SCOPE OF APPLICATION
1.1 Aldin Mehinovic or his representative (hereinafter referred to as the service provider) creates a personalized training or health concept tailored to the customer’s needs and goals. This concept is based on generally recognized knowledge in sports science, medicine, and nutrition.
1.2 Customers include both private individuals and companies.
1.3 The service provider offers support and guidance to the customer in implementing personal training or coaching sessions as part of the agreed services.
1.4 The service provider may modify the training concept at any time during the contract term if requested by the customer, to reflect new sports science knowledge, or to accommodate changes in the customer’s fitness.
1.5 Unless otherwise agreed, the service can only be used by the customer personally.
1.6 The agreed service is a time-based obligation and is provided for a specified period or number of sessions.
OBJECT OF THE CONTRACT
2.1 The object of the contract is individual advice and support for the customer as part of the agreed personal training or coaching sessions.
2.2 The service includes personal training, online training, and other agreed services.
2.3 The planning and implementation of personal training and/or other special services are agreed upon orally or in writing between the customer and the service provider.
2.4 The customer must inform the service provider of any fitness or health limitations before the contract begins.
2.5 The customer must answer all questions regarding their current and past health and training-related lifestyle honestly and fully. The service provider is not liable for issues resulting from incomplete or inaccurate information provided by the customer.
2.6 Special services are documented and commissioned individually and in writing after consultation with the customer.
2.7 Each personal training or consultation session generally lasts 30 or 60 minutes. Shorter or longer sessions must be expressly agreed upon.
2.8 The type, scope, and location of each personal training session are discussed with the customer in advance. Potential goals and content are agreed upon in a prior phone consultation.
2.9 Online personal training sessions take place via Skype, Zoom, or WhatsApp. Each online coaching session lasts 30 minutes.
OTHER SERVICES
3.1 The service provider is generally available to the customer outside of training sessions by phone and email, Monday to Friday, between 1:00 p.m. – 3:00 p.m. and 6:00 p.m. – 8:00 p.m., as part of the agreed service. However, there is no entitlement to constant availability.
LIABILITY
4.1 The service provider is only liable for damages caused by intent or gross negligence; liability for minor negligence and third-party negligence is excluded. This applies to any damages incurred by the customer during personal training sessions.
4.2 The service provider is not liable for the customer not achieving the specific goals they had when entering the contract.
4.3 The service provider holds professional liability insurance to cover any legal claims that may arise from the services provided.
4.4 The customer is responsible for obtaining insurance to cover any accidents or injuries that may occur during the agreed services. This includes travel to and from the training location.
TERM OF PAYMENT
5.1 The service provider charges a fee for services provided under Section 2. The amount is specified in the respective package or diagnostics plan. All prices are final. The fee is due in full at the start of services or as agreed.
5.2 The current fee structure applies. Fees are available upon request and are posted on the website at www.fitnessed.net. The service provider reserves the right to change fees and will notify the customer at least four weeks in advance of any changes.
5.3 Unused training sessions expire 12 months after the contract ends.
5.4 The customer will receive a written invoice, including VAT, from the service provider.
ADDITIONAL COSTS
6.1 If additional costs arise from the service content requested by the customer (e.g., entrance fees, room rentals, parking costs), these are borne by the customer.
6.2 The customer bears the cost of external services (e.g., doctors, physiotherapists, nutritionists) consulted for holistic care, according to the billing terms of those providers.
6.3 Separate fees are agreed for other services (e.g., training support while traveling).
6.4 If the service provider purchases products on the customer’s behalf (e.g., sports equipment), these remain the service provider’s property until fully paid by the customer.
6.5 The travel flat rate for home or office workouts in Vienna is EUR 25. For sessions outside Vienna, the rate is EUR 30 plus EUR 0.50 per kilometer driven.
CLAIMS FOR COMPENSATION
8.1 No compensation claims can be made in the event of short-term cancellations by the service provider. Pre-paid training sessions will be credited.
TERMINATION BEFORE THE CONTRACT EXPIRES
9.2 If more than two personal training sessions from a package are used, the customer is not entitled to reimbursement for unused sessions.
9.3 The customer is entitled to withdraw from the contract if the service provider repeatedly misses agreed training dates without excuse. In such cases, only completed sessions are payable.
9.4 If the service provider must end the collaboration early for unforeseeable reasons, the customer will be reimbursed for unused sessions or offered a replacement trainer, subject to the customer’s approval.
9.5 Unused training sessions expire when the contract ends.
PRIVACY
10.1 The customer’s personal data will be stored and used exclusively to fulfill the contracted services. Data will be deleted upon request, but no later than 24 months after the last booked session. The GDPR applies in all other respects.
CONFIDENTIALITY
11.1 The customer agrees not to disclose any business or trade secrets of the service provider or their partners, even after the contract ends. Similarly, the service provider will not disclose any customer information gained during the provision of services, even after the contract ends.
OTHER AGREEMENTS
12.1 Both parties will communicate all information relevant to the fulfillment of the contract in a timely manner.
12.2 The service provider may work for other customers without the customer’s prior consent.
12.3 Both parties commit to mutual loyalty and will not speak negatively of each other or harm each other’s reputation or prestige.
FINAL PROVISIONS
13.1 Changes, additions, or ancillary agreements must be made in writing to be effective unless otherwise stated.
13.2 Should any provision of these terms be invalid or unenforceable, the remaining provisions remain effective. The parties will replace invalid provisions with economically equivalent ones in writing.
13.3 Vienna is the place of jurisdiction, and Austrian law applies.