General Terms and Conditions

 

 

1. Scope

 

These General Terms and Conditions apply to all memberships, subscriptions, day passes, trial sessions, online purchases, and to the use of the facilities, equipment, premises and services of Warehouse Gym Fitness GmbH.

 

By taking out a membership, purchasing a subscription or day pass, or using the facilities, the member accepts these General Terms and Conditions, the house rules, the operating regulations and any additional usage regulations.

 

Any deviating agreements are only valid if they have been confirmed by Warehouse Gym Fitness GmbH in writing or in text form.

 

 

2. Conclusion of Contract and Membership

 

The contract is concluded by signing on site, by completing an online registration, by purchasing a subscription, by booking a service or by using the services.

 

Memberships and subscriptions are personal and non-transferable.

 

The member undertakes to provide complete and accurate information. Changes to name, address, telephone number, email address or payment details must be reported to Warehouse Gym Fitness GmbH without delay.

 

Warehouse Gym Fitness GmbH is entitled to reject membership applications without stating reasons.

 

Warehouse Gym Fitness GmbH reserves the right to limit the number of memberships or to temporarily not offer certain types of membership for reasons of quality, capacity or safety.

 

 

3. Requirements for Use

 

Use of the gym requires a valid membership, a valid day pass or the express consent of Warehouse Gym Fitness GmbH.

 

The member confirms that they are generally physically able to perform fitness training.

 

In the event of health complaints, illnesses, injuries, pregnancy, medication use or uncertainty regarding training ability, medical advice must be obtained before starting training.

 

Training is carried out at the member’s own responsibility. The member is obliged to respect their own physical limits and only perform exercises if they are able to do so safely.

 

Warehouse Gym Fitness GmbH may, if necessary, require an introduction, instruction or a health self-declaration.

 

 

4. Access and 24/7 Use

 

Access to Warehouse Gym is granted, depending on the membership and system, via QR code, app, access medium or other digital access solutions.

 

Access is personal. Passing on personal access to third parties is prohibited.

 

Bringing in, letting in or enabling access for unauthorised persons is expressly prohibited.

 

The member is obliged to register correctly when entering and leaving the gym and to ensure that no unauthorised persons enter with them.

 

In the event of access misuse, Warehouse Gym Fitness GmbH may immediately block access, terminate the membership extraordinarily, claim damages and charge an administrative fee of CHF 150.– per incident.

 

The gym may be used outside staffed hours. During these times, training is carried out independently and without direct staff supervision.

 

For visual access control, a photograph of members may be taken or stored in the member profile. It is used exclusively to verify access rights and to prevent misuse. Further information on the processing and deletion of this data can be found in the privacy policy.

 

 

5. Opening Hours, Staffed Hours and Restrictions

 

Opening hours, staffed hours and access options depend on the respective membership and the current operating regulations.

 

Warehouse Gym Fitness GmbH may adjust opening hours, staffed hours and access options for operational reasons, in particular on public holidays and in the event of maintenance, repairs, cleaning, technical faults, renovations, official orders or force majeure.

 

Short-term, temporary or reasonable restrictions of operations do not automatically entitle the member to a refund, reduction or extension of the membership.

 

Warehouse Gym Fitness GmbH endeavours to keep restrictions to a minimum and to inform members appropriately.

 

 

6. Prices and Terms of Payment

 

The prices communicated at the time the contract is concluded apply. Prices are in Swiss francs including any statutory charges, unless stated otherwise.

 

Memberships, subscriptions, day passes and other services are to be paid in advance according to the chosen payment method or according to individual agreement.

 

In the event of late payment, access may be blocked until payment has been made in full.

 

Reminder fees, collection costs and other costs arising from late payment may be charged to the member.

 

A block due to late payment does not extend the contract term and does not release the member from the obligation to pay.

 

 

7. Term, Termination and Renewal

 

The term depends on the chosen subscription or the contractual agreement.

 

Fixed-term memberships generally end automatically at the end of the agreed term.

 

Automatic renewal only takes place if this was expressly agreed in the contract or during the online purchase. In this case, the term, notice period and renewal conditions are clearly stated.

 

Terminations must be made in text form, for example by email or in writing. The date of receipt of the termination by Warehouse Gym Fitness GmbH is decisive.

 

Fixed-term memberships that have already been paid for cannot be terminated ordinarily before the end of the term, unless otherwise agreed.

 

 

8. Refunds and Early Termination of Contract

 

Paid memberships and subscriptions are generally not refunded.

 

A pro rata refund may be considered in the following cases:

 

In the event of a permanent move, provided the new place of residence is more than 50 km from Warehouse Gym.

 

In the event of serious illness, accident or health impairment that makes use of the gym impossible in the long term or permanently.

 

In other justified exceptional cases at the discretion of Warehouse Gym Fitness GmbH.

 

Appropriate proof is required for the assessment, for example a certificate of residence from the new place of residence or a medical certificate.

