terms and conditions

1. Area of application

Under the terms “BodyWorx Fitness Company” and “BodyWorx Express” operate different fitness centers at different locations in Switzerland. The independent operating companies are each legal persons acc. Swiss Code of Obligations (OR). All operating companies are summarized under the term “BodyWorx” (following: BodyWorx).

The General Terms and Conditions (hereinafter: GTC) apply to the use of the facilities and facilities of BodyWorx fitness centers. The terms and conditions and the house rules are part of the contract and binding for each member.

 

2. Conditions

BodyWorx provides the members with the complex and the facilities during the opening hours. The use is limited to the duration of the contract. The house rules, which are an integral part of the contract, must be adhered to.

 

3. Current General Contract Conditions

3.1 With the use of the complex and the facilities the member accepts the GTC.

3.2 BodyWorx reserves the right to change these if necessary.

3.3 A current version of the GTC is available on www.body-worx.ch at any time. The responsibility to be informed about the current conditions lies with the member. 

 

4. 4. Membership

4.1 Membership is personal and non-transferable. Persons over the age of 15 are admitted to the fitness centre. In addition to the contract, minors must submit a declaration of authorisation for young people under the age of 18 signed by their legal representative. Membership is not automatically renewed and therefore does not have to be cancelled.

4.2 The member acknowledges that a photograph will be taken of him/her to ensure visual access control to the BodyWorx facilities and equipment. This photograph is used exclusively for visual access control and is stored solely for this purpose and will not be used for any other purpose. The photograph will be deleted one year after cancellation of the contract.

4.3 A general identification requirement applies to memberships and single entries. Official photo IDs (e.g. identity card, driving licence, passport, etc.) are accepted.

4.4 An ongoing membership cannot be terminated. Exceptions are a relocation of the member (see 12.3), a medical training dispensation (see 12.4) or a ban from the complex and the facilities (see 13.). The termination has to be in writing in any case.

4.5 Due to quality reasons, BodyWorx reserves the right to introduce a quantity limit of members.

 

5. 5. Offer and prices

5.1 BodyWorx offers different services and memberships. The offer is carried out according to single memberships. All other services offered within the complex are not included in the membership fee. Details can be found on the price list. The price list is available on www.body-worx.ch and can be changed by BodyWorx at any time. The responsibility to be informed about the current prices lies with the member.

5.2 The offer may change at any time, whereby no entitlement to a refund or extension of membership can be derived.

5.3 Unless noted differently, all price indications are in Swiss Francs (CHF) including VAT.

 

6. Member identification

6.1 As a member identification a chip wristband (CHF 30.00) has to buy from each customer.

6.2 The member identification will be charged at the time of the subscription with the amount stated above and is the property of the member.

6.3 Entry and exit times as well as the use of services which are not included in the membership are recorded electronically using the integrated chip on the membership identification. The respective book entries are binding. This data is available to the member by asking for a receipt at the reception.

6.4 The chip wristband must be presented without being asked at every entry and every member is obliged to hold the chip wristband (data carrier medium) up to the check-in reader at every entry and, if applicable, exit. The following principle applies: No entry without a chip wristband or without ‘checking in’ (or ‘checking out’).

6.5 In case of loss or damage of the member identification the member must purchase a new member identification.  The member will be liable for any damage occurred on the name of his or her member identification.

 

7. State of health

In case of no regular physical activities, no flawless health, a severe illness during the last two years and/or a medical intervention (surgery etc.) a medical check-up is recommended.

 

8. Appointments

8.1 If an appointment cannot be attended, it has to be cancelled at least 24 hours in advance. Otherwise, the appointment will be charged with a lump sum of CHF 20.00.

8.2 The issuance of personal training (including all forms of ‘online’ personal training), whether for a fee or free of charge, is only permitted to BodyWorx’s employed fitness trainers/instructors. Personal training sessions given privately by members are prohibited and are in breach of these GTC and the house rules. The only exception is written authorisation from BodyWorx, which can be granted on request. However, BodyWorx may reject such a request without giving reasons or revoke any authorisation already granted at any time without notice and without giving reasons.

