General Terms & Conditions

1. Contracting party, minors

1.1 The contracting party is Kniger Gym GmbH, managing partners Johannes Behrndt and Klaus Knese, Gritznerstr. 68, 12163 Berlin (hereinafter "the Studio").

1.2 "Member" refers to the person (in particular: consumer) who has entered into a separate contract with the Studio, regardless of gender.

1.3 These General Terms and Conditions (GTC) apply to all contracts between the Studio and the Member regarding membership. Deviating terms of the Member do not become part of the contract, even if the Studio does not expressly object.

1.4 Use of the regular training floor of the Studio is permitted from the age of 14. Children aged 8 and older may attend dedicated Kids classes. Independent training is excluded for children under 14.

Minors under the age of 18 may participate only with the consent of their legal guardians. In this case, the legal guardians are the contracting party. Upon completion of the 18th year of life, the contract automatically transfers to the now-adult member.

2. Studio use, studio rules

2.1 The Member may use the Studio to the extent and in the services agreed in the membership contract. The Studio can only be used after prior booking. No tariff guarantees availability of a training slot. Each training, personal training session or class must be reserved in advance via the online booking portal within the time window stated in the description. Access to the booking portal requires free registration and account creation.

If the Member is unable to attend a booked slot, the slot must be released through the booking portal at least within the period stated in the training/class description. If the Member fails to cancel in time or does not show up without notice, the slot expires. The slot must still be paid in full and is non-refundable. Slots attended late are counted in full.

2.2 Additional products and services (e.g. 1:1 personal training) may incur further fees set by the Studio. The Member must follow the instructions of Studio staff.

During personal training, the content and goals are agreed with the Member. The contract covers the provision of the agreed training and coaching service (service contract per § 611 BGB), not the actual achievement of any specific goal of the Member. No promises of cure or success are made.

2.3 The Studio is entitled to reschedule or cancel booked training slots if, for reasons beyond its control (e.g. force majeure, water damage), the training floor is unavailable or a personal training session cannot be carried out. No further claims arise from this.

Already-paid personal training sessions are credited and will be made up promptly (within a maximum of one month after the cause of cancellation ceases), unless this would unreasonably disadvantage the Member; in that case the time frame is extended or the fee for the cancelled session is refunded.

2.4 The Studio uses software and an associated app for services beyond equipment use and personal training (e.g. app use, training planning, anamnesis). If the required data-processing consent is not given or is withdrawn by the Member, these services can no longer be used. This does not result in a reduction of the fee, since the equipment as the essential parts of the Studio remains usable.

2.5 The Studio may temporarily close parts of the facility due to maintenance, repairs or legal requirements and may close completely for renovation or inspection for up to 30 days per year. In these cases the Member is not entitled to a refund of fees.

2.6 The consumption of self-brought drinks inside the Studio is permitted, provided unbreakable containers are used. Drinks may only be consumed outside the training floor. Bringing in and consuming alcoholic beverages or substances intended to enhance physical performance (e.g. anabolic steroids) is prohibited throughout the fitness facility. Smoking and the consumption of other addictive substances inside the Studio is also prohibited.

2.7 Sportswear must be worn during training. Training bare-chested or barefoot is not permitted.

2.8 When training on equipment, a towel must be used to cover the contact surface. After training on equipment, the machine must be disinfected. Dumbbells, plates and other movable training equipment must be returned to the designated storage area after use.

2.9 Accompanying persons may only be brought in with prior explicit permission. Bringing children or animals is not permitted.

2.10 Usage and participation rights acquired through membership are non-transferable. Unless agreed otherwise, personal training may only be used by the Member in person.

2.11 Customer parking spaces provided by the Studio may only be used by the Member while present in the Studio. If parking spaces are occupied without the Member being present in the Studio, the Studio is entitled to have the car towed at the cost of the Member. There is no claim to provision of a parking space.

3. Kids classes (from age 8)

3.1 Age limit and contract. Children may participate in specially designated Kids classes from the completed 8th year of life. Participation requires the consent of the legal guardians, who are the contracting party in this case.

