General Terms and Conditions (AGB)

Effective as of: February 2025 — Governed by Swiss law

1. GENERAL PROVISIONS

These General Terms and Conditions (“GTC” or “AGB”) govern the relationship between Trunk Pilates GmbH (“TRUNK”, “we”, “us”) and any person (“client”, “you”) who accesses the studio, website, app, or any services provided by TRUNK Pilates GmbH. By entering the studio, booking a class, purchasing a membership or pass, or using the TRUNK website or app, you confirm that you have read, understood, and agree to be bound by these GTC in their entirety. TRUNK Pilates GmbH reserves the right to amend these GTC at any time. The current version will be published on the TRUNK website. Continued use of services following an update constitutes acceptance of the revised terms. It is your responsibility to review these GTC periodically. If you disagree with any part of these GTC, you must immediately cease using the website, refrain from entering the studio, and not book or purchase any classes or services.

2. CONTRACTUAL RELATIONSHIP

The contractual relationship is established between: – Trunk Pilates GmbH, registered in Switzerland (the “studio” or “provider”), and – the individual client booking, purchasing, or using TRUNK’s services (the “client” or “you”). A binding contract is formed at the moment a booking is confirmed or a purchase is completed through the TRUNK booking system (MOMENCE). Swiss contract law (OR/CO) applies to all contractual relationships.

3. HEALTH, FITNESS & SAFETY

3.1 Health Declaration

By booking and attending any TRUNK class or service, you confirm that:

  • You are in good physical health and fit to participate in Pilates-based exercise;

  • You have reviewed the nature of the classes offered and confirmed your physical condition permits safe participation;

  • You do not suffer from any condition, injury, or limitation that would make participation unsafe without medical clearance.

3.2 Mandatory Disclosure

You are obligated to inform TRUNK Pilates GmbH before booking if you:

  • Suffer from any injury, chronic condition, or physical limitation;

  • Are currently pregnant or in the postpartum period (a written doctor’s clearance for exercise is required);

  • Have recently undergone surgery or medical treatment that may affect your ability to exercise safely. TRUNK reserves the right to deny class participation to any client whose health may be put at risk by exercising in our studio. This decision will be made in good faith and in the interest of client safety.

3.3 Infectious Illness

You agree not to attend the studio if you are suffering from or showing symptoms of any infectious illness, including but not limited to respiratory infections, gastrointestinal illness, or Covid-19. If you attended the studio recently and subsequently test positive for an infectious disease, you agree to inform TRUNK staff promptly so that appropriate hygiene measures can be taken.

3.4 Medical Emergencies

In the event of a medical emergency during a class, TRUNK instructors are trained to respond appropriately and will contact emergency services where necessary. TRUNK Pilates GmbH cannot be held liable for health events arising from undisclosed pre-existing conditions.

4. BOOKINGS & PAYMENTS

4.1 Booking Process

All bookings must be made exclusively through the TRUNK booking system (MOMENCE), accessible via the TRUNK website or mobile app. Bookings via email, phone, social media, or in person are not accepted and will not be honoured. A booking is only confirmed once payment is successfully processed. TRUNK reserves the right to cancel unconfirmed or unpaid bookings without notice.

4.2 Payment

Full payment is required at the time of booking. Payment methods accepted are those made available through the MOMENCE booking platform. TRUNK reserves the right to pass on any additional costs arising from disputed, declined, or failed transactions to the client concerned.

4.3 Passes & Credits

Classes may be booked using the following credit types:

  • Limited (8/12 Credits/Month) & Unlimited memberships (subject to the terms of the specific membership tier);

  • 10- or 20-class passes;

  • New Client Offer credits;

  • Drop-in single class credits.

All passes and credits are valid for the period stated at the time of purchase, regardless of public holidays, studio closures, or personal circumstances. Validity periods are non-extendable.

4.4 Pricing

All prices are published in Swiss Francs (CHF) and are inclusive of applicable Swiss VAT. Prices are correct at the time of publication but are subject to change at any time without prior notice. TRUNK Pilates GmbH reserves the right to correct any pricing or publication errors. Sale prices apply only during the designated sale period, which is generally 7 days unless otherwise stated.

4.5 Non-Transferability

All passes, memberships, and credits are strictly personal and non-transferable. They may not be shared with, gifted to, or used by any person other than the purchasing client. Any misuse of this kind will result in immediate termination of the pass or membership without refund and the client may be refused future entry.

5. CANCELLATIONS, NO-SHOWS & WAITLISTS

5.1 Cancellation Policy

Classes must be cancelled via the TRUNK booking system with a minimum notice of 9 hours before the scheduled class start time. Cancellations made with less than 9 hours’ notice, or failure to attend a booked class without cancellation, will be treated as a late cancel or no-show.

