BOXING SISTERS

LEGAL — BOXING SISTERS BERLIN

Terms and Conditions

Contracting party

Boxing Sisters GmbH

Rochstr. 14a, 10178 Berlin

support@boxingsisters.com

1. Definitions

1. Unless the context requires otherwise, the following terms have the following meaning within the scope of this contract.

2. Terms and Conditions: the terms and conditions used by Boxing Sisters.

3. Fitness: a service aimed at physical and/or mental activity.

4. Customer: a natural person who does not act within the scope of a professional or commercial activity and who concludes a contract for fitness services.

5. Company: Boxing Sisters

6. Contract: contract between the Company and the Customer for the provision of fitness services.

2. Scope

1. The business relationship between the Company and the Customer is governed exclusively by these Terms and Conditions in the version valid at the time the contract is concluded.

3. Conclusion of the Contract

1. By completing the form I would like to receive starting information on the Company's website, the Customer expresses her interest in a course organised by the Company. Before submitting the form, the Customer has the opportunity to review the data she has entered. After submitting the form, the Customer receives an automatically generated email or an automatically generated WhatsApp message. This electronic message contains all the information about concluding the contract. Receipt of this automatic email or WhatsApp message does not yet constitute a contract.

2. The contract between the Company and the Customer is concluded upon payment of the fee for the course or membership. Payment can be made by clicking a link in the automatically generated email or WhatsApp message, whereby clicking the link redirects the Customer to a payment page of the Company. On this web page the Customer can make the payment via a payment service offered by the Company. A contract between the Company and the Customer is concluded upon successful payment.

3. The content of the contract as well as the other documents made available to the Customer by the Company must be treated as strictly confidential.

4. Contracts with minors (under 18 years of age) cannot be concluded. Participation is only permitted for adults aged 18 and over.

4. Right of Withdrawal

1. Customers have the right to withdraw from the contract within fourteen days of the contract being concluded, without giving reasons. To exercise the right of withdrawal, the Customer must inform the Company by means of a form that the contract is to be withdrawn. The form can be sent to the Company by post, fax or email. To meet the withdrawal deadline, it is sufficient to send the form regarding the exercise of the right of withdrawal before the withdrawal period expires. However, the right of withdrawal ends when the consumer makes early use of the fitness service.

2. If a consumer withdraws from the contract, the Company will refund all payments made by the consumer without delay and at the latest within 14 days of the day on which the notice of withdrawal was received by the Company. For this refund, the Company will use the same means of payment that the consumer used for the original payment, unless expressly agreed otherwise; in no case will the consumer be charged any fees for this refund.

5. Subject and Scope of Services

1. The nature and scope of the services are determined by the fitness contract as well as the additional services or packages offered and selected (e.g. personal coaching).

2. The membership is personal. A transfer of the membership to third parties is excluded without the written consent of the Company.

6. Contract Term and (Early) Termination of the Contract

1. The Company offers the Customer at least one of the following options:

1.1 The beginner course, in which the Customer receives 16 credits (the right to participate in 16 courses), which she may use freely over a period of 11 weeks for any of the courses offered by the Company (Boxing Sisters beginner and advanced courses). The contract ends automatically once the credits are used up or after the 11-week period expires and requires no further termination. Termination in the meantime without good cause is excluded here.

1.2 A flexible membership over a period of four weeks, which can be terminated monthly with one month's notice to the end of the month. Participation in a beginner course is a prerequisite for this membership.

1.3 A loyalty membership over a period of at least one year, which, after this contract term has expired, can be terminated monthly with one month's notice to the end of the month. Participation in a beginner course is a prerequisite for this membership.

2. If no timely termination is given, the contract is tacitly extended by 4 weeks after the notice period expires. The extended contract can be terminated at any time subject to the one-month notice period.

3. If the contract is concluded for a period longer than one year, the Customer may terminate the contract after this period has expired, subject to one month's notice.

4. Extraordinary termination by the Customer is possible if:

4.1 the consumer moves her place of residence outside a radius of 20 km from the fitness studio for which the membership was concluded. This must be proven by an entry in the residents' registration register.

4.2 the Customer, due to an injury or illness because of which continued use of the Company's offers would be impossible or harmful. As long as the use of individual, not entirely insignificant parts remains possible, extraordinary termination is not permitted.

4.3 the Customer is pregnant.

5.1 Termination of the contract must be made in writing.

6.1 In addition to the termination option referred to in paragraph 4, the Customer also has the option of freezing the contract. In the event of an illness or injury because of which use of the Company's offers would be impossible or harmful for a period of more than one month, the Customer may indicate that she is unable to use the fitness activities due to an injury or illness for longer than one month; the contract term is then extended by this period without additional membership fees being incurred for this period.

