(Version 1.1 ¦ valid from 27 June 2020) 1 Subject and validity 1.1 These General Terms and Conditions («GTC») govern the contractual relationship between Pitsch Fitnesscenter GmbH («Pitsch Fitness») and its customers («Member») with respect to use of the services and facilities of Pitsch Fitness Center in Adliswil («Pitsch Fitness Center»).1.2 By taking out membership as defined in section 2.1, the Member recognises these GTC. 2 Memberships 2.1 Pitsch Fitness offers various forms of membership for use of the services and facilities of Pitsch Fitness Center, which may be acquired online or in person at Pitsch Fitness Center.2.2 The membership is personal and non-transferable.2.3 For checking in and out and the use of changing room lockers, the Member receives a personal chip wristband for a one-time deposit of CHF 40.2.4 On request, Pitsch Fitness can make the check-in and check-out times electronically recorded by the chip wristband available to the Member for the purposes of reimbursement of health insurance fees.2.5 The chip wristband should be visible at all times when visiting Pitsch Fitness Center. 3 Payment conditions The membership application or the first monthly part-payment falls due no later than 30 days following the start of the contractual period. 4 Conditions of use and limitation of liability 4.1 Members use the facilities and equipment of Pitsch Fitness Center at their own risk.4.2 Use of services offered by Pitsch Fitness is conditional on the requisite physical and mental health, the assessment of which is entirely the Member’s responsibility.4.3 With the exception of liability for damages proven to have been caused by Pitsch Fitness either wilfully or through gross negligence, Pitsch Fitness rejects any responsibility for damage that occurs as a result of or during use of Pitsch Fitness Center. 5 Operating hours 5.1 The currently applicable operating hours for facilities and equipment as well as the availability of services at Pitsch Fitness are published on its website.5.2 Closures for operational reasons and/or changes to or curtailments of courses and/or operating hours are not grounds for reimbursement or extension of membership. 6 Usage regulations and instructions The user undertakes to comply with the usage regulations, in particular the house rules, the rules of conduct for the wellness area, as well as the rules concerning the Kidsclub (FAQ), and to follow instructions issued by the staff. 7 Suspension of annual membership 7.1 If the conditions listed in section 2 are met, members have the right to suspend their annual membership free of charge upon request in the event of the following:(a) holidays of at least two weeks and a maximum of two months;(b) pregnancy, illness or accident with the provision of a doctor’s certificate;(c) professional or study-related stays abroad with the provision of a confirmation from the employer or educational institution;(d) military or civil service with the provision of a confirmation from the Swiss military or the responsible civil service department.7.2 In the event of (a), (c) or (d), a suspension request must be submitted to Pitsch Fitness in advance. In the event of pregnancy, illness or accident (item(b)), the suspension request must be submitted to Pitsch Fitness immediately, or at the latest within one month after the date from which the member was unable to train according to the doctor's certificate.7.3 In the event of a suspension, the annual membership is extended by the length of the suspension.7.4 The suspension has no impact on the due date of membership payments. 8 Contract period and automatic renewal of annual membership 8.1 The contract period is determined by the form of membership chosen.8.2 Annual membership will renew automatically unless cancelled in writing at least 20 days before expiry. Pitsch Fitness will provide the Member with due warning, in writing, of the impending expiry of the contract and their right of cancellation.8.3 Non-use of services does not entitle the Member to premature termination of the contractual relationship or to a reclamation or reduction of membership fees. 9 Data protection 9.1 On the basis of Article 13 of the Swiss Federal Constitution and pursuant to the Swiss Data Protection Act, each person has the right to privacy and protection against misuse of their personal data.9.2 Personal data is used only as provided for by the Data Protection Declaration. 10 Applicable law and jurisdiction 10.1 These GTC are governed exclusively by substantive Swiss law.10.2 The exclusive jurisdiction is Horgen (Switzerland).