TERMS OF SERVICE / TERMS AND CONDITIONS
CONCLUSION OF CONTRACT
These General Terms and Conditions are part of the membership contract between Lifestyle Concepts GmbH (hereinafter referred to as "EVO") and you, the member. The membership refers to all German EVO Clubs. Membership in EVO is possible from the age of 18. An assignment of the rights or other dispositions over 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 EVO offers are available on the website WWW.EVOFITNESS.DE. The membership contract with EVO is 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 validly. The member can save or print the booking confirmation directly afterwards. For information purposes, within 24 hours the member will receive an automatically generated e-mail with the booking confirmation together with a summary of the booking data as well as an SMS with the access code for entering the club.
Central products of EVO are memberships without a fixed contract and memberships with a fixed contract.
Unless otherwise stated, membership begins on the day of your registration. With the registration you will be charged a registration/joining (starter package) fee and the membership fee for the remaining days of the current month.
The "Nomad" or Full Flex Membership without a fixed contract period can be cancelled with a notice period of 1 month to the end of the following month.
The Explorer membership with a fixed 3-months contract term can be cancelled with a notice period of 1 month to the end of the 3-months term at the end of the month. The membership is automatically extended by 3 further months if not cancelled in time.
The Performer membership with a fixed 12-months contract term can be terminated with a notice period of 3 months to the end of the 12-months term at the end of the month. The membership is automatically extended by 12 further months if not cancelled in time.
In addition, the contract may be terminated with immediate effect by either party for good cause. For the member, an important reason exists, in particular, if the member can prove thatThe club may not use the services and facilities of the club on a permanent basis due to a serious permanent illness or injury (with proof of pregnancy), or a medically determined and certified pregnancy, and provided that this important reason was not known at the time the contract was concluded. According to current case law, a relocation of a member is not an important reason.
For EVO, an important reason exists in particular if the member
a) Damage to the club's facilities due to intent or gross negligence,
(b) endangers or harasses the safety of other members,
(c) infringes general health and safety rules,
e) is in default with the payment of at least 2 monthly contributions despite a reminder and the setting of a reasonable grace period.
With the offer of trial day(s) there is the possibility to use the EVO Clubs for trial training during the specified period (trial period). At the end of the trial period an EVO membership will automatically be started, unless you cancel your trial membership during the trial period at me.evofitness.de in "My EVO".
ACCESS AND USE OF CLUBS
You must always have your personal EVO wristband access chip with you in the studio. This is the only way to gain access to the studio. You can receive the EVO wristband during one of our introductory hours. Please get the EVO bracelet before your temporary access code expires. If your membership is terminated for any reason, lost or damaged, you will be charged 20.00 Euro to replace the bracelet. This also applies in the event that the bracelet is not returned after termination of the membership relationship.
As a member of EVO 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 "My EVO" in the menu item "Preferred studio and access".
The EVO membership is personal and other persons 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. For damages caused by the member, damages are to be paid according to the legal regulations.
Training in street shoes is prohibited. During the training either clean training shoes are to be worn or it can be trained also barefoot or in socks.
As a member of EVO you manage your membership yourself online under "My EVO". This means that you have to log in if you want to change personal information, your preferred studio, or payment details, suspend or cancel your membership, etc. Notifications by mail or e-mail are invalid. Upon suspension or termination of your membership, you will receive a confirmation of suspension or termination by email. Suspension of your membership is only possible with the monthly cancelable membership.
The one-time admission fee to be paid according to the membership contract and the first monthly training fee, if applicable, are due upon receipt of the booking confirmation and must be paid by the member via credit card direct debit or SEPA direct debit mandate.
The following monthly training fees are also fixed in the membership contract and are due on the first working day of the calendar month in advance. Payment by the member is made by credit card or SEPA direct debit.
As an EVO member, you agree that your credit card/debit card or account will be debited with the membership fee 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 "My EVO". If the problems persist, please contact our support under "Write us" also on "My EVO".
For any direct debit not redeemable for reasons for which you are responsible, you are obliged to bear the bank chargeback fees incurred or: to pay a lump-sum compensation of 10.00 euros.
If you fall into 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 SMS. If payments are not made as a result, EVO is entitled to terminate your membership by notifying you by e-mail or SMS. After a reminder of outstanding amounts, EVO is entitled to hand over the outstanding amount for collection. Under "My EVO" under the menu items "Payment" and "Check previous payments" you will find a confirmation of receipt for each paid membership fee.