 

A claim to a refund only exists after assessment and written confirmation by Warehouse Gym Fitness GmbH.

 

Any refund is made pro rata temporis from the date on which the conditions are met and fully proven.

 

An administration fee of CHF 100.– is deducted from the refund.

 

There is no entitlement to a refund in the event of mere non-use, lack of time, holidays, lack of motivation, work-related stress, a move within 50 km, changes in personal circumstances without a relevant effect on use, or exclusion due to misconduct.

 

 

9. Pausing / Suspension of Membership

 

Pausing the membership is possible under certain conditions. During an approved pause, the membership is interrupted and the paused period is added to the existing term.

 

A pause is possible in the event of:

 

medically certified inability to train due to illness or accident

 

pregnancy or maternity, generally up to a maximum of 14 weeks; a medical certificate is required for longer inability to train

 

military or civilian service of more than 21 days

 

absence for work, school or training reasons of more than 28 days

 

holidays or stays abroad of more than 28 days

 

The pause must be reported to Warehouse Gym Fitness GmbH before the absence begins or immediately after the reason arises, and must be supported by suitable documents.

 

Suitable proof includes in particular medical certificates, marching orders, travel confirmations, flight tickets, training confirmations, employment confirmations or other comprehensible documents.

 

Retroactive pauses are generally not granted. Exceptions are only possible in the event of illness, accident, pregnancy or maternity, provided the reason is proven.

 

Other reasons do not generally entitle the member to a pause, unless otherwise agreed in writing with Warehouse Gym Fitness GmbH.

 

A pause does not lead to a payout or refund of fees paid.

 

In the event of misuse or false information, Warehouse Gym Fitness GmbH reserves the right to refuse or reverse the pause, block access or terminate the membership extraordinarily.

 

 

10. Trial Sessions, Day Passes and Promotions

 

Trial sessions and day passes entitle the holder to use the facilities to the agreed extent. They are personal and non-transferable.

 

Guided trial sessions with instruction are only possible after registration and during the times provided for this purpose.

 

Independent trial sessions are possible during staffed opening hours, unless otherwise communicated.

 

Promotions, discounts and special offers are only valid during the stated period and cannot be claimed retroactively.

 

Promotions, discounts and special offers cannot be combined, unless otherwise communicated.

 

Warehouse Gym Fitness GmbH may adjust, extend or end promotions at any time, provided this does not subsequently worsen contracts already concluded.

 

 

11. House Rules and Behaviour in the Gym

 

The member undertakes to behave respectfully, considerately and hygienically.

 

In particular:

 

Equipment must be used properly.

 

Weights, dumbbells and accessories must be put back after use.

 

Equipment must be cleaned after use.

 

Training areas, changing rooms, showers and toilets must be left clean.

 

Other members must not be harassed, endangered or obstructed.

 

Staff instructions must be followed.

 

Training with a bare upper body is not permitted, unless expressly communicated otherwise.

 

Filming or photographing other persons without their consent is prohibited.

 

Wilful damage, theft, threats, insults or aggressive behaviour will not be tolerated.

 

Blocking equipment for an unreasonable length of time must be avoided.

 

Bags, personal belongings and water bottles must be placed so that there is no risk of tripping or injury.

 

In the event of violations of the house rules, Warehouse Gym Fitness GmbH may issue warnings, block access or terminate the membership extraordinarily.

 

Fees already paid are not refunded in the event of extraordinary termination due to misconduct.

 

 

12. Use of Equipment and Training Areas

 

The equipment, training areas and facilities may only be used as intended and properly.

 

The member is obliged to familiarise themselves with the correct operation of the equipment before use. In case of uncertainty, the member must contact the staff or refrain from using it.

 

Defects, damage or safety-relevant irregularities must be reported to Warehouse Gym Fitness GmbH immediately.

 

Tampering with equipment, cable pulls, safety devices, access systems, music systems, ventilation, lighting or other technical installations is prohibited.

 

The use of equipment or areas may be restricted or prohibited for safety reasons.

 

 

13. Hygiene, Cleanliness and Changing Rooms

 

The member undertakes to wear appropriate training clothing and clean shoes.

 

For hygiene reasons, a towel is recommended when using equipment and mats or, where required by the house rules, mandatory.

 

Changing rooms, showers and toilets must be left clean.

 

Personal belongings must be stored safely.

 

Warehouse Gym Fitness GmbH accepts no liability for lost, stolen or damaged items, to the extent permitted by law.

 

Items found may be kept by Warehouse Gym Fitness GmbH for a reasonable period and then disposed of or donated.

 

 

14. Video Surveillance and Access Control

 

For security reasons, to prevent misuse, to uphold the house rules and to protect members, staff and property, certain areas may be under video surveillance.

 

Video surveillance only takes place in permitted areas. Changing rooms, showers and toilets are not under video surveillance.

 

Entries may be logged electronically.

 

Access data may be used in particular to verify access rights, to investigate misuse, for security purposes and to enforce the house rules.

