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General Terms & Conditions (GTC)

Lanz Nutrition GmbH

As of January 1, 2024

 

 

Part 1: General Provisions

 

Scope

These general terms and conditions apply to the use of all offers from Lanz Nutrition GmbH. All services are provided personally at the headquarters by Ueli Lanz, managing director of Lanz Nutrition GmbH, or by other employees of Lanz Nutrition GmbH, in person at another and previously mutually agreed location, online via remote consultation, by telephone and/or provided by email. Changes and additions to these conditions must be made in writing to be effective.

 

Data protection

Personal information is used exclusively in connection with the organization and marketing of Lanz Nutrition GmbH. We do not pass on the information to third parties without your express consent.

Confidentiality

The service providers are subject to absolute confidentiality. The obligation of confidentiality also applies after the consultation and/or service has ended.

 

Prices

All prices listed at Lanz Nutrition GmbH include VAT. Prices are subject to change.
 

Rights of use

The client undertakes that reports, analyzes and consulting concepts prepared by the service provider as part of the services provided will only be used for their own purposes. The client therefore receives the irrevocable, unrestricted, exclusive and non-transferable right to use the results. Disclosure to third parties is not permitted without the express consent of the service provider.

 

Arbitration clause

In the event of disagreements, the contracting parties undertake to carry out an arbitration procedure with the aim of developing a fair agreement through mediation with the support of a neutral arbitrator, taking into account the economic, legal, personal and social circumstances.

 

Severability clause

Should individual provisions of these general terms and conditions prove to be invalid, ineffective or unfulfillable, this should not affect the validity, effectiveness and feasibility of the remaining parts of these terms and conditions. In this case, the parties undertake to replace the invalid, ineffective or unfulfillable part of the conditions with a valid, effective and fulfillable provision that comes closest to the original intent of the provisions.

 

Place of jurisdiction and applicable law
The place of jurisdiction is the ordinary courts in Aarau. The contract is subject to Swiss law.

Part 2: Special provisions for group training and personal training

Liability training

The services provided as part of the group training and personal training offers serve to promote health and general performance improvement and should not be understood as therapy. Lanz Nutrition GmbH unrestrictedly excludes any liability for losses or damages of any kind - be it direct, indirect or consequential damage that occurred during training. This also includes injuries that can be sustained during and as a result of training and damage to the property of third parties. Neither Lanz Nutrition GmbH nor the trainers can be held liable for physical damage of any kind that occurred during or as a result of the training, unless this results from gross negligence or intent on the part of the trainer. Participation in the training is at your own risk and responsibility. Insurance is the responsibility of the participant.

 

Medical history/health status
Completing the registration form/medical history form is mandatory for every participant and must be completed truthfully. The customer is obliged to inform the trainer about his fitness for sport without being asked before the start of the training session. If sudden health or well-being problems occur during training, the customer is obliged to inform the trainer immediately. Changes in your health status (including pregnancy) must be reported immediately in writing.

 

Reservation & Payment for group training
The schedule for group trainings is maintained via the Eversports online portal and can only be attended by registering in advance. The entire participant fee must be transferred to the specified Lanz Nutrition GmbH bank account before the start of the training or, if agreed, paid in cash at the start of the training. The subscriptions expire after their validity date. Changes to the timetable or teaching staff can occur at any time. There is no right to a refund.

 

Minimum number of participants for group training

The group training will only be carried out if at least 3 people per group have registered. The participant will be informed of the cancellation at least 8 hours before the start of the training. In the event of cancellation, the costs for the group training will be returned in full.

 

Reject a participant
The participants are physically healthy and fit and take responsibility for their training. If necessary, participants consult a doctor independently and have their suitability for training confirmed. If we have concerns about a participant's health, we reserve the right to reject a participant.

 

In the event of illness or accident of the participant
In principle, no training sessions from current or expired subscriptions will be reimbursed. If a subscription can no longer be used due to illness or accident (please show a doctor's certificate), the training sessions can be used at a later date or transferred to another person. If the participant is no longer able to complete the group fitness course due to accident or illness, they have the right to transfer the subscription to another person. There is no refund of the price.

 

In the event of illness or absence of the trainer
In the event of illness or other unforeseen absence of the trainer, the training will be canceled. Claims due to course cancellation are excluded.

 

Cancellation

Lessons not attended cannot be made up and will not be refunded. In the event of absence (illness, workload, other reasons) or if the subscription is canceled, there is no entitlement to a reduction or refund. Cancellations for group lessons will only be accepted if the relevant information is received by telephone, email or SMS at least 8 hours before the start of the course.

 

Image rights
By registering, the participant agrees that Lanz Nutrition GmbH may take pictures and video recordings during the training and use them freely for marketing purposes in connection with the training. If this has happened against a person's will, he/she can order Lanz Nutrition GmbH to remove his/her person from the picture. Further and personal claims cannot be asserted.

Part 3: Special provisions nutritional advice

 

Liability nutritional advice

The services provided as part of nutritional coaching or nutritional therapy do not constitute medical advice and do not replace medical diagnosis, medical treatment or therapy. Liability for the success of the consultation as well as for possible negative consequences (including direct or indirect consequential damage) as a result of the consulting activity is excluded in any case. Liability for any kind of damage, including consequential damage, resulting from the use of the information is excluded.

 

Warranty

The subject of a mandate is the provision of an agreed service, e.g. coaching and not the achievement of a specific physical success. The commissioned services are deemed to have been provided when the necessary analyzes and consultations have been carried out and any questions that may arise have been addressed. The services are provided to the best of our knowledge and belief and in compliance with general industry knowledge. Despite the greatest care, no guarantee can be given for the accuracy and completeness of the services provided. The success of nutritional coaching or any other service provided essentially depends on the cooperation of the person being coached and cannot be guaranteed.

 

Medical history/health status
Completing the registration/health form, including additional information about your state of health, is a mandatory requirement for consultation and must be completed truthfully. Changes in your health status (including pregnancy) must be reported immediately in writing.

 

Execution
The client reserves a binding appointment with an agreed time. If the client is unable to keep an appointment or wants to postpone it, the service provider must be informed by telephone, SMS or email no later than 24 hours before the start of the agreed appointment. In the event of later cancellations or postponements, 50% of the fee will be due. Cancellations and postponements of appointments due to acute illness are excluded. If an appointment is not made without prior notice, a cancellation fee of 100% of the booked services will be due due to the circumstances and the fact that the booked appointment is no longer possible. If the client only partially or not at all uses one or more agreed and prepaid services, the amount already transferred will not be refunded. This also applies to service packages with multiple appointments.

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