General Terms and Conditions of Pole Acrobatics, part of MB Fitness GmbH

Pole Fitness is the sporting development of pole dance, which originally developed from pole acrobatics in the circus. As an ideal complement to pole fitness, MB Fitness GmbH also offers boot camps, flying pole, aerial hoop and much more. We are a partner of SWICA.
In the following, only the female form is used. However, persons of both male and female genders are always meant equally.

1. Scope of services
The courses (levels), workshops, seminars, training courses and private lessons offered are advertised by MB Fitness GmbH and conducted by persons trained by Pole Acrobatics. MB Fitness GmbH is authorised to have events carried out by third parties with appropriate qualifications. This will be labelled. Unless otherwise stated, the events take place on the premises of MB Fitness GmbH. Private use of the premises is possible on request.

The opening hours of the Pole Acrobatics studios are advertised on the premises and/or can be viewed on the Internet portal at www.poleacrobatics.ch.

2. Registration
Registration must be made in writing using the online registration form at www.poleacrobatics.ch or in person at the studio. This registration form must be completed, signed and legally valid and brought to the start of the course/event at the latest. Registration is binding even without written confirmation. Information about the booked course/event will be sent in writing by post or e-mail approximately one week before the start of the course. In the case of courses (levels), it is also possible to register during an ongoing course, provided there are places available.

3. Changes
In order to optimise supervision, the number of participants per course is limited. The date of receipt is decisive for the allocation of places. Courses will only be organised if there is a sufficient number of participants. MB Fitness GmbH reserves the right to postpone or cancel courses and events if the number of participants is too low. In the event of cancellation, alternative dates will be offered or any fees already paid will be refunded. Different course times on the same day and / or performance of the course or event by a third party do not entitle the customer to a reduction in payment or cancellation.

4. Tariffs
The rates apply at the time of registration or renewal. The rates are posted on the premises of MB Fitness GmbH and on the internet portal at www.poleacrobatics.ch. For private lessons, the rates apply as per individual agreement. The rates are inclusive of VAT.


5. Payment modalities
As a rule, participants will be sent an invoice before the start of the course, together with information about the booked course/event. The invoice must be paid within 10 days of receipt at the latest. If payment is not received on time, MB Fitness GmbH is entitled to charge reminder fees: 1st reminder after 5 days CHF 5.-, 2nd and last reminder after 10 days CHF 20.-.

If payment is not received on time, MB Fitness GmbH also has the right to exclude the participant from the course or to make the course place available to another participant.

6.  Cancellation
Cancellation by the participant must be made in writing and is possible free of charge up to the 21st day (date of receipt is decisive) before the start of the course/subscription, workshop, seminar or other event. In the event of later cancellation or non-attendance, the full fee will be charged. Cancellation of private lessons/post-collections will be accepted up to 48 hours before the scheduled date, otherwise the full agreed rate will also be charged.

The participant has the right to provide a substitute participant for the booked event (course, workshop, seminar or other event), who will be accepted free of charge, provided she is prepared to take the place at the agreed conditions.

 
7. Extension
In the case of a course/subscription, the contract period is tacitly extended by a further course unless cancellation is received by the 21st day before the end of the course/subscription at the latest (date of receipt is decisive). Cancellation must be made in writing. The participant will not incur any fees if the cancellation deadline is met.

In the event of late cancellation or no-show, MB Fitness GmbH is entitled to charge a processing fee. The processing fee is CHF 50 in the event of cancellation (date of receipt is decisive) up to 10 days before the start of the course; in the event of cancellation at a later date or no-show, the entire course fee is due. The participant has the right to provide a substitute participant, who will be accepted free of charge, provided that she is prepared to take over the course place under the agreed conditions.


8. Absences
Any non-attendance/non-utilisation of courses/lessons booked via subscriptions/studio access or any other event offered by MB Fitness GmbH shall not entitle the participant to a refund or to claim a reduction in the rate payable.

In the case of courses/subscriptions, absences due to illness or accident (medical certificate required) can be made up free of charge within the course period/subscription period by prior arrangement. This also applies to absences for other important reasons. There is no entitlement to attend a particular course.

9. Lesson content
The choreographies and training materials taught are protected by copyright and are intended exclusively for the personal use of the participant. Course content, content of seminars or other events, in particular choreographies and training materials, may not be used (in particular not reproduced, translated, edited, distributed, sold, etc.) without the written authorisation of MB Fitness GmbH.


10. Cancellation
Courses/subscriptions must be cancelled in writing no later than 21 days before the end of the course/subscription (date of receipt is decisive), otherwise they will be tacitly extended for a further course/subscription period.

Extraordinary cancellation of a course/subscription is permitted in cases of hardship with a notice period of 21 working days to any date in the future. Cases of hardship are Pregnancy (medical certificate required), illness/accident lasting longer than two months (medical certificate required) or definitive change of domicile (> 30 km from the venue, confirmation of registration from the new municipality of residence required). The cancellation of the contract must be submitted to MB Fitness GmbH in writing, together with the necessary confirmations. The fee will be refunded pro rata temporis for the remaining term of the contract, whereby an administration fee of CHF 50 will be deducted.

Participants in MB Fitness GmbH courses (levels) and events must follow the instructions of the MB Fitness GmbH team and show consideration for the premises, equipment and other participants. In the event of gross violations or repeated violations of instructions and the duty of careful use and consideration despite warnings, MB Fitness GmbH may terminate the contract without notice; the participant shall not be entitled to a refund.

