Terms and Conditions
The contractual basis for all services by The Hundred.
Provider: The Hundred GmbH (in formation)
Business address: In der Au 27, 61440 Oberursel (Taunus), Germany
Represented by the managing directors: Jana Uhrmeister, Rick Jäger
Commercial register: Registration with the competent local court is in progress; the HRB number will be added once registered.
VAT ID: Will be added once issued by the Federal Central Tax Office.
Contact: info@thehundred-pilates.de · info@thehundred-pilates.de
(hereinafter "The Hundred", "we" or "us")
§ 1 Scope, contracting parties
(1) These General Terms and Conditions (hereinafter "Terms") apply to all contracts between The Hundred and natural persons of legal capacity using The Hundred's services (hereinafter "Customers" or "Participants"). They apply in particular to bookings of Reformer Pilates group classes, single classes, the 10-class card, and memberships (monthly subscriptions).
(2) These Terms apply to consumers within the meaning of § 13 BGB (German Civil Code) and to entrepreneurs within the meaning of § 14 BGB. They apply exclusively; any conflicting or deviating terms of the customer do not become part of the contract unless The Hundred expressly agrees in writing.
(3) The customer's contracting partner is exclusively The Hundred GmbH (in formation) named in the header. Until the company is entered in the commercial register, it acts as a pre-formation company; all rights and obligations transfer to the GmbH upon registration. Trainers are employees or independent contractors of The Hundred; they are not the customer's contracting partner.
(4) The version of these Terms in force at the time of contract conclusion is the applicable version. The current version is available at https://thehundred-pilates.de/agb and within The Hundred's iOS app.
§ 2 Conclusion of contract
2.1 Presentation of services
The presentation of memberships, the 10-class card and single classes on the website, in the iOS app and at the studio's front desk does not constitute a legally binding offer, but a non-binding invitation to the customer to submit an offer (invitatio ad offerendum).
2.2 Conclusion via the iOS app
(1) The customer submits their offer by selecting an offer in the iOS app, providing the required information completely, and confirming the purchase by tapping the button that unambiguously triggers payment (e.g. "Zahlungspflichtig bestellen" — German for "Place order subject to payment" — or the equivalent unambiguous label provided by Apple Pay / Stripe in the relevant device and language version) in accordance with § 312j (3) BGB. Before binding submission, key contract information (service, total price incl. VAT, contract term, cancellation conditions) is displayed in summary form.
(2) The contract is concluded once The Hundred accepts the order via an order confirmation by e-mail sent to the customer's stored e-mail address. An automatically generated acknowledgment of receipt does not yet constitute acceptance.
(3) For subscriptions (monthly memberships), the contract is concluded upon successful processing of the first payment via the engaged payment service provider (Stripe).
2.3 Conclusion via the website
§ 2.2 applies accordingly to contracts concluded via the website.
2.4 Conclusion at the studio
(1) At the studio, the customer may book services directly by making an offer in person at the front desk. The Hundred accepts the offer by explicit declaration or by rendering the service.
(2) For contracts concluded at the studio, consumers do not have a statutory 14-day right of withdrawal under § 312g BGB, as no distance contract or off-premises contract within the meaning of §§ 312b, 312c BGB exists.
2.5 Storage of contract text
The Hundred stores the contract text. After conclusion of the contract, the customer receives the contract data, these Terms and the withdrawal instructions in text form (in particular as content of the order confirmation e-mail or via a stable archived link). Order data can be inspected after login to the customer account.
2.6 Language of contract
The language of the contract is German. This English translation is provided for informational purposes only and is not legally binding.
§ 3 Description of services
3.1 General
(1) The Hundred offers Reformer Pilates training on Balanced Body Studio Reformer equipment at the studio located in 61440 Oberursel (Taunus). The studio has twelve (12) Reformer stations.
(2) A group class typically lasts 50 minutes and is held with up to twelve (12) participants. There is no minimum participant count; a class will be held even if only one participant is booked.
(3) The Hundred is entitled to substitute trainers at short notice and to adjust the specific class content within the announced class type, provided this is reasonable for the customer.
3.2 Overview of offers
| Name | Price | Credits | Type | Validity / expiry |
|---|---|---|---|---|
| Single class | €32.50 (incl. 19% VAT) | 1 | One-off | 12 months from purchase |
| 5-class card | €145.00 (incl. 19% VAT) | 5 | One-off | 12 months from purchase |
| Membership (4 classes) | €110.00 / month (incl. 19% VAT) | 4 per month | Membership | Monthly renewal; unused credits forfeit on renewal |
| Membership (8 classes) | €200.00 / month (incl. 19% VAT) | 8 per month | Membership | Monthly renewal; unused credits forfeit on renewal |
All prices are final retail prices in Euro (€) including 19% statutory VAT.
