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Terms & Conditions

PEAK FIT

General Terms and Conditions

Contractual Partner:

Edizon Gym GmbH

trading as: Peak Fit

Waldeckstraße 49
79400 Kandern, Germany

E-Mail: info@peak-fit.de
WhatsApp: +49 7626 5519949

Management: Peak Fit Management Team

Version: 25/08/2026 

1. Scope and Contractual Partner

1.1 These General Terms and Conditions ("Terms") apply to all membership agreements concluded between Edizon Gym GmbH, trading as Peak Fit ("Peak Fit", "we", "us") and the respective member ("Member", "you").

1.2 These Terms apply to all membership types offered by Peak Fit.

1.3 The gym is located at:

Waldeckstraße 49, 79400 Kandern, Germany.

1.4 The individual membership agreement, including the selected membership tariff, applicable price, minimum contractual term and any separately booked services, forms part of the contractual relationship together with these Terms.

1.5 In the event of any conflict between an individual membership agreement and these Terms, the individual membership agreement shall take precedence to the extent legally permissible.

2. Membership and Conclusion of Contract

2.1 Membership is personal and may not be transferred to another person.

2.2 The membership contract becomes effective when the membership agreement has been properly concluded by the parties and begins on the agreed start date.

2.3 Membership may begin immediately or on another agreed date.

2.4 If the membership begins during a calendar month, the membership fee for that month will be calculated on a pro-rata basis.

2.5 If the membership ends during a calendar month, the final month's membership fee will likewise be calculated on a pro-rata basis where applicable.

2.6 Peak Fit reserves the right to refuse a membership application where objectively justified reasons exist relating to the safety, security or orderly operation of the facility, including serious documented previous misconduct toward Peak Fit, its employees, contractors or members.

2.7 Any refusal of membership will be made in accordance with applicable law and without unlawful discrimination.

3. Minors

3.1 Persons under the age of 18 may become members only with the involvement and consent of their legal guardian.

3.2 The minor and their legal guardian must complete and sign all documents required by Peak Fit before the membership begins.

3.3 Peak Fit may impose additional reasonable safety requirements or restrictions for minors.

4. Trial Membership

4.1 Peak Fit offers a free one-day trial pass.

4.2 The trial pass is subject to availability and Peak Fit's applicable trial conditions.

4.3 A trial pass does not automatically create a paid membership contract.

5. Membership Tariffs and Prices

5.1 Peak Fit offers different membership tariffs depending on the selected membership type and contractual duration.

5.2 The applicable membership price is the price stated in the individual membership agreement or applicable tariff selected by the Member.

5.3 The individual membership agreement shall state the applicable recurring membership fee, minimum contractual term and, where legally required, the total price payable during the minimum contractual term.

5.4 Additional applicable charges, including the starter pack and service fee, shall be clearly disclosed before the membership agreement is concluded.

5.5 The AGB themselves do not constitute a price list.

5.6 The price applicable to an existing Member is the price agreed in their individual membership agreement, subject to legally permissible changes.

6. Starter Pack and Service Fee

6.1 A one-time starter pack fee applies where stated in the individual membership agreement.

6.2 Following the initial starter pack, a service fee ("Service Pauschale") is charged every six months, where applicable to the selected membership tariff.

6.3 Applicable fees will be communicated to the Member before conclusion of the membership agreement.

6.4 Where legally required, applicable fees shall be included in the total-price calculation for the minimum contractual term.

7. Additional Services

7.1 Peak Fit may offer additional services separately from the standard membership.

7.2 Such services may include Personal Training, EMS training and other fitness-related services.

7.3 A one-time Personal Training session is available for an agreed upon price at booking.

7.4 EMS training and other optional services are charged separately according to the applicable price communicated to the Member before booking.

7.5 Optional services are not included in the standard membership fee unless expressly stated otherwise.

8. Payment

8.1 Membership fees are due at the beginning of each month in accordance with the payment schedule stated in the individual membership agreement.

8.2 Accepted payment methods include:

  • SEPA direct debit;

  • credit card; and

  • debit card.

 

8.3 Members are responsible for ensuring that their selected payment method is valid and that sufficient funds are available when payment is due.

