As a self-employed personal trainer, you should sign a contract with your customers to clarify the contractual details and provide you with legal protection.
We have had a lawyer draw up general terms and conditions for you, especially for personal trainers.
A lawyer drew up these terms and conditions; Nevertheless: The use of standard terms and conditions does not replace individual advice from a lawyer, as specific circumstances and regulations may not be taken into account. We therefore expressly point out that we cannot accept any liability for the use of this template.
General Terms and Conditions Template for Personal Trainers
- For the business relationship between the personal trainer (from now on: “Trainer”) and the customer (in the future: “Customer”), the following General Terms and Conditions apply exclusively in the version valid at the time of the service.
- Customers within the meaning of § one sentence 1 are private individuals, companies and government institutions.
2. Subject Matter of the Contract
The contract subject is individual advice and support for customers as part of the agreed training and health advice.
3. Subject Matter
- The trainer offers the customer a concept that is optimally tailored to the customer. The concept contains various recommendations on the training content, selection of sportswear, nutritional advice. The concept takes into account the individual needs and physical abilities of the customer.
- The trainer guarantees individual customer advice. The customer is looked after personally by the trainer.
The following services are also offered:
4. Training and Making Appointments
- Before the start of the training units, there is a personal consultation with the customer. The content and goals are agreed during the discussion. As part of the consultation, the customer informs the trainer about his health and physical limitations.
- A training session lasts minutes. The more extended training units are agreed individually with the customer.
- The training units take place in the trainer’s / customer’s premises.
- The appointments are made exclusively by agreement. The agreed appointment must be canceled at least 24 hours before the agreed time. A fee of 50% of the training unit’s price will be charged for the appointments not kept.
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5. Obligations of the Customer
The customer is obliged to inform the trainer about his fitness for sport without being asked before starting the training session. Should sudden health or mental disorders occur during the training, the customer must inform the trainer immediately?
6. Terms of Payment
- The trainer’s fee is based on the current price list.
- The invoice is to be paid without deduction within days of receipt by the customer.
The following payment methods are currently available:
7. Liability and Information
- In principle, the trainer is not liable for any damage suffered by the customer. This does not apply to liability for a breach of an essential contractual obligation and liability for damage to the member from injury to life, body or health or damage resulting from an intentional or grossly negligent breach of duty by the trainer, his legal representatives or Vicarious agents are based. Essential contractual obligations are those whose fulfilment enables the proper execution of the contract in the first place and whose compliance the contractual partner can regularly rely on. The trainer’s essential contractual obligation includes in particular, but not exclusively, the services mentioned in § 3.
- The customer is expressly advised not to bring any valuables with them. On the part of the trainer, no guarding or due diligence is assumed for valuables that have been brought in.
- The trainer is not liable for any damage caused by the customer’s overestimation of himself. Suppose the customer does not follow the instructions of the trainer and suffers the damage. As a result, the liability of the trainer is excluded.
- The trainer has appropriate public liability insurance.
8. Data protection
- The customer’s data are saved by the trainer and used exclusively to fulfil the service item mentioned in § 3.
The trainer is obliged to maintain confidentiality about the customer’s information that has become known in connection with the training measures’ fulfilment. This also applies after the termination of the contractual relationship between the trainer and the customer.
10. Term of the Contract
In principle, only limited contracts are concluded between the trainer and the customer. The customer has the right to withdraw from the contract within the first 14 days from the contract’s date of conclusion. Termination is excluded unless there is a permanent medical indication that makes it impossible to continue the contract. Only medical certificates are accepted as proof.
11. Final Provisions
- Changes, additions and ancillary agreements must be made in writing to be effective unless otherwise specified in these terms and conditions. The written form requirement also applies to the waiver of this form requirement.
- If one of the preceding provisions is ineffective or unenforceable, the remaining provisions’ validity remains unaffected. Instead of the ineffective or impracticable provision, a suitable, legally adequate replacement provision that comes as close as possible to economic success will be mutually agreed.
- The place of jurisdiction is based on the statutory provisions—the Federal Republic of Germany’s law.
- Should a provision of these general terms and conditions be ineffective, the remaining provisions’ effectiveness will not be affected.
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