1.1 Mag. Alfredo Scarlata or his representative (hereinafter referred to as service provider) creates a training or health concept for the customer that is tailored to his needs and ideas and corresponds to the generally recognized sports science, medical and nutritional science findings within the scope of the agreed services .
1.3 Support and guidance of the customer during the implementation of the personal training units or coaching units within the scope of the agreed services is provided by the service provider (s). 1.4 The service provider can adjust the training concept at any time during the term of the training contract if the customer so requests or in order to take into account new, secured sports science findings or if this is necessary to correspond to a changed fitness of the customer for sport. 1.5 Unless otherwise agreed, the agreed service can only be used personally by the customer. 1.6 The agreed service is a time-based obligation.
2. Subject matter of the contract
2.1. 2.1. The subject of the contract is individual advice and support for customers within the framework of the agreed training units or coaching and consulting units. 2.2 The service includes: personal training, lectures and seminars, body analysis by measuring body composition, vibration massage, consulting. 2.3 The planning and implementation of personal training and / or special services between the customer and the service provider are agreed by verbal or written assignment by the customer. 2.4 The customer informs the service provider immediately of any restrictions on his fitness for sport that exist before the training contract is concluded. 2.5 The customer answers all questions about the current / previous state of health and training-relevant living conditions truthfully and completely. 2.6 Special services are recorded individually and in writing after consultation with the customer and commissioned. 2.7 The duration of a personal training or consulting unit is 50 or 30 minutes. Shorter or longer units must be expressly agreed. The duration of the body analysis is approx. 15 minutes. The duration of a vibration massage is approx. 10 minutes. 2.8 The type, scope and location of each personal training unit, diagnostics or consulting unit will be discussed with the customer. Possible contents and goals are agreed with the customer in advance in a telephone consultation. 2.9 Online personal trainings take place via Skype, Zoom or Facetime. The duration of the online coaching units is 30 or 50 minutes.
3.1 The service provider is available to the customer outside of the training units from Monday to Friday between 8 a.m. and 6 p.m. as part of the agreed service by telephone and email. This does not give rise to any entitlement to constant availability of the service provider.
4.1 The service provider is only liable to the customer in the event of intent or gross negligence; liability for third-party negligence is excluded. This applies to all damage that the customer suffers as part of personal training.4.2 The service provider is not liable beyond the provision of the service owed for any failure to achieve the purpose pursued by the customer when entering into the contract. 4.3 The service provider has professional liability insurance in order to meet any statutory liability claims of the customer. 4.4 The customer is responsible for insuring himself against accidents and injuries that may occur within the scope of the agreed service. The same applies to the direct route to and from the place where the service is provided.
5.1 The service provider receives a fee for the services provided according to point 2 of these contractual conditions in the amount specified in the respective hourly package / diagnostics. All prices are final prices. The fee is to be paid in full at the beginning of the care or as agreed. 5.2 The customer receives a written invoice including VAT from the service provider. 5.3 The current fees apply. These are available on request as part of a cost estimate. The service provider reserves the right to change the pricing and undertakes to notify the customer of any changes immediately, at least four weeks before they come into effect, in writing or in person. 5.4 12 months after the end of the contract, the entitlement to unused training dates expires.
6.1 If additional costs arise due to the desired service content of the customer (entrance fees, space rental, parking costs, etc.), these are to be borne by the customer. 6.2 The costs for a doctor, physiotherapist, nutritionist or similar, who are consulted for holistic care, are borne by the customer in the amount of the billing modalities of the respective service provider. 6.3 If other services (e.g. training support while traveling etc.) are used, separate tariffs are agreed in advance. 6.4 If the service provider purchases products (sporting goods etc.) on behalf of the customer, the goods remain the property of the service provider until they have been paid for in full by the customer. 6.5 The travel fee for home workouts or training in the office within Vienna is EUR 30.-. When traveling outside of Vienna, EUR 0.50 per kilometer driven will be charged.
7.1 If he is unable to attend, the customer undertakes to cancel as soon as possible, but no later than 24 hours before the start of the training. In the event of a cancellation up to 4 hours before the appointment, 50% of the price will be charged, afterwards and also in the event that the customer does not appear for the appointment, 100% of the price will be charged. The same applies to postponements. 7.2 In the event of illness (proof required) or any other absence notified to the service provider in good time, the appointments not taken will of course be made up for. 7.3 If the implementation of personal training is too dangerous or impossible due to unforeseeable circumstances (weather conditions, etc.), the personal training may take place indoors or online or will be postponed by arrangement. The decision about the implementation is generally made by mutual agreement with the customer. 7.4 In exceptional cases (illness, vacation time, etc.), an equally qualified trainer can take over supervision after prior agreement with the customer.
8.1 In the event of a training cancellation at short notice by the service provider, no claims for compensation can be made. Training units that have already been paid for will be credited.
9.1 From the use of more than 2 personal training units of the respective booked package, the customer has no right to reimbursement of the personal training units not yet used. 9.2 The customer is also entitled to withdraw from the contract if the service provider repeatedly fails to appear at the agreed training date without excuse. In this case, only the training hours completed up to this point are to be paid for. 9.3 If the service provider has to end the cooperation earlier for unforeseeable reasons, the customer will be reimbursed for the open units or will be provided with an equivalent replacement trainer. However, this only happens with the customer’s consent. 9.4 After the end of the contract, the entitlement to unused training dates expires.
10.1 The personal data of the customer are stored by the service provider and used exclusively for the fulfillment of the aforementioned service object. The stored data will be deleted on request, but no later than 24 months after the last booked training session. In addition, the provisions of the GDPR apply.
11.1 The customer undertakes to maintain secrecy about any business and trade secrets of the service provider and its cooperation partner, even after the termination of the framework agreement. The service provider must maintain secrecy about all information of the customer that has become known in connection with the performance of the services, also beyond the termination of the framework agreement.
12.1 Both parties will communicate all information relevant to the fulfillment of the framework agreement and these contractual conditions in good time. This applies to all means of communication used (e.g. telephone or email address). The service provider has the right to work for third parties. A prior consent of the customer is not required for this. Both parties are committed to mutual loyalty and will in no way make negative comments about the person, product or service of the other or affect their reputation or prestige.
13.1 Changes, additions and ancillary agreements must be made in writing in order to be effective, unless otherwise specified in these contractual terms and conditions. The written form requirement also applies to the waiver of this form requirement. If one of the preceding provisions should be ineffective or unenforceable, the validity of the remaining provisions remains unaffected. This also applies in the event of total ineffectiveness or nullity. In the event of even partial ineffectiveness, the parties undertake to find a solution that is as close as possible to what is economically desired and to fix this in writing in a new contract. Vienna is agreed as the place of jurisdiction. Austrian law applies.
Vienna, 11th April 2020