The Hundred may from time to time offer additional or time-limited promotions (e.g. trial cards, seasonal packages). The applicable conditions (price, number of classes, validity, expiry) will be clearly displayed before contract conclusion and apply in addition to these Terms.
3.3 Memberships (4 / 8 classes) and "Founding Members"
(1) Memberships are offered as a monthly subscription. The initial term is three (3) months (minimum contractual term). After expiry of the minimum term, the contract automatically renews for an indefinite period; from that point, it may be cancelled monthly with one (1) month's notice to the end of a billing month (cf. § 6). This complies with § 309 No. 9 BGB as amended by the German Act on Fair Consumer Contracts (in force since 1 March 2022).
(2) Founding Members / Early Members: Persons who registered before studio opening via the Early Member programme receive a one-off welcome package:
- one free contract month (four (4) credits, equivalent to the 4-class membership),
- handpicked branded grip socks ("The Hundred" socks), to be collected once at the studio,
- preferential information about new offers.
These benefits are credited to the customer's account manually by The Hundred. There is no claim to cash equivalent. After the free month, the subscription continues under the selected terms unless cancelled in advance.
(3) Pausing the membership: The customer may pause the membership once per contract year for a consecutive period of up to four (4) weeks free of charge. The pause request must be made in text form to info@thehundred-pilates.de and received by The Hundred at least seven (7) days before the pause starts. During the pause, no fees are charged and no new credits are allocated; the minimum contract term is extended by the pause duration. Credits already granted before the pause remain unaffected and continue to expire under the general rules.
3.4 Credits
(1) "Credit" means the digital booking unit used to reserve a group class. A group class typically consumes one (1) credit.
(2) Credits from Single class and 10-class card are valid 12 months from the date of purchase. Unredeemed credits forfeit without replacement at the end of validity; no refund is granted. The Hundred will, as a courtesy, notify the customer by e-mail approximately seven days before expiry; this notice does not constitute an entitlement.
(3) Credits from memberships (4-class, 8-class) are allocated monthly on the respective renewal date. Unused monthly credits forfeit on the next renewal and are not transferable.
(4) Credits are personal and cannot be transferred, exchanged or paid out.
(5) Order of credit consumption when multiple sources are present: classes are always booked using the credits with the earliest expiry date first, regardless of whether they originate from a one-off purchase (Single class, 10-class card, promotional offers) or a membership. The decisive factor is the actual expiry date of each credit; for monthly membership credits, the next renewal date is treated as the applicable expiry date (cf. para. 3). Where expiry dates are equal, the earliest purchased credits are used first. This order protects the customer by preventing soon-to-expire credits from lapsing unused.
§ 4 Prices, payment terms, default
4.1 Prices
The prices in force at the time of contract conclusion as displayed in the app, on the website or at the front desk apply. All prices are final retail prices in Euro (€) including 19% statutory VAT.
4.2 Payment methods
(1) The Hundred offers payment via the payment service provider Stripe Payments Europe, Ltd. The following payment methods are available where enabled by Stripe for the respective contract:
- credit and debit card (Visa, Mastercard, American Express),
- SEPA Direct Debit,
- Apple Pay,
- Google Pay,
- Sofort / Klarna (where offered),
- PayPal (where offered).
(2) For subscriptions, a recurring payment method (e.g. card or SEPA Direct Debit) must be stored. The customer may change the payment method at any time via Stripe's Customer Portal (accessible in the app under "Zahlungsmethode verwalten") or at the front desk.
4.3 SEPA Direct Debit mandate
(1) When paying by SEPA Direct Debit, the customer authorises Stripe to debit recurring or one-off amounts in favour of The Hundred. The pre-notification period is shortened to up to one (1) day before debit; no separate notice is given before each debit.
(2) Should a direct debit fail due to insufficient funds or a chargeback caused by the customer, the customer must reimburse the bank fees incurred by the chargeback in their evidenced amount, if the customer is responsible for the chargeback.
4.4 Due date and default
(1) For one-off purchases (Single class, 10-class card, promotional offers), the purchase price is due immediately upon contract conclusion.
