General terms and conditions

1. Scope and contracting parties

Diese AGB gelten für sämtliche Abonnements, Eintritte und sonstigen Nutzungen der Räumlichkeiten, Einrichtungen und Trainingsgeräte von CORE GYM am Standort Sursee.

Vertragspartner des Mitglieds ist:

Core Gym 24 AG Leidenbergstrasse 1a 6208 Oberkirch Schweiz

E-Mail: info@coregym.ch UID: CHE-251.347.082

Abweichende oder ergänzende Vereinbarungen gelten nur, wenn sie von CORE GYM ausdrücklich bestätigt wurden.

Die jeweils gültige Hausordnung sowie Sicherheits- und Benutzungshinweise im Studio bilden ergänzende Bestandteile des Nutzungsverhältnisses.

2. Conclusion of contract and SportsNow

Memberships can be taken out in particular via the CORE GYM website at coregym.ch/abos and the SportsNow AG platform embedded there.

A personal user account is required in order to use SportsNow.

The contract for the use of the gym is concluded exclusively between the member and CORE GYM. SportsNow provides in particular technical services in connection with the conclusion of the contract, payment processing and access administration. SportsNow's own provisions additionally apply to the use of the SportsNow user account.

The contract with CORE GYM is concluded as soon as the purchase has been completed successfully and confirmed to the member.

The member is obliged to provide truthful and complete information when registering and to keep it up to date for the duration of the contract. Changes, in particular of name, address, e-mail address or other details relevant to the contract, must be updated in the SportsNow account.

Memberships are personal and must not be transferred to or used by other people.

3. Prices and payment terms

The prices published at the time the contract is concluded apply. All prices are in Swiss francs (CHF) and, where applicable, include statutory VAT.

The membership price is payable in advance as a rule.

Payment is processed via the means of payment or payment service providers offered during the ordering process, in particular Stripe or TWINT. Payment and credit card details are, as a rule, processed directly by the respective payment service provider.

If a payment due cannot be processed successfully or if an amount remains outstanding, CORE GYM is entitled to block access to the gym temporarily until payment has been made in full.

CORE GYM may change the prices of memberships concluded in the future at any time. Price changes have no effect on memberships already fully concluded during their agreed term.

Promotional prices, vouchers and other discounts apply exclusively in accordance with the conditions communicated in each case. They cannot be combined unless expressly stated otherwise.

4. Contract term, end of contract and refunds

The membership begins on the start date agreed at the time of purchase and runs for the contract term chosen.

The membership ends automatically when the agreed term expires. No notice of termination is required.

There is no automatic renewal. Continued use of the gym requires a new membership.

Pausing or suspending the membership is generally not possible.

Memberships that are not used, or used only in part, generally give rise to no claim to a refund or a reduction of the membership price. Mandatory statutory claims and the rules under section 10 remain reserved.

Under Swiss law there is no general statutory right of withdrawal for ordinary contracts concluded online. CORE GYM grants no voluntary right of withdrawal or rescission unless expressly stated otherwise for the offer concerned.

5. Minimum age and minors

Use of CORE GYM is generally possible from the completed age of 16.

People under 18 may take out a membership only with the prior consent of their legal representative. CORE GYM is entitled to require proof of age and the consent of the legal representative before activation or during the term of the contract.

By giving consent, the legal representative confirms that they agree to the conclusion of the membership and to the independent use of the gym by the minor.

For safety reasons, CORE GYM may set specific access times or usage restrictions for members who are minors and communicate them accordingly.

6. Access and personal QR code

Regular access to the gym is granted via the personal QR code in the SportsNow app.

The QR code, or the personal access authorisation, may be used only by the authorised member. Passing it on to third parties is prohibited.

In particular, it is prohibited:

— to make your personal QR code available to other people; — to check in another person with your own access; — to take people without valid access authorisation into the gym through the entrance door or to give them access in any other way; — to manipulate or circumvent access or security systems.