8.3 Depending on the membership, fitness trainer-supported training is available to the member. If no training can take place during the opening hours where a trainer is available, such training may also be provided outside these opening hours in arrangement with BodyWorx.

 

9. Payment

9.1 The membership fee is determined by the applicable price list (www.body-worx.ch). No access authorisation exists without payment having been received. Payment is independent of the actual use of the offer.

9.2 Advance payment: The membership fee with one-off payment is due and payable at the beginning of the contract period when the contract is concluded or extended.

9.3 Payment by instalments: For my membership contract with payment by instalments (6 or 12 instalments), the corresponding payment instalment must be paid before the start of each interval. In addition, a so-called instalment payment agreement is concluded, which then forms an integral part of the membership contract.

9.3.1 For instalment payments, BodyWorx also offers the option of paying the individual payment instalments by direct debit (LSV). Corresponding forms are available at reception.

9.3.2 For all membership contracts with instalment payments, the member recognises the membership contract (including the instalment payment agreement) as a legal title. If the member does not fulfil his/her payment obligations in due time, BodyWorx reserves the right to assert these under debt enforcement law.

9.3.3 If the member does not pay the instalment owed on time, a reminder will be sent (the first payment reminder is free of charge; the first and second reminders each cost CHF 20.00). As a result of the first reminder, the member shall be in default of payment and shall owe BodyWorx default interest of 5.00% as well as compensation for any additional turnover or damage caused by default. In addition, the total amount owed for the entire term shall become due (remaining debt). The reminder fees from collection will then amount to CHF 50.00 in each case plus any costs of a collection service provider (processing fees) will be passed on to the defaulting member.

9.3.4 With the payment reminder, BodyWorx reserves the right to block the member’s access or use of the offers and services in all facilities and equipment until full payment of the outstanding instalments including accrued reminder and collection fees.

9.4 The payment methods available at reception are cash, debit and credit card, PostFinance Card and MaestroCard (EC-Direct).

9.5 Payment in the webshop is encrypted by debit or credit card using a 128-bit SSL certificate, which guarantees a secure payment method.

9.6 Accepted debit and/or credit cards are Master Card, VISA and American Express. The commission fee shall be borne by the member. The current costs are available at the reception desk at BodyWorx.

9.7 Following debit and/or credit cards will be accepted: Master Card, VISA and American Express. The commission of the credit card has to be paid by the member. The information about current commission fees is available at the reception desk.    

 

10. Liability

10.1 The use of the complex and the facilities of BodyWorx is at the member’s own risk. Any liability BodyWorx or its personnel for damages as a result of an accident, an injury or an illness is excluded.

10.2 In case of any damage to the facilities and/ or equipment due to inappropriate handling, the member is liable for the caused damage towards BodyWorx. Parents are liable for their children.

10.3 BodyWorx is not liable for the loss of any personal belongings. Furthermore, the liability of objects which are deposited at the reception or theft in the complex and the facilities of BodyWorx is excluded. The relative insurance lies within the responsibility of the member. 

 

11. Opening hours and Emergency Management

11.1 The complex and the facilities of BodyWorx are open daily during the opening hours, except for inspection, cleaning, reconstruction, restoration etc. The offer and the opening hours are subject to change. In case of operationally necessary closing (inspection, maintenance, construction) and/ or of changes of the opening hours members are not entitled to a refund or prolongation of the membership.

11.2 In the event of access restrictions to the facilities and equipment of BodyWorx due to force majeure (e.g. fire, epidemics, pandemics, government restrictions, strike) and/or decrees or other actions by government authorities (e.g. requirement of a COVID certificate), there is no entitlement to a refund or prolongation of the membership.

11.3 In the event of a business closure due to force majeure (e.g. fire, epidemics, pandemics, government restrictions, strike) and/or decrees or other actions by government authorities, there is no entitlement to a refund or prolongation of the membership.

11.4 Certain facilities of BodyWorx are not supervised around the clock. Outside the supervised opening hours, the member trains at his/her responsibility. If the member stays in the BodyWorx premises on his/her own, BodyWorx expressly recommends carrying an automatic emergency call system (e.g. the handheld transmitter with fall detector by “SmartLife”). The member shall make sure that he/she knows how to handle the emergency call system; otherwise, he/she shall obtain the necessary information from the staff and/or the notice board.

