Important Notice:

This English version is provided for convenience only. The legally binding version of these General Terms and Conditions is the German version. In the event of any inconsistency or interpretation issue, the German text shall prevail.

General Terms and Conditions and Cancellation Policy

1. Scope of Application

All services provided by

Helwig Personal Training

Stefan Helwig

Varziner Str. 21

12161 Berlin

Germany

(hereinafter referred to as the “Service Provider”) shall be subject to the following General Terms and Conditions.

2. Services

2.1 Training Concept and Standard of Performance

The Service Provider or his representative shall develop, within the scope of the agreed services, a training concept tailored to the client’s needs and objectives, based on generally accepted principles of sports science.

The Service Provider owes the proper professional performance of the agreed training services in accordance with recognized sports science standards. Unless explicitly agreed otherwise — in particular within the framework of an expressly designated “individual swimming training with success component” — no specific training result is owed.

Where a concrete training goal is expressly agreed within an offer designated as “Individual Training with Success Component,” the success component shall be governed exclusively by the separately regulated provisions applicable thereto.

2.2 Scope and Coordination of Services

The type, scope, and location of each service shall be agreed individually with the client. Possible content and objectives shall be coordinated in advance during a consultation.

Additional services shall be individually agreed and documented in writing in the training agreement. This applies to any written agreement.

2.3 Client Cooperation and Health Information

The Service Provider shall supervise and instruct the client during the agreed personal training sessions.

The client undertakes to answer all questions concerning their current and past health status and other training-relevant circumstances truthfully and in full.

2.4 Adjustments to the Training Concept

The Service Provider may adjust the training concept at any time during the term of the agreement:

2.5 Personal Nature of Services

Unless otherwise agreed, the services may only be used personally by the client with whom the contract was concluded.

2.6 Availability Outside Training Sessions

Outside of training sessions, the Service Provider shall generally be available to the client Monday through Friday between 9:00 a.m. and 7:00 p.m. via messenger services (e.g., WhatsApp), within the agreed scope of services. This does not constitute an entitlement to constant availability.

2.7 Individualized Service Structure

As Helwig Personal Training provides individualized coaching, the precise services and content are assembled specifically for each client and the corresponding fees are agreed individually.

A general overview of services can be found at: www.helwig.berlin.

2.8 Individual Training with Target Guarantee (Intensive Program)

  1. The Individual Training with Target Guarantee is a structured intensive program at a flat total price of EUR 1,800.
  2. The objective of the program is the concrete and realistic training goal defined jointly at the beginning of the first session (e.g., swimming 25 meters continuously).
  3. The program includes eight (8) personal training sessions of 60 minutes each, as well as individualized training recommendations for independent practice between sessions.
  4. If the agreed goal has not been achieved after eight sessions despite the client’s proper cooperation, the Service Provider shall provide additional sessions at no extra charge until the goal is achieved.
  5. Free additional sessions require:
    • regular attendance,
    • compliance with training instructions,
    • reasonable independent practice,
    • no interruption exceeding four weeks,
    • no undisclosed health or psychological limitations.
  6. The obligation to provide additional sessions free of charge ends no later than six (6) months after commencement of the program.
  7. The program does not constitute medical or therapeutic treatment. In cases of significant psychological blocks or medical limitations, the agreed goal may be adjusted by mutual consent.
  8. Refund of the flat fee is excluded.

3. Offer and Conclusion of Contract

Upon request, the client shall receive a service offer specifying dates, type, scope, and fees. The offer is non-binding for the trainer and constitutes an invitation for the client to submit a binding declaration to conclude a contract. Amendments remain reserved until confirmation by the client.

Unless a trial session is included in the offer, there is otherwise no statutory right of withdrawal pursuant to § 312g para. 2 no. 9 German Civil Code (BGB).

4. Notice Regarding Right of Withdrawal

There is no right of withdrawal for contracts relating to leisure activities where the contract provides for a specific date or period of performance.

For group courses:

the Service Provider reserves the right to charge a cancellation fee of 25% of the agreed session rate.

If cancellation occurs within 48 hours before course commencement, the cancellation fee increases to 50%.

The client may prove that no damage or significantly lower damage has occurred.

5. Prices, Third-Party Costs, and Payment

  1. Prices include statutory VAT.
  2. Additional costs beyond the booked services (e.g., admission fees, facility rentals) shall be borne by the client.
  3. Payment must be made exclusively to the account specified on the invoice.
  4. Unless otherwise agreed, invoices are payable within seven (7) days. In case of default, statutory default costs and interest currently at 9% p.a. may be charged.
  5. The Service Provider reserves the right to require advance payment.

