General Terms and Conditions of IMPACT Martial Arts AG (GTC)

1. Scope, Changes to GTC

The General Terms and Conditions (GTC) govern the legal relationship between the member on the one hand and IMPACT Martial Arts AG, Josefstrasse 92, 8005 Zurich, on the other hand (hereinafter "IMPACT").

The member acknowledges that changes to the GTC are reserved. Changes to the GTC will be communicated to members in a timely and appropriate manner.

 

2. Offer

IMPACT offers group training, personal training, or seminars. IMPACT provides various memberships and services in this regard. The offers and their prices depend on the chosen membership. Membership is personal and non-transferable.

3. Memberships "Membership 1 to 5+" and "Membership 10-Class Card"

IMPACT offers the memberships "Membership 1 to 5+" and "Membership 10-Class Card." There is the possibility of an upgrade for an existing "Membership 1 to 4," whereby the current contract will be terminated and a new contract will be concluded.

IMPACT offers the memberships "Membership 1 to 5+" and "Membership 10-Class Card." There is the possibility of an upgrade for an existing "Membership 1 to 4," whereby the current contract will be terminated and a new contract will be concluded.

The memberships "Membership 1 to 5+" with a contract duration of at least six months can be paused for one to three months (per contract year). This must be communicated in writing by email to info@impact-martialarts.com before the start of the pause. Invoices will continue normally. The paused period will be credited free of charge at the end of the contract term. In case of non-use, there is no claim.

In the case of a justifiable reason on the part of the member (illness, pregnancy, accident, military service, long-term stay abroad, further education, relocation) which interrupts the training for at least three months, the contract can be terminated extraordinarily.

The member has no right to compensation or reimbursement of the paid amount if IMPACT cannot provide its services due to reasons beyond its control (force majeure, epidemic, pandemic, etc.). If services are not provided for at least one month, the contract term will be extended accordingly.

 4. Participation in Training

a) Requirements

Participation in training is subject to the following requirements:

1. Physical fitness: The member is responsible for assessing their physical fitness. Injuries and physical or psychological impairments must be reported to the leading trainer no later than before the start of training. By participating in training, the member confirms that they are in good health. 

2. Safety and consideration: The member considers others and acts to the best of their knowledge and belief to ensure the safety of all. Participation in training under the influence of drugs is not allowed. 

Participation in training is prohibited for members with symptoms of illness, suspected contagious disease, and/or (officially or self-imposed) quarantine. The risk of infection cannot be completely excluded even when hygiene rules are followed. IMPACT excludes any liability in this regard.

b) Training times

When concluding the "Membership 1 to 4" memberships, the member can flexibly participate in the corresponding number of training sessions per week for their category (gender and level) and is not bound to specific weekdays and times. If the full number of training sessions is not used within a week, the weekly quota expires and is reset on Monday.

With the "Membership 5+," the member can participate in any number of training sessions in their category (gender and level).

When concluding the "Membership 10-Class Card" membership, the member can flexibly participate in the corresponding number of training sessions per week for their category (gender and level) and is not bound to specific weekdays and times. Each training session used will deduct one point from the 10-Class Card. After using the 10 training sessions, the membership expires. If unused, the remaining quota of the card expires six months after the contract start.

 c) Holidays and Public Holidays

The member acknowledges and accepts that the studio is closed from Monday to Sunday in calendar weeks 31 and 32 in August and calendar weeks 52 and 1 in December due to vacation absence and on public holidays of the Canton of Zurich. The monthly fee of the memberships remains unaffected and continues normally.

5. Audio, Image, and Video Recordings

The member agrees that audio, image, and video recordings may be made during training. The recordings can be used by IMPACT for internal purposes and its marketing (website, Instagram, Facebook, TikTok, LinkedIn, etc.). 

The member may refuse audio, image or video recordings that concern them in individual cases or in general. IThe member can refuse audio, image, or video recordings of themselves in writing by email when concluding the contract. In the case of refusal, no recordings will be made of the member, or existing recordings will be deleted.n the event of refusal, no recordings will be made by the member or recordings already made will be deleted.

6. Information about WhatsApp groups

The member acknowledges and expressly agrees to receive information about training, etc., via IMPACT WhatsApp groups. IMPACT may create additional groups at any time.

  7. Disclaimer of Liability

To the extent permitted by law, IMPACT excludes all liability for direct and indirect damages. The use of IMPACT's offers, particularly participation in courses, is at the member's own risk. It is the member's responsibility to take out insurance. 

IMPACT is not liable for the loss of personal effects, valuables, money, clothing, etc.

8. Instructions

The member is obliged to follow the staff's instructions. In the case of gross or repeated violations of the staff's instructions, IMPACT is entitled to issue a written warning to the member and, in the event of further violations, to impose a house ban and terminate the contract with immediate effect. The member has no contractual claim for reimbursement.

9. Data Protection

The processing of personal data related to IMPACT's subscribers is subject to the separate privacy policy. The privacy policy is available online at www.impact-martialarts.com. By concluding a contract, the member accepts the processing of their personal data in accordance with the privacy policy.

10. Applicable Law and Jurisdiction

These GTC and the memberships concluded under them are exclusively subject to substantive Swiss law, to the exclusion of the conflict of law rules of international private law.

The exclusive place of jurisdiction for all disputes arising from or in connection with these GTC and the memberships is Zurich, Switzerland.