General Terms and Conditions
1. Preliminary Note
1.1
The contracting partner operates fitness studios under the aGYM brand (“Studio/s”). The customer can use the studios if they have concluded a valid usage contract via the aGYM App (“App”). Since this usage contract can be terminated monthly, it is hereinafter referred to as the “membership.” These General Terms and Conditions (“GTC”) apply to the membership and the resulting rights and obligations.
2. Contracting Partner, Applicability, and Amendments of the General Terms and Conditions
2.1
The contracting partner is A Corporation GmbH (“aGYM”), Westendhof 10, 45143 Essen; Tel.: 0201 38409150; Email: support@agym.io; Amtsgericht Essen; HRB 32094; VAT ID No.: DE354937907.
2.2
aGYM is entitled to amend the GTC with effect for the future if there is an important reason for the amendment and if the amendment is reasonable considering the interests of both parties. Such an important reason exists in particular if the amendment is due to
2.2.1
changes in legislation or case law or official requirements,
2.2.2
a significant and unforeseen contractual imbalance at the time of concluding the membership, or
2.2.3
technical reasons.
2.3
aGYM will inform the customer of the amendment and its effective date and provide them with the amended version. aGYM grants the customer a six-week period during which the customer may object to the amendment or accept the amended GTC. If the customer does not object within this period, the amended GTC become effective. Before this period begins, aGYM will inform the customer about the right to object, the deadline, and the consequences of not objecting.
2.4
Any amendment of essential contractual obligations is excluded. Essential contractual obligations are those obligations that enable proper execution of the contract and on whose compliance the contracting parties regularly rely.
3. Conclusion of the Membership
3.1
The membership is concluded via the App. To conclude the membership, the customer must provide the following data in the App: name, first name, telephone number, date of birth, place of residence, and payment method. aGYM – GTC (as of January 2023)
3.2
The customer can select the desired tariff via the App. By clicking “Start Membership” after entering their personal data, the customer makes a binding offer to conclude the membership and agrees to the GTC.
3.3
All entries are displayed to the customer in an order overview before clicking the button. The customer then selects a payment method. Before submitting the binding offer by clicking “Start Membership,” the customer can correct their entries or cancel the process at any time. To conclude a contract, the customer must (1) be 18 years old or older, or 16 years old or older with parental/guardian consent, (2) be authorized to enter into a legally binding contract with aGYM and not be prevented from doing so by applicable law, and (3) reside in Germany. The customer also warrants that all information provided to aGYM during registration is true, correct, and complete and undertakes to ensure this at all times.
3.4
aGYM will confirm receipt of the order immediately by email and via the App. This order confirmation constitutes aGYM’s binding acceptance of the offer, thereby concluding the membership. aGYM stores the contract text and sends the customer the contract text and these GTC via email with the automatic order confirmation.
3.5
After successfully concluding the membership, the customer can generate a QR code via the App to access every studio.
4. Right of Withdrawal
Customers who have concluded their contract with aGYM via the App and who are consumers within the meaning of Section 13 of the German Civil Code (BGB) have a statutory right of withdrawal, about which aGYM provides the following information.
Instructions on Withdrawal
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 (aGYM, Westendhof 10, 45143 Essen; Tel.: 0201 38409150; Email: support@agym.io; Amtsgericht Essen; HRB 32094; VAT ID No.: DE354937907) by means of a clear statement (e.g., a letter sent by post or an email) of your decision to withdraw from this contract. You may use the attached sample withdrawal form, but it is not mandatory. To meet the withdrawal deadline, it is sufficient that you send your notification of exercising the right of withdrawal before the withdrawal period expires.
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse all payments received from you, including delivery costs (except for additional costs resulting from you choosing a delivery method other than the least expensive standard delivery we offer), without undue delay and at the latest within fourteen days from the day we receive your notice of withdrawal. We will use the same payment method you used for the original transaction unless expressly agreed otherwise; in no case will you be charged fees for this reimbursement. If you requested that the service begin during the withdrawal period, you shall pay us an appropriate amount corresponding to the portion of the services already provided up to the point you informed us of your decision to withdraw, relative to the full scope of services in the contract. You may use the sample withdrawal form below, but you may also choose another form of declaration.
