Terms and Conditions

Onmind GmbH

Hardstrasse 33 / General-Wille-Str. 65
4052 Basel / 8706 Meilen

hereinafter “provider”

1. General Conditions

The following general terms and conditions apply exclusively to the business relationship between the provider and the customer (hereinafter: "customer") in the version valid at the time of the service. Customers can be natural or legal persons.

2. Subject of the Contract

The subject of the contract is individual advice and support for customers as part of the agreed training and health advice. The concept takes into account the respective needs and physical abilities of the customer.

3. Services of the Provider

The provider offers the customer individually tailored training and health advice. The offer includes (not exhaustively) the following services:

  • Carrying out anamnesis and tests
  • Carrying out personal training / fitness training
  • Exercise and nutrition coaching (with appropriate goals, plans, controls)
  • Collection, processing and processing of personal data (physical activities, meals / food, vital signs, etc.)

The training units take place on the premises of the provider, the customer or outdoors.

The order does not include medical or physiotherapy services. If necessary, the provider recommends the involvement of other experts such as doctors, physiotherapists, psychotherapists and others.

The provider makes no representations or guarantees for the success of the training or coaching.

In the event that the customer issues binding instructions, the expert is bound by them.

4. Duties of the Customer

The customer provides has the following obligations:

  • Truthful and complete information about the state of health.
  • Implementation of the training instructions according to the provider's specifications.
  • The customer is obliged to inform the trainer about his physical fitness without being asked before the start of the training session. If sudden health or ailments occur during the training, the customer is obliged to inform the trainer immediately.
  • If necessary, logging of physical activities and other parameters (such as nutrition).
  • Timely payment of the fee according to the price list on the provider's website or individually agreed prices.
  • Cancellation of agreed appointments in good time, i.e. at least 24 hours before the appointment, otherwise the service will be invoiced.
  • Releases the provider from professional secrecy if third-party experts are consulted.

5. Duration and End

Either party may unilaterally terminate the contract at any time. Services that have already been rendered will be invoiced and subscriptions that have already been redeemed/paid for will not be refunded.

6. Duty of Fidelity and Privacy

  • The provider is obliged to be loyal to the customer and must avoid any conflict of interest or inform the customer about it in advance.
  • The customer is aware that the provider collects and evaluates his data.
  • The provider treats all customer data confidentially. The data is used exclusively to support the customer. The provider is obliged to comply with the relevant data protection laws and to take appropriate technical, structural and organizational measures on an ongoing basis to ensure the confidentiality, availability and integrity of customer data.

7. Liability and Notices

  • The customer is aware that there is always a residual health risk with physical training. It is up to the customer to take out appropriate insurance.
  • In principle, the provider is not liable for damage suffered by the customer. Excluded from this are material breaches of contractual obligations or grossly negligent breaches of duty by the provider.
  • The provider is not liable for damage caused by the customer's overconfidence. If the customer does not follow the trainer's instructions and suffers damage as a result, the provider's liability is excluded.
  • If a subscription can no longer be redeemed due to illness or an accident, there is the option of redeeming it later or transferring it to another person upon presentation of a doctor's certificate. No training or subscriptions are refunded.

8. Final Provisions

Should individual provisions of this agreement be or become invalid in whole or in part, this shall not affect the validity of the remainder of the agreement. Rather, the invalid provision is to be replaced in the sense of the supplementary interpretation of the contract by a regulation that comes closest to the purpose pursued by the contracting parties. In the event of gaps in the contract, the same procedure must be followed. Adjustments to the contract are made in writing. In the event of differences of opinion in connection with the contractual relationship, the parties undertake in good faith to strive for an amicable settlement. If, despite the efforts of the parties, no agreement can be reached, the ordinary courts of Basel or Zurich shall have jurisdiction.

Credits: Parts of the terms and conditions are based on the template of the Academy for Sport and Health(Link: https://www.akademie-sport-gesundheit.de/)