GENERAL TERMS AND CONDITIONS
Contractual Provisions of the K-Fit
Self-Service Fitness Centers
1. The following General Terms and Conditions (GTC) govern the legal relationship between all locations of K-FIT AG (brand name K-Fit) and its customers, hereinafter referred to as members.
2. K-Fit, a self-service fitness center headquartered at Aemmenmattstrasse 43, 3123 Belp, provides members with access to cardio and fitness equipment, free weights, functional areas, and general infrastructure during the posted opening hours. The use of the facilities is limited to the duration agreed upon between the contracting parties and is undertaken at the member's own risk. By signing (digitally), the member confirms that they can train without harming their health. In case of doubt, the member must consult a doctor. Training is carried out at the member's own risk, and K-Fit rejects any liability arising from a lack of fitness or health. The fitness center does not provide any insurance coverage for members.
3. Members may benefit from contributions by various health insurance companies toward their fitness subscription due to the QualiCert certification awarded to K-Fit. K-Fit has no influence over which health insurers recognize the QualiCert certificate. K-Fit therefore explicitly assumes no guarantee or responsibility that the member's health insurance provider will contribute to any K-Fit subscription.
4. The K-Fit self-service fitness centers are permanently monitored and recorded by a video system.
5. For adolescents under 18 years of age, a membership is only possible with the details of their legal guardian. Persons under 16 years of age can only become members if ID copies of both the minor and the legal guardian, including signatures, are sent to K-Fit via email to [email protected] After receiving these documents, K-Fit will activate the desired subscription for the person. Furthermore, individuals under 16 years of age may only purchase a Flexi subscription or an annual subscription with a one-time payment. An introductory training session with a personal coach, costing CHF 49, must also be paid, booked, and completed via the customer portal; otherwise, no subscription can be activated.
6. The K-Fit contract is concluded for a contractually agreed duration, starting from the start date stated in the contract. Upon conclusion of the contract, a one-time administration fee of CHF 30 is charged (no deposit).
7. The member is obligated to notify K-Fit of any changes to contract-relevant data (name, address, and email address, if provided) within 14 days at the latest. Any costs incurred by K-Fit due to the member failing to provide updated information within the given timeframe shall be borne by the member.
8. After the contractually agreed duration expires, the contract is automatically renewed. From that point onward, the contract continues indefinitely under the same conditions. Excluded from this are promotions and special offers purchased by the customer prior to this time that extend beyond the contract period. These promotions and special offers are automatically converted into a Connected subscription upon expiry. As soon as the promotions or special offers are converted into a Connected subscription, the customer has the right to terminate the contract at the end of any month, subject to a 14-day notice period. This monthly right of termination does not apply to individuals who have received a discount (price reduction or additional free month(s)) due to a one-time advance payment. These individuals may only terminate after the final month of their discounted subscription has ended. All K-Fit subscriptions may only be cancelled via email or through the app. Termination is not possible if outstanding payments are due.
9. If a member relocates to another city/canton, they are entitled to a special termination right, which may be exercised with four weeks' notice to the end of a month, provided a deregistration or registration confirmation from the respective municipality/city is submitted. In this case, the termination must be submitted via email and must include the deregistration or registration confirmation. This applies only if there is no K-Fit self-service fitness center available within a 30-kilometre radius (as the crow flies) of the new residence. K-Fit explicitly reserves the right to offset discounts granted due to advance payment when issuing any remaining credit.
10. Every customer has the right to suspend their subscription for as long as desired for a fee of CHF 10.00 per month.
11. Non-use of the contractual services does not entitle the member to claim a refund or reduction of membership fees and has no effect on the duration of the contract. Temporary restrictions or impossibility of use due to force majeure or official orders do not entitle the member to an extension of the contract term, a refund, a reduction of fees (or any other compensation), or a contract termination. Restrictions may also arise if the member is required—due to official orders—to present a health, test, vaccination, or other certificate to use the facilities. In such cases, K-Fit may, at its discretion and as a gesture of goodwill, credit the member for lost usage time. The member must also accept waiting times due to potentially limited capacity.
12. In the event of early termination, the member has the right to propose a suitable and solvent replacement/new member, provided the new member assumes the contract under the same conditions and no outstanding payments exist. A handling fee of CHF 30 is charged for such a contract transfer.
13. With the badge (access card) or the QR code provided in the app, the member gains access to the center and is entitled to use it during opening hours. Without the badge or QR code, entry and stay in the center is not possible or permitted.
14. In case of loss or theft of the badge (access card), K-Fit must be notified immediately (via email to [email protected] or telephone 031 544 31 66) so that the badge can be blocked. A new badge, valid for the personal subscription, will be sent by mail for a handling fee of CHF 30. If delayed or missing notification prevents timely blocking and K-Fit incurs damage as a result, the member is liable for compensation.
15. In case of misuse of the badge or QR code (transfer to third parties, allowing two or more people to enter with one badge or QR code, etc.), a handling fee (fine) including compensation of CHF 250 will be charged. The same applies if the member enters the gym despite outstanding payments and a blocked badge. K-Fit reserves the right to file criminal charges for trespassing and/or to exclude the member without notice and without reimbursement of membership fees.
