(As of April 2026)

1. Scope

• These Terms and Conditions (hereinafter referred to as „Terms and Conditions“) apply to all fitness contracts between HOLIFIT GmbH, Schlosserstraße 4, 5082 Grödig, (hereinafter „gym owners“) and the members regarding the use of the Fitness am Untersberg / CrossFit Untersberg gym.
• Gym means the branch or branches of the gym operator which the member is entitled to enter and use.
• Members are those persons who, on the basis of a gym membership contract concluded with the gym operator, are authorised to enter and use the gym.
• These terms and conditions are posted in the reception area of the gym. Furthermore, the terms and conditions are also available on the website of gym operator's accessiblewww.fitness-am-untersberg.at). Upon conclusion of the contract, the member will be provided with the current version of the Terms and Conditions.

2. Formation of contract

• The gym membership contract between the gym operator and the member is concluded by signing the membership contract in the gym, following a consultation in the gym by means of a digital signature, or by concluding the membership contract via the gym operator’s website („online contracts“). For online contracts with consumers, the special provisions pursuant to Section 9 of these Terms and Conditions shall also apply. If individual contractual provisions are agreed between the member and the gym operator in the membership contract that contradict these Terms and Conditions, the provisions agreed in the membership contract shall take precedence over the Terms and Conditions. The remaining provisions of the Terms and Conditions that do not contradict the individual contractual provisions shall remain in full force and effect.
• The fitness contract, or a copy thereof, will be sent to the member by email. Further copies of the contract will be provided to the member on request.
• Fitness contracts with minors (under 18 years of age) may only be entered into with the written consent of their legal guardian.

3. Subject matter and scope of services

• The type and scope of the services are determined by the fitness contract concluded in each case between the gym operator and the member, as well as the additional services or packages offered and chosen.
• Membership may not be transferred.

4. Use of the gym

• Granting of access
  • Every member is entitled to enter and use the gym and its facilities during opening hours as set out in clause 5 and in accordance with the terms of the gym membership contract.
  • If the fitness contract provides for independent training outside class times, each member shall receive, upon conclusion of the contract, an access pass in the form of a MemberCard, a wristband, an access card, an access token or a magnetic card. The access pass is handed over to the member upon conclusion of the contract in exchange for a cash deposit and is non-transferable. Any unauthorised transfer of the respective access pass is prohibited. Each member must take care to safeguard their respective access pass. Any loss or damage must be reported to the gym operator immediately. The lost or damaged access pass ceases to be valid upon the issue of the new access pass.
  • Access to the gym is permitted only to current members and upon presentation of the relevant access authorisation. Accompanying persons, such as bodyguards or private carers, are permitted access to the gym until further notice. Accompanying persons are not permitted to use the training equipment or training areas for their own training purposes.
  • Animals are not permitted.
  • Members who are under the influence of alcohol, or who are visibly under the influence of other addictive substances or narcotics, may be refused entry for as long as they remain under the influence.
  • It is prohibited to bring weapons, alcoholic drinks, illegal drugs and narcotics, or unauthorised performance-enhancing substances onto the premises of the gym.
  • The member acknowledges that trainers, support staff and supervisors are not present at the gym throughout the entire opening hours. It is therefore not possible to receive instruction on how to use the equipment or assistance during this time.

• Hygiene regulations
  • For hygiene reasons, members are only permitted to enter and use the training equipment and training areas if they are wearing sports clothing and clean trainers. Members must also bring a towel with them, which must be placed on the equipment or mats to prevent sweat from soiling them.
  • Bringing in or consuming food from outside is not permitted.
  • All areas of the gym must be kept clean and left by members in the condition they were found. Waste must be disposed of in the bins provided.

• Safety regulations
  • All fitness equipment must only be used for its intended purpose. Every member is obliged, if unsure, to familiarise themselves with the instructions for use and operating guidelines before using any training equipment and to observe these when using the equipment. In the event of any uncertainty in this regard, particularly before using a piece of equipment for the first time, members must seek guidance from the gym operator or their staff.
  • All facilities, training equipment and training areas must be treated with care and respect.
  • Personal belongings must be stored properly in the lockers provided and must not be left behind in the gym. The gym operator accepts no liability for the loss of items left behind, or for theft or break-ins into lockers by other members or accompanying persons.

• Refraining from causing harm or harassment
  • Every member must refrain from unnecessary noise, disturbances, and any endangerment of other members.
  • Photographs and videos of other members may only be taken with their prior consent.
  • In the event of injuries to other members, every member is expected to take reasonable assistance measures and provide first aid.
  • If a member fails to cease endangering or harassing other members despite two warnings from the gym operator or its staff, that member may – notwithstanding the right to terminate the contract in accordance with clause 8.2 – be removed from the gym’s premises on the day on which the act of harassment or endangerment took place.

