All services provided by Helwig Personal Training, Stefan Helwig, Varziner Str. 21, 12161 Berlin, hereinafter referred to as the "Service Provider," are subject to the following terms and conditions.
2.1 The Service Provider or his representative will create a training concept tailored to the client's needs and preferences within the scope of the agreed services, adhering to generally accepted sports science principles. A specific success or performance guarantee is not part of the contract.
2.2 The type, scope, and location of each service will be agreed upon with the client. Possible content and goals will be discussed with the client in a prior consultation.
Special services will be listed individually and in writing in the training contract, as agreed with the client. This applies to any form of written agreement.
2.3 The Service Provider will accompany and guide the client in the execution of personal training sessions as per the agreed services.
The client must truthfully and fully answer all questions regarding their current/previous health status and training-relevant life circumstances.
2.4 The Service Provider may adjust the training concept at any time during the contract period, if requested by the client or to accommodate new validated sports science findings, or if necessary, to address any changes in the client’s fitness level.
2.5 Unless otherwise agreed, the agreed service may only be utilized personally by the client with whom the contract has been made.
2.6 The Service Provider is generally available to the client outside of training sessions from Monday to Friday between 9 AM and 7 PM via messenger (e.g., WhatsApp) as part of the agreed service. This does not entitle the client to the constant availability of the Service Provider.
2.7 As the services provided by Helwig Personal Training involve personalized support, the exact services and content are specifically tailored for each client, and corresponding fees are agreed upon. A general overview of Helwig Personal Training’s services can be found at www.stefanhelwig.com.
The client will receive a service offer from the trainer upon request, which includes the dates, nature and scope of the service provision, and the fees. The offer is non-binding for the trainer and is considered an invitation for the client to make a binding declaration to the trainer, aimed at concluding a contract. Changes to the content remain reserved until the client's confirmation.
Unless a trial session is included in the service offer, there is no right of withdrawal according to the general provisions (§ 312g Para. 2 No. 9 BGB).
The right of withdrawal does not apply to contracts for the provision of services related to leisure activities if the contract provides for a specific date or period for the provision of the service.
For group courses, the following applies: If the withdrawal period is exceeded or if the service is canceled within the withdrawal period, the Service Provider reserves the right to charge a cancellation fee of 25 percent of the agreed session rate. If the cancellation occurs within 48 hours before the start of the course, the cancellation fee increases to 50 percent. The client is free to provide evidence of a lesser actual damage.
5.1 Our prices include the statutory value-added tax (VAT).
5.2 If additional costs arise due to the client's desired service contents beyond the scope of the booking (e.g., admission fees, venue rentals), these costs shall be borne by the client.
5.3 Payment of the service fee shall be made exclusively to the account specified by the Service Provider in the invoice.
5.4 Unless otherwise agreed, the service fee is payable within 7 days of invoicing. The Service Provider reserves the right to charge the client statutory default costs and default interest currently at 9% per annum in the event of delayed payment.
5.5 The Service Provider reserves the right to require payment in advance.
By booking any services of the Service Provider, the client confirms that there are no health restrictions that would make training impossible. It is recommended that a sports medical examination be conducted before commencing training to determine fitness for exercise.
Health restrictions must be communicated to the Service Provider immediately, but no later than before the start of a personal training session.
Appointments for personal training sessions are scheduled between the Service Provider and the client, subject to availability. Agreed-upon appointments are considered binding. Cancellations or changes must be made no later than 24 hours in advance. If cancellations are made later, the training session will generally be charged.
This does not apply if circumstances arise, which, after considering all circumstances of the individual case and potentially providing a medical certificate, make it unreasonable for the client to attend the training session.
If the client is absent from a booked service, regardless of the reason, there is no entitlement to a refund of the partial service fees.
In the case of unforeseen illnesses or physical impairments that occur after the contract has been concluded, last longer than four weeks, and are proven by a medical certificate, the Service Provider may offer the client the opportunity to use the services at a later date, but no later than within two months, or to appoint a substitute person, provided that this person meets the requirements for the service. This is a voluntary service provided by the Service Provider, and there is no legal entitlement to it.
The duration of the respective services will be individually agreed upon between the Service Provider and the client and recorded in the offer. If it is a continuous service, termination must be made in writing no later than 2 weeks before the end of the month in which the service is extended by one month.
Services that have already been paid for and included in the offer, especially personal training sessions, are not affected by a termination and remain available for the client to use until they are utilized.
(1) The client is not permitted to duplicate, modify, publish, or share the content provided to them with third parties.
