LiveUp
LiveUp AG General Terms and Conditions

LiveUp AG General Terms and Conditions

1 Scope of Application These General Terms and Conditions (GTC) govern the legal relationship between LiveUp AG (CHE-157.356.601), a company limited by shares registered in the Commercial Register, with its address at Steinackerstrasse 35, 8902 Urdorf, Switzerland (LiveUp), and the customer (Customer). LiveUp provides the Customer with services in the fields of fitness, personal training and wellness, in particular the services described in Clause 4 below and in the overview of services set out in the Annex to these GTC. LiveUp also sells a range of products offered on its website and, to a limited extent, in the shop at the fitness studio operated by LiveUp. The services provided and products offered by LiveUp may change at any time without any obligation to give prior notice. Prior notice is required only where services already booked and paid for by a Customer are discontinued or products already ordered and paid for are not delivered. These GTC apply to all contracts entered into between the Customer and LiveUp. Any differing agreements or terms and conditions shall be valid only to the extent expressly accepted by LiveUp in writing (including by email). 2 Conclusion of Contract The contract between LiveUp and the Customer constitutes a mandate within the meaning of Article 394 et seq. of the Swiss Code of Obligations (CO); in particular, LiveUp does not owe the achievement of any specific result. Insofar as the sale of products is concerned, the contract constitutes a contract of sale within the meaning of Article 181 et seq. CO. For services offered by LiveUp, the Customer may submit a request for a quotation via the LiveUp website and will subsequently receive an individual quotation by email. The contract is concluded only once LiveUp has confirmed the order or quotation in writing and LiveUp has received the full invoiced amount, or, if expressly agreed, the first instalment, by the applicable due date. For products sold by LiveUp, the Customer may place an order via the LiveUp website. The contract with the Customer is concluded once the Customer has placed the order via the website and paid for the ordered products in full (advance payment). These GTC form an integral part of every contract concluded with the Customer. The contract concluded with the Customer takes precedence over these GTC only to the extent that it expressly provides for terms deviating from these GTC. To the extent required by law, persons under the age of 18 require the consent of their legal representative to enter into a contract with LiveUp. For service mandates, the legal representative may give such consent on the contractual document. For contracts for the sale of products, consent of the legal representative is presumed where the purchase price has been paid by card via the website or by bank transfer. 3 Place of Performance Unless a different place of performance is agreed in the relevant contract, the place of performance for the provision of services and delivery of products is Steinackerstrasse 35, 8902 Urdorf, Switzerland. 4 Services and Products The services offered by LiveUp, together with their scope and limitations, are listed in the Annex to these GTC. The products offered by LiveUp are listed on the LiveUp website. 5 Obligations of the Customer Where the Customer uses booked services at LiveUp’s premises, the Customer undertakes to attend in appropriate, clean and safe training attire. Personal aids such as, without limitation, supports, kidney belts, corsets and insoles are the Customer’s own responsibility. The Customer is responsible for his or her own training attire and personal aids and must purchase them at his or her own expense. LiveUp disclaims all liability in this connection. The Customer undertakes to comply with the instructions of LiveUp staff, including instructions given by subcontractors (Staff). If the Customer fails to do so or seriously breaches the rules of conduct or the premises rules, Staff may require the Customer to leave LiveUp’s premises and refuse further provision of the service. If Staff refuse to provide a service for any of these reasons, LiveUp shall not be obliged to refund any amount already paid for that service or pay damages. The Customer’s entitlement to performance of the service shall lapse without compensation. Where the Customer has booked individual or group training, the Customer undertakes to arrive punctually at the agreed place and time wearing suitable training attire. If the Customer arrives late, the training time to which the Customer is entitled shall be shortened accordingly, without compensation. The Customer is personally responsible, at his or her own expense, for obtaining any medical assessments necessary to determine his or her suitability to use the services and/or consume the products. The Customer must inform Staff in good time of any relevant limitations and follow Staff instructions. Clause 10 shall also apply. The Customer must provide accurate contractual information (name, address, email, telephone number, etc.) and inform LiveUp of any changes. Before the first training session, LiveUp will send the Customer a questionnaire by email to collect certain personal data required to conduct the training sessions. The Customer must return the questionnaire to LiveUp, completed truthfully and in full. LiveUp treats all Customer information confidentially and in accordance with Swiss data protection legislation. 