3.2 Supervision and parental availability. During the class, the Studio or the responsible trainer assumes supervisory duty over the child. Before and after the class, supervision rests entirely with the legal guardians. Children may not be present outside class times. Parents must be reachable by phone during the class.

3.3 Access restriction / no free training. Children may only be in the Studio within the booked Kids classes. Free training and independent use of the training floor, equipment, changing rooms or other areas is prohibited.

3.4 Health requirements. The legal guardians confirm before the class begins that the child is healthy and fit to exercise and has no health restrictions preventing participation. Changes in the child's health must be reported to the Studio without delay.

3.5 Class delivery and safety. Kids classes are exclusively delivered by qualified staff (e.g. certified trainers or pedagogically trained specialists). The Studio may exclude a child from participation in whole or in part in cases of misconduct, lack of cooperation, health concerns or safety risks.

3.6 Liability. The general liability provisions of these GTC apply accordingly to children. The legal guardians undertake to inform the child of the general Studio and class rules before the class and to ensure the child follows the trainer's instructions.

3.7 Pickup / delays. Children must be picked up immediately after the class ends. In the event of significant delay, the Studio may take reasonable measures to safeguard the child's welfare. Any resulting costs may be charged to the legal guardians.

3.8 Photos and video. Photo or video recordings of the child during the class are only made with prior explicit consent of the legal guardians.

4. Contract conclusion, fees, payment

4.1 The Member and the Studio enter into a separate membership contract. The contract is concluded via an online booking portal or on site. Upon booking, a contract for the tariff selected by the Member comes into effect. By submitting the order via the "kostenpflichtig bestellen" / "order with obligation to pay" button, the Member legally binding declares acceptance of the offer.

With the booking, the Member confirms that the data provided is complete and truthful. The Member undertakes to notify changes to their personal data without delay.

4.2 If the booking takes place off-premises, especially online (e.g. via a booking tool), the Member has the right to withdraw from the contract within fourteen days without giving reasons. Corresponding instructions on withdrawal are provided at booking and below these GTC. This does not apply if the Member has expressly waived the right of withdrawal at contract conclusion.

4.3 The Studio may verify the user's identity, in particular on the first visit, by requiring presentation of an official photo ID.

4.4 Cashless payment applies in the Studio for all products and services. Additional services used (e.g. personal training, drinks) are charged via the payment method stored on the customer profile or paid by card on site. Amounts are based on the price list applicable at the time of booking.

4.5 Payment is processed via the payment provider selected by the Member. Upon completion of the booking, the agreed remuneration becomes due for payment immediately. For single bookings and value cards, the full amount is debited in one transaction.

Membership billing is monthly at the start of each new contract month. If the membership starts mid-month, billing is prorated by days used and debited immediately. Costs of chargebacks not caused by the Studio (at least € 15.00) are borne by the Member.

4.6 If the Member is in arrears with payment of at least two monthly fees or an equivalent amount, the Studio is entitled to deny access to the Studio until all due obligations are settled. If the Member is culpably in arrears with at least two monthly fees, all fees due until the end of the current term become immediately payable.

4.7 The fee cannot be reclaimed. This applies in particular if the Member does not use the Studio's services, unless the Member is unable to exercise for a longer period for reasons beyond their control (e.g. serious accident, prolonged illness). For such periods the payment obligation is suspended and the contract term is extended accordingly. A special right of termination for illness exists only with a medically certified inability to exercise or a health risk caused by the equipment training.

4.8 For other absences (e.g. extended business trip, spa stay), an individual freeze agreement may be made with the Studio; there is no entitlement. During such a freeze, the payment obligation continues. Access to Studio services is extended by the agreed freeze period.

5. Term, termination, force majeure

5.1 If the contract is concluded for a fixed term (single bookings and value cards), ordinary termination is mutually excluded during that period. The contract ends at the end of the agreed term without notice.

5.2 Memberships have an initial term. A 12-month membership may first be terminated with 4 weeks' notice to the end of the initial term. A one-month membership has a notice period of one week to the end of the initial term.

If not terminated, the membership extends after the initial term for an indefinite period. The contract can then be terminated at any time with one month's notice. The statutory right of extraordinary termination for good cause remains unaffected.