(2) Any explanations regarding health and nutritional advice provided are not binding or mandatory for the client. These exercise and nutritional suggestions, as well as health recommendations, are based on the experiences of those involved in creating the content and do not constitute obligations for the client but rather recommendations.
If, for reasons beyond the control of the Service Provider, such as governmental prohibitions or regulations, the provision of the service is not possible or is only possible with disproportionate effort or only partially, the Service Provider is released from their obligation to perform.
The Service Provider is entitled to offer the client a substitute service corresponding to the agreed scope. If such an offer is not made, or if the client is demonstrably unable to accept the substitute service, Helwig Personal Training loses its claim to the payment. Service fees may be refunded on a pro-rata basis in such cases.
The Service Provider is entitled to adjust the fees for individual services in contracts without a fixed term.
Price changes will only take effect at the beginning of the month. The client will be informed in writing by the Service Provider with 8 weeks' notice before the change takes effect. In the event of a price increase, the client has the right to terminate the service contract extraordinarily in accordance with legal provisions. This right does not apply if the price increase is due to a change in the statutory value-added tax.
Course fees are to be paid according to the payment terms selected at the time of course registration. In the event of payment default by the client, the Service Provider reserves the right to exclude the client from participating in group training sessions until payment is made.
Missed training sessions in a group course cannot be rescheduled due to the group nature of such courses and therefore will not be refunded.
The Service Provider specifies a minimum number of participants for each group course. If the minimum number of participants is not reached, we reserve the right to cancel the course.
If a client reschedules their participation in a group course, the new date must be within two months. After this period, the service will be considered as rendered. The Service Provider's payment claims remain unaffected.
Helwig Personal Training limits its liability for material damages to cases of gross negligence and intentional misconduct by the Service Provider and its agents.
This limitation of liability does not apply to damages caused by negligence that are based on a breach of essential contractual obligations by the Service Provider; in such cases, the liability for material damages is limited to the foreseeable damage at the time of contract conclusion or the occurrence of the breach.
Essential contractual obligations are all duties whose fulfillment is necessary for the proper execution of the contract and upon which the client relies and is entitled to rely. The Service Provider is not liable beyond the provision of the owed service for the potential failure to achieve the purpose pursued by the client with the contract.
Helwig Personal Training has business liability insurance to cover any legal liability claims. The client is responsible for insuring themselves against accidents and injuries that may occur during events conducted by the Service Provider. This also applies to direct travel to and from the training location.
Any illness, injury, pain, dizziness, discomfort, etc., must be reported to the trainer immediately. All questions about the current/previous health status and life circumstances must be answered truthfully and completely. Any changes in health status must be reported to the trainer immediately.
The Service Provider is entitled to amend these Terms and Conditions for contracts without a fixed term with future effect. The client will be informed in writing in a timely manner and has the opportunity to agree to the new Terms and Conditions within 8 weeks of receiving the information from Helwig Personal Training, either by post, email, or online.
15.1 Should any of the preceding provisions be invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. This also applies in the case of overall invalidity or nullity. The parties agree to find a solution that most closely corresponds to the economic intent in the event of partial invalidity and to document this in a new contract.
The place of performance and exclusive jurisdiction for the provision and payment of all services under these Terms and Conditions, as well as for all disputes arising from them, is the location of the Service Provider, herein Berlin, unless mandatory provisions state otherwise.
Only German law shall apply.
You have the right to withdraw from this contract within fourteen days without providing any reason. The withdrawal period is fourteen days from the day the contract was concluded. To exercise your right of withdrawal, you must inform us (Stefan Helwig, Helwig Personal Training Berlin, Varziner Str. 21, 12161 Berlin, Phone: 030 55 21 81 61, Email: accounts@stefanhelwig.de) of your decision to withdraw from this contract by means of a clear declaration (e.g., a letter sent by post or an email). You may use the attached sample withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient that you send your communication regarding your exercise of the right of withdrawal before the withdrawal period has expired.
If you withdraw from this contract, we will refund all payments we have received from you, including delivery costs (except for the additional costs arising if you have chosen a type of delivery other than the least expensive standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this refund, we will use the same means of payment that you used for the initial transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this refund. If you requested that the services begin during the withdrawal period, you must pay us an amount that is proportionate to the services provided up to the time you notified us of your withdrawal from this contract, compared to the full coverage of the services in the contract.
(If you wish to withdraw from the contract, please complete this form and return it to us.)
- To:
Stefan Helwig, Helwig Personal Training Berlin
Varziner Str. 21, 12161 Berlin
Email: accounts@stefanhelwig.de
- 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 this form is notified on paper)
- Date
___________
(*) Delete as appropriate.
Stefan Helwig
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