6. Health Suitability

By booking services, the client confirms that no health restrictions exist that would prevent participation in training.

A sports medical examination prior to commencing training is recommended.

Health limitations must be disclosed immediately, at the latest prior to the personal training session.

Within Individual Swimming Training with Success Component, the client additionally confirms that no psychological or medical circumstances exist that could materially impair achievement of the agreed goal. The training does not constitute medical or psychotherapeutic treatment.

7. Appointments and Cancellations

Appointments are agreed subject to availability and are binding.

Cancellations or changes must be made at least 24 hours in advance. Later cancellations are generally charged in full.

This does not apply where participation cannot reasonably be expected due to circumstances of the individual case, potentially substantiated by medical certificate.

In the Individual Training with Success Component, missed or postponed sessions do not extend the eight-session period where changes fall within the client’s responsibility.

8. Illness or Absence of the Client

No refund is granted for non-attendance, regardless of reason.

In case of unforeseen illness lasting longer than four weeks and proven by medical certificate, the Service Provider may allow rescheduling within two months or nomination of a substitute person meeting the service requirements. This is voluntary and does not constitute a legal entitlement.

9. Term and Termination

The term is individually agreed.

For ongoing services, termination must be submitted in writing no later than two weeks before the end of the month in which the service would otherwise extend by one month.

Already paid services — especially personal training sessions — remain redeemable and are not affected by termination.

10. Client Obligations

  1. The client may not reproduce, modify, publish, or share provided content with third parties.
  2. Any statements regarding health or nutrition are non-binding recommendations and do not constitute mandatory instructions.

11. Disruption of Services

If performance becomes impossible or disproportionately burdensome due to reasons beyond the Service Provider’s control (e.g., governmental orders), the Service Provider is released from performance obligations.

An equivalent substitute service may be offered. If not possible or unreasonable, the entitlement to payment lapses and fees may be refunded proportionally.

12. Price Adjustments

For contracts without fixed term, prices may be adjusted effective at the beginning of a month.

The client will be notified in writing eight weeks in advance.

In case of price increase, the client may terminate extraordinarily under statutory provisions, except where the increase results from statutory VAT changes.

13. Group Courses

Course fees must be paid according to selected payment terms.

In case of default, participation may be suspended.

Missed sessions cannot be made up or refunded.

Minimum participant numbers apply; courses may be cancelled if not reached.

Postponements must occur within two months; otherwise performance is deemed rendered.

14. Liability

  1. Unlimited liability for intent, gross negligence, and injury to life, body, or health.
  2. For slight negligence of essential contractual obligations, liability is limited to foreseeable typical damage.
  3. Otherwise excluded.
  4. No liability for failure to achieve training goals, except under expressly agreed success component.

15. Amendments to Terms

For contracts without fixed term, these Terms may be amended for the future.

Clients will be informed in writing and may approve within eight weeks.

Invalid provisions do not affect remaining provisions. Parties shall agree on a legally valid substitute reflecting the intended economic purpose.

16. Place of Performance, Jurisdiction, Applicable Law

Place of performance and exclusive jurisdiction is Berlin, Germany, unless mandatory law provides otherwise.

German law exclusively applies.

Cancellation Policy

Right of Withdrawal

You have the right to withdraw from this contract within fourteen (14) days without giving any reason.

The withdrawal period is fourteen days from the date of contract conclusion.

To exercise your right, you must inform:

Stefan Helwig

Helwig Personal Training Berlin

Varziner Str. 21

12161 Berlin

Germany

Phone: +49 30 55 21 81 61

Email: accounts@stefanhelwig.de

by means of a clear declaration (e.g., letter or email).

To meet the deadline, it is sufficient to send notification before expiry.

Consequences of Withdrawal

If you withdraw, all payments received shall be reimbursed within fourteen days from receipt of withdrawal notice.

Reimbursement shall use the original payment method unless otherwise agreed.

If services were requested to begin during the withdrawal period, you shall pay a proportionate amount corresponding to services already rendered relative to total contractual services.

Model Withdrawal Form

(Complete and return only if you wish to withdraw.)

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:

Ordered on () / received on ()

Name(s) of consumer(s):

Address:

Signature (only if on paper):

Date:

(*) Delete as appropriate.

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