Terms and Conditions

General Terms and Conditions

(As of September 2025)

  1. Scope
    • These General Terms and Conditions (hereinafter referred to as “T&Cs“) apply to all fitness contracts between Vigor Health and Performance GmbH, 1010 Vienna, Herrengasse 14/1/1035 (hereinafter referred to as the “Gym Operator“) and the members regarding the use of the fitness studios at their locations: 1010 Vienna, Herrengasse 14/1/1035 and 1020 Vienna, Schiffamtsgasse 10. The fitness studios are the branch or branches of the Gym Operator that the member is entitled to enter and use.
    • Members are those persons who are entitled to enter and use the fitness studio based on a fitness contract concluded with the Gym Operator.
    • These T&Cs are posted in the entrance area of the fitness studio. Furthermore, the T&Cs are also available on the Gym Operator’s website at https://vigor-fitness.at/fit/impressum/

  1. Conclusion of Contract
    • The fitness contract between the Gym Operator and the member is concluded by signing the fitness contract in the fitness studio or by concluding the fitness contract via the Gym Operator’s website (“Online Contracts”). For online contracts with consumers, the special provisions under Section 8 of these T&Cs also apply. If individual contractual regulations are agreed upon between the member and the Gym Operator in the fitness contract that contradict these T&Cs, the provisions made in the fitness contract shall take precedence over the T&Cs. The remaining regulations in the T&Cs that do not contradict the individual contractual provisions remain in effect.
    • Upon conclusion of the contract, the member must be provided with a copy of the fitness contract or have it made available online. Further copies of the contract are to be provided to the member upon request.
    • Fitness contracts with minors (under 18 years of age) can only be concluded with the written consent of their legal representative.

  1. Subject and Scope of Services
    • The type and scope of services are based on the fitness contract concluded between the Gym Operator and the member, as well as the additional services or packages offered and selected.
    • Transfer of membership is excluded.

  1. Use of the Fitness Studio
    • Granting of Access
      • Every member is entitled to enter and use the fitness studio and its facilities during opening hours in accordance with Section 5 and the provisions of the fitness contract.
      • Every member receives access to our online booking platform upon conclusion of the contract. This platform is used to manage and control access and booking authorizations. The authorization is non-transferable. Any unauthorized transfer of the respective authorization is prohibited.
      • Access to the fitness studio is only possible with an active membership and by using the respective online platform and access authorization. Accompanying persons, such as bodyguards or private caregivers, are permitted access to the fitness studio after prior consultation until further notice. The use of training equipment and training areas for their own training purposes is prohibited for accompanying persons.
      • Bringing animals is not permitted.
      • Access may be denied to intoxicated members or members who are under the recognizable influence of other addictive substances or narcotics for the duration of the impairment.
      • Bringing weapons, consuming alcoholic beverages, illegal addictive substances, and narcotics, as well as unauthorized performance-enhancing substances into the fitness studio premises is prohibited.
      • The member acknowledges that trainers, support, and supervisory staff are not present in the fitness studio during the entire opening hours. Instruction on the use of equipment or assistance is therefore not possible during these times.
    • Hygiene Regulations
      • For hygiene reasons, entering and using the training equipment and training areas is only permitted with athletic wear and clean athletic shoes. The member must also carry a towel, which is to be placed on the equipment or mats to keep sweat off them.
      • Bringing or consuming outside food is prohibited.
      • All areas of the fitness studio must be kept clean and left by members as they were found. Waste must be disposed of in the containers provided for this purpose.
      • Used sports equipment must be cleaned after use with the cleaning agents available in the fitness rooms.
    • Safety Regulations
      • All fitness equipment may only be used for its intended purpose. Every member is obliged, in case of ignorance, to inform themselves about the application instructions and operating regulations before using a training device and to observe these when using the devices. In case of any ambiguity, especially before using a device for the first time, instruction must be obtained from the Gym Operator or their employees.
      • All facilities, training equipment, and training areas must be treated with care and consideration.
      • Items brought along must be properly stowed in the locker room and must not be left behind in the fitness studio. The Gym Operator is not liable for the loss of items left behind, or in the event of theft or burglary by other members or accompanying persons.
    • Avoidance of Hazards and Harassment
      • Every member must refrain from unnecessary noise, harassment, and any endangerment of other members.
      • Taking photos or videos of other members is only permitted with their prior consent.
      • In the event of injuries to other members, every member is encouraged to take reasonable assistance measures and provide first aid.
      • If a member does not stop endangering or harassing other members despite two warnings from the Gym Operator or their employees, they may—regardless of the right to terminate the contract according to 7.2—be removed from the fitness studio premises on the day the harassment or endangerment occurred.
    • Miscellaneous
      • Offering or conducting any independent business activity in the fitness studio, such as paid coaching, classes, or other fee-based training sessions, requires prior individual agreement with the Gym Operator.
      • The Gym Operator is not obliged to check the mental and physical suitability of a member. The chosen type, scope, and intensity of the training are the sole responsibility of each individual member. It is strongly recommended to always align training with individual physical abilities and to stop the exercises and, if necessary, consult a doctor if symptoms occur.
      • The Gym Operator may, on a case-by-case basis, voluntarily and without being obliged to do so, conduct a consultation with training recommendations. Any recommendations from the Gym Operator and their employees reflect the subjective assessment of the coach; the selection of the corresponding training program is always the sole responsibility of the member. This also applies to trainer-led group classes. A consultation can in no way replace medical or therapeutic advice. There is no legal claim to a consultation.

  1. Opening Hours
    • The opening hours are clearly posted by the Gym Operator in the branch premises.
    • Minor changes to the opening hours are permissible if the daily opening time—compared to the opening hours underlying the fitness contract—does not change by more than one hour (e.g., 8:00 AM to 6:00 PM instead of 7:00 AM to 5:00 PM) and the total weekly opening time is not reduced as a result. Planned changes to the opening hours are to be announced by posting in the fitness studio at least fourteen days before they take effect.

