Terms and Conditions AGB

General Terms and Conditions (GTC)

Studio Stuttgart, Dorotheenstraße 7, 70173 Stuttgart

1 Scope of Application

1.1 These General Terms and Conditions (“GTC”) apply to the services offered by Studio Stuttgart in

accordance with the contract concluded between Studio Stuttgart and the customer.

1.2 All services are fully subject to these Terms and Conditions unless they have been amended or

supplemented by written agreements. By entering into the contract, the customer accepts these GTC,

which thereby become legally binding.

2 Contractual Content and Conclusion of Contract

2.1 The subject matter of a contract is participation in Pilates training in accordance with the contract

concluded between the customer and STUDIO STUTTGART.

2.2 A contract is concluded upon the participant/member’s written registration or purchase of one of the

services, on the date stated in the application or on the Eversports platform.

3 Services

3.1 STUDIO STUTTGART undertakes to advise and support the customer within the scope of the agreed

training sessions.

3.2 Unless otherwise agreed, the training may only be used personally by the customer.

3.3 The agreed training service constitutes a time-defined contractual service obligation in accordance with

Section 611 of the German Civil Code (BGB).

4 Training Arrangements

4.1 A training session generally lasts 55 minutes.

4.2 Training sessions take place at Studio Stuttgart’s business premises at Dorotheenstraße 7, 70173

Stuttgart. The use of mobile phones is strictly prohibited throughout the entire training area, except in

special situations agreed in advance with the trainer (e.g. illness in the family, babysitter-related situations).

4.3 Before beginning training, a health questions must be answered truthfully and to the best of the

customer’s knowledge. This information is used to develop and improve physical well-being and movement

competence. For this reason, pain and injuries must not be withheld.

4.4 Both parties acknowledge that arrangements and agreements regarding the booking of training

sessions are binding if they have been confirmed by both parties. This applies to all means of

communication used, including Eversports, telephone, email or social media (e.g. WhatsApp).

5 Validity Period and Termination

5.1 Membership contracts have a term of 12 months. They renew automatically; customers will

be informed accordingly. The right to terminate the contract for good cause remains unaffected.

5.2 For Private Sessions, Duet Sessions and Group Classes, 10-session cards are valid for certain periods defined on booking system.

starting from the first training session. After this period has expired, the 10-session card can no longer be

used. There is no entitlement to a refund.

Page 16 Payment Terms

6.1 Membership fees must be paid monthly in advance. The amount is based on the price list valid at the

time the contract is concluded. 10-session cards and individual/duet sessions must be paid in advance.

6.2 The customer receives an invoice. As long as the invoice has not been paid, there is no entitlement to

further training. Special programs that include special prices are invoiced on a prepayment basis.

6.3 STUDIO STUTTGART reserves the right to change its pricing and undertakes to notify the customer in

writing of any changes without delay and at least four weeks before they take effect.

6.4 Bank transfers shall be made to the bank account specified in the contract.

6.5 Membership contracts and class cards (e.g. 10-session group class cards) are paid using the payment

methods offered by Eversports. Available options include SEPA direct debit, credit card or Apple Pay.

Studio Stuttgart does not guarantee that all payment methods will be available for all types of services.

Where membership fees are paid monthly, the payment is due each month on the corresponding purchase

date using the selected payment method. Participation in the SEPA direct debit procedure requires the

granting of a SEPA Core Direct Debit Mandate. The pre-notification period is 5 days. The member

undertakes to ensure that sufficient funds are available in the relevant bank account.

7 Prevention and Cancellation

7.1 If the customer is unable to attend, they must cancel as soon as possible and no later than 24 hours

before the start of the training session.

Otherwise, the agreed fee for the booked training session will be charged in full and the session cannot be

rescheduled free of charge. Reserved class places that are not used must be cancelled exclusively via the

Eversports online booking system at least 24 hours in advance.

7.2 In the event of pregnancy, illness or work-related circumstances that prevent the customer from using

the facility for at least 4 weeks, the missed training may, subject to availability, be made up at the end of

the validity period upon presentation of a medical certificate or confirmation from the employer.

7.3 STUDIO STUTTGART is entitled to withdraw from the contract for good cause or cancel a training

session, particularly if the training session must be cancelled due to circumstances for which STUDIO

STUTTGART is not responsible (e.g. illness of trainers, force majeure, burst water pipe or similar

circumstances).

