1. description of services
The Member "hereinafter referred to as the Member" shall use the KAIFU-LODGE facilities in accordance with the scope of services described below and the terms of this Agreement.
1.1 Fitness Center
The FIREBALL Freizeiteinrichtungen GmbH & Co. KG, hereinafter referred to as "FIREBALL", provides the member with the facilities of the fitness center, i.e. the endurance, strength and fitness training equipment for use. In addition, the member is offered individual advice and guidance on the design of the exercise program as well as participation in special courses. These services are covered by the monthly membership fee. FIREBALL does not guarantee that participation in courses is possible at all times. If the maximum number of participants in a course hour is exceeded, no claim for participation can be made.
1.2 Sauna, outdoor pool, indoor pool, club rooms
The member may use the sauna, the outdoor pool, the indoor pool and the club rooms located on the premises of KAIFU-LODGE, as well as the associated ancillary facilities such as plunge pools, splash showers, air showers, sunbathing lawn and rest areas. However, the member has no legal claim to this use. Rather, they are voluntary services provided by FIREBALL at its own discretion.
For the consumption of food and beverages at the bar and the restaurant, the prices announced there apply.
1.4 Opening hours
The facilities of the KAIFU-LODGE are available to the member during the opening hours announced by notice at the entrance. FIREBALL is entitled to keep the entire facility or parts thereof closed and to change the opening hours on some days of the year, in particular due to necessary repair and reconstruction work or on holidays or for events. The opening hours of the outdoor and indoor swimming pools as well as the outdoor sunbathing lawn are subject to the regulations of the Bäderland. The member is aware that FIREBALL has no influence on these. Should the facilities remain closed or the opening hours deviate from those of the KAIFU-LODGE, this does not result in any claims for the member.
FIREBALL reserves the right to make reasonable changes to the facilities, services and/or course times, provided that these do not affect essential contractual obligations.
2. Fitness card
2.1 Receipt and validity
The member will receive his personal FITNESS card after signing this contract. The card must be carried with the member when visiting the KAIFU-LODGE and must be shown when entering and leaving the KAIFU-LODGE. Only upon presentation of the card, the member is entitled to the services of the KAIFU-LODGE. The FITNESS card is non-transferable and remains the exclusive property of FIREBALL. The member undertakes to return the card upon termination of the contractual relationship.
If the FITNESS card becomes unusable or is lost for reasons beyond FIREBALL's control, the member undertakes to report this fact immediately to the reception desk. FIREBALL undertakes to issue him/her a new card against payment of an amount of EUR 10.
In the event of misuse of the FITNESS card, FIREBALL shall have the right to extraordinary termination of the contractual relationship. If the fitness card issued to the member is misused by third parties due to circumstances for which the member is responsible and FIREBALL suffers damage as a result, FIREBALL reserves the right to take recourse against the member in this regard.
2.4 Legal status of the member
The purchase of the FITNESS card does not constitute membership of an association under the German Civil Code (BGB). The member is aware that FIREBALL, the operator of the KAIFU-LODGE, is not an association.
3. membership fee
3.1 Admission fee
The admission fee is due upon conclusion of the contract. The admission fee is to be paid once and will not be charged again in case of a renewed membership after a break of no more than 5 years. The initial contract or the confirmation of termination of the initial contract is sufficient as proof.
3.2 Monthly membership fee payments, consequences of non-payment
The membership fee is due monthly in advance, received by the 3rd of each month. In the event of late payment, in particular in the case of repetition, FIREBALL shall have the right to extraordinary termination without notice. If the member is in arrears with two months' membership fees, he/she is obligated to pay FIREBALL the total fees owed for the current contract period within 7 working days. Should the member still not pay on time, FIREBALL reserves the right to assign the claims to a collection agency. Any resulting costs shall be borne by the member.
3.3 Adjustment of the fee
If the costs for the provision of the contractually owed services of FIREBALL increase, for example due to an increase in maintenance costs, employee costs or an increase in sales tax, FIREBALL is entitled to increase the membership fee by a maximum of 5% within a calendar year, but for the first time after the expiry of the originally agreed contractual period. The member will be notified of such action in writing 30 days prior to the scheduled effective date of any increase. Such increase in the membership fee shall take effect from the beginning of the contract year following the date of such notification. If a cost increase exceeds 5% of the membership fee paid to date, the member may terminate the contract in writing within one month of receipt of such notification with a notice period of 4 weeks. In the event of termination, the member shall owe the membership fee applicable at that time until the termination of the contract.