  1. Fees
    • The contractually agreed fee (membership fee) is due for payment in advance at the beginning of each membership month. The membership fee includes sales tax at the respective statutory rate. Payment is timely if it has been initiated on the due date.
    • In the event of default in payment, the Gym Operator is entitled to charge statutory interest on arrears. In the case of payment arrears caused by the member (culpable default in payment), collection costs—as far as legally permissible—may also be claimed, provided the costs are necessary and appropriate for the collection of the arrears and are in reasonable proportion to the outstanding claim.
    • The membership fee is inflation-indexed, whereby the possibility of adjusting the membership fee addresses not only price increases but also price reductions. The Consumer Price Index 2020 published monthly by Statistics Austria serves as the measure for calculating value stability.

The index figure calculated for the month the contract was concluded serves as the reference value. Fluctuations in the index figure up or down of up to but excluding 2% are disregarded. This margin is to be recalculated each time it is exceeded upwards or downwards, whereby the first index figure outside the respective applicable margin always forms the basis for both the new determination of the claim amount and the calculation of the new margin. The resulting new membership fee is to be rounded commercially to the nearest 10 cents. It is noted that an initial adjustment of the membership fee is possible at the earliest after three months from the conclusion of the fitness contract. After this point, any further adjustment is possible at the beginning of each new calendar year.

  1. Contract Duration and (Early) Termination of the Contract
    • The contract is concluded for an indefinite period. The minimum contract term is specified in the fitness contract—unless otherwise agreed in individual cases—this is one full calendar month. The contract can be terminated by either party for the first time at the end of a full calendar month and, after the minimum contract term has expired, at the end of each calendar month. Termination is timely if it has reached or been communicated to the contractual partner at least five days before the end of the contract.
    • The Gym Operator can terminate the contract with immediate effect—even before the minimum contract term expires and without being bound by notice periods and dates—if:
      • the member is in default with the payment of the membership fee and the outstanding membership fee is not paid in full despite a grace period of at least 14 days;
      • the member repeatedly violates the regulations for using the fitness studio (Section 4 of these T&Cs) despite two unsuccessful warnings;
      • the member commits a criminal offense in the fitness studio that can only be committed intentionally.
    • The member can temporarily suspend the contract with immediate effect—even before the minimum contract term expires—if:
      • the member is prevented from training for more than 30 days due to illness or an accident; or
      • the member learns of her pregnancy after concluding the fitness contract.

The prevention must be certified by a medical certificate. In the case of pregnancy, the presentation of the maternity passport (Mutter-Kind-Pass) or a corresponding medical certificate is required for certification.

  • For the duration of the suspension, the member is exempt from paying the membership fee. The services of the fitness contract cannot be used by the member during the suspension period. If the member uses the services of the fitness studio despite the suspension of the contract, there is no exemption from the payment obligation.
  • In the case of pregnancy, the prevention ends 8 weeks after the end of the pregnancy.
  • The course of the minimum contract term is not affected by a suspension. This means that the next termination option is not postponed by the duration of the suspension.
  • If the prevention due to illness or an accident lasts longer than 90 days, the member can terminate the contract without being bound by the waiver of termination, notice periods, and dates.
  • The right of both contracting parties to terminate the fitness contract for good cause is neither excluded nor limited by these special termination options.

  1. Special Provisions for Online Contracts with Consumers
    • The fitness contract can also be concluded via the website of the Gym Operator or its contractual partner for member and booking management. Before concluding such a contract, the essential contract content, i.e., duration of the contract and the price, is summarized. By clicking the “order with obligation to pay” button, a binding offer to conclude the selected fitness contract is then submitted. The contract is concluded by acceptance of the offer via email. An automatically generated email that merely confirms receipt of the offer does not count as acceptance of the offer.
    • Consumers can withdraw from online contracts within fourteen days of the conclusion of the contract without giving reasons. To exercise the right of withdrawal, the consumer must inform Vigor Health and Performance GmbH, 1010 Vienna, Herrengasse 14/1/1035 by means of a clear statement (e.g., a letter sent by post, fax, or email) of the decision to withdraw from this contract. To meet the withdrawal deadline, it is sufficient to send the notification regarding the exercise of the right of withdrawal before the withdrawal period has expired. The model withdrawal form attached at the end of these T can be used for the withdrawal.
    • If a consumer withdraws from the contract, the Gym Operator will refund all payments received from the consumer immediately and at the latest within 14 days from the day on which the notification of withdrawal was received by the Gym Operator. For this refund, the Gym Operator uses the same means of payment that the consumer used for the original transaction, unless expressly agreed otherwise; in this case, the consumer will be charged fees for this refund. However, the consumer must pay a reasonable fee for services used during the withdrawal period compared to the contractually agreed total price.

  1. Data Protection
    • The confidentiality and protection of its members’ personal data are important to the Gym Operator. The Gym Operator’s privacy policy is posted in the entrance area of the fitness studio and online at https://vigor-fitness.at/fit/datenschutzerklaerung

    1. Final Provisions
      • The member must provide truthful information about contract-relevant personal data when concluding the fitness contract. The member must immediately notify the Gym Operator of any change in contract-relevant data (name, address, bank details, etc.).
      • If individual provisions of these TCs are or become invalid, the validity of the remaining TCs shall remain unaffected.
      • Austrian law applies, excluding conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. The contract language is German.
      • For members who do not have a residence or habitual abode in Austria or are not employed in Austria, as well as for entrepreneurs, the court in whose district the Gym Operator’s registered office is located has exclusive local jurisdiction.