A separate contract is entered into between the customer and Holmes Place for the “Personal Training” add-on service. This service is club-specific and cannot be transferred to other clubs.
a) Personal Training products are available in the form of a package (“Pack”) and a subscription. A “Pack” is a fixed-term usage agreement, during the term of which the member is entitled to participate in a fixed number of personal training sessions. To ensure the customer’s training optimization, as well as performance optimization and maintenance, a “Pack” is generally valid for a period in weeks equal to twice the number of training sessions (e.g., 4-session Pack = 8 weeks). The usage agreement is limited to twice the number of weeks corresponding to the package size. The package hours expire if they are not used within twice the number of weeks corresponding to the package size. Example: If a member purchases a 4-session package, any unused hours expire 8 weeks after the purchase date. The basic assumption here is that the member regularly participates in one personal training session per week. Since unforeseen circumstances can arise in daily life, the member is granted twice the time to exercise their contractual usage rights.
b) The personal training subscription has a minimum term of 4, 6, or 12 months, depending on the member’s choice. The personal training subscription entitles the member to a specified number of personal training sessions per calendar month, depending on the plan selected. Each training session lasts 60 minutes. For example, the VIP 4 plan includes 4 training sessions per month, and the VIP 8 plan includes 8 training sessions per month; this also applies to other plans with their respective agreed-upon number of training sessions per month. If the contract is not terminated with one month’s notice prior to the expiration of the selected contract term, it is extended indefinitely and may then be terminated at any time with one month’s notice. Unless otherwise specified in the supplementary agreement, the minimum term for a VIP subscription is generally 4 months.
c) Holmes Place will do its best to accommodate the member’s requests regarding specific trainers. However, the availability of certain trainers cannot always be guaranteed. After the member has purchased a membership or a package, a user profile is created for the member in the system. The member then coordinates with a staff member to schedule binding appointments for personal training. If the member has purchased a “package,” all sessions are generally scheduled immediately in accordance with the scope of services included in the package. If not all sessions can be scheduled immediately, the member will arrange a binding appointment with the staff member before the end of the contract term to finalize the remaining sessions.
d) The member must cancel a personal training session at least 24 hours in advance. If the customer fails to cancel a session in a timely manner through their own fault or fails to show up without prior notice through their own fault, the personal training session shall be deemed to have taken place if the booked trainer is unable to schedule a replacement session. The customer is expressly permitted to provide evidence that the booked trainer was able to schedule a replacement session or that the trainer negligently failed to do so. Cancellations and schedule changes for personal training sessions must primarily be made via the MemberWeb; if this is unavailable, notifications must alternatively be submitted via the club’s phone number or email. Cancellations may not be made via private channels (e.g., WhatsApp); personal trainers use WhatsApp only for private communication.
e) Members should notify the club of vacation periods in advance; this applies equally to packages and memberships. Notification must be provided via the communication channels specified in Section 4(d).
f) If the member is ill or prevented from attending a training session for comparable reasons beyond his or her control, the session will be rescheduled; the entitlement to the service remains in effect. If the entitlement to the service falls outside the contractual term, it must be used as soon as possible. The member must notify Holmes Place of the inability to attend without delay and provide appropriate proof; in the case of illness, for example, by submitting a doctor’s note.
g) Holmes Place may, at its sole discretion and as a gesture of goodwill, allow for a mutually agreed-upon suspension of the personal training contract (“Freeze”) during the minimum contract term. In this case, the mutual performance obligations under this contract will be suspended for a period to be determined in advance. Should the member wish to suspend the contract during the contract term, they may submit a request for suspension. In the event of a suspension agreement, the expiration of the remaining contract term is deferred, such that, upon expiration of the suspension period, the remaining term existing at the beginning of the suspension period must be fulfilled. Rights to terminate the contract for cause remain unaffected by this provision.
h) Members who use the subscription must use their personal training sessions within the respective calendar month or the following month. At the end of the second month following the session’s date, the right to use the previous month’s personal training sessions expires (example: VIP4 sessions from October expire at the end of November). PT package sessions expire if they are not used within twice the number of weeks equal to the package size. Example: The 4-session package is valid for 8 weeks from the date of purchase. Any unused sessions expire 8 weeks after the date of purchase. The foregoing does not apply if the member is not at fault for being unable to use the personal training sessions due to an inability to exercise resulting from illness or other verifiable reasons, and can provide proof of this through a corresponding medical certificate or other verifiable documentation.
i) Personal training sessions that are due but which the member cannot use themselves may be transferred to friends and family.
j) For clarification, only the VIP Starter plan with a 4-month term is offered as the “Express” option. With the “Express” option, the duration of personal training sessions is only 30 minutes instead of 60 minutes.
k) Cancellations and freezes must be submitted via the website. Notwithstanding this, cancellations in writing are permitted.
Holmes Place Health Clubs GmbH
Charlottenstr. 65, 10117 Berlin, Germany
HRB 137833B - Charlottenburg Local Court
Managing Director: Doron J. Dickman
Authorized representatives: Michael Kuhlen, Christina Pflaumbaum