In the aforementioned cases, training sessions that have already been paid for will, upon request, be

refunded or not charged. Training sessions included in a membership contract may be made up free of

charge. Customers are not entitled to claim damages.

7.4 STUDIO STUTTGART is entitled at any time to provide alternative dates and/or substitute trainers. If

STUDIO STUTTGART is unable to conduct training due to a trainer’s illness, a participant using a 10-

session card may, upon request, have the training session refunded or not charged. Training sessions

included in a membership contract may be made up free of charge. Customers are not entitled to claim

damages.

8 Liability

8.1 Liability for damages suffered by the participant while taking part in a class is excluded. The participant

has been informed of the demands that the training program places on them.

8.2 The customer is responsible for assessing whether they are physically and medically fit to participate in

the training and for deciding whether participation is appropriate in light of their individual health condition.Page 2Any illness, injury, pain, dizziness, discomfort or other condition that may affect safe participation must be

disclosed to STUDIO STUTTGART before or during training. Participation despite such symptoms or

conditions is at the customer’s own responsibility, to the extent permitted by law.

8.3 All questions regarding the customer’s current and previous state of health and personal circumstances

must be answered truthfully and completely. Any changes must be reported immediately.

8.4 The customer is responsible for obtaining their own insurance against accidents and injuries that may

occur in connection with (personal) training. The same applies to the direct journey to and from the training

location.

8.5 Beyond providing the contractually agreed service, STUDIO STUTTGART is not liable if the customer

fails to achieve the purpose they intended to achieve by entering into the contract.

8.6 STUDIO STUTTGART is not liable for the loss of clothing, valuables or money brought onto the

premises.

8.7 Customers may not advertise any product or service to trainers or other persons within the studio.

8.8 Customers are expected to treat all other customers respectfully and to refrain from discrimination

based on race, gender or religion.

8.9 The customer is responsible for carefully following all instructions, safety directions and corrections

given by the trainer during a training session and for using the equipment only in the manner instructed by

the trainer. If an instruction is unclear or the customer feels unable to perform an exercise safely, the

customer must stop and inform the trainer immediately. To the extent permitted by law, STUDIO

STUTTGART shall not be liable for damage or injury resulting solely from the customer’s culpable failure to

follow the trainer’s instructions or from unauthorized or improper use of the equipment.

8.10 Whenever the trainer pauses the class in order to explain, demonstrate or correct an exercise, or

otherwise instructs participants to stop, the customer must immediately stop using the equipment and may

resume only after the trainer has instructed the class or the customer to continue. Any use of the

equipment during such a pause or contrary to the trainer’s instruction is unauthorized and is undertaken at

the customer’s own risk. To the extent permitted by law, STUDIO STUTTGART shall not be liable for

damage or injury resulting solely from such unauthorized use.

9 Data Protection

9.1 The customer’s personal data will be stored by STUDIO STUTTGART and used exclusively for the

purpose of fulfilling the aforementioned services.

9.2 Stored data will be deleted upon request and, at the latest, 24 months after the customer’s last booked

training session. In all other respects, the provisions of the German Federal Data Protection Act apply.

Further details can also be found in the Privacy Policy.

10 Confidentiality

10.1 The customer undertakes to maintain confidentiality regarding any business and trade secrets of

STUDIO STUTTGART, including after termination of the contract.

10.2 STUDIO STUTTGART shall maintain confidentiality regarding all information relating to the customer

that becomes known in connection with the provision of the training services, including after termination of

the contract.

11 Final Provisions

11.1 Both parties undertake to act with mutual loyalty and shall under no circumstances make negative

statements about the other party personally or about the other party’s products or services, or otherwise

damage the other party’s reputation or standing.

Page 311.2 Amendments, additions and ancillary agreements must be made in writing in order to be effective,

unless otherwise provided in these GTC.

11.3 The written-form requirement also applies to any waiver of this written-form requirement.

11.4 Should any of the preceding provisions be invalid or unenforceable, the validity of the remaining

provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by mutual

agreement with an appropriate legally valid provision that comes as close as possible to achieving the

intended economic result.

11.5 The place of performance is Stuttgart. This contract is governed by the laws of the Federal Republic of

Germany.