• Miscellaneous
  • The offering and conduct of any independent commercial activity within the gym, such as coaching sessions, classes or other training sessions for which a fee is charged, requires prior individual agreement with the gym operator.
  • The gym operator is under no obligation to assess a member’s mental and physical fitness. The choice of training method, the extent and the intensity of the training are the sole responsibility of each individual member. It is strongly recommended that training is always tailored to one’s individual physical abilities and that, should any discomfort arise, the exercises should be stopped and, if necessary, a doctor should be consulted.
  • The gym operator may, on a case-by-case basis, without obligation and without being under any duty to do so, conduct a consultation session offering training recommendations. Any recommendations made by the gym operator and its staff reflect the coach’s subjective assessment; the choice of the appropriate training programme is always the sole responsibility of the member and lies within their own sphere of responsibility. A consultation cannot under any circumstances replace medical or therapeutic advice. There is no legal entitlement to a consultation.

5. Opening hours

• The opening hours are displayed clearly on the premises of the branch by the gym operator.
• Minor changes to opening hours are permitted provided that the daily opening hours – compared with the opening hours on which the fitness contract is based – by no more than one hour (e.g. 08:00 to 18:00 instead of 07:00 to 17:00) and the total weekly opening hours are not reduced as a result. Planned changes to opening hours must be announced by notice displayed in the gym at least fourteen days before they come into effect.
• The gym operator reserves the right to close the gym or parts of it for a maximum of 14 days per year due to special events, maintenance work, servicing or similar reasons. In such cases, advance notice of at least 10 days will be given. This shall not result in a reduction in the membership fee.

6. Courses

• Participation in the courses offered is on a first-come, first-served basis. There is no entitlement to a specific course place.
• A course will only take place with a minimum of two participants. If this minimum number of participants is not reached, the gym operator is entitled to cancel the course.
• The gym operator reserves the right to cancel classes at short notice for objectively justified reasons, in particular in the event of short-notice cancellations by participants or the absence of a trainer (e.g. illness or force majeure). In such cases, there is no entitlement to the holding of the class or to alternative services.
• The primary language of instruction is German. Delivery in another language cannot be guaranteed.

7. Remuneration

• The contractually agreed remuneration (membership fee) is due for payment on the 1st of each month in advance. The membership fee includes value added tax at the statutory rate applicable at the time. Payment is made on time if it has been initiated on the due date.
• In the event of late payment, the gym operator is entitled to charge statutory default interest. In the event of payment arrears for which the member is responsible (culpable payment default), collection costs may also be claimed – to the extent permitted by law – provided that these costs are necessary and appropriate for the recovery of the arrears and are in reasonable proportion to the outstanding claim.
• The membership fee is index-linked, whereby the possibility of adjusting the membership fee addresses not only price increases, but also price reductions. The Consumer Price Index 2020 published monthly by Statistics Austria serves as the measure for calculating the preservation of value.

The reference value is the index figure calculated for the month in which the contract was concluded. Upwards or downwards fluctuations in the index figure of up to and including 2 % are disregarded. This margin must be recalculated each time the index figure moves above or below it; in such cases, the first index figure falling outside the currently applicable margin must always form the basis both for the recalculation of the amount due and for the calculation of the new margin. The resulting membership fee shall be rounded to the nearest 10 cents for commercial purposes. It is stipulated that an initial adjustment to the membership fee may be made no earlier than twelve months after the conclusion of the fitness contract. After this point, any further adjustments may be made at the start of each new calendar year.

8. Contract duration and (early) termination of the contract

• The contract is concluded for an indefinite period. The minimum contract term is specified in the fitness contract and is twelve (12) months, unless otherwise agreed in individual cases.
  • Standard termination is excluded during the agreed minimum contract period.
  • The contract can be terminated by either party for the first time at the end of the minimum contract period (which means that the contract ends upon the expiry of the last day of the minimum contract period) and, following the expiry of the minimum contract period, at the end of each calendar month. Notice of termination is given in good time if it has been received by or communicated to the contractual partner at least one month before the end of the contract.
  • After the minimum contract period has expired, the contract will be continued for an indefinite period unless notice of termination is given. There is no automatic extension of the minimum contract period.
  • When the minimum contract period ends, the membership fee provided for open-ended, monthly cancelable memberships in accordance with the price list valid at the time shall apply from this point onwards. The member may voluntarily and expressly agree to a new minimum contract period of twelve (12) months at any time. In this case, the reduced membership fee provided for fixed-term memberships shall apply again.
• The gym operator may terminate the contract with immediate effect – even before the expiry of the minimum contract term and without being bound by notice periods and termination dates – if:

• the member is in arrears with the payment of the membership fee and the outstanding membership fee is not paid in full despite a grace period of at least 14 days being set;
• the member repeatedly breaches the regulations for the use of the fitness centre (clause 4 of these Terms and Conditions) once more, despite having received two unsuccessful written warnings;
• the gym member commits a criminal offence that can only be committed intentionally.