(2) For subscriptions, the monthly fee is due in advance on the respective renewal date. The first renewal date corresponds to the date of contract conclusion plus one month.
(3) If the customer is in default of payment, The Hundred is entitled to charge default interest under § 288 (1) BGB (for consumers, five percentage points above the base interest rate) and, after granting an adequate grace period, to suspend further services and temporarily lock the customer account.
(4) Failed recurring payments: If a recurring subscription payment fails, the payment provider will automatically retry several times (usually over a period of up to three (3) weeks). If the payment fails despite these retries, The Hundred will request payment by e-mail under a grace period of fourteen (14) days. If the grace period expires without payment, The Hundred is entitled to terminate the membership for cause; fees accrued in the meantime remain due.
4.5 Set-off, retention
The customer may set off against The Hundred's claims only with undisputed or legally established counterclaims. The customer may exercise a right of retention only if their counterclaim is based on the same contractual relationship.
§ 5 Booking, cancellation, no-show
5.1 Booking a group class
(1) Group classes are booked via The Hundred's iOS app or website. A valid, active credit on the customer account is required.
(2) The booking becomes binding upon allocation of a spot and display in the in-app "My Bookings" overview. A confirmation e-mail is additionally sent.
(3) Each customer may hold only one (1) booking per class instance. Booking on behalf of another person is not possible.
(4) The booking horizon is up to four (4) weeks ahead.
5.2 Cancellation by the customer
(1) The customer may cancel a booking at any time before the start of the class.
(2) Cancellation more than six (6) hours before class start: The booked spot is released and the credit used is fully restored to the customer account ("free cancellation").
(3) Cancellation less than six (6) hours before class start: The booked spot is released, but the credit used forfeits without replacement and is not restored.
(4) For cancellations within 6 hours of class start, the app explicitly warns the customer before confirming that the credit will not be refunded.
(5) Cancellations are accepted exclusively in digital form via the app, customer portal or by e-mail to info@thehundred-pilates.de. Phone or oral cancellations are not accepted for documentation reasons.
5.3 No-show
If the customer fails to attend a booked class without prior cancellation (no-show), the credit forfeits without replacement. No additional no-show fee is charged.
5.4 Cancellation / postponement by The Hundred
(1) The Hundred is entitled to cancel a class if the assigned trainer is unavailable at short notice and no replacement can be arranged, or if force majeure (e.g. regulatory order, power outage, water damage) prevents performance.
(2) If The Hundred cancels, the credit used is fully restored to the customer account. The customer is informed without delay by push notification and e-mail. Further claims (e.g. damages for lost time) are excluded within the limits of § 9, subject to mandatory statutory law.
5.5 Waitlist
If a class is fully booked, the customer may — where the feature is available — join a waitlist. If a spot becomes free, the customer will be notified according to their waitlist position. Automatic re-booking only takes place if explicitly enabled in the app settings.
§ 6 Term, renewal, cancellation, pause
6.1 Term of one-off purchases
Contracts for single classes, the 10-class card and comparable promotional offers are one-off purchases without a contractual term. The validity of acquired credits follows § 3.4 (generally 12 months from purchase; any deviating validity is shown before contract conclusion).
6.2 Term of memberships (4-class, 8-class)
(1) The minimum contractual term is three (3) months, starting from contract conclusion.
(2) After the minimum term, the contract renews for an indefinite period. From then on, it may be cancelled monthly with one (1) month's notice to the end of a billing month.
(3) Renewal and notice as per (1) and (2) comply with § 309 No. 9 BGB as amended by the Act on Fair Consumer Contracts (in force since 1 March 2022).
6.3 Ordinary cancellation
(1) The cancellation can be declared in text form (e-mail to info@thehundred-pilates.de or letter) or via the cancellation button on the website and in the iOS app (cf. § 6.4).
(2) The cancellation must be received by The Hundred no later than the last day of the notice period. Receipt of the declaration is decisive.
(3) Upon a valid cancellation, the membership ends at the next possible termination date. Already paid amounts will not be refunded pro rata, as credits are granted monthly and not consumed pro rata, unless the customer exercises their right of withdrawal (cf. § 7).
6.4 Cancellation button pursuant to § 312k BGB
(1) Consumers may cancel contracts concluded by electronic means at any time via the cancellation button provided by The Hundred. On the website the button is labelled "Verträge hier kündigen" ("Cancel contracts here") and is permanently visible and accessible without prior login. In the iOS app, the cancellation function is available under "Profil → Mitgliedschaft → Kündigen" ("Profile → Membership → Cancel").