Privates - 1 on 1, duets, group bookings must be cancelled with a minimum notice of 24hrs before scheduled time. Cancellations made with less than 24 hours’ notice, or failure to attend a booked private without cancellation, will be treated as a late cancel or no-show.

5.2 Late Cancellations & No-Shows

In the event of a late cancellation or no-show, the following applies depending on the credit type held:

  • The class credit will be forfeited, or

  • A late cancellation/no-show fee of CHF 15 will be charged. The applicable consequence will depend on the type of membership or pass held. Please refer to the specific terms of your membership or pass for details.

5.3 Waitlists

Clients may add themselves to the waitlist for fully booked classes. If a spot becomes available:

  • Up to 4 hours before class: you will be automatically added to the class and the standard cancellation policy applies from that point;

  • Less than 4 hours before class: you will be notified and offered the spot, which you may accept or decline. It is the client’s sole responsibility to manage their waitlist position. If you are no longer able to attend, you must remove yourself from the waitlist before the automatic booking window. Classes may become available during the night; if you cannot check early in the morning, please remove yourself from the waitlist before going to bed. Standard cancellation terms apply once you have been moved from the waitlist into a confirmed class spot.

6. REFUND & RETURN POLICY

All purchases made with TRUNK Pilates GmbH are final. In accordance with applicable Swiss consumer law and the nature of service-based contracts, TRUNK does not offer:

  • Refunds for change of mind;

  • Refunds, transfers, or extensions due to injury or illness (unless required by mandatory Swiss law);

  • Refunds due to relocation or change of address;

  • Transfers of passes or memberships to another person;

  • Suspensions of memberships (unless offered as a specific feature of a membership tier).

Where mandatory provisions of Swiss law (including the Swiss Code of Obligations, OR) grant a right of withdrawal or other consumer protections that cannot be contractually waived, those rights remain unaffected by these GTC.

7. LIABILITY & ASSUMPTION OF RISK

7.1 Use at Own Risk

The use of all TRUNK studio facilities, equipment, and services is entirely at your own risk. You acknowledge the inherent physical risks associated with Pilates and exercise more generally, and you voluntarily assume those risks.

7.2 Limitation of Liability

In accordance with Art. 100 of the Swiss Code of Obligations (OR), TRUNK Pilates GmbH excludes liability for slight negligence to the fullest extent permitted by law. TRUNK Pilates GmbH shall not be liable for:

  • Injuries or health events arising from undisclosed pre-existing conditions;

  • Loss of, theft of, or damage to personal belongings brought into the studio;

  • Injuries sustained through improper use of equipment or failure to follow instructor guidance;

  • Acts or omissions of third parties.

Liability for gross negligence and intentional wrongdoing remains unaffected. Mandatory statutory protections under Swiss law are not excluded.

7.3 Client Liability

You are personally liable for any damage caused to the studio, its equipment, or third parties as a result of your conduct. You agree to follow instructor guidance at all times. TRUNK reserves the right to refuse or terminate your participation in classes and your access to the studio if you violate these GTC, behave in a manner incompatible with the studio’s values, or engage in insulting, aggressive, or harmful conduct toward other clients or staff. No refund will be issued in such cases.

8. STUDIO RULES & CONDUCT

8.1 Attire

Comfortable workout attire is required for all classes. As a guide:

  • Leggings or workout pants without zippers or buttons (to protect the Reformer upholstery);

  • A comfortable, fitted top;

  • Socks must be worn at all times — bare feet are not permitted;

  • Grip socks are recommended; if you have standard socks, anti-slip mats are available. TRUNK branded grip socks are available for purchase at CHF 10 (sizes EU 37–43).

8.2 Punctuality

Please arrive 5-10mins prior to class commencement. Late arrivals may not be admitted to class at the instructor’s discretion, particularly if the class has already commenced and entry would cause disruption.

8.3 Personal Belongings

TRUNK Pilates GmbH accepts no responsibility for personal belongings brought into the studio. Clients are encouraged to leave valuables at home. TRUNK is not liable for any loss, theft, or damage to belongings.

8.4 Photography & Filming

Photography and filming of other clients without their explicit consent is prohibited. Any filming for social media or other purposes within the studio must be agreed with TRUNK management in advance.

8.5 Right of Refusal

TRUNK Pilates GmbH reserves the right to refuse entry or participation to any client at any time, including where behaviour is inconsistent with these GTC or the values of the studio.