16. The member confirms that they are familiar with the use of fitness equipment and can train independently without supervision. If this is not the case, the member is required to receive instruction before the first training session. Each member has the option to book instruction through the customer portal for a fee (e.g., introductory training for CHF 49 per hour or personal coaching including a personalized training plan for CHF 99 per hour).
17. Fitness machines must be used properly, and seats/benches must be covered with a workout towel. Excessive noise and disruptive behavior must be avoided. Phone calls are permitted only in the entrance areas. The use of any means of transportation within K-Fit facilities is prohibited (e.g., bicycles, scooters, skateboards, etc.).
18. The member agrees to use all equipment and facilities with care and to avoid causing any damage. Damage resulting from improper use contrary to the usage regulations will be charged to the member.
19. Bringing accompanying persons, including children and pets, is not permitted. Depending on the contract model, the contract holder may be permitted to bring an accompanying person. The contract holder is obligated to inform the accompanying person of all usage requirements and contractual provisions (including house rules) of the K-Fit self-service fitness centers and ensure compliance. The contract holder is responsible for the conduct of the accompanying person.
20. K-Fit is entitled to establish binding house rules for each center. The house rules include, in particular, regulations on the permissible use of equipment and the protection of other members' rights.
21. K-Fit staff are entitled to issue instructions necessary to maintain orderly operations, safety, and compliance with house rules. These instructions must be followed. During inspections, members must be able to identify themselves.
22. All additional posted or announced regulations/usage requirements as well as the house rules form an integral part of the contract. K-Fit is entitled to amend these with effect for the future. Changes will be communicated to the member and published in the center or online.
23. Serious or repeated violations of these General Terms and Conditions, the house rules, general regulations, or staff instructions may result in a ban from the premises. There is no entitlement to a refund of membership fees.
24. The lockers provided by K-Fit may only be used by members during their presence in the center. Members are advised to bring their own lock and secure the locker, as K-Fit assumes no liability for theft. Lockers used beyond the presence period may be opened by the fitness center, with the contents removed, stored, and, if unclaimed within one month, disposed of. Training time = presence time.
25. Parking spaces provided by K-Fit may only be used during the member's presence in the center. Vehicles occupying parking spaces beyond this period may be towed at the owner's expense.
26. Smoking, consuming alcohol, drugs, or other undesirable substances is prohibited in the centers. Members are also prohibited from bringing prescription medications not intended for their personal and medically prescribed use, or substances intended to enhance physical performance (e.g., anabolic steroids), into the centers. Likewise, offering, distributing, or making such substances available to others—whether free of charge or for payment—is prohibited. Violations entitle K-Fit to terminate the membership contract with immediate effect and/or claim flat-rate damages of CHF 350.
27. K-Fit accepts only the payment methods displayed to the customer during the ordering process. The purchase price is due upon conclusion of the contract. If the contract continues indefinitely, the subscription price is due at the beginning of each month. If the member fails to meet payment deadlines, automatic reminders will be sent by email. If payment is still outstanding after the reminder, a fee of CHF 20 is charged for the first payment notice and CHF 30 for the second.
28. If the member is in arrears with one or more monthly payments, K-Fit may demand either the outstanding monthly payments or the entire remaining contract balance in a single payment, or may withdraw from the contract. K-Fit reserves the right to claim further damages.
29. If I fail to meet my payment obligations to K-FIT AG within the payment period, I agree to the following for collection purposes:
I release K-FIT AG and the employees of mediserv AG from any confidentiality obligations to the extent necessary for collection and enforcement of the claim. My consent is voluntary and also applies to future business relationships. I may revoke this consent at any time with immediate effect for the future.
30. Overpaid fees will be credited to future months and will not be refunded. If no further booking is possible, overpaid amounts will be refunded minus a handling fee of CHF 50.
31. K-Fit accepts no liability for the loss of valuables, money, clothing, or similar items. Likewise, K-Fit rejects liability for injuries or any other damages sustained by the member during activities that are not due to improperly maintained infrastructure. K-Fit assumes no liability for the consequences of non-contractual activities carried out in the fitness center. In the event of claims, regardless of legal grounds, K-Fit is liable only for damages caused through gross negligence or intent and which fall within its area of responsibility. K-Fit is not liable for damages caused by auxiliary personnel in the performance of their duties. Liability for indirect or consequential damages is excluded to the extent permitted by law.
32. K-Fit may amend the General Terms and Conditions (GTC) at any time. Changes will be communicated to the customer via email or another appropriate method (online). The current binding version of the GTC is available at www.k-fit.ch
33. Should one or more provisions of this contract be invalid or become invalid, the validity of the contract and its remaining provisions shall remain unaffected. In such cases, the parties agree to adapt the contract to the circumstances and replace ineffective provisions with valid ones that come closest to the intended economic purpose.
34. For any legal disputes, the city of Bern is agreed as the place of jurisdiction.