8.4 Peak Fit may use Finion Capital GmbH as a payment and billing service provider for the processing of membership payments and returned direct debits.

8.5 If an amount due is not successfully collected, Peak Fit may issue reminders and may use appropriate payment and debt-collection services.

8.6 Outstanding claims may be transferred to or handled by Finion FairPay GmbH or another legally authorized debt-collection service provider.

8.7 Peak Fit does not charge an additional fee specifically for a failed payment. This does not affect any legally recoverable third-party costs or statutory costs that may arise.

8.8 If membership payments remain outstanding, Peak Fit may temporarily block the Member's gym access, including QR-code access through the MySports app and/or wristband access, until the outstanding amount has been paid or another arrangement has been agreed.

8.9 Blocking access because of non-payment does not automatically release the Member from payment obligations that have already become due.

8.10 Peak Fit will not automatically make all future membership fees immediately due solely because of a payment default unless such acceleration is permitted by applicable law.

9. Gym Access

9.1 Members may access Peak Fit using a personal QR code provided through the MySports app and/or a personal wristband issued by Peak Fit.

9.2 Access credentials are personal and may not be shared, lent, copied or otherwise made available to another person.

9.3 Allowing another person to enter the gym using a Member's access credentials is prohibited.

9.4 Peak Fit may temporarily deactivate access credentials where there is a reasonable suspicion of unauthorized use, non-payment, misuse or a serious breach of these Terms or the Gym Rules.

9.5 Memberships and access rights are not transferable.

10. Opening Hours

10.1 Peak Fit's regular opening hours are:

05:00 – 23:00 daily.

10.2 Peak Fit may temporarily restrict or close access for maintenance, repairs, safety reasons, emergencies or other legitimate operational reasons.

10.3 Where reasonably possible, Members will be informed of planned closures or significant restrictions in advance.

11. Gym Rules and Member Conduct

Members must behave responsibly and respectfully toward other Members, staff and gym property.

11.1 A towel must be used when training on equipment or benches.

11.2 Weights and other equipment must be returned to their designated place after use.

11.3 Weights must not intentionally be dropped or thrown.

11.4 Gym equipment must be used appropriately and for its intended purpose.

11.5 Only clean indoor sports shoes may be used in the training area.

11.6 Cardio equipment is thoroughly disinfected and sweat removed after use.

11.7 Smoking is prohibited throughout the Peak Fit premises.

11.8 Alcohol and illegal drugs are prohibited on the premises.

11.9 Violence, threats, harassment, abusive conduct and serious disruption of other Members' training are prohibited.

11.10 Members must follow reasonable safety instructions given by Peak Fit staff.

11.11 Deliberate or negligent misuse of gym equipment or property may result in liability for damage to the extent permitted by law.

12. Security and Video Surveillance

12.1 Peak Fit uses security measures including video surveillance for safety and security purposes.

12.2 Video surveillance is operated in accordance with applicable data protection and privacy laws.

12.3 Further information concerning video surveillance, personal data processing, storage periods and Members' rights is contained in Peak Fit's separate Privacy Policy / Datenschutzerklärung.

12.4 Video surveillance does not replace the Member's obligation to behave safely and responsibly.

13. Health, Training and Personal Injury Risk

13.1 Members are responsible for ensuring that they are physically capable of participating in fitness activities and using the equipment provided.

13.2 Members should seek appropriate medical advice where they have concerns about their ability to exercise or have relevant health limitations.

13.3 Exercise and the use of fitness equipment involve inherent personal risks, including the possibility of physical injury.

13.4 Members must use equipment responsibly and follow safety instructions.

13.5 Peak Fit is not liable for injuries or damage caused by circumstances outside Peak Fit's responsibility or control, to the extent legally permissible.

13.6 Nothing in these Terms excludes or limits liability for intent, gross negligence, injury to life, body or health, or any other liability that cannot legally be excluded or limited.

14. Lockers and Personal Belongings

14.1 Lockers are provided to Members free of additional charge.

14.2 Members should use an appropriate lock to secure their locker and personal belongings.

14.3 Lockers may not be used overnight.

14.4 Members must remove their belongings from lockers before leaving the gym for the day.

14.5 Peak Fit may open or clear lockers that have been used overnight, abandoned or where this is reasonably necessary for operational, safety or hygiene reasons.

