General Terms and Conditions (T&Cs)
This is a courtesy English translation. The German version is the legally binding original, and German is the exclusive contract language for any membership concluded with us.
for the fitness studio “Die Turnhalle - Das EGYM Premium Fitness”
Section 1 Scope & contracting party
These General Terms and Conditions (T&Cs) apply to all contracts between the member and the fitness studio Die Turnhalle - Das EGYM Premium Fitness, owner: Stefan Brüling, Am alten Fliegerhorst 2a, 26419 Schortens, email: die-turnhalle@web.de (hereinafter referred to as the “Studio”).
Section 2 Conclusion of contract, terms & cancellation
(1) The contract is concluded by signing the membership contract at the Studio or by binding online sign-up on the Studio's website. When signing up online, the member concludes the contract by clicking the button “Kostenpflichtig registrieren” (register with obligation to pay) or a similarly unambiguous label.
(2) The term, membership fee, notice period and any additional costs are set out in the selected plan and the membership contract. If a fixed initial term has been agreed and the contract is not cancelled with one month's notice to the end of the initial term, it is extended for an indefinite period and can then be cancelled at any time with one month's notice.
(3) Any cancellation must be made in text form (e.g. by letter or email to die-turnhalle@web.de) or, for contracts concluded online, via the cancellation button provided on the website.
Section 3 24/7 access and GymID access system (QR code / Face ID)
(1) The Studio grants the member 24/7 access (open 24 hours a day, 365 days a year).
(2) Access is via the personal EGYM wristband in combination with the GymID digital access system. The member is free to check in at the entrance terminal using the GymID app (QR code) or, optionally, via local biometric facial recognition (Face ID). Use of Face ID is voluntary and not a prerequisite for membership.
(3) The EGYM wristband, the GymID app login details and any stored Face ID profile are strictly personal. Passing on the wristband or login details to third parties, or knowingly granting access to unauthorised persons (e.g. letting in non-members), is strictly prohibited.
(4) In the event of a culpable breach of the prohibition on passing on access, the member undertakes to pay a contractual penalty of €250.00 per breach. The Studio expressly reserves the right to claim further damages or to terminate the membership without notice.
Section 4 Mandatory induction for training equipment
(1) For safety and health reasons, use of the electronic EGYM machines, EGYM Flex machines and EGYM Smart Cardio equipment (PRECOR ergometers and cross trainers) requires a prior, documented initial setup and induction by the Studio's qualified staff.
(2) These inductions take place exclusively during the staffed service hours shown at the Studio and on the website, by prior appointment.
(3) Use of the software-controlled equipment without a prior induction (in particular during unstaffed night or off-peak hours) is at the member's own risk. The Studio is not liable for damage resulting from disregard of this induction requirement or from demonstrably improper operation.
Section 5 Private add-on services (massages & VACUMED)
(1) Massages and use of the VACUMED device are booked as private add-on services and are not included in the monthly base fee of the plans. They are billed separately.
(2) Appointments for these add-on services must be cancelled at least 24 hours before the agreed time. If the member does not attend or cancels late, the Studio is entitled to charge a cancellation fee of 80% of the respective service price as damages (Section 615 BGB), unless the member proves that no damage or substantially less damage has been incurred.
(3) Special health obligations for the VACUMED device: Before using the VACUMED device for the first time, the member must undergo a health briefing. If medical contraindications are present (e.g. acute thrombosis, severe heart failure, pregnancy), use is prohibited. The member is liable for damage to their own health resulting from concealing known contraindications. A temporary unavailability of the device for maintenance does not entitle the member to a reduction of the membership fee.
Section 6 Video surveillance & data protection
(1) To prevent vandalism and break-ins and to ensure members' safety during unstaffed 24/7 operation, the indoor areas (training areas) and the outdoor areas of the Studio are under video surveillance. Changing areas, showers and toilets (sanitary facilities) are expressly excluded from video surveillance.
(2) Special protection via GymID: The biometric data for the optional Face ID and the video recordings are stored exclusively on a local, physical server at the Studio that is completely separated from the internet by an air gap. No transfer to a cloud or to unauthorised third parties takes place.
(3) In compliance with data protection requirements, the surveillance camera recordings are automatically overwritten after a maximum of 72 hours, unless they are needed to investigate criminal offences or incidents. Further details are set out in the Studio's privacy policy.
Section 7 Limitation of liability
(1) The Studio is liable without limitation for damages arising from injury to life, body or health caused by a negligent or intentional breach of duty by the Studio or one of its vicarious agents.
(2) For other damages, the Studio is only liable in cases of gross negligence or intent.
(3) The Studio accepts no liability for slight negligence in respect of the loss of or damage to clothing, valuables or money brought into the lockers or changing rooms. The provision of lockers does not create any duty of safekeeping for the Studio. Valuables are brought at the member's own risk.
Section 8 Final provisions / house rules
(1) In addition to these T&Cs, the house rules posted at the Studio apply in their current version. The member undertakes to follow the instructions of the staff.
(2) Should individual provisions of this contract be or become invalid, the validity of the remaining provisions shall remain unaffected (severability clause). The statutory provisions shall apply in place of the invalid provision.
Information on the right of withdrawal for consumers (for contracts concluded online)
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day the contract is concluded.
To exercise your right of withdrawal, you must inform us (Die Turnhalle - Das EGYM Premium Fitness, owner Stefan Brüling, Am alten Fliegerhorst 2a, 26419 Schortens, phone: 04461 / 917 96 47, email: die-turnhalle@web.de) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an email). You may use the model withdrawal form below, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notice of exercising the right of withdrawal before the withdrawal period expires.
Consequences of withdrawal
If you withdraw from this contract, we must reimburse all payments we have received from you without undue delay and at the latest within fourteen days from the day on which we received notice of your withdrawal from this contract. We will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this reimbursement.
If you requested that the services begin during the withdrawal period (e.g. by using the Studio before the 14 days have expired), you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you inform us of the exercise of the right of withdrawal, compared to the total scope of the services provided for in the contract (Section 357a BGB).
Early start and expiry of the right of withdrawal
If you wish to use 24/7 access and the Studio's benefits before the withdrawal period ends, we require your express consent to the early start in the online booking process, as well as your acknowledgement that your right of withdrawal expires early once the Studio has fully performed the service (Section 356(4) BGB). Until full performance, your right of withdrawal remains in place under the conditions above.
Model withdrawal form
(If you wish to withdraw from the contract, please complete this form and send it back.)
To:
Die Turnhalle - Das EGYM Premium Fitness
Owner Stefan Brüling
Am alten Fliegerhorst 2a
26419 Schortens
Email: die-turnhalle@web.de
I/we (*) hereby withdraw from the contract concluded by me/us (*) for the provision of the following service: membership at the fitness studio Die Turnhalle - Das EGYM Premium Fitness
Ordered on (*) / Concluded on (*): ..........................................................
Name of consumer(s): ..........................................................
Address of consumer(s): ..........................................................
Signature of consumer(s) (only if notified on paper): ..........................................................
Date: ..........................................................
(*) Delete as appropriate.