3.4 Reduced membership fees
FIREBALL grants a reduction of the membership fee to pupils or students upon presentation of proof of the respective entitlement, e.g. certificate of enrollment, pupil ID, vocational school ID or training contract. In order to maintain the reduction, the member is required to submit proof of continued eligibility for the reduction within 4 weeks prior to the expiration of the reduction period. If such proof is not provided, the discount will cease to apply after the expiration of the agreed contract period and the regular membership fee must be paid.
Furthermore, FIREBALL grants members up to the age of 26 or from the age of 65 a reduction of the membership fee from the next renewal of the contract on presentation of suitable proof. If the condition for the reduction is no longer met, the reduction will no longer apply and the regular membership fee will have to be paid.
Individual types of reduction cannot be combined.
If a membership agreement is not terminated in writing no later than one month prior to the expiration of the current contract term, it will be extended by the contract term, but for no longer than 12 months at a time. Any free months granted to the member by FIREBALL shall extend the contract term accordingly. Notice of termination must be given in text form.
4.2 Early termination
The membership agreement may be terminated without notice by either contracting party for good cause. In the event of pregnancy or permanent incapacity for sports, the member is entitled to terminate the contractual relationship prematurely with a notice period of four weeks by submitting a medical certificate stating the permanent incapacity for sports.
Premature termination is also possible in the event of a change of residence of the member to a location outside Hamburg upon presentation of a confirmation of registration with a notice period of 4 weeks.
4.3 Premature termination
If the contractual relationship ends prematurely, the cardholder undertakes to pay FIREBALL a contribution (also) retroactively in the amount as if the contractual relationship had been concluded from the outset for this shorter term.
4.4 Suspension of the Agreement
Instead of an extraordinary termination in case of illness or pregnancy, the membership agreement can be suspended for a period to be determined in advance by mutual agreement upon presentation of a medical certificate. For the duration of the suspension of the contractual relationship, the member is exempt from the payment of membership fees and cannot make use of services in the KAIFU-LODGE. In addition, the contract period is extended by the suspension period, so that the date of the next possible termination of the contract by ordinary termination of membership is postponed by the duration of the suspension to a correspondingly later date.
Accordingly, FIREBALL may also agree on the suspension of the contract with the member in the event of a professional absence.
In this respect, however, the member is not exempt from paying the membership fees for the duration of the suspension of the contractual relationship, but the obligation to pay the membership fees is waived for the period by which the term of the contract and thus the next possible ordinary termination option is postponed.
In both aforementioned cases, the contract must be suspended for at least 2 weeks.
5. house rules
The member accepts the house rules posted in the KAIFU-LODGE and agrees to follow them. The present employees of FIREBALL are entitled to give instructions, as far as this is necessary for the maintenance of an orderly operation of the studio, the order and safety or compliance with the house rules. These instructions must be followed. In case of violation of the house rules and/or non-compliance with the instructions, FIREBALL reserves the right to terminate the membership contract without notice.
The use of all facilities, courses and offers of the KAIFU-LODGE is at your own risk.
FIREBALL is liable in case of injury to life, body and health only if the injury is due to negligent or intentional breach of duty. In the case of other damages, FIREBALL is only liable in the case of intent or gross negligence.
This limitation of liability also applies to actions of vicarious agents of FIREBALL.
7. data protection
FIREBALL collects, stores, processes, transmits and uses personal data of the member (including his photo) itself or through service providers bound by instructions, insofar as this serves the purpose of the contractual relationship or is necessary for the investigation of criminal acts.
FIREBALL collects master data of the member (name, address, telephone number, date of birth, place of birth, bank details) in order to fulfill its obligations arising from this contractual relationship. The member shall notify FIREBALL immediately of any changes regarding this master data.
The member agrees that his/her photo may be stored and/or printed on the card. Should the member object to such storage or printing, the member must always carry a photo identification document with him/her when using the KAIFU-LODGE facility. If no photo proof can be provided, access may be denied.
When entering the facilities of KAIFU-LODGE, date, time as well as member number of the member may be recorded. FIREBALL stores this data. In anonymous form, this data is also used to optimize training conditions.
Furthermore, voluntarily provided health data can be stored and processed, as far as the member wishes the creation of a training program.
FIREBALL monitors parts of the facility with video cameras and stores the recordings on a case-by-case basis, insofar as and as long as this is necessary in individual cases for the safety of its members and for the investigation of criminal offences. The circumstance of the observation and the person responsible are made recognizable by information signs.
As far as the member has given a separate consent, FIREBALL sends offers on services, promotions and events of the KAIFU-LODGE as well as those of our partners to the given e-mail address via an e-mail newsletter. The consent can be revoked at any time. All data will then be destroyed immediately.