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A gym cannot function without good general terms and conditions. They govern the membership, the duration and cancellation, payment, and liability for injuries. However, beware: mandatory rules apply to consumers, and certain clauses are not permitted.
Why a gym needs terms and conditions
By registering, a member accepts your general terms and conditions. In these, you regulate, among other things, the contract duration, the price, the house rules, and what happens in the event of injuries or damage. It is important that the member receives the terms and conditions before or at the time of registration and can review them at their leisure; otherwise, they may not apply.
Pay attention to the rules for subscriptions
Gym memberships are subject to the rules governing consumer contracts. A membership may be tacitly renewed, but thereafter the consumer must be able to cancel it at any time with a short notice period. A multi-year contract that ties the consumer down for too long or makes cancellation unreasonably difficult to uphold will not hold up.
Liability for injuries
Participating in sports involves risks. You can limit your liability for injuries, but not without limits: an exclusion that is too broad can easily be unreasonably burdensome towards consumers, and you can never exclude liability for intent or willful recklessness. Combine a balanced limitation with proper instructions, supervision, and maintenance of equipment.
What is not allowed?
Avoid clauses on the black and grey lists: for example, an unreasonably long notice period, a complete exclusion of liability, or the right to unilaterally and without limitation change the price. Such clauses are voidable — precisely when you need them.
Frequently Asked Questions
Is it permissible to tacitly renew a gym membership?
Yes, but after that, the consumer must be able to cancel at any time with a short notice period. A fixed term that is too long will not hold up.
Can I exclude my liability for injuries?
Restrictions are permissible within limits, but not without restriction and not for intent or conscious recklessness. An exclusion that is too broad is voidable.
When do my terms and conditions apply?
If the member has received and accepted them before or at the time of registration. Therefore, hand them over in a timely manner.
Strong conditions for your gym?
Our legal experts draft general terms and conditions for gyms and perform a terms and conditions scan. View our contract lawteam or schedule a free consultation.
