terms and conditions

General Terms and Conditions (GC) 

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

The operator 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

With the use of the complex and the facilities the member accepts the GC. The operator reserves the right to change these if necessary. A current version of the GC is available on www.body-worx.ch at any time. The responsibility to be informed about the current conditions lies with the member.

4. Membership

4.1 The membership is personal and not transferable. People from the age of 16 are admitted to the fitness center and the Timeless Spa. In Addition to the contract, minors have to submit the declaration of approval for minors, signed by the legal representative. The membership will not be renewed automatically.

4.2 The member acknowledges that a photography of him or her is taken in order to visually control the access to the complex and the facility of the fitness center and the Timeless Spa. The sole purpose of the photography is the visual access control and it is saved and used for this purpose only. The photography will be deleted one year after the termination of the contract.

4.3 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.

4.4 Due to quality reasons, the operator reserves the right to introduce a quantity limit of members.

5. Offer and prices

5.1 The operator 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 the operator at any time. The responsibility to be informed about the current prices lies with the member.

5.2 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.

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 In case of loss or damage of the member identification the member has to 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, regardless of whether against payment or free of charge, is solely allowed for instructors employed by BodyWorx Fitness Company AG. Issued private personal training lessons by members are prohibited and trespass against the GC’s and the house rules. Sole exception is a permission in writing from BodyWorx Fitness Company AG, which may be granted upon request. BodyWorx Fitness Company AG may refuse such request without providing reasons respectively cancel already granted permissions at any time without deadline and providing 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 due at the time of subscription or the renewal date of the contract.

9.2 The available payment modalities at the reception desk are payment in cash, debit and credit card, PostFinance Card and MaestroCard (EC-card).

9.3 The payment in the web shop is by debit and credit card and is encrypted via a 128-bit SSL certificate which ensures a safe payment mode.

9.4 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 fitness center and the Timeless Spa is at the member’s own risk. Any liability of the operator 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 the operator. Parents are liable for their children.

10.3 The operator 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 the BodyWorx fitness center and the Timeless Spa 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 the BodyWorx fitness center and the Timeless Spa 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. 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/ Ban from the complex and the facilities

Fatal and repeated violation of the GC, 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. Changes of the General Terms and Conditions and House rules

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

15. Data protection

We respect the right of privacy, however, it should be noted that the operator saves data that arise from recorded membership data and its administration up to the required extent. As a matter of course, this data will not be made available to third parties. After the legal retention period has expired, the corresponding membership data will be deleted no longer active.

16. Applicable law/ Place of jurisdiction

Swiss law applies. Place of jurisdiction is Zug.

Valid from 24th of August 2021

 

Our locations:

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

BodyWorx Express Eastside AG
Birkenstrasse 43b
6343 Rotkreuz

BodyWorx Express Baar SG
Marktgasse 7
6340 Baar

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