5.3 Each value card is valid for 3 years from the end of the year in which payment was made, unless the Member explicitly selects a tariff with a shorter validity. After expiry, the claim lapses without compensation.

5.4 Termination may be submitted via the booking portal account or in text form. Oral termination or termination via messenger services is expressly excluded.

6. Member obligations, health

6.1 If the Member is currently in medical or psychotherapeutic treatment, they must inform the Studio before using its services and discuss cooperation with a trainer and a doctor to rule out contraindications.

In case of physical complaints, health impairments, pre-existing conditions, current illnesses or allergies, the Member must obtain personal advice from a doctor as to whether their physical and health condition permits the training.

6.2 The Member undertakes to answer all questions about their current and previous health status and training-relevant circumstances truthfully and completely and to inform the Studio in particular about the intake of medication and existing illnesses. The information, answers and the anamnesis result are stored in the Studio's app and become part of the contract.

6.3 The Member must promptly inform the trainer truthfully — in person or by email — of any changes to their health and of any physical complaints of any kind arising after the start of the contract. Continuation of service delivery is then decided by mutual agreement.

6.4 For anamnesis and booking of training times, the Member undertakes to install an app on their device and create an account.

6.5 Changes to contract-relevant data (name, address, etc.) must be notified to the Studio without delay. Costs incurred by the Studio due to the Member's failure to promptly notify changes are borne by the Member.

6.6 It is recommended not to train when suffering from a cold or general malaise.

7. Limitation of liability

7.1 The Studio will keep equipment and premises in working, safe condition to ensure a smooth and satisfactory training experience.

7.2 The Studio is liable only for damages (1) caused intentionally or through gross negligence by the Studio, its legal representatives or vicarious agents; (2) damages resulting from injury to life, body or health based on a breach of duty by the Studio or a legal representative or vicarious agent; and (3) damages caused by the breach of an obligation whose fulfilment is essential to the proper performance of the contract and on whose compliance the Member regularly relies and may rely (so-called cardinal duties).

7.3 In cases (1) and (2) above, the Studio's liability is unlimited in amount. Otherwise, liability is limited to the foreseeable damage typical for the contract.

7.4 This limitation of liability expressly also applies to lost or damaged valuables, damage to clothing and to amounts of money.

7.5 Depositing money or valuables in a locker provided by the Studio does not establish any obligation of the Studio regarding the items deposited. Lockers may only be used during the Member's presence in the Studio. The Studio may open and empty occupied lockers if used outside the Member's presence. Any costs are borne by the Member.

7.6 The Member undertakes to treat equipment and premises with care. Damage not caused by ordinary wear and tear, but by improper use, is repaired at the cost of the person who culpably caused it. The Studio's liability is excluded for injuries and damages due to improper use of training equipment and fixtures.

8. Data protection and video surveillance

8.1 The Studio processes the Member's personal data in accordance with applicable data-protection law. Data is only collected and processed for the performance of the membership contract or with the Member's consent (Art. 6 (1) (a) and (b) GDPR). Data is stored digitally in cloud-based member software and further training software and apps.

8.2 Details are set out in the privacy notice on the processing of member data, which is available before contract conclusion and at the Studio. The privacy notice is not part of a contractual agreement between Studio and Member and may be subject to change. The privacy notice should therefore be reviewed periodically.

8.3 Video surveillance: For the prevention and prosecution of crime, the prevention of access by unauthorised persons, the protection of present staff, the exercise of house rules, and the traceability of accidents and their causation, video cameras are installed in all public areas — except changing rooms and sanitary facilities — that continuously record during unstaffed times. Processing is solely for the aforementioned purposes.

8.4 The Member is informed about the video surveillance in the privacy notice on the processing of data during membership and has given consent at contract conclusion.

9. Final provisions

9.1 Should one or more provisions of the contract or these GTC be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision is replaced by the statutory provision.

9.2 Side agreements to the membership contract or these GTC require text form and mutual consent.

9.3 In the case of complaints, the Member may at any time contact the Studio or the European platform for online dispute resolution in consumer matters: https://ec.europa.eu/consumers/odr/.

9.4 The Studio is, however, not obliged to participate in dispute resolution proceedings and does not participate in such proceedings.