Sample Withdrawal Form
To exercise your right of withdrawal, you must inform us (A Corporation GmbH, Westendhof 10, 45143 Essen, Tel.: 0201 38409150, Email: support@agym.io) by means of a clear statement (e.g., a letter sent by post or an email) of your decision to withdraw from this contract. You may use the attached sample withdrawal form [form will be linked], but it is not mandatory.
5. Officially
Ordered Closure: Memberships concluded during a pre-sale for a new studio opening or during the temporary closure of a studio due to official orders or legal requirements (e.g., due to the Corona pandemic) are subject to the condition that the respective studio opens or that the official/legal opening ban ceases to apply. Although the contract is concluded at the time described above in Section 2, the contractual obligations only take effect once the condition is met (i.e., on the day the studio first opens or reopens after the ban is lifted). In particular, the customer is not required to pay fees before the condition is met, and aGYM is not required to provide the studio before then.
6. House Rules; Use of Lockers and Parking Spaces
6.1
When using the studio, the customer must comply with the house rules stored in the App. The house rules are part of the concluded membership.
6.2
The house rules may, in particular, include regulations on the customer’s conduct obligations for permissible studio use and on safeguarding the rights of other customers. aGYM – GTC (as of January 2023)
7. E-Mail Address / Change of Customer Data
7.1
When concluding the membership, the customer provides aGYM via the App with an email address for communication. Legally significant declarations by aGYM (e.g., reminders, information on studio closures) can be transmitted in writing by post, by email, or via the App.
7.2
The customer must immediately inform aGYM via the App of any changes to their data (in particular, name, address, email address, and payment method).
8. Invoicing and Termination
8.1
Billing Period: The membership fee is debited using the payment method specified by the customer. The membership fee is due monthly. The monthly period is calculated from the contract conclusion date (“Billing Period”).
8.2
Payment Methods: To use the studios, the customer must store one or more payment methods in the App. The customer authorizes aGYM to charge any payment method associated with the customer account if the primary payment method is declined or no longer available. If a payment cannot be processed successfully, especially due to expiration or insufficient funds, access to the studios may be blocked until aGYM can successfully collect the membership fee.
9. Membership Termination
9.1
The customer can terminate the membership at any time. The termination becomes effective at the end of the current billing period. The termination can be initiated in the App via the “Terminate” button.
9.2
The customer can continue to use the studios until the end of the billing period.
10. Changes to Price and Membership Offer
10.1
aGYM may adjust the membership price from time to time at its reasonable discretion to reflect changes in the total costs associated with providing its services. aGYM will inform the customer about the intended price adjustment via the App.
10.2
The price adjustment only takes effect with the customer’s express consent.
10.3
If the customer refuses consent, aGYM is entitled to terminate the membership at the end of the next billing period.aGYM – GTC (as of January 2023)
11. Liability
11.1
The liability of aGYM, its legal representatives, and vicarious agents for damages resulting from injury to life, body, or health, as well as liability under the Product Liability Act and liability for fraudulently concealed defects or assumed guarantees, is not limited by these GTC. Likewise, the liability of aGYM for damages based on intentional or grossly negligent breaches of duty by aGYM, its legal representatives, or vicarious agents is not limited.
11.2
If none of the aforementioned cases apply, aGYM’s liability for damages arising from the breach of an obligation essential for achieving the contractual purpose is limited to typical and foreseeable damages.
11.3
Otherwise, aGYM’s liability is excluded. To the extent that liability for damages is limited by this clause, the same applies to the liability of aGYM’s vicarious agents and legal representatives.
12. Miscellaneous
12.1
In fulfillment of the obligations under Section 36 VSBG, aGYM states that it is not willing to participate in dispute resolution proceedings before a consumer arbitration board. The European Commission’s Online Dispute Resolution platform is available at: https://ec.europa.eu/consumers/odr
12.2
The law of the Federal Republic of Germany applies. If the customer is a consumer and does not have their residence in the Federal Republic of Germany, the membership is subject to German law unless mandatory provisions of the law of the state in which the consumer is habitually resident provide otherwise.
General Terms and Conditions of A-Gym for the Campus (Family & Friends)
1. Preliminary Note
1.1
A Corporation GmbH (“A-Gym”), Westendhof 10, 45143 Essen; Tel.: 0201 38409150; Email: support@agym.io; Amtsgericht Essen; HRB 32094; VAT ID No.: DE354937907 operates fitness studios under the A-Gym brand (“Studio/s”).