14.6 Members are responsible for their personal belongings. Peak Fit's liability is governed by the mandatory provisions of applicable law.

15. Contract Duration and Renewal

15.1 The initial contractual term is the term selected and stated in the individual membership agreement.

15.2 The initial term may differ depending on the membership tariff selected.

15.3 After the initial contractual term has expired, the membership continues for an indefinite period on a month-to-month basis at the applicable monthly price for the continuing membership, unless the Member enters into a new long-term membership agreement.

15.4 The Member may terminate the continuing membership with one month's notice.

15.5 Statutory rights to extraordinary termination for good cause remain unaffected.

15.6 Mandatory statutory provisions concerning contract duration, automatic renewal and cancellation rights take precedence over any conflicting provision of these Terms.

15.7 A temporary suspension of the membership is generally only available during the months of June, July, August and September. The duration of any suspension may not exceed four weeks in total.

This restriction does not apply where the suspension is required for documented health reasons. In such cases, the Member must provide Peak Fit with an appropriate medical certificate. Where medically necessary and duly documented, a suspension may also be granted outside the months of June to September and, where appropriate, for a period exceeding four weeks.

Any suspension requires prior coordination with and confirmation by Peak Fit.

16. Cancellation

16.1 Ordinary cancellation may be submitted in text form, unless a different form is legally required.

16.2 Cancellation requests may be sent to:

info@peak-fit.de

16.3 Where Peak Fit provides a statutory online cancellation facility, Members may also use that facility.

16.4 Cancellation becomes effective at the end of the applicable notice period.

16.5 The Member remains responsible for all membership fees that have become due up to the effective termination date.

16.6 Mandatory statutory rights to extraordinary termination remain unaffected.

17. Suspension or Termination by Peak Fit

17.1 Peak Fit may temporarily suspend a Member's access where reasonably necessary to protect Members, staff, property or the proper operation of the gym.

17.2 Peak Fit may terminate a membership for good cause where continued membership is no longer reasonably acceptable.

17.3 Good cause may include, in particular:

  • violence or threats toward staff or other Members;

  • serious harassment or abusive conduct;

  • persistent non-payment of membership fees;

  • deliberate damage to gym equipment or property;

  • deliberate misuse of access credentials;

  • providing unauthorized access to another person;

  • serious or repeated violations of the Gym Rules.

 

17.4 Where legally required, Peak Fit will consider the circumstances of the individual case and provide an appropriate warning or opportunity to remedy the breach before termination.

17.5 Statutory rights of both parties remain unaffected.

18. Changes to Services

18.1 Peak Fit may make reasonable changes to equipment, facilities, classes, services, opening arrangements or operational procedures where objectively justified and where these changes do not materially alter the essential contractual service.

18.2 Mandatory statutory rights of Members remain unaffected.

18.3 Price changes affecting an existing membership will only be made where legally permissible and in accordance with applicable contractual and statutory requirements.

19. Contact

Members may contact Peak Fit through:

E-Mail: info@peak-fit.de
WhatsApp: +49 7626 5519949

Instagram: Peak Fit's official Instagram account

For contractual matters such as cancellation, payment questions or changes to personal information, Members should preferably contact Peak Fit directly by email.

20. Data Protection

20.1 Personal data is processed in accordance with applicable data protection laws, including the General Data Protection Regulation (GDPR).

20.2 Details concerning the collection, use, storage and processing of personal data are contained in Peak Fit's separate Privacy Policy / Datenschutzerklärung.

20.3 The Privacy Policy forms a separate document and is not replaced by these Terms.

21. Applicable Law

21.1 German law applies to the contractual relationship, subject to mandatory consumer protection provisions applicable to the Member.

21.2 Nothing in these Terms restricts mandatory rights that a consumer may have under applicable law.

22. Severability

22.1 If any provision of these Terms is or becomes invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.

22.2 Any invalid provision shall be replaced or interpreted, to the extent legally permissible, in a manner that most closely achieves the intended lawful purpose of the provision.

22.3 Mandatory statutory provisions take precedence over this clause.

 

23. Version of the Terms

These General Terms and Conditions apply from:

25/08/2026

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