check equipment for visible defects before use and to report any defects to the staff immediately.
7. House Rules
7.1 Every member is obligated to comply with the house rules.
7.2 The operator may adjust or supplement the house rules if necessary. Changes will be communicated to members in an appropriate manner.
7.3 Serious or repeated violations of the house rules may result in a ban from the premises. Such a ban does not automatically release the member from the obligation to continue paying membership fees.
8. Noise Levels During Class Times
8.1 During group class times, increased noise levels may occur, particularly due to music and instructor guidance. The member acknowledges and accepts this.
8.2 Current class times are posted in the studio and may be adjusted by the operator.
8.3 Members who prefer a quieter training environment are advised to avoid designated class tim