9. SCHEDULE & SERVICE MODIFICATIONS

TRUNK Pilates GmbH reserves the right to modify, cancel, or reschedule classes, workshops, events, instructors, and studio facilities at any time without prior notice. Where possible, affected clients will be notified via the booking system or email. In the event of a class cancellation by TRUNK, any credit used to book the cancelled class will be returned to the client’s account. TRUNK is not liable for any inconvenience, travel costs, or losses incurred as a result of schedule changes.

10. FORCE MAJEURE

TRUNK Pilates GmbH shall not be held liable for any failure to fulfil its contractual obligations where such failure arises from circumstances beyond its reasonable control, including but not limited to:

  • Pandemics, epidemics, or public health emergencies;

  • Governmental orders, restrictions, or regulatory requirements;

  • Natural disasters, fire, flooding, or environmental events;

  • Power outages, infrastructure failure, or acts of third parties.

In such circumstances, TRUNK is released from its obligations for the duration of the force majeure event. Payments for services purchased remain due and will not be refunded unless required by mandatory Swiss law. Risk of performance passes to the client upon conclusion of the contract.

11. DATA PROTECTION & PRIVACY

11.1 Data Controller

Trunk Pilates GmbH is the data controller for personal data collected in connection with the use of the studio, website, app, and services. Data is collected and processed in accordance with the Swiss Federal Act on Data Protection (nDSG/revDSG, effective 1 September 2023) and, where applicable, the EU General Data Protection Regulation (GDPR).

11.2 Data Collected

TRUNK may collect and process the following personal data:

  • Name, email address, and contact details provided during registration or booking;

  • Health information voluntarily disclosed for the purpose of safe class participation;

  • Payment information processed through the MOMENCE booking platform;

  • Usage data and preferences from the TRUNK website and app.

11.3 Purpose of Processing

Personal data is used solely for the following purposes:

  • Administering bookings, memberships, and payments;

  • Communicating with clients regarding classes, schedules, and promotions (where consent has been given);

  • Ensuring health and safety in the studio;

  • Complying with legal obligations.

11.4 Data Retention & Rights

TRUNK retains personal data only for as long as necessary for the purposes for which it was collected, or as required by law. You have the right at any time to:

  • Access the personal data held about you;

  • Request correction of inaccurate data;

  • Request deletion of your personal data, subject to legal retention obligations;

  • Withdraw consent to marketing communications.

To exercise your rights, please contact the studio directly. TRUNK will respond to requests within the timeframes required by applicable law.

11.5 Third Parties

TRUNK does not sell personal data to third parties. Data may be shared with service providers (such as the MOMENCE booking platform and payment processors) strictly for the purpose of delivering TRUNK’s services. All third-party providers are contractually bound to handle data in compliance with applicable data protection law.

12. GOVERNING LAW & JURISDICTION

These General Terms and Conditions are governed exclusively by Swiss law, with the exclusion of conflict of law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG). Any dispute arising from or in connection with these GTC shall be subject to the exclusive jurisdiction of the competent courts of the Canton of Zurich, Switzerland, unless mandatory statutory provisions require otherwise. Where mandatory consumer protection provisions of a client’s country of residence grant rights that cannot be contractually waived, those rights remain unaffected.

13. SEVERABILITY & ENTIRE AGREEMENT

If any provision of these GTC is found to be invalid, illegal, or unenforceable under applicable law, such provision shall be deemed modified to the minimum extent necessary to make it enforceable. The remaining provisions shall continue in full force and effect. These GTC, together with any supplementary policies published by TRUNK (including the Privacy Policy), constitute the entire agreement between TRUNK Pilates GmbH and the client with respect to the subject matter hereof and supersede all prior agreements, representations, or understandings. 14. CONTACT For any questions, concerns, or requests relating to these General Terms and Conditions or TRUNK’s services, please contact the studio directly: Trunk Pilates GmbH Zurich, Switzerland info@trunkpilates.ch Thank you for being part of the TRUNK community.

MEMBERSHIPS & PASSES

UNLIMITED MEMBERSHIPS CHF379.-/Month

You agree to be billed monthly. The membership begins with the purchase and has a minimum term of 3 months. After this minimum term, the membership continues indefinitely unless canceled via email to info@trunkpilates.ch with a minimum notice period of 30 days before the next billing date. Cancellations via phone, in person, or through social media will not be accepted. Membership can be suspended and suspensions must be in monthly intervals. The cancellation notice period cannot be suspended. Classes must be canceled via the booking system with a minimum notice of 9 hours before the class starts. Late cancellations and no-shows will incur a penalty fee of CHF 15 per class. Cancelations via email, social media, phone or in person are not accepted.

