Conditions
1. Scope and Definitions
1.1. These General Terms and Conditions exclusively apply to the business relationship between Tim Thies, Gebbertstr. 106, 91058 Erlangen (hereinafter referred to as the “PROVIDER”) and the recipient of the services (hereinafter referred to as the “CUSTOMER,” collectively referred to as the “PARTIES”), especially with regard to contracts concerning consultancy services and coaching in the fitness sector (particularly Calisthenics/Bodyweight Training) (hereinafter referred to as the “Services”).
1.2. Contradictory, deviating, or supplementary General Terms and Conditions of the CUSTOMER do not become a part of the contract unless expressly agreed upon by the PROVIDER. These General Terms and Conditions also apply if the PROVIDER carries out the Services without reservation, despite being aware of conflicting conditions or conditions differing from these General Terms and Conditions provided by the CUSTOMER.
1.3. The contractual basis is formed by the individual agreement between the PROVIDER and the CUSTOMER (e.g., in the form of an offer) as well as the present conditions.
1.4. The version of the PROVIDER’s General Terms and Conditions valid at the time of utilizing the Services shall be authoritative.
1.5. These Terms and Conditions also apply to all future service relationships between the PROVIDER and the CUSTOMER (in connection with the offered scope of services) without requiring explicit inclusion.
2. Services
2.1. The PROVIDER offers various services, particularly participation in coaching sessions, consultations, and seminars, which can be conducted through multimedia, video-based, telephone, and/or on-site methods. The services are provided in standardized and/or individualized formats based on the chosen service package. They can be carried out individually or in group settings and may include videos, audio recordings, and/or online training courses. The specific scope of services is determined through individual agreement between the PROVIDER and the CUSTOMER.
2.2. The PARTIES agree that the PROVIDER explicitly does not owe the CUSTOMER any specific quantitative and/or economic success.
2.3. The provision of services by the PROVIDER is tied to the agreed-upon dates. Transfer of the right to receive services to a later date is not permitted.
2.4. The PROVIDER is entitled to engage third-party assistance, particularly subcontractors, to fulfill individual or all contractual obligations.
2.5. Regarding the content of a coaching, service, and/or consulting contract entered into with the PROVIDER, the PROVIDER is entitled to determine the specifics of the services according to § 315 of the German Civil Code (BGB).
3. Contract Coclusion
3.1. The presentation of services on the website, social media platforms, or in advertisements does not constitute a binding offer from the PROVIDER to enter into a contract. It merely invites the CUSTOMER to submit an offer.
3.2. The conclusion of a contract between the PROVIDER and the CUSTOMER can take place remotely (particularly via video or video chat and/or telephone), in written form (especially via email or instagram direct message), or in print.
3.3. The PROVIDER confirms the receipt of the CUSTOMER’s order or inquiry by sending a confirmation email. This confirmation does not yet constitute the acceptance of the contract offer by the PROVIDER. It serves solely to inform the CUSTOMER that the order or inquiry has been received by the PROVIDER.
3.4. The declaration of acceptance of the contract offer is made through an explicit contract confirmation via email.
3.5. In the case of contracts concluded remotely between the PROVIDER and the CUSTOMER, the CUSTOMER agrees that the PROVIDER may record the telephone call and/or video conference for the purpose of evidence and documentation.
3.6. The CUSTOMER expressly agrees not to disclose login usernames, passwords, materials, and links that the CUSTOMER gains access to under this contract to third parties.
4. Compensation
4.1. The respective fee applicable at the time of contract conclusion applies to the services, unless a different fee has been individually agreed upon. All prices include VAT.
4.2. The CUSTOMER is obligated to make advance payment unless otherwise agreed. The agreed-upon fee becomes due immediately upon contract conclusion and is payable within 7 days.
4.3. If the CUSTOMER fails to fulfill a necessary cooperative action, thereby preventing the provision of services by the PROVIDER, the PROVIDER’s right to compensation remains unaffected in any case. However, in this scenario, the PROVIDER must credit what they have saved or failed to acquire in expenses.
