General terms and conditions for cooperation in connection with the company and for all training facilities owned by Crossfit Wädenswil GmbH or EBF AG, respectively the training locations operated by EBF AG.
The names CrossFit Wädenswil, Crossfit and EBF (Early Birds Fitness AG) are equivalent, as the sport CrossFit is offered by EBF. The terms therefore stand for the same thing in these GTCs. The GTCs apply not only to the area of EBF's registered office, but to all EBF operating sites.
1. membership
- By accepting services for the first time, signing the membership and/or paying for subscriptions and/or entering the CrossFit Wädenswil premises for the first time, the customer declares acceptance of these contractual conditions (GTC).
- The customer is aware that he/she is in a contractual relationship with CrossFit Wädenswil, which in turn is based on these GTC.
- The GTC are available at CrossFit Wädenswil in the training halls and/or at the company's registered office and can be viewed at any time.
- The GTC will be provided in writing at any time upon request.
- Membership is personal and non-transferable.
- By signing the contract, the customer confirms that he/she is in suitable physical and mental condition at the time of signing the contract and can perform active and passive movements without physical injury.
- If the customer's state of health changes during the course of the contract period, the customer must discontinue activities at CrossFit Wädenswil.
- CrossFit Wädenswil can and may neither inquire nor determine the health situation of the member.
- A member can authorize their medical representative to speak to CrossFit Wädenswil at any time about adapting a workout.
i.) However, CrossFit Wädenswil reserves the right to exclude members from training if CrossFit Wädenswil cannot rule out the risk of injury. - The age of majority is assumed at the time the contract is concluded.
- CrossFit Wädenswil reserves the right to allow minors to train.
i.) This requires the signature of the parent or legal guardian and the full assumption of responsibility by the parent or legal guardian.
2. subscription, renewal, interruption
- The subscription costs are to be paid to CrossFit Wädenswil by bank transfer or cash payment when the membership is taken out.
- Services without valid and accepted payment will be refused by CrossFit Wädenswil.
- The subscription is valid for the duration of the contract and is automatically renewed if not canceled.
- After termination, the validity and thus the right to use the services and the premises of CrossFit Wädenswil expires.
- The price of the subscription depends on the individually desired contract duration and form per member.
- The current contract terms and prices apply to the new or extended contract period.
- Changes to the terms of the contract will be communicated in good time in an appropriate form.
- It is not possible to suspend subscriptions that have already been paid for.
- Vacation absences and other situations occurring with the member that make it impossible to visit and train at CrossFit Wädenswil generally do not entitle the member to interrupt membership or to a refund.
i.) Exception 1: In the event of a medically certified injury. The subscription can be interrupted for a minimum of 1 month and a maximum of 3 consecutive months. Interruptions of less than one month are excluded. An interruption for medical reasons is only granted once a year. There will be no repayment. The interruption period can be used to extend the subscription free of charge after the regular subscription period has expired.
ii.) Exception 2: In the case of vacation-related absences, the subscription can be stopped for a minimum of 1 month and a maximum of 3 months consecutively. Interruptions of less than one month are excluded. An interruption is only granted once per year. There is no refund. The interruption period can be used to extend the subscription free of charge after the regular duration has expired. - During a break or interruption of the subscription, the member has no access to CrossFit Wädenswil training classes and the membership cannot be terminated.
- A refund of the subscription already paid for will never take place.
- If payment is not made, the member will be blocked and will not have access to the training sessions and locations.
i.) Payment is still owed and the subscription period begins to run, even if the blocking occurs due to non-payment.
3. termination, violations, damage to reputation
- The duration of membership is subject to individual agreement.
- The contract can be terminated by either party with 30 days' notice to the end of the month. If the contract is not terminated, it is automatically extended for a further month.
- The subscription offers and prices form part of this agreement.
- If there is an important reason, which is caused by the member's own fault and intentionally, which makes the continuation of the contractual relationship unreasonable for CrossFit Wädenswil, CrossFit Wädenswil is entitled to terminate the contractual relationship with immediate unilateral effect.
i.) In this case, there is no claim for reimbursement.
ii.) Important reasons exist, for example, if a member - despite prior verbal warning - commits violations of rules or is guilty of taking unauthorized substances.
iii.) Intentional and negligent damage to the training equipment, furniture and generally to the facility by a member entitles CrossFit Wädenswil to immediate termination and leads to a claim for compensation or repair costs against the respective member.
iv.) During training, the instructions and advice of the coaches must be followed.
v.) If a member disobeys their instructions or intentionally or grossly negligently endangers other members, this entitles CrossFit Wädenswil to immediately terminate the membership contract unilaterally without being liable for reimbursement. - CrossFit Wädenswil builds its training programs to the best of its knowledge and belief, as well as on high moral principles.
i.) If a member fails to observe or comply with these principles, or incites third parties to do so, this will result in immediate expulsion. - It is strictly forbidden for members to take products such as prescription drugs, anabolic steroids and the like on the premises of CrossFit Wädenswil or to sell or advertise them to other members.
i.) Should this happen, membership may be terminated immediately.
ii.) A report to the authorities may be the consequence.
iii.) The only exception is medication prescribed by a doctor for personal use. The member must be able to produce the doctor's prescription at all times.
4th offer
- CrossFit Wädenswil offers various services and subscriptions.
- The offer depends on the subscription purchased and paid for.
- Other offers and specially offered training sessions must be paid for separately.
5. operating times
- CrossFit Wädenswil is open during operating hours with the exception of public holidays, cleaning, refurbishment, etc.
- The offer and operating hours may change at any time.
- There is no entitlement to reimbursement or extension of membership due to operationally necessary closures and/or changes to the offer or operating hours.
6. data protection
- Photos and videos can be taken for social media use on the premises of CrossFit Wädenswil.
i.) If this is not desired, the member is obliged to inform the coach when entering the rooms.
ii.) In this case, it is ensured that he/she is not included in the picture. - The photos/videos can be used on common social media channels such as Facebook, Instagram, Snapchat (non-exhaustive list).
- CrossFit Wädenswil is authorized to process personal data of the member incl. to store, use, process and transmit photographs, insofar as this is necessary for the mutual fulfillment and processing of this contractual relationship or serves this purpose.
7. liability
- CrossFit Wädenswil rejects any liability in all areas in which it is not legally obliged to assume liability.
- CrossFit Wädenswil is not liable for damage to members' health.
- At the same time, by participating in the courses offered, members confirm that they are in perfect physical and mental health.
- The member is responsible for taking out insurance.
- CrossFit Wädenswil accepts no liability for theft in any CrossFit Wädenswil premises, including the checkroom and the training facility.
8. other
- By signing, the member acknowledges that the General Terms and Conditions are subject to change and that these have been brought to his/her attention and explained to him/her in an appropriate form.
- It goes without saying that the provisions of Swiss legislation also apply to the contractual conditions, insofar as these are mandatory.
- Verbal collateral agreements do not form part of the contract.
9. payment details & payment method
- The monthly subscriptions are to be paid to the CrossFit Wädenswil account on the 1st of each month.
- Annual and half-yearly subscriptions must be paid by bank transfer before the agreed validity period.
These GTC seamlessly replace the GTC from:
old: 12.08.2019 - IKEKO AG, Industriestrasse 14, 4528 Zuchwil Switzerland
new: 13.11.2023 - CrossFit Wädenswil, Zugerstrasse 162, 8820 Wädenswil