For personal training and sports-science movement guidance services under the VERTEX SPORTTHERAPIE brand.
Version: [DATE]
§ 1 Scope of Application
These Terms and Conditions (hereinafter "T&C") apply to all contracts between Julio Abad Veria, [FULL ADDRESS], Berlin (hereinafter "Provider"), and consumers (hereinafter "Client") for personal training and movement guidance services under the VERTEX SPORTTHERAPIE brand.
Any differing general terms and conditions of the Client shall not become part of the contract unless the Provider expressly agrees to their applicability in writing.
§ 2 Scope of Services
The Provider delivers sports-science movement and training guidance . Services include in particular:
Personal training (1:1)
Movement analysis
Individual training programs
Senior movement sessions
Aqua training
Follow-up training programs after completed medical treatment (subject to medical clearance)
Important: The Provider's services are not medical treatment within the meaning of the German Heilpraktiker Act (HeilprG) or the Masseur and Physiotherapy Act (MPhG). See § 7 of these T&C.
§ 3 Formation of Contract
Bookings are made via the platform Cal.com (cal.com/[VERTEX-CAL-USERNAME]), by e-mail, or by telephone. The display of services and prices on the website constitutes a non-binding offer. The contract is formed once the Provider confirms the booking by e-mail.
§ 4 Prices and Payment
Prices current at the time of booking as published on vertex-sporttherapie.de apply. If the Provider qualifies as a small business under § 19 of the German Value Added Tax Act (UStG), no VAT will be charged.
Indicative price structure (placeholders):
Single personal training session (60 min)
[PRICE] €
10-session package (valid 6 months)
[PRICE] €
Home-visit surcharge
[PRICE] €
Senior slot
[PRICE] €
Initial consultation / movement analysis (60 min)
[PRICE] €
Payment by bank transfer, direct debit, or card as specified in the booking confirmation. Due date: before the session or as stated on the invoice issued.
§ 5 Client Obligations and Medical Clearance
By entering into the contract, the Client confirms that no health restrictions exist that would preclude the agreed training, or that medical clearance for training is in place.
The Client shall proactively inform the Provider of any relevant medical findings, surgical procedures, medications, and changes in health status.
§ 6 Cancellation / Rescheduling
Sessions may be cancelled or rescheduled by the Client free of charge up to 24 hours before the session start time.
If the Client cancels between 24 and 2 hours before the session, 50 % of the agreed fee becomes payable.
Cancellations made less than 2 hours before the session, or no-shows, will be charged at 100 % of the agreed fee.
No cancellation fee applies in cases of force majeure, sudden serious illness evidenced by a medical certificate, or by mutual agreement.
§ 7 No Medical Treatment
The services offered under VERTEX SPORTTHERAPIE constitute sports-science movement and training guidance and are not medical treatment within the meaning of the German Heilpraktiker Act (HeilprG) or the Masseur and Physiotherapy Act (MPhG). They do not replace medical diagnosis, medical treatment, or physiotherapy.
The Client acknowledges that the Provider does not act as a physiotherapist, Heilpraktiker, or physician and does not provide medical diagnosis or therapy. For medical questions, the Client should consult the relevant licensed healthcare professional.
§ 8 Liability
The Provider bears unlimited liability for damages arising from intent or gross negligence, and for damages resulting from injury to life, body, or health.
For simple negligence, the Provider's liability is limited to breaches of material contractual obligations (cardinal obligations) and only up to the amount of foreseeable, contract-typical damage.
No liability is accepted for specific training outcomes or results.
All further liability is excluded to the extent permitted by law.
§ 9 Right of Withdrawal for Consumers (Distance Contracts)
Consumers have a right of withdrawal for contracts concluded at a distance pursuant to §§ 312g, 355 of the German Civil Code (BGB).
Withdrawal Notice
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract.
To exercise the right of withdrawal, you must inform us (Julio Abad Veria, [FULL ADDRESS], [E-MAIL] , [TELEFON] ) of your decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter sent by post or an e-mail). You may use the model withdrawal form below, but this is not obligatory.
To meet the withdrawal deadline, it is sufficient that you send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
Effects of Withdrawal
If you withdraw from this contract, we shall reimburse all payments received from you without undue delay and in any event no later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. If you requested that the services begin during the withdrawal period, you shall pay us an amount proportional to the services provided up to the point at which you communicate your withdrawal from this contract, in comparison with the full coverage of the contract.
Model Withdrawal Form
(Complete and return this form only if you wish to withdraw from the contract.)
To: Julio Abad Veria, [FULL ADDRESS], [E-MAIL]
I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract for the provision of the following service: __________________________
Ordered on: __________ / received on: __________
Name of consumer(s): __________
Address of consumer(s): __________
Signature (only if this form is notified on paper): __________
Date: __________
(*) Delete as appropriate.
§ 10 Final Provisions
Should any individual provisions of these T&C be or become invalid, the validity of the remaining provisions shall remain unaffected.
The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
The place of jurisdiction is Berlin, to the extent permitted by law.
Consumer dispute resolution: The Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
Language Versions
The German version is legally binding. Die deutsche Fassung ist rechtlich maßgeblich. La versión alemana es jurídicamente vinculante.