• The member may temporarily suspend the contract with immediate effect – even before the expiry of the minimum contract term – if:

• the member is prevented from training for longer than 30 days due to illness or an accident; or
• the member learns of her pregnancy after the fitness contract has been concluded.
  • The prevention must be certified by a medical certificate. In the case of pregnancy, the certificate requires the submission of the mother-child pass or a corresponding medical certificate. In the case of pregnancy, the prevention ends eight (8) weeks after the end of the pregnancy.
  • For the duration of the suspension, the member is exempt from paying the membership fee. The services under the gym membership agreement cannot be used by the member during the suspension period.
  • A suspension in accordance with item 8.3 does not affect the running of the minimum contract term. This means that the next ordinary termination date is not postponed by the duration of the suspension.
  • If the prevention due to illness or an accident lasts for more than 90 days, the member may terminate the contract without being bound by notice periods or termination dates.
• Notwithstanding the foregoing provisions, the member may, at their own request, suspend the contract once per contract year for a total of up to four (4) months during the contract term. The suspension must be notified to the gym operator at least four (4) weeks in advance.

• During decommissioning:

• the member's obligation to pay is suspended;
• the gym services cannot be used.
  • For contracts with an agreed minimum contract period, this is extended by the duration of the suspension. For open-ended contracts, there is no extension of the contract period.
• The right of both contracting parties to terminate the gym membership contract for good cause is neither excluded nor restricted by these provisions.
  • An important reason for the extraordinary termination of the gym membership exists in particular if the member relocates their main residence by more than 40 kilometres from the location of the gym and, as a result, continued use of the gym is no longer reasonably expected of them. Upon request, the relocation must be proven by suitable documents (e.g. registration confirmation).

9. Special provisions for online contracts with consumer

• The gym membership contract can also be concluded via the gym operator's website. Before concluding such a contract, the essential content of the contract, which is the duration of the contract and the price, is summarised. By clicking the „order with obligation to pay“ button, a binding offer to conclude the chosen gym contract is then submitted. The contract is concluded by acceptance of the offer by email. An automatically generated email that merely confirms receipt of the offer shall not be deemed acceptance of the offer.
• Consumers can cancel online contracts within fourteen days of conclusion of the contract without giving reasons. To exercise the right of cancellation, the consumer must notify the gym operator HOLIFIT GmbH, Schlosserstraße 4, 5082 Grödig, +43 69911015339, hallo@fitness-am-untersberg.at by means of a clear declaration (e.g. a letter sent by post or an email) of your decision to revoke this contract. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired. You may use the attached model cancellation form at the end of these terms and conditions for this purpose, though it is not obligatory.
• If a consumer cancels the contract, the gym operator shall refund all payments received from the consumer without undue delay and at the latest within 14 days from the day on which the notice of cancellation is received by the gym operator. For this refund, the gym operator shall use the same payment method that the consumer used for the original transaction, unless expressly agreed otherwise; in this event, fees will be charged to the consumer for this refund. However, the consumer must pay a reasonable fee for services utilised during the cancellation period, proportionate to the total price agreed in the contract.

10. Privacy

• The gym operator attaches great importance to the confidentiality and protection of its members' personal data. The gym operator's privacy policy is displayed in the entrance area of the gym and is available online at www.crossfit-untersberg.at/datenschutz.

11. Final provisions

• When concluding the fitness contract, the member must provide truthful information regarding contractually relevant personal data. The member must notify the fitness studio operator immediately of any changes to contractually relevant data (name, address, bank details, etc.).
• If any individual provisions of these Terms and Conditions are or become invalid, the remainder of the Terms and Conditions shall remain unaffected.
• Austrian law shall apply, excluding conflict-of-laws rules and the UN Convention on Contracts for the International Sale of Goods (CISG). The language of the contract is German.
• With respect to members who do not have a residence or habitual abode in Austria or are not employed in Austria, as well as with respect to business operators, the court in whose district the fitness centre operator has its registered office shall have exclusive local jurisdiction.

12. SampleCancellation form (consumers only)

If you wish to cancel the contract, please fill out this form and send it back:

AN:

[Company name]

Address

[Postcode, City]

e-mail [Email address]

Tel: [Phone number]

I/We (*) hereby revoke the contract concluded by me/us (*) for the provision of the following service (*)

_________________________

Ordered on (*)/received on (*):

_________________________

Name of the consumer(s):

_________________________

Consumer's address:

_________________________

Signature of the consumer(s) (only for notifications on paper)

_________________________

Date

_________________________

(*) Delete as applicable