6 Provision of Services and Engagement of Third Parties LiveUp engages third parties as subcontractors to perform its contractual services. The Customer expressly agrees that the services offered by LiveUp need not be performed personally by particular individuals employed by LiveUp or engaged by it as subcontractors. LiveUp undertakes to ensure that the persons providing services to the Customer have the necessary professional qualifications. 7 Prices LiveUp sends the Customer an individual quotation for the services requested. To the extent that service prices are published online on the website or in the app, they are binding. LiveUp may adjust those prices at any time. If the Customer concludes a contract with LiveUp for the provision of a service during a particular training slot (day of the week and time), the Customer has priority for that training slot for the term of the contract. If the Customer does not attend the training sessions, the Customer’s priority for the relevant agreed time slots lapses. 8 Payment Terms All services and products must be paid for in advance. Certain services and products are paid for directly via the website or app when booked or purchased. If particular services or products cannot be paid for online and are invoiced, the invoiced amount must be paid before the service is first used (e.g. before the first training session) or the product is received. If an amount due in advance is not paid, LiveUp may withdraw from the contract with immediate effect and without compensation. As a rule, the total amount is payable in a single payment. A different arrangement may be agreed with LiveUp on a case-by-case basis. 9 Cancellation and Rescheduling of Appointments An agreed appointment may be cancelled or rescheduled no later than 24 hours before the appointment. Cancellation must be made in writing by email or WhatsApp. Appointments rescheduled after this deadline or not attended shall be forfeited without replacement or refund. LiveUp may unilaterally reschedule an appointment or cancel it for organisational reasons. Appointments cancelled by LiveUp shall not be payable by the Customer and shall be made up at a later date. Refunds for appointments cancelled by LiveUp are excluded. If LiveUp is unable to perform its services due to force majeure, there shall be no entitlement to a refund or damages. 10 Liability and Exclusion of Liability LiveUp excludes all liability in respect of its services and products, except in cases of gross negligence or intentional misconduct by LiveUp or Staff. The Customer undertakes training voluntarily and at his or her own risk. LiveUp accepts no liability for injuries sustained during training. The Customer represents that he or she is medically fit to exercise. The Customer is also personally responsible for obtaining medical confirmation of his or her state of health from a physician. The Customer must inform LiveUp of any illness, injury, pain, dizziness, indisposition, pregnancy or similar circumstance before using or partially using any booked service. Questions concerning current or past health and personal circumstances must be answered truthfully and completely. Any changes in health must be reported to Staff immediately. If Staff conclude, based on the health condition reported by the Customer, that the booked service is unsuitable for the Customer, LiveUp may refuse to provide the service. In that case, LiveUp may withdraw from the contract with immediate effect and shall refund amounts already paid by the Customer, less an administrative charge of CHF 200. Under no circumstances shall LiveUp or Staff be liable for the occurrence or consequences of the Customer’s medical problems. LiveUp disclaims all liability for the health-related suitability, appropriateness and tolerability of products purchased by the Customer. Furthermore, except for the liability expressly provided for in this Clause, LiveUp accepts no liability for accidents, illnesses, personal injury, damage to property or theft. The Customer is personally responsible, at his or her own expense, for obtaining adequate insurance cover in connection with the use of services and consumption of products. LiveUp assumes no liability in this regard. 11 Data Protection Data protection in connection with services provided and products offered for sale by LiveUp is governed by Swiss data protection law. LiveUp’s Privacy Policy also applies to all contractual relationships with LiveUp. By entering into a contract, the Customer accepts the processing of his or her personal data as described in that Privacy Policy. The data shall be used exclusively for the provision of the contractual service. The data required for performance of the contract shall be stored and used for that purpose. The Customer consents to the disclosure of his or her personal data to third parties within the scope of the Privacy Policy where this is necessary for performance of the contract. 