In the event of a proven breach of these provisions, CORE GYM may demand a contractual penalty of CHF 500 per breach.

Claims for any proven damage beyond that remain reserved. CORE GYM may additionally block access or, in the event of serious or repeated breaches, take measures under section 13.

The loss of access or any suspicion of misuse of the user account or QR code must be reported to CORE GYM without delay.

7. House rules and conduct in the gym

Members must show consideration for other people, for the facilities and for the training equipment.

In particular, the following basic rules apply:

01 — Do not pass your access on to third parties 02 — Wear clean sports shoes 03 — Use a towel 04 — Clean or disinfect machines after use 05 — Put the weights back after use 06 — Tidy away the equipment 07 — Show consideration for other members 08 — Respect and fair play

In addition, the safety, hygiene and usage notices displayed in the gym as well as legitimate instructions from CORE GYM staff apply.

Smoking and vaping are prohibited indoors.

Training under the influence of alcohol, illegal drugs or other substances that may impair the safe use of the equipment is prohibited.

The possession, consumption, trade or passing on of illegal substances and prohibited doping agents in the gym is forbidden and may lead to immediate exclusion.

Aggressive, threatening, discriminatory, harassing or otherwise unacceptable behaviour towards other members, staff or third parties is not tolerated.

Escape routes, emergency exits, fire extinguishers and other safety equipment must remain freely accessible at all times and must not be manipulated or used for any other purpose.

8. Training, health and personal responsibility

The training facilities are used at the member's own responsibility.

CORE GYM is a 24/7 gym. For a substantial part of the opening hours there is no staff on site. Members acknowledge in particular that it is not guaranteed that CORE GYM staff will be present in an emergency.

Each member is responsible for assessing before training begins — or, in case of doubt, for having it clarified medically — whether their state of health permits the intended physical activity.

In the case of health complaints, pre-existing conditions, injuries, during pregnancy or after longer breaks from training, we recommend seeking medical advice before starting to train.

If pain, dizziness, shortness of breath, circulatory problems or other unusual complaints occur during training, training must be stopped immediately and medical help must be called if necessary.

Training equipment may be used only as intended and in accordance with the instructions provided.

Recognisable defects or damage to equipment and facilities must be reported to CORE GYM as promptly as possible. Equipment that is obviously damaged or cannot be used safely must not be used.

9. Emergencies and safety

Members are obliged to observe the safety markings, escape routes and emergency exits.

In medical emergencies, the emergency medical dispatch centre must be alerted immediately where necessary on the telephone number 144.

In the event of fire, the fire brigade must be alerted on the telephone number 118.

Emergency exits and escape routes may be used only for their intended purpose.

First-aid equipment, fire extinguishers, defibrillators (AED) and other safety equipment provided must not be manipulated or used improperly.

In the event of an evacuation or any other emergency, the instructions of staff, emergency services, the fire brigade and the police must be followed.

10. Opening hours, interruptions and closures

CORE GYM is generally accessible 365 days a year, around the clock.

CORE GYM may temporarily restrict or close operations or individual areas, in particular for maintenance work, cleaning, repairs, technical faults, conversion work, safety measures or for other objective reasons.

Short-term interruptions of operations and the temporary unavailability of individual machines, facilities or areas generally give rise to no claim to a price reduction, an extension or a refund.

If a complete closure of the gym for which CORE GYM is responsible lasts longer than 14 consecutive days, the current membership is generally extended by the duration of the complete closure.

In the event of circumstances beyond CORE GYM's reasonable control, in particular force majeure, official orders, natural events or comparable extraordinary circumstances, any claims are governed by the mandatory statutory provisions. In such cases CORE GYM endeavours to find an appropriate and practicable solution.

11. Liability and insurance

CORE GYM is liable within the scope of the statutory provisions for damage caused by intentional or grossly negligent conduct on the part of CORE GYM.

