AGB

These general terms and conditions are part of the membership contract between Lifestyle Concepts GmbH (hereinafter "EVO") and you, the member. The membership refers to all German EVO Clubs. Membership of EVO is possible from the age of 18. An assignment of the rights or other disposals of the rights of the member from the contract is excluded. The member may not lend the bracelet or allow third parties to use it.

All offers from EVO can be found on the website www.evofitness.de/membership. The membership contract with EVO comes into effect when the "Pay now" button (application) is pressed and the application is accepted 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 into the club.

The central product of EVO are flexible memberships without a fixed contract and memberships with a fixed contract.

Unless otherwise stated, the contract period begins after registration on the first day of the following month. The training begins on the day you register. When you register, you will be billed a registration fee and the membership fee for the remaining days of the current month.
Membership without a fixed contract period (Nomad membership) can be terminated with a notice period of 1 month.

The membership with a fixed 3-month contract term (Explorer membership) can be terminated with a notice period of 1 month to the end of the 3-month term. If the contract is not terminated, the membership is automatically extended by a further month and can be terminated monthly after the end of the 3-month contract period with a notice period of 1 month.

Membership with a fixed 12-month contract term (performer membership) can be canceled with a notice period of 1 month to the end of the term (up to the 11th month). If the contract is not terminated, the membership is automatically extended by a further month and can be terminated monthly after the 12-month contract period has expired with a notice period of 1 month.

The stated terms and notice periods apply to contracts that were concluded after March 1st, 2022.
The provisions of that time apply to contracts concluded before March 1st, 2022.
Contracts concluded before March 1st, 2022 are extended again by the respective contract period if they are not terminated or if the period of notice is not observed during the contract period.
The notice period for Performer memberships concluded before March 1st, 2022 is 3 months at the end of the term. The notice period for Explorer memberships that were closed before March 1st, 2022 is 1 month at the end of the term.

Members can call up 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 establish a membership, the person must have reached the age of 16. A declaration of consent can be downloaded here.

According to EVO Fitness's terms and conditions, members have the option to pause their "MyEVO account" contract for up to 3 months. The breaks only take place 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 ended prematurely, a pro-rata fee will be due. No membership fees will be collected during the pause period. The paused months are added to the originally agreed contract term. The pause is a non-binding offer. EVO Fitness reserves the right to withdraw this offer without replacement.

In addition, the contract can be terminated by either party for good cause with immediate effect. For the member, there is an important reason, in particular, if the member can be proven to be the result of a serious, permanent illness or injury (on presentation of proof), or a medically determined and certified pregnancy, and provided that this important reason was not known at the time the contract was concluded was unable to use the club's services and facilities on a permanent basis. According to current case law, a move by the member is not an important reason.
An important reason exists for EVO 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 does not pay the membership fee for 3 consecutive months as part of a maximum 6-month contract, the entire remaining membership fee is due immediately until the next possible cancellation date. If the member has not paid for 3 months in a row, the payment method will be changed to semi-annually and all membership fees for the next 6 months from the default of payment or at most up to the end of the contract period will be due immediately. For this purpose, EVO can engage a collection agency and a lawyer 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 get access to the studio. You can obtain the EVO bracelet from your respective Club Manager. Please get the EVO wristband or access chip before your temporary access code expires. If membership is terminated for any reason, lost or damaged, a fee of EUR 20.00 will be charged to replace the wristband.

As a member of EVO you can train in your preferred studio and in all of our studios in Germany. An overview of the studios available to you can be found under "MyEVO" under the menu item "Preferred studio and accesses".

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

EVO membership 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, the membership can be terminated without prior notice, without the registration fee or previously paid membership fees being refunded.

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

Training in street shoes is prohibited. When training, either clean training shoes must be worn or you can 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 can manage your membership online under "MyEVO". This means that you must log in if you wish to change personal details, your preferred studio, payment details, suspend or cancel your membership, etc. Notices by post or email are invalid. If you suspend or cancel your membership, you will receive confirmation of the suspension or cancellation by email.

The contract can be paused for up to 3 months via the “MyEVO account”. Breaks only occur monthly 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 ended prematurely, a prorated fee will be due. No membership fees will be collected during the break period. The paused months are added to the originally agreed contract term. The pause is a non-binding offer. EVO Fitness reserves the right to withdraw this offer without replacement.