1.2
The customer can use the studios if they have concluded a valid usage contract via the A-Gym App (“App”). This usage contract can be terminated monthly and is therefore referred to as the “membership.”
1.3
These General Terms and Conditions (“GTC”) apply to the membership and the resulting rights and obligations.
1.4
For the first studio at Westendhof 10, 45143 Essen (“Campus-Studio”): The Campus-Studio primarily serves for testing and further developing the fitness studio concept. A-Gym allows a limited group of customers (Friends & Family) to use the Campus-Studio at a fee below the usual rate as a courtesy.
2. Applicability and Amendment of the General Terms and Conditions
2.1
A-Gym is entitled to amend these GTC with effect for the future if there is an important reason and if the amendment is reasonable considering both parties’ interests. Such a reason exists in particular if the amendment is due to
2.1.1
changes in case law, legislation, or official requirements,
2.1.2
an unforeseeable and significant contractual imbalance at the time of concluding the membership, or
2.1.3
technical reasons.
2.2
A-Gym will inform the customer of the amendment and the date it takes effect, providing the amended GTC. A-Gym grants the customer a six-week period during which the customer may object. If the customer does not object within this period, the amendment becomes effective. A-Gym will inform the customer before this period about the right to object, the deadline, and the consequences of not objecting.
2.3
Any amendment to essential contractual obligations is excluded. Essential contractual obligations are those that enable proper contract execution and on which the parties regularly rely.
3. Conclusion of the Membership
3.1
The membership is concluded via the App. The customer must provide the following personal data in the App: name, first name, telephone number, e-mail address, date of birth, place of residence, and payment method. The prerequisite for concluding the contract is that the customer is of legal age.
3.2
The customer can select the desired tariff via the App. By clicking “Confirm chargeable contract conclusion” after entering personal data, the customer makes a binding offer to conclude the membership and agrees to the GTC in the version valid at that time.
3.3
All entries are displayed to the customer in an order overview before clicking this button. The customer then chooses a payment method. Before submitting the binding offer by clicking “Confirm chargeable contract conclusion,” the customer can correct their entries or cancel the process at any time.
3.4
By completing the ordering process, the customer makes an offer to conclude the membership. The contract is only formed once A-Gym accepts the offer. A-Gym confirms the conclusion of the contract without delay via email and the App. This order confirmation constitutes the binding acceptance of the offer by A-Gym, thereby concluding the membership.
3.5
A-Gym stores the contract text and sends it to the customer along with these GTC by email with the automatic order confirmation.
3.6
After successfully concluding the membership, the customer can generate a QR code via the App granting access to the Campus-Studio.
3.7
The contract is offered in German.
4. Right of Withdrawal
Customers who have concluded their membership via the App and are consumers as defined by Section 13 BGB have a statutory right of withdrawal, about which A-Gym provides the following information.
Instructions on Withdrawal
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without stating any reason. The withdrawal period is fourteen days from the day of contract conclusion. To exercise your right of withdrawal, you must inform us (A Corporation, Westendhof 10, 45143 Essen; Tel.: 0201 38409150; Email: support@agym.io; Amtsgericht Essen; HRB 32094; VAT ID No.: DE354937907) by means of a clear statement (e.g., a letter sent by post or an email) of your decision to withdraw from this contract. You may use the attached sample withdrawal form, but it is not mandatory. To meet the withdrawal deadline, it is sufficient that you send the notification before the withdrawal period expires.
Consequences of Withdrawal
If you withdraw from this contract, we will refund all payments received from you without undue delay and at the latest within fourteen days of receiving your withdrawal notice. We will use the same payment method as in the original transaction unless otherwise agreed; in no case will you be charged fees. If you requested that the service (provision of the studio) begin before the withdrawal period ended, you must pay a reasonable amount corresponding to the services provided until your withdrawal relative to the full scope of the contract.
Sample Withdrawal Form
To exercise your right of withdrawal, you must inform us (A Corporation GmbH, Bismarckstraße 57, 45128 Essen, Tel.: 0201 38409150; Email: support@agym.io) by means of a clear statement (e.g., a letter sent by post or an email) of your decision to withdraw from this contract. You may use the sample withdrawal form below, but it is not mandatory.(If you wish to withdraw from the contract, please fill out this form and return it.)
