AGB

These General Terms and Conditions are an integral part of the membership contract between Lifestyle Concepts GmbH (hereinafter referred to as “EVO”) and you, the member. Membership applies to all German EVO Clubs. Membership of EVO is possible from the age of 18. Assignment of rights or other dispositions of the member's rights under the contract is excluded. The member may not lend the bracelet or allow third parties to use it.

All EVO offers are available on the website www.evofitness.de/mitgliedschaft. The membership contract with EVO is validly concluded by pressing the “Pay now” button (application) and the acceptance of the application by EVO in the form of the transmission of an online booking confirmation to the member. The member can save or print out the booking confirmation immediately afterwards. For information purposes, the member will receive an automatically generated e-mail within 24 hours with the booking confirmation including a summary of the booking data and an SMS with the access code for entry to the club.

EVO's core products are flexible memberships without a fixed contract and memberships with a fixed contract.

Unless otherwise stated, the contract period begins on the first day of the following month after registration. Training starts on the day you register. When you register, you will be charged a registration fee and the membership fee for the remaining days of the current month.

Membership without a fixed contract term (Nomad membership) can be terminated at any time with a notice period of 1 month.

Membership with a fixed 3-month contract term (Explorer membership) can be terminated with 1 month's notice to the end of the 3-month term. If the contract is not terminated, the membership automatically converts into a contractual relationship with an indefinite contract term and can then be terminated at any time with a notice period of 1 month.

Membership with a fixed 12-month contract term (Performer membership) can be terminated with 1 month's notice to the end of the term (up to the 11th month). If the contract is not terminated, the membership automatically converts into a contractual relationship with an indefinite contract term and can then be terminated at any time with 1 month's notice.

The stated terms and notice periods apply to contracts concluded from 01.03.22 onwards. The provisions of that time apply to contracts concluded before March 1st, 2022.

For contracts concluded before 01.03.22, the provisions in force at that time apply.

Contracts concluded before 01.03.22 will be extended by the respective contract term if they are not terminated or if the notice period is not observed during the contract term.

The notice period for Performer memberships concluded before 01.03.2022 is 3 months to the end of the term. The notice period for Explorer memberships concluded before 01.03.2022 is 1 month to the end of the term.

Members can access and view their contract conditions via their “MyEVO” account and the “My membership” tab. Members under the age of 18 require the consent of their legal representatives to conclude the contract. To become a member, the person must have reached the age of 16. A declaration of consent can be downloaded here

In accordance with the EVO Fitness GTC, members have the option of pausing their contract for up to 3 months via the “MyEVO account”. Pauses are only granted on a monthly basis and cannot be granted retroactively. The application must be submitted via the MyEVO account before the 1st of the month to be paused. If the pause is terminated prematurely, a pro rata fee will be charged. No membership fees will be collected during the pause period. The paused months will be added to the originally agreed contract term. The pause is a non-binding offer. EVO Fitness reserves the right to withdraw this offer without substitution.

In addition, the contract may be terminated by either party for good cause with immediate effect. For the member, good cause shall be deemed to exist in particular if the member is demonstrably unable to use the services and facilities of the club on a permanent basis as a result of a serious long-term illness or injury (upon presentation of proof), or medically determined and certified pregnancy, and provided that this good cause was not yet known when the contract was concluded. According to current case law, relocation of the member does not constitute good cause.

For EVO, good cause exists in particular if the member

a) intentionally or through gross negligence damaged club facilities,
b) endangers the safety of other members or bothers them,
c) violates general health and safety regulations,
e) is in arrears with the payment of at least 2 monthly fees despite a reminder and setting a reasonable grace period and after a reminder from EVO and weighing up mutual interests, it is no longer reasonable for EVO to adhere to the mutual contract with the member.

If the member fails to pay the membership fee for 3 consecutive months within the framework of a maximum 6-month contract, the entire remaining membership fee is due immediately until the next possible termination date. If the member has not paid for 3 consecutive months, the payment method will be changed to semi-annual and all membership fees for the next 6 months from the date of default or up to the end of the contract term will be due immediately. EVO may engage a debt collection agency and a lawyer for this purpose at the member's expense.

You must always have your personal access chip (via EVO wristband) with you in the studio. This is the only way to gain access to the studio. You can obtain the EVO wristband from your respective Club Manager. Please obtain the EVO wristband or access chip before your temporary access code expires. Upon termination of membership for any reason, loss or damage, a wristband replacement fee will be charged.