Right of Withdrawal/Consideration Policy
You have the right to revoke this contract within fourteen days without giving reasons. The revocation period shall be fourteen days from the date of conclusion of the contract. In order 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 declaration. You can use the attached sample revocation form, which is not mandatory. In order to comply with the revocation period, it is sufficient for you to send the notification of exercising the right of revocation before the expiry of the revocation period.
Consequences of the revocation:
In the event of timely revocation by you, you will receive your already paid admission fee and training fee back immediately and at the latest within fourteen days from the day on which EVO received the notification of revocation of the contract. The same means of payment used in the original transaction will be used for this refund. Under no circumstances shall charges be levied in respect of such repayment. If you have requested that the service commence during the withdrawal period, you shall pay a reasonable amount corresponding to the proportion of services already provided up to the time EVO was notified of the exercise of the right of withdrawal in respect of this contract in relation to the total amount of services provided for in the contract.
Model withdrawal form
If you want to cancel the contract, you can use this form and send it to : INFO@EVOFITNESS.DE
Herewith I revoke the contract concluded by me concerning the
End of the revocation instruction
SAFETY AND RULES OF CONDUCT
As an EVO member, you should familiarise yourself with the security plan in your studio. The security plan is a floor plan of the studio with information about emergency exits, fire extinguishers, call stations, first aid kits and how to behave in the various emergencies that may occur in the studio.
There are only some staff present in the EVO studios. Video cameras are therefore used to prevent vandalism and other potential mishaps. In the event of accidents and similar occurrences, video surveillance can be helpful for you. As a member you agree to this procedure. A privacy notice can be found at the club entrance.
Training at EVO is at your own risk. You are also responsible for any personal items you bring into the studio. Personal belongings should be kept in the locker during the training; valuables should be carried with you.
As an EVO member, you agree to abide by the lawful and necessary rules of conduct and security at all times. These can be viewed in any studio.
LIABILITY AND LIMITATION OF LIABILITY
In the event of injury to life, limb or health, EVO shall be liable for intent and gross and simple negligence. EVO shall only be liable for other damages in the event of gross negligence or intent and in the event of negligent breach of material contractual obligations by its legal representatives or vicarious agents.
EVO shall make lockers available. These are not supervised. They are intended for daily use and must be vacated on the same day. The member himself is responsible for the sufficiently secure locking of lockers used. EVO is not liable for objects stolen from the cupboards, unless EVO is responsible for this.
CHANGES TO CLUB OFFERS AND OPENING HOURS
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 unchanged.
EVO will keep you informed about the opening hours and the services of the clubs, especially on the website WWW.EVOFITNESS.DE. The opening hours may be extended or shortened, if necessary and reasonable, e.g. in the case of public holidays, due to revisions, renovation or cleaning work or the blocking of premises. EVO will announce changes in opening hours or closures of premises subject to a reasonable period of notice.
EVO places value on a clean and healthy training environment and does not tolerate doping among its members. The doping list for training centres can be viewed 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 member system after conclusion of the contract. We use these exclusively for the establishment, implementation and processing of your membership. This use is made in order to administer the customer relationship, to enable our digital training diary ("My EVO") and to optimise our training package and opening hours. In this context, we collect and process your personal data and store the times in which you have registered your personal access chip in our studios.
You will receive offers from us for similar goods or services at your e-mail address. You can object to this use at any time by updating your details on "My EVO" via the following link: HTTPS://ME.EVOFITNESS.DE/LOGIN ("Personal Information" > "Do Not Send Information").
We store your personal information for the duration of your EVO membership and for a further 3 months thereafter. However, in deviation from this, statistical data about your studio visits will be stored for a period of 1 year and then anonymized. Contract data will be retained in accordance with the statutory retention period for accounting and tax records.
As a member you have the right to transparency of your personal data as well as to correction and supplementation of the data. Since the communication of personal data is voluntary, you can revoke your consent at any time, unless the legal circumstances permit or require the storage of such data (as for the administration of the customer relationship). The Fitness Group Nordic AS and its managing director are responsible for the storage of personal data. Please direct any contact to firstname.lastname@example.org.