7. Extraordinary termination by the Company is possible with immediate effect if:

7.1 the Customer violates one or more provisions of these Terms and Conditions or the applicable (house) rules.

7.2 the consumer has behaved unlawfully towards the Company or a contracting party of the Company.

7.3 the Customer is in default with the payment of an amount equal to two monthly fees, which entitles the Company to terminate the contract without notice for good cause.

7. Prices and Price Changes

1. The membership fee is payable in advance.

2. Any price increases will be announced by the Company 2 weeks in advance.

3. In the event of a price increase, the Customer has the right to terminate the contract within one month of the price increase being announced. The membership fee paid in advance will be refunded.

4. The termination option under paragraph 3 does not apply to price adjustments based on price indexation of up to €60 per year, or to price adjustments that arise directly from the law, such as those relating to value added tax.

8. Obligations of the Company/Provider

1. The Company guarantees that the facilities and services provided comply with the contract.

2. The Company shall subject the facilities to the necessary maintenance.

3. The Company guarantees that the instructors or supervisors have sufficient knowledge as can usually be expected.

4. The Company ensures that sufficient first-aid resources are available.

5. The Company takes measures to prevent damage to or loss of customers' property.

9. Obligations of the Customer

1. The Customer must comply with the provider's instructions and the (house) rules.

2. The Customer must inform the Company of any medical contraindication that speaks against practising the sport.

3. The Customer must follow the instructions of the Company or its staff. The Customer is not permitted to use equipment or facilities with which she is not familiar. If the Customer is not familiar with one or more pieces of equipment or facilities, she must inform the Company so that it can explain to her how the equipment or facilities must be used.

4. The Customer may not use the equipment and facilities if she is under the influence of alcohol, drugs, medication or substances classified as doping agents.

5. The Customer is not permitted to smoke in the fitness areas provided by the Company.

6. The Customer must inform the Company in good time, in writing or electronically, of changes to her postal address, email address, account number and telephone number.

10. Interim Changes

1. The Company may make interim changes to the services offered, the premises and opening hours. The Company will announce the planned changes at least 4 weeks in advance.

2. In the event of changes pursuant to paragraph 1 to the Customer's disadvantage, the Customer has the right to terminate the contract with one month's notice after the announcement. In the event of termination, the membership fee paid in advance will be refunded.

11. Payment

1. The membership fees due are levied and collected in the agreed manner.

2. After the payment deadline has expired, default of payment occurs automatically. The Company will notify the Customer of this in writing and give her the opportunity to pay the amount due within two weeks.

3. After the new payment date has expired, the Company reserves the right to charge the Customer default costs. These include bank charges for returned direct debits, reminder fees for late payment and the like, as well as the costs of appropriate legal action. In addition, the Company is entitled to deny the Customer access to the fitness facilities.

12. Liability

1. The Company is not liable for material damage (e.g. theft) or immaterial damage (e.g. injuries) that arises during training, competitions or other activities. This does not apply to liability for breach of a material contractual obligation, nor to liability for damage to the Customer arising from injury to life, body or health, nor to damage based on an intentional or grossly negligent breach of duty by the Company, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the contracting partner may regularly rely. The material contractual obligations of the Company include in particular, but not exclusively, the ongoing provision of the facilities referred to in § 8 of the contract. The Customer is expressly advised not to bring any valuables.

2. Boxing is a physically demanding sport. Customers are therefore advised to consult their general practitioner about their state of health so that they are able to follow the training and any competitions responsibly.

3. Boxing involves risks. By signing the registration form, the Customer (or a legal guardian) declares that he/she is informed of these risks and accepts them as his/her own risk.

13. Data Protection

1. The data collected via the booking form is stored, used and, where applicable, passed on by Boxing Sisters insofar as this is necessary for the provision of the contractual services. The legal basis is Art. 6 (1) sentence 1 lit. b and f GDPR and, where applicable, consent pursuant to Art. 6 (1) sentence 1 lit. a and Art. 9 (2) lit. a GDPR. Further processing only takes place if the customer has consented or there is a legal permission.

14. Final Provisions

1. When concluding the fitness contract, the Customer must provide truthful information about personal data relevant to the contract. The Customer must inform the Company of any change to data relevant to the contract (name, address, bank details, etc.) without delay.

2. If individual provisions of these Terms and Conditions are or become invalid, the validity of the remaining Terms and Conditions remains unaffected.

3. The contractual relationship between the parties is governed exclusively by the law of the Federal Republic of Germany, unless mandatory consumer protection law of the EU member state in which the member is resident applies. The contract language is German.

8-week course: now €159 (was €209)