To the extent permitted by law, liability for slight negligence is excluded.

Mandatory statutory liability provisions remain reserved.

Members are themselves responsible for having sufficient insurance cover, in particular against accident and illness.

CORE GYM accepts no liability, to the extent permitted by law, for personal items that members bring into the gym. This applies in particular to the loss, theft or damage of valuables, clothing, mobile phones or other personal items.

Members are responsible for damage they culpably cause to CORE GYM or to third parties.

12. Video surveillance and data protection

In order to protect people and property and to prevent and investigate unauthorised access, theft, vandalism and other security-relevant incidents, certain areas of CORE GYM may be subject to video surveillance.

Areas under video surveillance are marked accordingly.

Areas in which members may expect particular protection of their privacy, in particular toilets and changing areas, are not subject to video surveillance.

Video recordings are stored only for as long as is necessary for the respective purpose and permissible under data protection law. If there is a legitimate reason to preserve evidence because of a specific incident, the recordings concerned may be kept until the incident has been clarified or settled.

Only duly authorised people have access to video recordings. They are passed on only to the extent legally permissible or necessary, in particular to the competent law enforcement or other authorities.

CORE GYM also processes the personal data required for contract handling, payment processing, access control, security and customer administration.

Further information on the processing of personal data, on the service providers used, on retention periods and on the rights of data subjects can be found in the current privacy policy at coregym.ch/datenschutz.

13. Breaches of contract, access blocks and bans

In the event of breaches of these terms, the house rules or legitimate safety instructions, CORE GYM may take appropriate measures.

Depending on the nature and severity of the breach, a warning, a temporary access block, the termination of the contract without notice or a ban from the premises may in particular be imposed.

An immediate block or exclusion is considered in particular in the case of serious breaches, for example:

— unauthorised passing on of the access authorisation; — enabling access for people who are not authorised; — theft or damage to property; — violence, threats or significant harassment of other people; — serious endangerment of other members; — manipulation of security or access systems; — trade in or passing on of illegal substances or prohibited doping agents; — repeated significant breaches of the house rules.

Where the contract is justifiably terminated without notice because of a serious breach for which the member is responsible, there is generally no claim to a refund of the membership price already paid. Mandatory statutory claims remain reserved.

14. Photographs, video recordings and commercial use

Photographs and video recordings for private purposes are permitted only to the extent that other people are not affected and their personality rights are respected.

Other members, staff or other people must not be deliberately photographed or filmed without their consent.

Recordings for commercial, advertising or professional purposes require the prior consent of CORE GYM.

The commercial provision of personal training, coaching, classes or other paid services on CORE GYM premises is prohibited without the prior express consent of CORE GYM.

The same applies to commercial advertising, the sale of goods or services and the active solicitation of customers inside the gym.

15. Changes to these terms

CORE GYM may amend these terms at any time for contracts concluded in the future.

For a membership already concluded, the version of the terms that became part of the contract at the time of conclusion generally applies.

For newly concluded memberships, the version published at the relevant time applies.

Mandatory statutory provisions remain reserved.

16. Applicable law, place of jurisdiction and final provisions

Swiss law applies to the contractual relationship between CORE GYM and the member.

The statutory places of jurisdiction apply to disputes. To the extent that an agreement on jurisdiction is legally permissible, the place of jurisdiction is Sursee, canton of Lucerne.

Should individual provisions of these terms be wholly or partly invalid or unenforceable, the remaining provisions remain unaffected.

CORE GYM — 24/7 fitness in Sursee

Öffnungszeiten Studio: Montag–Sonntag: 24 Stunden / 7 Tage

Betreute Zeiten: Montag–Freitag: 17:00–19:00 Uhr

Zutritt: Persönlicher QR-Code über die SportsNow App

Adresse Studio: Leidenbergstrasse 1a, 6208 Oberkirch

Kontakt: info@coregym.ch