General Terms and Conditions of BASI® Pilates Germany/Austria/Switzerland/Scandinavia, proprietor Natascha Eyber

1. Scope
These General Terms and Conditions (GTC) apply to all agreements regarding the training courses for Pilates trainers and the further training courses entered into by BASI® Pilates Germany/Austria/Switzerland/ Scandinavia, proprietor Natascha Eyber, Kaiser-Ludwig-Str. 21, D-82256 Fürstenfeldbruck (hereinafter “Provider”), based in particular on the website, with the customers and trainees (hereinafter “Participants”).

2. Personal scope
The Provider assumes that all Participants conclude the agreements on the basis of an existing or planned self-employed professional activity, meaning that no Participant is a consumer. Should the agreement be concluded with a consumer in individual cases, these GTC shall apply nevertheless.

3. Services by the Provider
The Provider’s services comply at least with BASI® Pilates International guidelines and standards. The training meets the requirements typical of the country in each case. It is the Participant’s responsibility to find out about these guidelines and standards in detail.
The Provider is entitled to change the services provided compared to the services presented on the website or corresponding to the guidelines and standards of BASI® Pilates International at any time, provided that this does not result in any legal or actual disadvantage for the Participant or if the change is due to a judicial, official decision or a change in the legal situation.
In all other respects, changes to services are permissible insofar as they are reasonable for the Participant.

4. Conclusion of contract
Contracts and agreements with the Provider for training as a Pilates trainer are concluded exclusively by the Participant’s signing of the corresponding agreements for training as a Pilates trainer (offer) and the Provider’s countersigning (acceptance).
Text form is sufficient in this case.
Contracts and agreements for further training courses for Pilates trainers are concluded via the Participant’s registration on the Provider’s website (offer) and the online confirmation of the registration (acceptance).
In these cases, no contract needs to be signed.

5. General provisions for the conduct of training courses and examinations
The Participant is responsible for meeting the personal and physical requirements for participation in the courses and examinations.
The Provider shall provide to the Participant the agreed course modules for a period of one year from the agreed start of the course. If not all course modules have been completed during this period, the final examination may not/no longer take place.
Course module days/sessions not taken may be repeated once without a surcharge, and otherwise only within the bounds of available capacities (the amount of any surcharge corresponds to the ratio of days/hours to be repeated to the total time of the booked measure).
For a period of one year from the agreed start of the course, the Provider shall provide the Participant with the opportunity to complete the practical sessions and work shadowing required for registration for the final examination after consultation with the respective studio.
The Provider shall provide the Participant with the necessary training material (course documents).
There is no entitlement to an extension of the one-year period from the agreed start of the course, unless the Participant can provide evidence of an important reason for this and requests the extension in text form before the deadline.
The final exam may only be taken subject to the Participant’s timely registration.
The Participant must observe the regulations of the respective studio in which the courses and practical lessons are completed, in particular also with regard to the scheduling of their sessions.

6. Right of withdrawal, termination
The Provider is entitled to withdraw from the agreement if the agreed course is cancelled in particular due to insufficient registration numbers.
Corresponding details are governed by the respective agreement.
If possible, however, the Provider will offer the Participant the option to attend a different course, possibly also at a different course location.
No right of withdrawal shall accrue to the Participant.
Should the Participant nevertheless declare that they do not want to abide by the agreement prior to the start of the course, they shall owe a cancellation fee of €50 for termination of the agreement up to 30 days before the start of the course, a cancellation fee of 50% of the training fee for termination of the agreement up to 15 days before the start of the course and a cancellation fee of 75% of the training fee for termination of the agreement up to eight days before the start of the course.
In each case the Participant reserves the right to prove that the Provider has suffered lower losses.
Ordinary termination of the respective agreement shall not be permitted.
However, both parties are entitled to termination without notice for good cause.
The Provider may invoke good cause in particular if the Participant violates provisions of the agreement or the terms of use of the respective studio despite a corresponding request/warning in text form.
Any declaration of withdrawal or termination shall be in text form.
If the Participant drops out of the training, does not register (in time) for the final examination or quits without good reason, the full training fee shall remain forfeited.
The same applies in the event of effective termination without notice for good cause by the Provider.
In the event of an effective termination for good cause, the Participant will be reimbursed the training fee on a pro rata basis based on the ratio of the course module days already completed to the total days minus a fixed fee of €100 for administrative expenses and a further fixed fee of €200 for the books/course documents provided to the Participant.

7. Copyrights, intellectual property, confidentiality and secrecy obligation
The Participant is aware that all rights relating to BASI trainer education and training, including materials, are protected. They undertake to refrain from any infringement of protected rights, including assisting third parties and disclosing confidential information.
The Participant undertakes to report any (impending) violation of the protected rights to the Provider.

8. Liability
The Provider’s liability, with the exception of death, personal injury or harm to health, is limited to wilful misconduct and gross negligence, unless the damage results from the breach of a cardinal duty.
The Provider assumes no liability for damages resulting from a health condition of the Participant that has not been expressly disclosed to the Provider. To this end, the Participant confirms that they have arranged for a medical check of their health prior to the conclusion of the agreement, which confirms their fitness for the agreed training.
The Participant is expressly advised that participation in the courses, as well as the further sessions, always entails a risk of accident and injury and the Provider is unable to accept liability to this extent. It is therefore the Participant’s responsibility to take out insurance against such accidents and injuries. The Participant completes the training and the courses at their own risk.

9. Applicable law
The law of the Federal Republic of Germany shall apply.

10. Place of jurisdiction
The place of jurisdiction is the registered office of the Provider (Fürstenfeldbruck).

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