As an EVO member, you can train in your preferred studio and in all our studios in Germany. An overview of the studios available to you can be found under “MyEVO” under the menu item “Preferred studio and access”.

The Germany-wide right of use does not apply to newly opened EVO clubs during the first three months after initial opening. During the first three months after initial opening, only a pre-sale membership with a corresponding access authorization agreement entitles the holder to use the newly opened club

Membership of EVO is personal and other people are not allowed to use your access chip. If two people with the same chip enter or leave the studio, a video camera installed at the entrance will be activated and the security service will be notified. In this case, membership may be terminated without prior notice and without refunding the registration fee or any membership fees paid to date.

The member undertakes to use the facilities and equipment of the EVO Clubs with care. Compensation for damage caused by the member must be paid in accordance with the statutory provisions.

Training in street shoes is prohibited. Either clean training shoes are to be worn during training or members may train barefoot or in socks.

The consumption of alcohol, smoking and the unsolicited filming and photographing of other trainees in the EVO Clubs is strictly prohibited.

As a member of EVO, you manage your membership online under “MyEVO”. This means that you have to log in if you want to change personal details, your preferred studio or payment details. The contract can be terminated at any time without logging in using the cancel button. When suspending or canceling your membership, you will receive confirmation of the suspension or cancellation by e-mail.

The contract can be paused for up to 3 months via the “MyEVO account”. Pauses are only granted on a monthly basis and cannot be granted retroactively. The application must be submitted via the MyEVO account before the 1st of the month to be paused. If the pause is terminated prematurely, a pro rata fee will be charged. No membership fees will be collected during the pause period. The paused months will be added to the originally agreed contract term. The pause is a non-binding offer. EVO Fitness reserves the right to withdraw this offer without substitution.

Any contact regarding your membership should be directed to “Contact us” under “MyEVO” or by email to info@evofitness.de. As a member you have access to this.

The one-off admission fee to be paid in accordance with the membership contract and the first pro rata monthly training fee, if applicable, are due upon receipt of the booking confirmation and must be paid by the member by credit card direct debit or SEPA direct debit mandate.

The subsequent monthly training fees are also specified in the membership contract and are due in advance on the first working day of each calendar month. Payment by the member is made by credit card or SEPA direct debit.

As a member of EVO, you agree that your credit/debit card or direct debit account will be debited with the membership fee on the first of each month. You are responsible for ensuring that your payment details are up to date at all times. For example, you must ensure that your credit card or bank details are valid at all times. You can change your payment details under “MyEVO”. If the problems persist, please contact our support team under “Write to us” also on “MyEVO”.

For each direct debit that cannot be honored for reasons for which you are responsible, you are obliged to bear the bank chargeback fees incurred.

If you are in arrears with a payment (admission fee or training fee), EVO is entitled to deny you access to the club until the overdue payments have been settled. EVO is entitled to send reminders for unpaid membership fees by e-mail or text message. If payments are not made as a result, EVO is entitled to terminate your membership by e-mail or text message. Following a reminder for outstanding amounts, EVO is entitled to hand over the outstanding amount for collection. Under “MyEVO” under the menu item “Payment” you will find a confirmation of receipt for each membership fee paid.

EVO is entitled to increase and decrease the membership fee and other services to reflect the impact of changes in the overall costs associated with our service. The member is entitled to make a claim for adjustment of the membership fee. Examples of cost elements that affect the price of our subscription offers are:

Rent (33%)
Energy (11%)
Material/external services (12%)
Personnel (24%)
Service providers/freelancers (10%)
Other (10%)

(You will find the respective weighting in brackets.)

All price changes apply at the earliest 30 days after notification. You can terminate your membership at any time during the permitted notice period to avoid future charges.

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract. To exercise the right of withdrawal, you must inform Lifestyle Concepts GmbH by e-mail at info@evofitness.de of your decision to withdraw from this contract by means of a clear statement. You can use the attached sample withdrawal form, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

Cancellation instructions are provided separately to the information provided here.

In the event of timely revocation by you, you will receive your admission fee and training fee already paid back immediately and at the latest within fourteen days from the day on which EVO receives notification of the revocation of the contract. The same means of payment that was used for the original transaction will be used for this refund. Under no circumstances will fees be charged for this repayment. If you have requested that the service should commence during the withdrawal period, you shall pay a reasonable amount corresponding to the proportion of the services already provided by the time EVO was informed of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.

