AGB
General Terms and Conditions
Miriam Saroos
Pole and Move
Neckarauer Waldweg 36
68199 Mannheim
- hereinafter referred to as "provider" or "us" -
§ 1 General, clientele and language
(1) All offers, purchase contracts, deliveries and services based on orders placed by our customers via our online shop, in our studios or in any other way are subject to these General Terms and Conditions.
(2) Our offer is aimed at private customers and companies.
(3) The contracts with the customer are concluded in German.
§ 2 Course programme and booking
(1) The range of courses includes pole dance, chair dance, aerial hoop courses, stretching courses and online courses. The exact course times and content will be announced on our website.
(2) Courses can be booked directly via the Eversports system.
(3) Registration for individual courses, taster courses or trial packages takes place via the website, by email or via Whatsapp.
(4) Participation in courses is only possible after prior booking.
(5) Participation in courses requires that the customer is healthy and has no health restrictions. It is recommended to seek medical advice before starting a course.
§ 3 Prices and payment modalities
(1) Our prices include the statutory value added tax.
(2) Payments for single tickets, taster courses and trial packages can be made via PayPal or by bank transfer to our specified account. Please state your name and the booked service in the reason for payment.
(3) For contracts, payment is made by SEPA direct debit, unless otherwise agreed. Payments for contracts with a term of 2 months, 12 months or 24 months are collected monthly in advance.
(4) Payments shall be made no later than the due date.
§ 4 Cancellation conditions
(1) A course can be cancelled free of charge up to 24 hours before the start of the course. In case of later cancellation, the full amount of the course is due.
(2) with the exception of designated workshops, which have specific cancellation conditions
§ 5 Liability
Disclaimer: Member claims for damages are excluded to the extent permitted by law. This does not apply to claims for damages arising from injury to life, limb or health or for the breach of essential contractual obligations (cardinal obligations).
Liability for gross negligence or intent: Also excluded is liability for damages caused by wilful or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents.
Material contractual obligations: Essential contractual obligations are those whose fulfilment is necessary to achieve the purpose of the contract. In the event of a breach of material contractual obligations, the provider shall only be liable for foreseeable damage typical of the contract caused by simple negligence, unless the member's claims for damages are based on injury to life, limb or health.
Third party liability: The above exclusions and limitations of liability also apply in favour of the bodies, legal representatives, employees and other vicarious agents of the provider.
Exceptions: These limitations of liability do not apply if the provider has fraudulently concealed a defect or has assumed a guarantee for the quality of the item. The same applies if the provider and the member have reached an agreement on the quality of the item.
Product Liability Act: The provisions of the Product Liability Act remain unaffected.
Participation at your own risk: Participation in our courses and events is at the member's own risk. The member declares that they are aware of the risks associated with participating in physically strenuous activities.
Liability for improper use: We accept no liability for damage caused by improper use of the course programmes. The member undertakes to follow the instructions of the course instructor and to use the courses in accordance with the guidelines.
Liability for personal belongings: We are not liable for lost or damaged personal items, including clothing and valuables, while attending classes or in our studios.
Limitation of liability: Our liability is limited to cases of gross negligence or intent. We shall only be liable for slight negligence in the event of a breach of material contractual obligations.
Health of the participant: We accept no liability for the health of the participant. The member is obliged to seek medical advice before participating in the courses if necessary, especially in the case of health concerns or existing physical limitations.
§ 6 Image and video rights: Copyright
Any teaching materials made available, including photos and videos, represent personal intellectual creations of the provider and are subject to the applicable copyright law. The use of this content is only permitted for private, non-commercial purposes. Reproduction, distribution or any other use of the copyrighted content, including passing it on to third parties, requires the prior written consent of the provider.
It is prohibited to film or record other persons during the courses or events without the prior written consent of the provider. If permission is granted, care must be taken to ensure that no other participants are recorded without their express permission.
If recordings from the course rooms are published on social networks such as Facebook or Instagram, the provider (Pole and Move) must be named accordingly and, if available, linked to its public account.
The right of the provider to assert further claims for damages remains unaffected.
§ 7 Special regulations for memberships
(1) Memberships have the term specified in the contract. Cancellation is only possible under the conditions agreed in the contract.
(2) Membership is automatically renewed unless cancelled in due time.
(3) In the event of cancellation of membership, the remaining amount for services already paid will not be refunded.
(4) Irrespective of any existing rights to extraordinary cancellation of the contract, members can apply to us for a non-contributory break ("suspension") of membership if they are prevented from attending courses.
(5) A shutdown may be granted in the event of illness, pregnancy, professional absence or any other reason not foreseeable at the time the contract was concluded, if this prevention is expected to last at least one month.
(6) A suspension can only be granted for full months of membership.
(7) The basic term of the contract shall be extended by the length of the break.
§ 8 Right of cancellation
(1) Consumers generally have a statutory right of cancellation when concluding a distance selling transaction, which is described in detail in our cancellation policy.
(2) The right of cancellation does not apply to courses or events that have already been used.
§ 9 Changes to the course schedule
(1) The course schedule is subject to change at any time. New timetables will be communicated by Pole and Move in advance via the homepage and social media.
(2) Changes to the course schedule do not entitle the customer to a refund or replacement.
(3) Registered customers will be informed of course cancellations as soon as possible. The cancelled course can be made up for on another date.
§ 10 Final provisions
(2) There are no verbal collateral agreements.
(3) The law of the Federal Republic of Germany shall apply.
(4) The place of jurisdiction for all disputes arising from this contract is the registered office of the provider, provided that the customer is a merchant.