12 Video Surveillance The Customer acknowledges and agrees that certain areas of LiveUp’s training facility are monitored by cameras for protection and security purposes. Changing rooms and sanitary facilities are not monitored by cameras. 13 Sale and Delivery of Products Prices for products offered for sale are freely determined by LiveUp and may be changed at any time. Where LiveUp delivers products to the Customer, the transport risk passes entirely to the Customer, the place of performance being Steinackerstrasse 35, 8902 Urdorf, Switzerland. Any shipping costs shall be borne by the Customer. All liability for products sold by LiveUp is excluded to the extent permitted by law. 14 Governing Law and Place of Jurisdiction These GTC and the contracts concluded under them shall be governed exclusively by the substantive laws of Switzerland. The exclusive place of jurisdiction for all disputes arising from or in connection with these GTC or the contractual relationships shall be Dietikon, Canton of Zurich, Switzerland. *** Urdorf, October 2026 ANNEX TO THE GENERAL TERMS AND CONDITIONS Scope of Services The services offered by LiveUp have the following scope and limitations: 1. Personal Training Personal training means personal 1:1, 1:2 or 1:3 training of the Customer by a qualified trainer provided by LiveUp or a subcontractor engaged by LiveUp. The Customer agrees with LiveUp the number of sessions, their frequency and the training times in a separate contract. Each session lasts one hour. The price per session is determined by the quotation / mandate / invoice. The price includes the booked number of training sessions led by a trainer provided by LiveUp or a subcontractor at LiveUp’s premises. The Customer is not entitled to use LiveUp’s premises outside the booked sessions. Although LiveUp endeavours to make the same trainer available to the Customer for all booked sessions, the Customer has no entitlement to this. The contract applies to the number of personal-training sessions stated in the order confirmation or invoice. Once the contract has been concluded, there is no entitlement to terminate it or obtain a refund. Payment is, as a rule, made in advance. If payment in instalments is agreed by way of exception, all instalments remain due on the agreed dates irrespective of actual use of personal-training sessions. Sessions not used do not entitle the Customer to suspend or reduce the agreed instalment payments. The agreed training days and times are binding and, in principle, may not be changed. If the Customer arrives late for an appointment, the training time is shortened accordingly. There is no entitlement to an extension. If a personal-training appointment must be cancelled due to the coach’s illness or unavailability, LiveUp AG shall endeavour to arrange an alternative appointment or another suitable solution. If no coach can be provided, the Customer is entitled to use the Members Area of the Training Club independently during the originally agreed training period. In that case, the Customer has no entitlement to a personal trainer for that appointment. Termination, early discontinuation or dissolution of the contract is excluded, including in cases of illness, accident, pregnancy, relocation, changes in professional circumstances or other personal circumstances. In justified exceptional cases, LiveUp AG may, at its sole discretion, grant a suspension of the contract. There is no legal entitlement to such suspension. A suspension may be granted for a maximum of 12 months. At the end of this period, the entitlement to any unused personal-training sessions lapses. The training days and times agreed when the contract was concluded are binding in principle. If the Customer subsequently wishes to change those training days or times, LiveUp AG shall endeavour to offer a suitable alternative, subject to operational and staffing availability. However, there is no entitlement to a change, a particular alternative appointment, a particular time or a particular coach. If no suitable alternative can be offered to the Customer, the originally agreed training days and times remain binding. 2. Group Training / Workout Classes The Customer may book various group training sessions on the website. These are not individual training sessions. They take place at set times under the supervision of a qualified trainer provided by LiveUp or a subcontractor. Although LiveUp endeavours to keep training groups as small as possible, the Customer has no entitlement to a particular group size. LiveUp reserves the right not to hold group training sessions where there are too few registrations. In that case, any training sessions already paid for shall be refunded to the Customer. Each group training session lasts one hour. The price of a group training session includes supervision of the group by a qualified trainer, use of the training room made available to the group at LiveUp’s premises, any training equipment required for the group session, and the changing rooms. The Customer otherwise has no access to the general fitness or wellness areas at LiveUp’s premises. Although LiveUp endeavours to provide the same trainer for the group’s booked sessions, the Customer has no entitlement