If you want to revoke the contract, you can use this form and send it to: info@evofitness.de
I hereby revoke the contract I have concluded for the
Provision of the following service…………………………………………………………………………..
Ordered on/received on ……………………………………………………………………………………………
Name of the member……………………………………………………………………
Member’s address …………………………………………………………………………………………..
………………………………………………………………………………………..…
Date (dd.mm.yyyy) ………………………..

End of revocation

If you effectively revoke the contractual relationship within the cancellation period, but have already used contractual services, EVO will charge a reasonable compensation for the value of the services used.

As a member of EVO, you should familiarize yourself with the safety plan for the studio you are using. The safety plan is a floor plan of the studio with information about emergency exits, fire extinguishers, call station, first aid kits and how you should behave in the various emergencies that may occur in the studio.

EVO studios are only partially staffed. Training at EVO is at your own risk. You are also responsible for any personal items you bring into the studio. During training, personal items should be stored and locked in the locker; you should carry valuables with you.

As a member of EVO, you undertake to comply with the applicable lawful and necessary rules of conduct and safety at all times. These can be viewed in every studio.
As a member of EVO, you confirm that you are in a healthy condition to train at one of the above locations. This confirmation is made by taking out a membership.

EVO shall be liable in the event of injury to life, body or health for intent and gross and simple negligence. EVO shall only be liable for other damages in the event of gross negligence, intent and gross negligence and in the event of negligent breach of material contractual obligations by its legal representatives or vicarious agents.

EVO provides lockers. These are not supervised. They are intended for daily use and must be vacated on the same day. The member is responsible for ensuring that the lockers used are sufficiently secure. EVO is not liable for items stolen from the lockers unless EVO is responsible for this.

For the safety of members, EVO provides emergency buttons that can be used to call for help in the event of a medical emergency. These are only to be used for medical emergencies.

EVO is entitled to change individual services, provided that the changes are reasonable for the member, taking into account the interests of EVO, and the main contractual obligations remain essentially the same.

EVO shall provide ongoing information about opening hours and the range of services offered by the Clubs, in particular on the website www.evofitness.de. The opening hours may be extended or shortened where necessary and reasonable, e.g. in the case of public holidays, due to revisions, renovation or cleaning work or closures of premises. EVO shall give reasonable notice of any changes to opening hours or closures of premises.

EVO values ​​a clean and healthy training environment and does not tolerate doping among its members. You can view the doping list for training centers at any time at www.nada.de.

As a member of EVO, you agree to the collection, storage and processing of your personal data by EVO. Your data will be stored in our membership system after conclusion of the contract. We use this data exclusively to establish, implement and process your membership. This use takes place in order to manage the customer relationship, to enable our digital training diary (“MyEVO”) and to optimize our training package and opening hours. In this context, we collect and process your personal data and store the times when you have registered your personal access chip in our studios.

We will send you offers for similar goods or services to the e-mail address you have provided. You can object to this use at any time by updating your details on “MyEVO” via the following link: https://me.evofitness.de/login (“My membership” > “My consent”).

We store your personal data for the duration of your membership with EVO and thereafter for a further 3 months. However, statistical data about your studio visits will be stored for a period of 1 year and then anonymized. Contract data is stored in accordance with the statutory retention period for accounting and tax documents.

As a member, you have the right to transparency of your personal data as well as to correction and completion of the data. As the provision of personal data is voluntary, you can withdraw your consent at any time, unless the legal circumstances permit or require the storage of such data (such as for the management of the customer relationship). Fitness Group Nordic AS and its managing director are responsible for the storage of personal data.

We will not transfer your personal data to others without your consent. The only exception is for debt collection and accounting purposes, as well as with Credlock Systems AS and Nokas, which are responsible for video surveillance of our gyms. You can find more information about EVO's handling of personal data here:

PRIVACY POLICY.

a. The care package is optional and is charged at a price of EUR 39.90 per quarter.
b. Payment is made quarterly and is debited every third month in addition to the regular monthly fee for the selected membership.

The optional care package includes the following service:

Members can book the care package in combination with a Performer or Nomad tariff. The care package cannot be booked without an existing EVO membership.

a. The dates for the training sessions are determined in consultation with the member and the trainers.
b. The training session is not transferable and cannot be postponed to subsequent quarters.

The selected support package is linked to the membership. If the membership is terminated, the entitlement to the support package ends at the same time. Any outstanding benefits will be settled appropriately in this case.