Cannot be shared, transferred or cancelled early due to change of mind, injury, relocation or for any other reason.

It is your responsibility to have enough funds in your account to cover your monthly instalments. Failure to do so may incur additional bank fees and administration fees. Any outstanding debt may be passed onto debt collection. All additional bank fees, admin fees or debt collection fees must be covered by you. Your ability to attend and book classes may be stopped until all outstanding debt is finalised. However, your membership continues running and all remaining instalments are due as per regular schedule.

PRE OPENING OFFER CHF279/Month

You agree to be billed monthly. Membership activates with Opening of the studio. After the initial 12 month, the monthly membership fee increases to CHF319/month. Membership runs indefinitely unless cancelled via email to info@trunkpilates.ch with a minimum of 30 days notice prior to next billing day. Cancellations via phone, in person or social media are not accepted. Suspensions must be in monthly intervals. Cancellation notice cannot be suspended. Classes must be cancelled via the booking system with a minimum notice of 9 hours before class commencement. Late cancels and no shows will be charged with a CHF 15 penalty fee per class. Cancelations via email, social media, phone or in person are not accepted.

Cannot be shared or transferred.

It is your responsibility to have enough funds in your account to cover your monthly instalments. Failure to do so may incur additional bank fees and administration fees. Outstanding debt may be passed onto debt collection. All additional bank fees, admin fees or debt collection fees must be covered by you. Your ability to attend and book classes may be stopped until all outstanding debt is finalised. However, your membership continues running and all remaining instalments are due as per regular schedule.

PRE-OPENING OFFER KREIS 6

Valid for 4 months form studio Opening in Kreis 6. Unlimited access to all classes, monthly rate of CHF 320.-. First instalment will be deducted on sign up but is used for the first months. second instalment is not due until march. Cannot be cancelled early. Cannot be extended, refunded, shared or transferred. Classes must be cancelled with a minimum of 9 hours notice before class commencement. Late cancellation and no shows will incur a CHF15.- fee per class.

8 CREDITS/12 CREDITS PER MONTHS

By signing this contract, you agree to be billed monthly. The membership begins with the purchase and has a minimum term of 3 months. After this minimum term, the membership continues indefinitely unless canceled via email to info@trunkpilates.ch with a minimum notice period of 30 days before the next billing date. Cancellations via phone, in person, or through social media will not be accepted.

Membership can be suspended and suspensions must be in monthly intervals. The cancellation notice period cannot be suspended. Classes must be canceled with a minimum notice of 9 hours before the class starts. Late cancellations and no-shows will forfeit their class.

Cannot be shared, transferred or cancelled early due to change of mind, injury, relocation or for any other reason.

It is your responsibility to have enough funds in your account to cover your monthly instalments. Failure to do so may incur additional bank fees and administration fees. Any outstanding debt may be passed onto debt collection. All additional bank fees, admin fees or debt collection fees must be covered by you. Your ability to attend and book classes may be stopped until all outstanding debt is finalised. However, your membership continues running and all remaining instalments are due as per regular schedule.

10 & 20 CLASS PASSES

10 Class Passes are valid for 4 months from purchase & 20 Class Passes are valid for 6 months from purchase. Cannot be shared, transfered, extended or refunded. Classes must be cancelled via the booking system with a minimum notice of 9 hours before class commencement. Late cancels and no shows will forfeit their class. Cancelations via email, social media, phone or in person are not accepted.

PRE OPENING OFFER 1 & 2 K6

Valid for 4 months from opening. Cannot be shared, transferred, extended or refunded. Classes must be cancelled via the booking system with a minimum notice of 9 hours before class commencement. Late cancels and no shows will forfeit their class. Cancelations via email, social media, phone or in person are not accepted.

BOTTOMLESS 10 PACKS

Auto-renewing 10 Pack. Renews after 10 credits or 4 months, whichever comes first. Can be cancelled after 1st renewal, with 2 business days notice. Pack must be cancelled via email. Cannot be shared, transfered, extended or refunded. Classes must be cancelled via the booking system with a minimum notice of 9 hours before class commencement. Late cancels and no shows will forfeit their class. Class cancelations via email, social media, phone or in person are not accepted.

INTRO OFFER/NEW CLIENT OFFER

All Intro passes at TRUNK Pilates may only be purchased by new members who have not yet attended the studio.

Intro Offers will be valid for a specified terms, expressed as “14 (consecutive) days”. Intro passes are activated from booked class or day of purchase Trunk Studios. Please check specifications of particular offer.

No refunds, transfers, suspensions or extensions are offered on unused portions of any Introductory Offer due to illness, injury, change of address or any other reason.

Unused passes expire after 3 month from purchase.