4.4. The CUSTOMER can exercise their right of set-off or retention only with legally determined or undisputed claims.
5. Default
5.1. If the CUSTOMER is in default with due payments, the PROVIDER reserves the right not to provide further services until the outstanding payments are settled.
5.2. The PROVIDER is entitled to terminate the contract in the presence of a significant reason according to § 626 para. 1 of the German Civil Code (BGB) and to suspend all services. A significant reason exists particularly if the CUSTOMER is in default with a due installment payment to the PROVIDER. The PROVIDER is entitled to claim the entire fee that would become due until the next regular termination date as compensation for damages. However, in this case, the PROVIDER must credit what they have saved or failed to acquire in expenses.
6. Obligations of the PARTIES for the Execution of Agreed Services
6.1. The PROVIDER generally provides all contractually agreed services starting from the moment of contract conclusion.
6.2. The CUSTOMER ensures that the PROVIDER always has all necessary information available to achieve the best possible consulting results.
6.3. The CUSTOMER must ensure that the technical prerequisites are in place to fully utilize the offer. This includes, for example, a sufficiently capable internet connection, PC/notebook/smartphone, messenger services, etc. The PROVIDER is not responsible for any unavailability in this regard.
6.4. The CUSTOMER is obligated to appear punctually for all agreed-upon consultation appointments (especially 1:1 sessions). The CUSTOMER must promptly report any delays. If the CUSTOMER’s delay results in additional costs for the PROVIDER (e.g., due to disruptions in the PROVIDER’s work schedule, expenses that have become fruitless such as rental costs), the CUSTOMER is responsible for covering these costs.
6.5. Rescheduling of a pre-arranged consultation appointment requires explicit approval from the PROVIDER in written form, which can only be granted subject to the PROVIDER’s availability. Otherwise (particularly in case of cancellation by the CUSTOMER), the agreed-upon consultation appointment will be canceled without replacement.
6.6. The PROVIDER is always entitled to conduct appointments digitally (e.g., via Zoom, Teams, Skype, Teamviewer, or similar tools). The CUSTOMER agrees to the use of the “Truecoach” app as part of the service provision and provides their consent in this regard.
7. Service and Delivery Conditions
7.1. The initial duration of the PROVIDER’s services is individually agreed upon with the CUSTOMER.
7.2. The PROVIDER is entitled to provide services in part, as long as this is reasonable for the CUSTOMER and/or corresponds to the purpose of the contract.
7.3. Unless otherwise agreed, the provision of services takes place through the use of remote communication means.
8. Health Information
8.1. The services provided by the PROVIDER do not include any form of medical advice and do not replace medical advice in any way. Participation in the PROVIDER’s services and/or the application of recommendations is always done explicitly at the CUSTOMER’s own risk.
8.2. The CUSTOMER is aware that the services offered by the PROVIDER may involve risks to injury and health.
8.3. Due to the elevated risk of injury, the PROVIDER advises the CUSTOMER to consult a doctor before using the services and/or applying recommendations, and to discuss this with a doctor beforehand.
9. Contract Duration
9.1. The contract is firmly established for the duration specified in the individual contractual agreement (Initial Term). The Initial Term corresponds to the minimum period of commitments the CUSTOMER enters into with the contract. An early termination by ordinary notice is not possible.
9.2. The right to terminate the contract with immediate effect for significant reasons remains unaffected.
10. Payment Conditions
10.1. Payment can be made via invoice.
10.2. All billing procedures will be conducted electronically via the email address provided by the CUSTOMER. The CUSTOMER expressly agrees to this method.
