Section 1 – Provider, inclusion by reference of the General Terms and Conditions

(1) The Provider and contracting party for the services presented on our website is fitnessRAUM.de GmbH für Sport und Fitness online, Kirchstraße 18, 69115 Heidelberg, phone 06221 - 868 110, e-mail (referred to hereinbelow as the “Provider”, “we” or “us” for short).

(2) The present General Terms and Conditions are a component part of any contractual agreement made between the Provider and the respective Customer. We hereby object to any terms and conditions that the Customer may have established and that contradict the present General Terms and Conditions.

Section 2 – Services offered and conclusion of contract

(1) The selection of an offer, conclusion of contract and implementation of the agreement shall all take place in German or English to the Customer’s discretion.

(2) The Provider is making a binding offer for providing the services presented on the website. By transmitting the order using the button “zahlungspflichtig bestellen” the Customer accepts the Provider’s offer. The Provider shall confirm the conclusion of the contract by e-mail (contract confirmation).

(3) Before finally placing the purchase order, the Customer is shown an overview of the data recorded for his order, including the essential characteristics of the services. At this point, the Customer may check the data for any incorrect input and, if necessary, go back one or more steps in the order process to change the data or completely discontinue the order.

(4) After conclusion of the contract, the Provider sends the content of the contract (contract text) to the Customer by e-mail. At the same time, the Provider stores the contract text in his electronic data processing. As the Customer cannot access the Provider’s data, it is the Customer’s responsibility to save the e-mail with the contract text for later reference.

Section 3 – Access requirements, up-time

(1) The reception of digital content requires that the Customer has an internet connection. The Provider points out that the Customer’s network supplier may charge the Customer extra costs for the data traffic; the Provider has no means of influencing them.

(2) For digital content offered for download and for other services provided online, the provider shall grant an up-time of the download or other web server of 99% on average over a calendar month.

(3) The Customer shall be provided with the necessary access data after payment of the agreed fee.

(4) It is the Customer’s responsibility to keep the access information protected from access by third parties. If a third party uses the access information, the Provider may preclude simultaneous access by the Customer.

(5) Participation in a live online session requires that the participant has an Internet-capable terminal and an Internet connection with a download bandwidth of at least 6 MBit/s. If it is an interactive live online session, in which the participant wants to transmit his camera image and sound to the Provider or other participants, the participant also needs a suitable webcam and microphone as well as an upload bandwidth of at least 6 MBit/s.

(6) The provider’s services do not qualify as distance learning within the meaning of § 1 FernUSG (German Distance Learning Act).

(7) Recording video and/or audio data of a live online session is not permitted.

Section 4 – Contract term and Termination

The customer can make use of the provider’s services for as long as the contract is in effect.

Section 5 – Right of withdrawal for consumers

(1) A Customer ordering as consumer may be entitled to a right of withdrawal in accordance with the statutory pre-requisites. A consumer means every natural person who enters into a legal transaction for a purpose that is mainly outside his commercial or self-employed professional activity.

(2) The pre-requisites and legal consequences of the German stipulations as to consumers’ rights of withdrawal shall apply to consumers having their permanent residence outside of Germany also in those cases in which the consumer’s national law does not provide for a right of withdrawal or provides for a shorter withdrawal period or for stricter requirements as to form.

(3) The details result from the withdrawal information.

Section 6 – Warranty

(1) The Provider shall be liable in accordance with the applicable statutory provisions of German civil law without limitation in cases of intent or gross negligence, as well as for culpable injury to life, body, or health. In the event of slightly negligent breaches of essential contractual obligations (cardinal obligations), i.e. obligations whose fulfilment is a prerequisite for the proper performance of the contract and on the observance of which the customer may regularly rely, the liability of the Provider shall be limited to the typical, foreseeable damage. Any further liability of the Provider is excluded. The above limitations of liability shall also apply in favor of the Provider’s legal representatives and vicarious agents.

(2) The Provider expressly points out the following to the Customer:

Participation in the offered fitness videos and online training sessions is generally at the Customer’s own responsibility and own risk. Unless expressly stated otherwise, the content is intended exclusively for healthy individuals without known physical limitations. Not all course videos in the program are suitable for every participant. The Customer must therefore carefully observe and comply with the corresponding indications of difficulty levels provided for the course videos.

We strongly recommend undergoing a medical examination prior to participation in the courses and exercises and obtaining medical confirmation of fitness to participate, especially in cases of a prolonged break from sports prior to resuming exercise, pre-existing medical conditions, pregnancy, musculoskeletal complaints, or cardiovascular issues.

Excessive food intake prior to training should be avoided. In order to reduce the risk of injury, overexertion and abrupt movements must be avoided, and the trainers’ instructions must be followed precisely. Training must be discontinued immediately in the event of discomfort or pain.

(3) The Provider accepts no liability for health-related damage resulting from a participant’s lack of physical suitability and/or from disregarding the above instructions and/or from improper execution of the exercises, unless such damage is due to culpable conduct on the part of the Provider.

Section 7 – Out-of-court Dispute Resolution

We are neither obliged nor willing to participate in consumer dispute resolution proceedings.

Section 8 – Final provisions

(1) The laws of the Federal Republic of Germany shall apply, to the exclusion of the United Nations Convention on the International Sale of Goods (UNCISG). However, German law shall not apply to transactions with consumers having their permanent residence abroad to the extent the national laws applicable to those consumers set out provisions that cannot be contracted out to the detriment of the consumers.

(2) Should individual provisions of the present General Terms and Conditions prove to be invalid or impossible to implement, this shall not affect the validity of the remaining provisions.

2025-08-25