- To: A Corporation GmbH, Westendhof 10, 45143; Email: support@agym.io;- I/we (♦) hereby withdraw from the contract concluded by me/us (♦) for the purchase of the following goods (♦)/the provision of the following service (♦)- Ordered on (♦)/received on (♦)- Name of consumer(s)- Address of consumer(s)- Signature of consumer(s) (only if communicated on paper)- Date(♦) Delete as appropriate
5. Officially Ordered Closure
Memberships concluded in advance of a new studio opening or during a temporary studio closure due to official orders or legal regulations (e.g., due to the Corona pandemic) are subject to the condition that the studio opens or the official/legal closure ends. Although the contract is concluded at the previously described time, the contractual obligations only become effective once this condition is met. In particular, the customer is not obliged to pay membership fees before this occurs, and A-Gym is not obliged to provide the studio before then.
6. House Rules; Use of Lockers and Parking Spaces
6.1
When using the studio, the customer must comply with the house rules provided in the App. The house rules are part of the concluded membership.
6.2
The house rules may include regulations on the customer’s conduct obligations for permissible use of the studio and on safeguarding the rights of other customers.
6.3
The customer can use the lockers and parking spaces available at the studios in accordance with the house rules.
7. Communication / Change of Customer Data / Data Protection
7.1
When concluding the membership, the customer provides A-Gym with an email address via the App for communication. Legally significant statements by A-Gym can be transmitted in writing by post, by email, or via the App.
7.2
The customer must promptly notify any changes to their data (especially name, address, email address, and payment method) via the App.
7.3
A-Gym collects and stores the customer data necessary for contract fulfillment in compliance with applicable data protection laws.
8. Invoicing and Termination
8.1
The membership fee is debited using the payment method provided by the customer. The membership fee is due monthly. The monthly period is calculated from the contract conclusion date (“Billing Period”).
8.2
To use the studios, the customer must store one or more payment methods in the App. The customer authorizes A-Gym to charge any payment method associated with the customer account if the primary payment method fails.
8.3
If a payment cannot be processed (e.g., due to expiration or insufficient funds), access to the studios may be blocked until A-Gym can successfully collect the membership fee.
9. Membership Termination
9.1
The customer can terminate the membership at any time. Termination takes effect at the end of the current billing period. Termination can be done via the App (e.g., by clicking “terminate”) or by email to support@agym.io.
9.2
The customer can continue to use the studios until the end of the billing period.
9.3
A-Gym can terminate the membership at any time without formal requirements. A-Gym is not obliged to refund any proportional costs.
10. Price and Service Adjustments
10.1
A-Gym may adjust the membership price from time to time at its reasonable discretion to reflect changes in the total costs associated with providing the services. A-Gym will inform the customer via the App in a timely manner about the intended price adjustment.
10.2
The price adjustment only becomes effective with the customer’s express consent.
10.3
If the customer refuses consent, A-Gym may terminate the membership at the end of the next billing period.
10.4
A-Gym may at any time (temporarily) close the Campus-Studio, change opening hours, or modify/reduce the training facilities.
11. Liability
11.1
The liability of A-Gym, its legal representatives, and vicarious agents for damages resulting from injury to life, body, or health, as well as under the Product Liability Act or for fraudulently concealed defects or assumed guarantees, is not limited by these GTC. Likewise, the liability for intentional or grossly negligent breaches of duty remains unlimited.
11.2
If none of the above cases apply, A-Gym’s liability for damages arising from a breach of an essential contractual obligation is limited to typical and foreseeable damages.
11.3
Otherwise, A-Gym’s liability is excluded. The same applies to its vicarious agents and legal representatives.
12. Miscellaneous
12.1
A-Gym is not willing to participate in dispute resolution proceedings before a consumer arbitration board. The European Commission’s Online Dispute Resolution platform is available at: https://ec.europa.eu/consumers/odr
12.2
German law applies. If the customer is a consumer and does not have their residence in Germany, German law applies unless mandatory provisions of the consumer’s country of residence provide otherwise.
A Gym - GTC (as of December 2023)