You are obliged to keep your membership data up to date at all times. This is done via "MyEVO". EVO is not liable for errors in the membership details you have entered.
All contact regarding your membership will be directed to "Contact Us" under "MyEVO" or by email to info@evofitness.de. As a member you have access to this.

The admission fee to be paid once according to the membership contract and the first monthly training fee, if applicable, are due after receipt of the booking confirmation and must be paid by the member by credit card or SEPA direct debit mandate.

The amount of the subsequent monthly training fees is also specified in the membership contract and is due in advance on the first working day of the calendar month. Members pay by credit card or SEPA direct debit.

As a member of EVO, you agree that the membership fee will be charged to your credit card/debit card or account by direct debit 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 under "Write to us" also on "MyEVO".

For each direct debit that cannot be redeemed 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 (joining fee or training fee), EVO is entitled to deny you access to the club until the outstanding payments have been settled. EVO is entitled to remind unpaid membership fees by e-mail or SMS. If payments are then not made, EVO is entitled to terminate your membership by means of a notification by e-mail or SMS. After a reminder of 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 paid membership fee.

EVO may, in its reasonable discretion, change the membership fee from time to time to reflect the impact of changes in the total costs associated with our service. Examples of cost elements that influence the price of our subscription offers are:

• Rent: 30%
• Energy: 20%
• Material / external services: 10%
• Personnel: 10%
• Service provider: 10%
• Miscellaneous: 20%

(You will find the respective weighting in brackets.) All price changes apply no earlier than 30 days after notification. You may cancel your membership at any time during the allowable notice period to avoid future charges.

You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day the contract was concluded. In order to exercise the right of cancellation, you must inform Lifestyle Concepts GmbH by email at info@evofitness.de by means of a clear declaration of your decision to cancel this contract. You can use the attached sample revocation form for this, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.

If you revoke your consent in good time, you will receive the admission fee and training fee you have already paid back immediately and at the latest within fourteen days from the day on which EVO received notification of the revocation of the contract. The same means of payment that was used in the original transaction will be used for this repayment. Under no circumstances will fees be charged for this repayment. If you have requested that the service should begin during the cancellation period, you must pay a reasonable amount in relation to the proportion of the services already provided up to the point at which EVO was informed of the exercise of the right of cancellation with regard to this contract corresponds 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 in the studio you use. The safety plan is a floor plan of the studio with information on emergency exits, fire extinguishers, call station, first aid kits and how to respond to the various emergencies that may arise in the studio.

The 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 kept and locked in the locker; Valuables should be carried with you.

As a member of EVO, you undertake to comply with the applicable legal and necessary rules of conduct and safety at all times. You can see these in every studio

As a member of EVO, you confirm that you are in the health situation to train at one of the locations mentioned. This confirmation takes place upon completion of the membership.

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

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

For the safety of members, EVO provides emergency buttons that can be pressed to call for help in medical emergencies. 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 EVO's interests into account, and the main contractual obligations essentially remain in place.

EVO provides regular information about opening times and the range of services offered by the clubs, in particular on the website www.evofitness.de. The opening times can be extended or shortened - if necessary and reasonable - e.g. in the case of public holidays, due to revisions, renovation or cleaning work or closures of premises. EVO will announce changes in the opening hours or closures of premises with a reasonable notice.

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 consent to the collection, storage and processing of your personal data by EVO. Your data will be stored in our member system after the contract has been concluded. We use these exclusively for the establishment, implementation and processing of your membership. This use takes place to manage the customer relationship, to enable our digital training diary ("MyEVO") and to optimize our training package and opening times. In this context, we collect and process your personal data and save the times when you registered your personal access chip in our studios.

You will receive offers from us 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 then for a further 3 months. Deviating from this, however, statistical data about your studio visits is stored for a period of 1 year and then anonymized. Contract data is kept in accordance with the legal retention period for accounting and tax records.

As a member, you have the right to transparency about your personal data and to correcting and supplementing the data. Since 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 customer relationship management). Fitness Group Nordic AS and its managing director are responsible for storing personal data.

We will not transfer your personal data to others without your consent. Something else only applies for collection and accounting purposes and towards Credlock Systems AS and Nokas, who are responsible for the video surveillance of our fitness studios. You can find more information about the handling of personal data at EVO 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 care package you choose is tied to your membership. If the membership is terminated, the entitlement to the care package ends at the same time.