to this. 3. Fitness Club Membership / Training Club Membership The Customer may purchase a membership of the fitness club at LiveUp’s premises. Membership is taken out for one year from payment of the membership fee and is automatically renewed for a further year at a time unless terminated in writing no later than three months before the end of the relevant membership year. The price of annual membership is determined by the quotation / mandate / invoice. Annual membership does not include personal or individual training advice from LiveUp. It requires a high degree of personal responsibility on the Customer’s part. In particular, the Customer is prohibited from granting third parties access to the fitness studio or wellness facilities. Any breach of this prohibition shall result in immediate termination of the contract with the Customer, with the membership fee forfeited without compensation. LiveUp may also ban the Customer from its premises. To take out annual membership, the Customer must apply via the LiveUp website. A contract with the Customer is concluded only once the Customer has supplied all necessary information, LiveUp has agreed in writing by email to an annual membership contract, and the Customer has paid the annual membership invoice in full (advance payment). The Training Club Rules, as amended from time to time, form an integral part of these General Terms and Conditions (GTC). By concluding the contract, the Customer confirms having read the Training Club Rules and undertakes to comply with them throughout the contractual term. Breaches of the Rules may result in exclusion from training activities. The Customer’s contractual payment obligations remain unaffected. Membership shall automatically renew for a further year unless terminated in writing at least three months before expiry. Termination must be made in writing. The right to extraordinary termination for good cause remains unaffected. Changing to another membership option constitutes termination of the existing membership and conclusion of a new membership. Such a change must therefore also be communicated in writing at least three months before expiry of the existing membership. If the existing membership is not terminated within the prescribed notice period, it automatically renews for a further year under the membership option in force at the time of renewal. This is without prejudice to changes between monthly and annual payment, which may be agreed independently. The Customer declares that he or she is in a suitable state of health to participate in training. Participation is at the Customer’s own risk. LiveUp AG is not liable for health-related harm resulting from participation, except in cases of gross negligence or intentional misconduct. Personal data shall be used exclusively for contractual administration and shall not be disclosed to third parties. 4. Business Club The Business Club is an exclusive service enabling commercial partners to publish their information and offers on LiveUp’s online portal so that they can be viewed by the LiveUp community. The purpose of the Business Club service is to give partners access to a wider audience and increase their brand visibility. Participation in the Business Club programme is reserved for companies and individuals who have entered into a prior agreement with LiveUp and pay the stipulated service fees in advance. The partner is responsible for ensuring that all published information is accurate, up to date and truthful. LiveUp assumes no liability for the accuracy of content supplied by the partner. The partner also undertakes to review the published content regularly and update it promptly when changes occur. An annual fee is payable in advance for use of the Business Club service. The contract has a fixed term of one year. Fees are not refunded even if the partner ends participation early. The initial term of the Business Club programme agreement is one year. The agreement automatically renews for successive periods of one year unless the partner terminates it in writing by email to welcome@teamliveup.com at least 90 days before the end of the contractual term. Changing to another Business Club option constitutes termination of the existing Business Club Partnership and conclusion of a new Business Club Partnership. Such a change must therefore also be communicated in writing at least three months before expiry of the existing Business Club Partnership. If the existing Business Club Partnership is not terminated within the prescribed notice period, it automatically renews for a further year under the Business Club Partnership option in force at the time of renewal. LiveUp reserves the right to design and adjust the placement and presentation of partner information on its portal at its own discretion. LiveUp does not guarantee any particular number of views or any particular advertising effect. The Business Club service may be changed at any time, provided partners are notified at least 30 days in advance. LiveUp reserves the right to reject content that contravenes legal provisions, is discriminatory or could damage LiveUp’s reputation. LiveUp may terminate the agreement with immediate effect if the partner breaches these guidelines.