(2) After activating the cancellation button, the consumer is taken directly to a confirmation page where the data required for cancellation (type of cancellation, contract data, contact data, desired cancellation date) can be entered. The cancellation becomes binding upon clicking the final button (e.g. "Jetzt kündigen" / "Cancel now").
(3) The Hundred confirms receipt of the cancellation declaration and the effective date in text form without delay.
6.5 Extraordinary termination
The right to terminate for cause remains unaffected for both parties. For the customer, cause exists in particular in the case of permanent, medically attested inability to train or a change of residence such that travel to the studio is no longer reasonable (generally more than 50 km between the new residence and the studio). For The Hundred, cause exists in particular in the case of repeated breach of studio rules by the customer, repeated payment default after reminder (cf. § 4.4 (4)), or a serious breach of trust.
6.6 Pause
See § 3.3 (3).
6.7 Account deletion
(1) The customer can delete their account at any time themselves — in the iOS app under "Profile → Delete account" and on the website in the profile area. Upon deletion, the personal data of the account is irreversibly anonymised or removed; signing in is no longer possible thereafter. Any unused credits are forfeited without compensation upon deletion.
(2) If an active membership exists at the time of the deletion request, the membership is cancelled with effect from the end of the current contractual term — i.e. at the end of the minimum term if it has not yet been reached, otherwise at the next possible ordinary cancellation date under § 6.3 — and the account is then deleted automatically. Until final deletion, the customer can cancel the deletion at any time. Any unused credits are forfeited without compensation upon final deletion.
(3) Even during an active membership, the customer may request immediate deletion by contacting info@thehundred-pilates.de (subject to verification of their identity). Any fees still outstanding up to the regular end of the contract remain unaffected and continue to fall due.
(4) For commercial and tax-law reasons (in particular § 257 HGB, § 147 AO), we are obliged to retain invoices and payment records even after account deletion for the statutory retention period (up to ten years). These records are kept separately from, or in anonymised form within, the remaining data; details are set out in the Privacy Policy.
§ 7 Right of withdrawal for consumers
(1) Consumers within the meaning of § 13 BGB have a statutory right of withdrawal under § 312g (1) BGB in conjunction with § 355 BGB for contracts concluded via the iOS app or the website (distance contracts within the meaning of § 312c BGB).
(2) Details on the right of withdrawal — in particular the withdrawal period of fourteen (14) days, the requirements for a valid withdrawal declaration, the consequences of withdrawal, and the statutory model withdrawal form — are set out in the separate Withdrawal Instructions attached to these Terms and available at https://thehundred-pilates.de/widerruf. The withdrawal instructions are additionally provided to the consumer in text form after contract conclusion (e.g. as content of the order confirmation e-mail).
(3) Early expiry of the right of withdrawal: If the consumer has expressly consented that The Hundred should begin performing the service before the withdrawal period expires, and has at the same time confirmed their awareness that they lose the right of withdrawal upon full performance by The Hundred, the right of withdrawal lapses upon full performance (§ 356 (4) BGB). For partial performance of an incomplete service, the consumer must pay the pro-rata value of the services rendered (§ 357a (2) BGB).
§ 8 Participant obligations
8.1 Health and fitness
(1) Reformer Pilates is a physically demanding activity. By concluding the contract, the customer affirms that they are physically fit to participate in the booked classes. In case of doubt, the customer must consult a doctor before commencing training, in particular in the case of pre-existing conditions (e.g. cardiovascular conditions, high blood pressure, back or joint conditions, neurological conditions), during pregnancy, and after operations or injuries.
(2) Participation during acute illness, especially contagious illness, is not permitted.
(3) The customer must inform the relevant trainer of pre-existing conditions, injuries, physical limitations or special circumstances (e.g. pregnancy) before training begins, to the extent necessary for safe class delivery. The customer may also store such information in their profile (field "Persönliche Hinweise" / Personal notes), where it is visible exclusively to the trainers of the booked classes.
(4) The customer acknowledges that trainers do not provide medical advice. Instructions and corrections serve solely training-methodological purposes.
8.2 Hands-on / physical contact
The customer may indicate in their profile whether they wish ("Hands-on") or decline ("Hands-off") physical corrections by the trainer. Default is "Hands-on enabled". The setting can be changed at any time and is shown to the trainer in the participant list.
