Manuel Kisilak Terms and Conditions
effective as of August 2021
- The website (the “Site”) is open to you and trainers. The purpose of the Site is to provide an efficient and satisfying interaction between you and your trainer, especially for training sessions, scheduling, and other communication.
- Any business relationship between the personal trainer (the "trainer") and the client (“your” or "client") is governed exclusively by these Terms and Conditions.
- Scope of Services
- You matter, especially your mental and physical health. Each client is different and has different needs. To meet your needs, the specific scope of the business relationship is aligned and agreed individually with you (the “Services”). In general, the trainer is individually counseling and supporting clients within the framework of the agreed training and health plan.
- The individual training plan will be aligned between you and the trainer in written (email sufficient) or verbal form and may change from time to time based on your individual needs.
- Prior commencement of the first training session, a personal consolation takes place (face-to-face or via electronical means) to agree on your training plan. As key element you must inform your trainer about any health and physical limitations in order to avoid any unwanted impact on your health.
- Each training session will only take place by prior appointment.
- IMPORTANT: The training plan and tips do not include dietary remedies to improve health or medical or therapeutic advice.
- Your mental and physical health
Mental and physical health are associated. Therefore, we treat them with equal respect. You must inform your trainer about your health status (including mental health!) and fitness for sports without being asked before the start of a training session. Should you experience sudden health or condition problems during a training session, please immediately (i) stop with the training and (ii) inform your trainer about it. As stated in clause 3.4 no medical or therapeutical advice is provided by the trainer.
- The trainer’s fee is calculated based on the agreed scope of Services and the current price list. Billing is agreed with you individually (e.g., it may be monthly or the total amount upfront).
- The invoice is to be paid without deduction or set-off.
- The following payment methods are available at the moment: (i) bank transfer, (ii) credit card or (iii) PayPal.
- The trainer is only liable for any direct and foreseeable damage in the case of intent, gross negligence or in cases of physical damages of persons negligently caused by the trainer. Any damage caused by the client's overestimation of his or her own abilities are excluded. If the client does not adhere to the trainer's instructions and suffers damage as a result, the trainer's liability is excluded.
- The trainer is in no case liable for indirect damages, consequential damages, especially but not limiting to lost profit.
- To the maximum extent permitted by law, trainer’s liability for any claim, loss, expense, or damage arising under these Terms and Conditions shall in no event exceed the total price paid for six (6) months’ use of Services in respect of the six (6) month period immediately preceding the date on which the event giving rise to the claim took place.
As your trainer, we maintain confidentiality about all information of you that has become known in connection with the fulfillment of the training measures. This also applies after termination of the contractual relationship between the trainer and you. If requested you may allow us the use of your fitness development (including pictures and videos) to be shared via social media and on the Site.
- Service Period
As a general rule, only fixed-term contracts are concluded between you and the trainer. You have the right to withdraw from the contract within the first 14 days from the conclusion date except you explicitly request the begin of the training prior this 14 days period. Termination is excluded unless there is a permanent medical indication that makes continuation of the contract impossible. Only medical certificates are accepted as proof.
- These Terms and Conditions exclusively govern the relationship between you and the trainer and supersede any prior statements or agreements. Any of your terms and conditions are excluded from being applicable on out business relationship.
- If any provision or part-provision of these Terms and Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Terms and Conditions.
- Changes to and amendments of these Terms and Conditions, including this clause, may be made by the trainer at any time and become effective at the earlier of (i) the client accepts the amended terms or (ii) within 1 (one) month after having published such changes or amendments.
- No failure or delay by either party in exercising any right under these Terms and Conditions will constitute a waiver of that right. Any waiver, to be effective, must be in writing and signed on behalf of the party who is waiving the breach or provision.
- The trainer and you agree on communication in English language. Any other language used shall be only used for purposes of convenience. Respectively every communication or notice shall be made in English language. The English language version of these Terms and Conditions is the prevailing version.
- Except for any payments due hereunder, neither party shall be responsible or liable for any failure to perform its obligations due to causes beyond its reasonable control, including but not limited to acts of God, war, riots, terrorist acts, embargoes, acts of civil or military authorities, fires, floods, earthquakes, accidents, strikes or other form of industrial actions, failure of any communications services or utility service for the duration of any such circumstances or cause.
- These Terms and Conditions and any Services hereunder shall be governed by and construed in accordance with the laws of the Republic of Austria to the exclusion of the provisions of the United Nations Convention on the International Sale of Goods and without giving effect to any statutory conflict of law provisions or rules that would cause the application of the law of any jurisdiction other than Austria.
- Any and all disputes or divergences or claims shall be exclusively dealt with the commercial court (Handelsgericht), 1010 Vienna.