 

Video recordings, access data and photographs used for access control are only stored for as long as necessary for the respective purpose. Longer storage remains reserved if this is necessary to investigate incidents, to enforce claims or due to legal obligations.

 

Further information on the processing of personal data can be found in the privacy policy of Warehouse Gym Fitness GmbH.

 

 

15. Data Protection

 

Warehouse Gym Fitness GmbH processes personal data to the extent necessary for concluding and performing the contract, operating the gym, access control, communication, payment processing, security, customer service and fulfilling legal obligations.

 

In particular, the following may be processed: name, address, date of birth, telephone number, email address, payment details, contract data, access data, communication data and, where applicable, other information necessary for providing the services.

 

Warehouse Gym Fitness GmbH may use external service providers to provide its services, for example providers for the website, member management, payment processing, accounting, IT, access systems, video surveillance, email communication or online payments.

 

Further details on data processing, on the rights of data subjects and on contact options are set out in the separate privacy policy.

 

 

16. Health, Personal Responsibility and Emergencies

 

The member trains at their own responsibility and pays attention to their state of health.

 

In the event of pain, dizziness, nausea, shortness of breath, feeling unwell or other warning signs, training must be stopped immediately.

 

In an emergency, help must be sought immediately and, if necessary, the emergency services must be called.

 

Warehouse Gym Fitness GmbH recommends that beginners in particular, persons with pre-existing conditions or injuries, or persons returning after a longer break from training, obtain a professional or medical assessment before starting training.

 

Warehouse Gym Fitness GmbH assumes no responsibility for whether a member is fit to train, to the extent permitted by law.

 

 

17. Minors

 

Minors may only use the gym with the consent of their legal representative.

 

Warehouse Gym Fitness GmbH may set special terms of use, restricted access times or an obligation to be accompanied for minors.

 

The legal representative is liable within the scope of the statutory provisions for obligations and damage caused by minors.

 

 

18. Personal Training, External Trainers and Commercial Use

 

Personal training, coaching, group training or other paid services at Warehouse Gym may only be offered or carried out with the express consent of Warehouse Gym Fitness GmbH.

 

External trainers may not use the facilities for their own commercial purposes without prior written consent.

 

Even unpaid, regular instruction, supervision or coaching of other persons may be prohibited if it corresponds to the nature of personal training, coaching or commercial use.

 

The use of the premises for commercial photo or video recordings, advertising purposes, content production, courses, events or external services requires the prior consent of Warehouse Gym Fitness GmbH.

 

 

19. Prohibited Substances, Alcohol, Drugs and Dangerous Behaviour

 

The consumption, sale, distribution or promotion of illegal substances is prohibited at Warehouse Gym.

 

Training under the influence of alcohol, illegal drugs or other substances that may impair safety is prohibited.

 

Dangerous, reckless or grossly improper behaviour may lead to an immediate block or extraordinary termination of the membership.

 

Warehouse Gym Fitness GmbH reserves the right to inform the competent authorities if criminal acts are suspected.

 

 

20. Damage, Theft and Misuse

 

The member is liable for damage that they cause intentionally or negligently to equipment, facilities, premises, access systems or property of Warehouse Gym Fitness GmbH.

 

Damage must be reported immediately.

 

In the event of theft, vandalism, access misuse, tampering or other serious violations, Warehouse Gym Fitness GmbH may immediately block access, terminate the membership extraordinarily and claim damages.

 

Fees already paid are not refunded in the event of extraordinary termination due to misconduct.

 

 

21. Liability

 

The facilities, equipment and installations are used at the member’s own risk.

 

Warehouse Gym Fitness GmbH is liable for damage caused by intentional or grossly negligent conduct of Warehouse Gym Fitness GmbH.

 

Liability for slight negligence, indirect damage, consequential damage, loss of profit, lost or stolen items and damage resulting from improper use of the equipment is excluded to the extent permitted by law.

 

Liability for auxiliary persons and third parties called in is excluded to the extent permitted by law.

 

Mandatory statutory liability provisions remain reserved.

 

 

22. Changes to the General Terms and Conditions

 

Warehouse Gym Fitness GmbH may amend these General Terms and Conditions where necessary, in particular in the event of operational changes, legal changes, technical adjustments or an expansion of the range of services.

 

Changes are communicated in a suitable form or published on the website.

 

For existing contracts, changes only apply to the extent that they are legally permissible and reasonable.

 

Material changes that significantly disadvantage existing members only apply to existing contracts if this is legally permissible or the member agrees.

 

 

23. Final Provisions, Applicable Law and Place of Jurisdiction

 

Should individual provisions of these General Terms and Conditions be or become wholly or partially invalid, the validity of the remaining provisions remains unaffected.

 

The invalid provision shall be replaced by a permissible provision that comes as close as possible to the economic purpose of the original provision.

 

Swiss law applies.

 

The place of jurisdiction is, to the extent permitted by law, the registered office of Warehouse Gym Fitness GmbH.