 

12. 1 Non-use, Timestop and refunds

12.1 Non-use of the complex and the facilities or of the lessons shall not entitle the member to reduction nor to reimbursement of the membership fee. 

12.2 BodyWorx does not offer any option for a generally known TimeStop, except for the membership at the “BodyWorx” site in Turmstrasse 18 (@ 4-Towers). The conditions according to the “Time-Stop” leaflet apply to this site.

12.3 In case of a relocation of the member a refund of already paid fees is possible, given that the new place of residence is further away than 30 km from the nearest BodyWorx fitness center. The membership fee will be refunded pro rata temporis for the remaining period of time of the contract, whereas an administration fee of CHF 100.00 will be charged. The written confirmation of the new place of residence has to be enclosed to the termination in writing.

12.4 In case of a medical training dispensation (during the entire lifetime), a refund pro rata temporis is possible. The membership fee will be refunded pro rata temporis for the remaining period of the contract, whereas an administration fee of CHF 100.00 will be charged. The medical attestation has to be attached to the termination in writing.

 

13. Violations and ban from the complex and the facilities

Fatal and repeated violation of the GTC, the house rules or instructions of the personnel can result in a ban of the complex and the facilities and/ or the instant termination of the membership. In this case there is no entitlement to refund of the membership fee. In case of violation, especially through misuse of the member identification, a report to the authorities may be made.

 

14. Contract duration and cancellation

14.1 The term of the contract is based on the contract and comes into force upon conclusion by the member.

14.2 Advance payment: The membership contract with one-off payment expires automatically after the contract term without cancellation. The member will receive an offer to extend the contract (renewal) before the contract period expires (e.g. by letter, e-mail, SMS, etc.). With the renewed payment of the membership fee (see also GTC point 9.), the membership contract is extended or renewed for the selected contract period in accordance with the current price list (www.body-worx.ch) including GTC and house rules.

14.3 Payment by instalments: The membership contract with payment by instalments (6 or 12 instalments) expires automatically after the contract period without notice. The member will receive an offer to extend the contract (renewal) before the end of the contract period (e.g. by letter, e-mail, SMS, etc.). If the member continues to pay the respective monthly instalments (from month 1) beyond the original contract term, the original membership contract is automatically extended by the same contract term (incl. instalment agreement).

 

15. Changes of the General Terms and Conditions and House rules

The member expressly notes that the GTC and the house rules are subject to change. The responsibility to be informed about the current GTC and the current house rules lies with the member. No rights can be derived from the change of the GTC or the house rules. 

 

16. Data protection

16.1 We respect the right to privacy. However, it should be noted that BodyWorx stores data resulting from membership documents or membership processing to the extent necessary and in the manner required. Naturally, this data will not be passed on to third parties. After expiry of the statutory retention period, the corresponding member data will also be deleted if it is no longer active.

16.2 The processing of personal data in connection with BodyWorx membership contracts is subject to the currently valid privacy policy. A current version of the Privacy Policy is available at any time at www.body-worx.ch. It is the member’s responsibility to inform themselves about the currently valid privacy policy. By concluding a membership contract, the member accepts the associated processing of personal data in accordance with the privacy policy.

16.3 The member acknowledges and agrees that it is possible for BodyWorx to monitor training operations by means of video surveillance for quality certification and for safety and security reasons.

 

17. Applicable law/ Place of jurisdiction

Swiss law applies. Place of jurisdiction is Zug.

 

Valid from 1^st of August 2024

 

Our locations:
BodyWorx Fitness Company AG – Flagship
Turmstrasse 18 (@ 4-Towers)
6312 Steinhausen

BodyWorx Express Eastside AG
Birkenstrasse 43b
6343 Rotkreuz

BodyWorx Express Baar AG
Marktgasse 7
6340 Baar

BodyWorx Express Westside AG (24h)
Baarerstrasse 139
6300 Zug