1.1 Alfredo Scarlata or his representative (hereinafter referred to as service provider) creates a training or health concept tailored to his needs and ideas for the customer within the scope of the agreed services, which corresponds to the generally recognized knowledge of sports science, medicine and nutritional science.
1.2. Customers in the sense of 1.1 are private individuals and companies.
1.3 Support and guidance of the customer in the implementation of the personal training units or coaching units as part of the agreed services is carried out by the service provider (s).
1.4 The service provider can adapt the training concept at any time during the term of the training contract, insofar as the customer requests this or to take account of new, secure sports science knowledge or as far as this is necessary in order to correspond to a changed sport suitability of the customer.
1.5 If no other agreement has been made, the agreed service can only be used personally by the customer.
1.6 The agreed service is a time-based obligation.
- Object of the contract
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 via measurement of body composition, vibration massage, consulting.
2.3 The planning and implementation of personnel training and / or special services between the customer and the service provider are agreed upon by the customer orally or in writing.
2.4 The customer immediately informs the service provider of any restrictions on his fitness for sports that exist before the training contract is concluded.
2.5 The customer answers all questions regarding the current / previous state of health and training-relevant living conditions truthfully and completely.
2.6 Special services will be recorded and commissioned individually and in writing after consultation with the customer.
2.7 The duration of a personal training or consulting session is 50 or 30 minutes. Shorter or longer units must be expressly agreed. The duration of the body analysis is approximately 15 minutes. The duration of a vibration massage is approximately 10 minutes.
2.8 The type, scope and location of each personal training unit, diagnostics or consulting unit are discussed with the customer. Possible contents and goals are agreed in advance in a telephone consultation with the customer.
2.9 Online personal trainings take place via Skype, Zoom or Facetime. The duration of the online coaching units is 30 or 50 minutes.
- Other benefits
3.1 The service provider is generally 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 entitle the service provider to be permanently available.
4.1 The service provider is only liable to the customer in the event of intent and gross negligence; liability for third party negligence is excluded. This applies to all damage suffered by the customer as part of personnel 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 upon entering into the contract.
4.3 The service provider has professional liability insurance to meet any legal liability claims of the customer.
4.4 The customer is responsible for taking out insurance against accidents and injuries that may occur as part of the agreed service. The same applies to the direct route from and to the place where the service is provided.
- Terms of payment
5.1 The service provider receives a fee for the services provided in accordance with 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 and are available on the website at www.mypersonaltrainer.at. The service provider reserves the right to change the pricing and undertakes to notify the customer of any changes immediately, in writing or in person, at least four weeks before the entry into force.
5.4 12 months after the end of the contract, the entitlement to unused training dates expires.
- Other costs
6.1 If additional costs arise due to the customer’s desired service content (entrance fees, space rental, parking costs, etc.), these must be borne by the customer.
6.2 The customer bears the costs for a doctor, physiotherapist, nutritionist or similar who are consulted for holistic care 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 client.
6.5 The travel flat rate for home workouts or training in the office within Vienna is EUR 30. If you arrive outside of Vienna, EUR 0.50 per kilometer driven will be charged.
- Prevention, failure and cancellation conditions
7.1 If prevented, the customer undertakes to cancel as soon as possible, but at the latest 24 hours before the start of the training. In the event of cancellation up to 4 hours before the appointment, 50% of the price will be charged, afterwards and in the event that the customer does not appear, 100% of the price will be charged. The same applies to postponements.
7.2 In the event of illness (proof required) or other absence notified to the service provider in good time, the unused appointments will of course be rescheduled.
7.3 If the implementation of a personal training course is too dangerous or impossible due to unforeseeable circumstances (weather conditions etc.), the personal training session may take place indoor or online or be postponed after consultation. The decision on implementation is generally made by mutual agreement with the customer.
7.4 In exceptional cases (illness, vacation time, etc.), an equivalent qualified trainer can take over the care after prior consultation with the customer.
- Claims for compensation
8.1 In the event of a short-term training cancellation by the service provider, no claims for compensation can be made. Training sessions already paid will be credited.
- Termination before the contract expires
9.2 If more than 2 personal training units of the respective package booked are used, the customer is not entitled to reimbursement of the unused personal training units.
9.3 The customer is also entitled to withdraw if the service provider does not appear several times without excuse on the agreed training date. In this case, only the training hours completed up to this point will be reimbursed.
9.4 If the service provider has to terminate the cooperation earlier for unforeseeable reasons, the customer will be reimbursed for the open units or will be given an equivalent replacement trainer. However, this only happens with the consent of the customer.
9.5 After the end of the contract, the entitlement to unused training dates expires.
- Data protection
10.1 The customer’s personal data is stored by the service provider and used exclusively for the fulfillment of the aforementioned service item. The saved data is deleted on request, but no later than 24 months after the last booked training session. For the rest, the provisions of the GDPR apply.
11.1 The customer undertakes not to disclose any business and trade secrets from the service provider and his cooperation partner, including beyond the termination of the framework agreement. The service provider must not disclose any information of the customer that has become known in connection with the performance of the services, including beyond the termination of the framework agreement.
- Other agreements
12.1 Both parties shall 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 also work for third customers. A prior consent of the customer is not required for this. Both parties are committed to mutual loyalty and will in no way comment negatively on the person or products or services of the other or impair their reputation and prestige.
- Final determinations
13.1 Changes, additions and ancillary agreements, unless otherwise stated in these contractual conditions, must be in writing to be effective. The written form requirement also applies to the waiver of this formal requirement. Should one of the preceding provisions be ineffective or unenforceable, the effectiveness of the remaining provisions remains unaffected. This also applies in the event of total ineffectiveness or nullity. The parties undertake, in the event of partial ineffectiveness, to find a solution that best meets the economic intentions and to fix this in writing in a new contract. Vienna is agreed as the place of jurisdiction. Austrian law applies.
Vienna, April 11, 2020