General terms and conditions

§ 1 Scope

These general terms and conditions apply to all contracts between FITTAKT Köln GmbH, Neusser Straße 214, 50733 Köln (“FITTAKT”) and its members concerning the use of the studios in Köln-Nippes, Köln-Ehrenfeld, Köln-Deutz, Köln-Kalk and Köln-Rodenkirchen. Differing terms proposed by the member do not become part of the contract.

§ 2 Conclusion of contract

The membership contract is concluded in one of the studios in text form. Enquiries made through this website, in particular a trial week or corporate membership enquiry, are non-binding and do not constitute an offer in the legal sense. A contract only comes into existence once both parties have signed in the studio. The minimum age for concluding a contract in your own name is 16; for minors, the consent of a parent or guardian in text form is required.

§ 3 Services

FITTAKT provides the training floors, equipment and classes covered by the chosen membership during the published opening hours. The “Single studio” membership entitles the member to use the studio named in the contract; the “All-Köln” membership entitles the member to use all five studios. All classes are included at no extra charge; participation requires a booking and is limited by the capacity of the class room.

FITTAKT may adjust the timetable, the equipment and the opening hours for objective reasons, provided the character of the service is preserved. Individual classes may be cancelled; there is no entitlement to a particular class, a particular coach or a particular machine.

§ 4 Prices and payment

The fees agreed in the contract apply. At the time of this version they are: single studio €29,90 per month, All-Köln €39,90 per month, student €24,90 per month, corporate wellness from €22 per seat and month. The trial week is free of charge. All prices include statutory VAT.

The fee is due monthly in advance on the third working day and is collected by SEPA direct debit. The member issues a SEPA direct debit mandate for this purpose and ensures that the account is funded. The member bears the actual cost of any returned direct debit for which they are responsible. No joining fee is charged.

Any increase in fees is announced in text form at least three months in advance. In that case the member may terminate the contract with effect from the date the increase takes effect.

§ 5 Term and termination

The initial term is twelve months, or six months for the student membership. If the contract is not terminated at the end of the initial term it continues for an indefinite period and may be terminated with one month’s notice to the end of the month. It is not automatically extended by a further fixed term.

Notice must be given in text form; an email to the studio concerned is sufficient. The right to terminate for good cause remains unaffected. Good cause exists in particular where the member is permanently unable to train for health reasons; this must be evidenced by a medical certificate. If the member moves more than 50 km from Cologne, the contract ends at the end of the following month once the registration certificate has been presented.

§ 6 Freezing the membership

The member may freeze the membership without giving reasons for up to eight weeks per contract year. With a medical certificate, a freeze is possible for the duration of the certified inability to train. No fee is payable during a freeze; the contract term is extended by the length of the freeze.

§ 7 House rules and member obligations

The member observes the house rules displayed in the studio, uses the equipment as intended, returns weights after use and places a towel on upholstery. Outdoor shoes are not permitted on the training floor. Audio and video recordings of other people are prohibited.

The member confirms that their state of health permits training and trains on their own responsibility. Where pre-existing conditions exist, FITTAKT recommends medical clearance before starting. Instructions given by staff must be followed. In the event of serious or repeated breaches, FITTAKT may ban the member from the premises and terminate the contract for good cause.

§ 8 Membership card and access

Access is granted using the personal membership card or the FITTAKT app. Access rights are not transferable. Loss must be reported to FITTAKT without delay; a flat fee of €10 is charged for a replacement card. By way of exception, seats under a corporate membership are transferable between employees of the contracting partner.

§ 9 Liability

FITTAKT is liable without limitation for damage arising from injury to life, body or health, and for damage caused intentionally or by gross negligence. In the event of a slightly negligent breach of a material contractual obligation, liability is limited to the foreseeable damage typical of this type of contract. Liability is otherwise excluded. Liability under the German Product Liability Act remains unaffected.

FITTAKT is liable for valuables kept in lockers only within the limits set out above. Lost property is kept for three months.

§ 10 Data protection

The processing of personal data is governed by our privacy notice. Health-related information is processed only with explicit consent and solely for the purpose of coaching.

§ 11 Final provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If the member is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is Cologne. Should any provision of these terms be invalid, the validity of the remaining provisions is unaffected.

FITTAKT is a fictional business. These terms exist for demonstration purposes only and create no rights or obligations.