1. Scope
David’s Fitnesscenter GmbH operates David’s Fitnesscenter. These Terms and Conditions are binding for every member of David’s Fitnesscenter for the use of the facility and all its amenities.
2. Current General Contractual Terms
By using the facility, the member agrees to the Terms and Conditions. David’s Fitnesscenter GmbH reserves the right to change the Terms and Conditions as needed. The current contractual terms can always be viewed on fitness247.ch or requested from staff at the reception of David’s Fitnesscenter GmbH. It is the member’s responsibility to stay informed about the current Terms and Conditions.
3. Membership
3.1. Membership is personal and transferable only with the express confirmation of a David’s Fitnesscenter GmbH employee.
3.2. During unstaffed hours, bringing in individuals who are not members of David’s Fitnesscenter GmbH is strictly prohibited. In case of violations, the member is liable for damages amounting to CHF 2,500. David’s Fitnesscenter GmbH reserves the right to claim higher amounts of damages.
3.3. Minors must bring the signed consent form for minors from all parties before the first contract is concluded. The consent form for minors is an addendum to the Terms and Conditions and does not override the standard Terms and Conditions. David’s Fitnesscenter GmbH disclaims any liability for consequential damages. If the subscription is not paid within the set deadline or if minor members cause damage, the parents are fully liable (see 8.3).
3.4. Ongoing memberships cannot be terminated. Exceptions include: relocation of the member (see 12), medical accident/illness certificates (see 11), or bans from the premises (see 14).
3.5. David’s Fitnesscenter GmbH reserves the right to introduce limits on the number of members or to refuse to conclude contracts with potential customers without stating reasons.
3.6. Membership contracts with a term of 12 months (annual subscription) automatically renew for another 12 months after the contract period expires, unless written notice of termination is given at least one month before the end of the respective contract period.
4. Offer
All subscriptions listed on our price list include the use of David’s Fitnesscenter GmbH’s weight room during operating hours. The offer and prices can be changed by the operator at any time. No rights to refunds can be derived from these changes.
5. Badge
Members receive a badge upon signing the contract, which grants them autonomous access. A fee of CHF 20 is payable for the badge. The member is liable for the loss of the badge and any damages caused by access with this badge. The loss of the badge must be reported immediately. In case of loss or defect of the badge, the fee must be paid again.
6. Health Condition
The operator recommends that all potential members who have had operations or a serious illness in the last two years undergo a medical examination to assess their physical capacity. Anyone who feels restricted in daily life should also get checked to ensure incident-free training.
7. Payment
7.1. Payment options are cash, Twint, credit card, or payment slip. For payment by payment slip, payment must be made within 30 days of starting training, after which a payment reminder will be sent.
7.2. If payment is not made within the set deadline of the payment reminder, David’s Fitnesscenter GmbH will transfer all payment claims to Lixt® debt collection agency. At this point, the entire outstanding amount becomes due. The badge will be blocked until full payment is received. This does not create any right to a rent reduction or an extension of the training period.
7.3. If installment payment is selected, the consent form for installment payment must also be completed and signed.
8. Liability
8.1. Use of the facility is at your own risk. Any liability for damages from accidents, injuries, or illnesses is excluded for the operator or its employees. Appropriate insurance is the responsibility of the member.
8.2. Children (except those with a Kids subscription) are not permitted to enter our fitness center. We ask all members to leave their children at home. We assume no liability for accidents.
8.3. The member is liable to David’s Fitnesscenter GmbH for damages caused by improper use. Parents are fully liable for their children.
8.4. David’s Fitnesscenter GmbH disclaims any liability for theft. The owner is responsible for the security of items, whether deposited or not. It is the owner’s responsibility to arrange appropriate insurance.
8.5. Public parking spaces are subject to a fee. We are not liable for any parking fines.
9. Opening Hours
David’s Fitnesscenter GmbH expressly reserves the right to change opening hours. Reduced opening hours do not give rise to a right to rent reduction. For operationally necessary closures (maintenance, construction work, or renovations), there is no right to reimbursement or extension of membership.
10. Non-use
Non-use of the facility, amenities, or courses does not entitle the member to a rent reduction or a refund of the paid rent or outstanding payment demands.
11. Timestop
11.1. Under certain circumstances, it is possible to freeze the subscription (timestop). The agreed-upon time will be fully credited to the subscription. The timestop must be at least four weeks.
11.2. A timestop can be requested after holidays or after a period of inability to train. The timestop request must be made within two weeks of returning.
11.3. Refunds for absences are excluded. The time can be credited but not paid out. In case of misuse of the timestop, David’s Fitnesscenter GmbH reserves the right to immediately withdraw from the contract and terminate the membership without a refund.
12. Refunds
Refunds are only possible in the event of a member’s relocation if the new place of residence is more than 30 km from David’s Fitnesscenter. In such cases, the amount for the remaining term will be paid out after deducting a processing fee of CHF 50. A copy of the new residence certificate must be submitted.
13. Data Protection
13.1. The entrance and the entire training area are under video surveillance. This serves the safety of members and the investigation of property damage or theft. All recordings are stored for a limited time only before being automatically overwritten.
13.2. All members receive a badge upon entering for training, which grants them independent access to the facility. All entry times are recorded electronically.
13.3. In the event of reported thefts or property damage, only the most necessary data will be passed on to the investigative authorities. In all other cases, no data will be passed on.
14. Violations, Ban from Premises
Gross or repeated violations of the Terms and Conditions, house rules, or instructions from staff may result in immediate termination of membership or even a ban from the premises. The owners and employees of the operator reserve the right to determine the duration of members’ stay or the termination of rental agreements themselves. There is no right to refunds under these circumstances. In case of violations, especially through misuse of the membership card, criminal charges remain reserved.
15. Changes to the Terms and Conditions or Club Rules
The member acknowledges that changes to the Terms and Conditions and the club rules are reserved by the operator. It is the member’s responsibility to stay informed about the currently valid Terms and Conditions and club rules. Members cannot derive any rights from changes to the Terms and Conditions or club rules.
16. Place of Jurisdiction
The place of jurisdiction is Lucerne.
Last updated: 2025-09-10
