Terms and Conditions

General Terms and Conditions of EVOPE GmbH
EVOPE GmbH, Storkower Strasse 105, 10407 Berlin or
hello@evope.com

§1 Services of the Evope GmbH

The member of the Evope GmbH is entitled to use all sports and fitness
facilities of the Evope GmbH during regular opening hours unless a
compelling case is made to the contrary.

§2 House rules

By using the facilities the member underlies the house rules at the
EVOPE center. These may include regulations regarding clothing,
using of the equipment, usage times, behavior in the changing rooms
and training areas.

§3 Transfer of membership

A transfer or sale of a membership is only possible with certain
memberships. This requires the consultation with EVOPE. A transfer is
limited to people who are not and have not been members of EVOPE
yet. For the processing of the transfer EVOPE charges a one-time fee
of 50,00 Euro.

§4 Group training, personal training

The monthly membership fee entitles the member to participation in
classes which correspond to their chosen membership. EVOPE does
not guarantee that all desired equipment or class spots will be available
to the member at any time. The available number of equipment and
class spots is limited to the normal capacity of the EVOPE Center and
can be used without unreasonable waiting time.
The class schedule will be announced via the virtuagym app. The class
and opening schedule may vary on bank holidays. Furthermore,
EVOPE reserves the right to close for renovation or other urgent
operational needs on all public holidays as well as for another nine
additional days per year without entitling members to reduce the
services. The dates will be announced in advance by a notification in
the app or in the gym. The number of participants in the classes as well
as in the open gym area is limited. Therefore, registration in the app is
required. The registration for a group training is binding due to the
small number of participants (see further "Cancellation"). 10 group
classes or Open Gym lessons can be booked by the member with the
purchase of a 10-session-card. The card is not transferable. Personal
training appointments can only take place in person and at the agreed
times. Membership entitles the member participating in EVOPE group
training sessions to the agreed scope. Purchased classes are
excluded.

§5 Cancellation

Personal Training appointments can be cancelled free of charge up to
24 hours before the start of the respective appointment. If the
cancellation is made too late the contingent will be debited by the
respective hour. Group training appointments can be cancelled online
up to two hours before the start of the respective appointment. If
booked appointments and classes are not cancelled in time and
therefore a place is blocked and booked EVOPE reserves the right to
deduct one credit per booked and not attended class. In case of two no
shows the member will receive a block which can be released in
consultation with the coach.

§6 Participation and Open Gym (Indoor and Outdoor)

In order to safely participate in all classes offered by EVOPE each new
member (contract or 10-session-card) is required to complete the
offered beginner classes (Fundamentals classes). New members who
have already trained in another CrossFit box or athletic center for at
least 3 months can skip the beginner courses after personal
consultation and assessment by the head coach.

§7 Limitation of liability

EVOPE is generally not liable for damages of the member. This does
not apply to liability due to a breach of a material contractual obligation
and to liability due to damages of the member resulting from an injury
to life, body, health, as well as likewise not for damages based on an
intentional or negligent breach of duty by EVOPE, its legal
representatives or vicarious employees. This refers to the indoor and
outdoor areas.
The member is explicitly advised not to bring any valuables into the
EVOPE center or the outdoor area. EVOPE does not take on any
guarding or duty of care for valuables brought into the EVOPE Center
or Outdoor Yards. The depositing of money or valuables in a locker
provided by EVOPE does not constitute any obligation on the part of
EVOPE with regard to the items brought in.

§8 Cancellation and payment modalities

The member has to notify EVOPE immediately of any change in bank
details and, if necessary, issue a new direct debit authorization. The
membership fee will be charged on the 1st/2nd of each month within
the framework of the direct debit authorization overleaf. If the member
is in default with the payment of an amount corresponding to two
monthly fees, this entitles EVOPE to terminate the contract without
notice for good cause. A termination for any other important reason
remains unaffected. In the event of termination for cause, EVOPE
expressly reserves the right to assert claims for damages against the
member in accordance with the statutory provisions. In case of any
direct debit not honored or returned due to lack of funds or
unauthorized revocation, EVOPE shall be entitled to charge the costs
incurred for the return debit note and processing in the amount of
10.00€ and to collect these automatically with the next direct debit.
If the member proves that a lesser damage or no damage at all has
been incurred, the compensation shall be reduced to the proven
amount. If the member is in default with two or more monthly fees, the
fees for the entire remaining membership term will be due immediately.
The membership is always renewed for 60 days, if not cancelled 4
weeks before the end of the membership in writing to EVOPE GmbH,
Storkower Strasse 105, 10407 Berlin or hello@evope.com. The above
rates also apply to membership extensions that follow renewals.

§9 Upgrade

An upgrade to a higher membership model is possible during the
contract period at the end of each contract month. The contract period
of 60 days then starts anew. A "downgrade" to a lower membership
model is only possible at the end of the 60 days contract period with a
notice period of 4 weeks before the end of the contract in written form
(email or mail).

§10 Illness/Times of absence/Moving

If the member is unable to attend for more than one month due to
illness, pregnancy or military service, the contract can be suspended
for the duration of the prevention upon presentation of a medical or
official certificate. The term of the contract is automatically extended by
the period of suspension. The request for decommissioning must be
made in writing within one month of the beginning or knowledge of the
illness/incapacity for sports. In the event of a move to another city,
membership may be terminated at the end of the respective month
upon presentation of a confirmation of registration from the respective
city. In all other respects, the statutory provisions apply to other
contract terminations.

§11 Health

Since CrossFit and athletic training are high-intensity, competitive
sports, EVOPE recommends that all individuals who wish to use
EVOPE's services have their fitness evaluated for sports evaluated by
a physician of their choice. Persons with diseases of the cardiovascular
system, as well as persons before starting training, are recommended
to first fully restore their fitness for sports through appropriate
physiotherapy.

§12 Data protection

The customer is informed that EVOPE collects, processes and uses
personal inventory and usage data in machine-readable form within the
scope of the purpose of the contractual relationship. The member
agrees to receive personal advertising in the form of advertisements
and newsletters as well as App content. All other personal data will be
treated confidentially. Data will only be passed on to third parties for
credit assessment purposes. The contracting parties undertake to treat
any information from the other party's sphere of activity that becomes
known to them confidentially.

§13 Declaration of consent and transfer of image rights

The member agrees that during training, during events or other events
within the scope of EVOPE, pictures, photos as well as videos may be
taken and used and published for promotional purposes of EVOPE.
Whether these publications are used within the framework of the app,
for TV broadcasts, newspaper reports or online portals (such as
Facebook, Instagram, etc.) is up to EVOPE. Furthermore, the member
confirms that no rights of third parties are violated by the publication of
the images and that there is no claim for remuneration against EVOPE
GmbH.

I authorise EVOPE GmbH to collect the monthly amount selected by me for the duration of the membership from my specified account by direct debit. At the same time I authorise my bank to execute the direct debits submitted by EVOPE GmbH for my bank account by SEPA direct debit.