11. Liability
The participant is aware that Pole Acrobatics is a strenuous physical activity. She confirms that she has no pre-existing health risks or that the safety of Pole Acrobatics training has been discussed with her doctor. The participant undertakes to inform the MB Fitness GmbH team or the third party commissioned to carry out the training immediately and to stop the training if there are any health concerns or any health problems should arise for any reason.

The use of the premises and equipment as well as participation in the courses (levels) and other events of MB Fitness GmbH is at the participant's own risk and peril. MB Fitness GmbH expressly disclaims any liability for damages in the event of accidents, injuries and/or illnesses of the participant, or is expressly limited to intent and gross negligence.

Liability for the loss of valuables on the premises of MB Fitness GmbH is expressly excluded. The participant is responsible for taking out insurance.
Participants are liable for any damage they cause to the premises and equipment and must reimburse MB Fitness GmbH in full for the corresponding repair and / or replacement costs.

 
12. Data protection
The participant agrees that the data collected may also be passed on to third parties and used for the processing and utilisation of business transactions. The data will be treated confidentially.


13. Applicable law
The contractual relationship is governed exclusively by Swiss law.

Additional AGB for: Studio access 24/7 to the Pole Acrobatics Studio

1. The valid membership allows the training participant to use the available training facility (Pole Acrobatics Studio) and training equipment during regular opening hours (365 days/24h). MB Fitness GmbH is under no circumstances obliged to conclude a membership contract with an applicant. MB Fitness GmbH is also entitled to refuse membership or renewal of the subscription to individual persons or groups of persons without giving reasons, even without misconduct on the part of the applicant or member.

2. The facility may only be used for training purposes. No other activities are permitted and offences will be sanctioned. The use of illegal substances is prohibited and training under their influence is not permitted. It is not permitted to provide paid services on the Pole Acrobatics premises.

3. Passing on Pole Acrobatics Studio access and/or keys to unauthorised third parties entitles MB Fitness GmbH to terminate the contract immediately and without notice without reimbursement of paid membership fees. Non-members are not permitted on the premises of the Pole Acrobatics Studio without express prior written consent.

Membership is personal and non-transferable and is automatically renewed. The Pole Acrobatics Studio access code is non-transferable. A lost key must be reported immediately. The replacement costs CHF 250.- including processing fee.

Only members are permitted on the premises of the Pole Acrobatics Studio. Members who pass on their access to third parties (non-members) for use or grant access to a non-member will be blocked for a period of up to one year. The subscription expires immediately without refund. Children in care are exempt from this rule.

4. The use of the training facilities and training equipment is at the member's own risk and peril. MB Fitness GmbH expressly disclaims any liability for damages in the event of accidents, injuries and/or illnesses of the member. The member must only use the equipment if he/she knows how to use it correctly. Pole Acrobatics is not liable for any damage resulting from the use of the premises and equipment provided.

Liability for the loss of the member's valuables on the premises of the Pole Acrobatics studio and at events organised by MB Fitness GmbH is expressly excluded.

5. By signing the contract, the member also declares that he/she is familiar with the handling of the equipment and can train independently and without supervision. Otherwise, the member is obliged to book a paid instruction session before commencing the first training session. These additional GTC are part of the course GTC of MB Fitness GmbH. These contractual provisions were handed out to the applicant before the contract was concluded. They can also be viewed online.

6. The training participant is obliged to comply with the house rules, which are also displayed in the Pole Acrobatics Studio. A copy of the house rules has been given to the training participant upon conclusion of the contract; any changes and/or additions to these will be posted in the studio and are deemed to be an integral part of the participation contract from the date of posting. In the event of breaches of the house rules and/or non-compliance with instructions issued, MB Fitness GmbH shall be entitled, after prior warning, to cancel membership with immediate effect and to block access to the gym or declare it invalid; the member shall not be entitled to a refund. In the event of serious disruption of training operations by the member, it is not necessary to set a reminder period. In particular, but not conclusively, the following behaviour is considered a serious violation of the house rules: wearing metal jewellery during training with equipment, using street shoes in the training area. In the event of such an offence, unless it is an offence in the sense of serious disruption of training operations that justifies immediate exclusion, the member will be given a one-off verbal warning with witnesses or in writing. In the event of a repeat offence, MB Fitness GmbH may terminate the contract immediately with immediate effect.

7. The training participant is liable for any damage to the training facilities and equipment caused by him/her and must pay MB Fitness GmbH the corresponding repair and/or replacement costs in full.

8. Any non-utilisation of the services offered by MB Fitness GmbH by the member shall not entitle the member to reclaim or claim a reduction in the membership fee paid. This applies in particular, but not conclusively, to training absences due to injury or illness. Non-performance of the contractual activities and non-use or only partial use of the facilities does not entitle the member to reclaim or reduce the membership fee or to terminate the contract and has no effect on the term or duration of the contract.

9. In the event of any interruption in the operation of the Pole Acrobatics studio for which MB Fitness GmbH is responsible and which lasts longer than two calendar weeks, the duration of the membership / 24/7 subscription shall be extended by the duration of the interruption in operation. Business interruptions due to force majeure, strikes, war or warlike events, epidemics, epidemics, official requirements and prohibitions or the like and due to the fault of third parties are excluded from the extension of the subscription period in any case.