11. Liability for Damages
11.1. The PROVIDER shall be liable for damages, regardless of the legal basis, only in accordance with the following provisions:
11.2. The PROVIDER is fully liable for damages resulting from the violation of life, body, or health, which are based on intent or negligence by the PROVIDER. Additionally, the PROVIDER is liable for damages resulting from intent or gross negligence by the PROVIDER, as well as for damages arising from the non-compliance with a guarantee provided by the PROVIDER or a guaranteed feature, or due to willfully concealed defects.
11.3. The PROVIDER’s liability is limited to compensating for foreseeable damages typical for the contract, which result from a slightly negligent violation of essential contractual obligations by the PROVIDER. Essential contractual obligations are obligations whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the contracting partner may regularly rely.
12. Data Protection and Confidentiality
12.1. The CUSTOMER is informed that the PROVIDER collects, processes, and uses personal inventory and usage data in machine-readable form within the scope of the contractual relationship’s purpose. All personal data is treated confidentially.
12.2. The PARTIES undertake to treat information they have become aware of during the contract execution from the other party’s domain as confidential.
13. Copyright
13.1. All content provided within the scope of contract fulfillment is protected by copyright.
13.2. During the contract duration, the CUSTOMER is granted a simple right to use the content. Any dissemination and/or reproduction of the content is prohibited. The CUSTOMER is particularly not authorized to create image, video, or audio recordings of course materials and/or live coaching sessions without explicit permission from the PROVIDER. Any violation will be pursued and may result in potential claims for damages.
13.3. The CUSTOMER agrees that audio and video recordings involving the CUSTOMER’s participation, especially from events, sessions, consultations, group calls, and similar activities, may be made and used without limitations in terms of time, location, and content by the PROVIDER, including participation of third parties.
14. Right of Withdrawal
14.1. In the event that the contractual agreement is a contract concluded outside business premises or a distance contract, and the customer is a consumer within the meaning of § 13 of the German Civil Code (BGB), i.e., making the purchase for purposes that are predominantly not attributable to commercial or self-employed professional activities, the customer has a right of withdrawal in accordance with the following provisions.
14.2. The right of withdrawal expires in the case of a contract for the provision of services pursuant to § 356 para. 4 of the German Civil Code (BGB) if the PROVIDER has fully performed the service and has only begun to perform the service after the customer has given their explicit consent and simultaneously confirmed their knowledge that they will lose their right of withdrawal upon full contract performance by the PROVIDER.
Withdrawal Notice
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day of contract conclusion.
To exercise your right of withdrawal, you must inform us (Tim Thies, Gebbertstr. 106, 91058 Erlangen, Email: coaching@tim-thies.com) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post, fax, or email). You can use the attached sample withdrawal form, but it is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested to begin the services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.
Sample Withdrawal Form
(If you wish to withdraw from the contract, please fill out this form and send it back.)
- To Tim Thies, Gebbertstr. 106, 91058 Erlangen, Email: coaching@tim-thies.com
- I hereby withdraw from the contract concluded by me forthe provision of the following service
- Ordered on
- Name of CUSTOMER
- Address of CUSTOMER
- Signature of CUSTOMER (only if this form is notified on paper) Date
15. General Provisions
15.1. In connection with the use of the website, all disputes, regardless of the legal basis, shall be subject exclusively to the laws of the Federal Republic of Germany, excluding all provisions of private international law that refer to another legal jurisdiction.
15.2. The customer can access the General Terms and Conditions at any time at the URL https://www.tim-thies.com/conditions and print or save them using the corresponding browser function (“Print” or “Save as”).
15.4. If any provision or provisions of these General Terms and Conditions are or become invalid, the validity of the remaining provisions shall not be affected.
15.5. The PROVIDER reserves the right to amend these General Terms and Conditions at any time, unless such amendment is unreasonable for the customer. The PROVIDER will notify the customer in due time. If the customer does not object to the new General Terms and Conditions within a period of two weeks after notification, the amended General Terms and Conditions are considered accepted by the customer.
15.6. Online dispute resolution platform for consumers (ODR): ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in a dispute settlement procedure before a consumer arbitration board.