8.3 Studio rules, hygiene, punctuality
(1) Within the studio, the instructions of studio personnel and the behavioural and hygiene rules summarised in § 8.3 apply. Where a supplementary house rules document is posted at the front desk or in the studio, it applies additionally.
(2) Sock requirement: For hygiene reasons, non-slip Pilates socks must be worn in the training area. Such socks are available at the front desk. Customers must observe appropriate personal hygiene before training. The used Reformer and equipment surfaces are to be wiped down after training using the cleaning wipes provided.
(3) Punctuality / late arrival: Customers should arrive at the studio at least five (5) minutes before class start. For safety and training reasons, admission will generally not be granted more than ten (10) minutes after class start. A credit used in this case is not refunded.
(4) Shoes are not permitted in the training area. Jewellery and watches must be removed before training.
8.4 Check-in
Check-in via the iOS app or at the front desk is required before training. The check-in window opens thirty (30) minutes before class start. Without check-in, admission may be denied.
8.5 Loss of belongings, cloakroom
The Hundred is not liable for loss or damage to personal items (in particular cash, jewellery, mobile phones, clothing) unless caused by intent or gross negligence of The Hundred or its vicarious agents (cf. § 9).
§ 9 Liability and limitation of liability
(1) The Hundred is liable without limitation for damage arising from injury to life, body or health caused by intentional or negligent breach of duty by The Hundred, a legal representative or a vicarious agent.
(2) The Hundred is further liable without limitation for other damage caused by intentional or grossly negligent breach of duty by The Hundred, a legal representative or a vicarious agent, and under the German Product Liability Act.
(3) For other damage caused by breach of a material contractual duty (cardinal duty) — the fulfilment of which makes proper performance of the contract possible in the first place and on whose observance the contracting party regularly relies — liability is limited to damage typically foreseeable for this type of contract.
(4) Any further liability of The Hundred — irrespective of the legal basis of the claim — is excluded. This applies in particular to claims in tort and to claims for reimbursement of futile expenses.
(5) Where liability of The Hundred is excluded or limited under the foregoing paragraphs, the same applies to the personal liability of The Hundred's organs, employees, staff, representatives and vicarious agents.
(6) The customer acknowledges that Reformer training may involve physical risks. To the extent the customer disregards trainer instructions, participates despite medical concerns, or fails to disclose pre-existing conditions contrary to § 8.1, The Hundred's liability for resulting damage is excluded to the extent permitted by law.
§ 10 Data protection
Personal data is processed solely in accordance with the General Data Protection Regulation (GDPR), the German Federal Data Protection Act (BDSG) and other applicable data protection laws. Details on the collection, processing and use of personal data, the legal bases, recipients, retention periods and data-subject rights are set out in the separate Privacy Policy available at https://thehundred-pilates.de/en/datenschutz and in the iOS app.
§ 11 Audio and video recordings at the studio
(1) Personal audio or video recordings during classes are generally prohibited for the protection of other participants.
(2) The Hundred reserves the right to occasionally take photographs or audio/video recordings for marketing, training or documentation purposes (e.g. during selected classes or events). Publication of recordings in which customers are identifiable will take place only with the prior express and voluntary consent in text form of the depicted person.
(3) Any consent given may be revoked by the customer at any time with effect for the future, informally. Revocation should be sent to info@thehundred-pilates.de.
§ 12 Changes to these Terms
(1) The Hundred reserves the right to amend these Terms where necessary due to a change in the legal situation, supreme court case law, regulatory orders, newly introduced or amended services, or comparable circumstances, provided the changes do not unreasonably disadvantage the customer.
(2) Planned changes will be announced to the customer in text form (e.g. by e-mail to the stored e-mail address) at least six (6) weeks before they take effect, with reference to the changed content and the planned effective date.
(3) If the customer does not agree to the change, they may terminate the contract extraordinarily with effect on the planned effective date by giving notice up to that date. The Hundred will expressly point out this special right of termination and the deadline in the change notice. If no cancellation is given within the deadline and the customer continues to use the services after the effective date, the amended Terms apply from that point.
(4) Changes to essential parts of the contract (in particular the principal services and main obligations, notably prices) are not covered by (1) and require express agreement with the customer.
Note on enforceability: The above amendment provision deliberately avoids a blanket fiction-of-consent through silence, as the validity of such clauses in consumer Terms may be doubtful under recent jurisprudence of the German Federal Court of Justice (in particular BGH XI ZR 26/20 of 27 April 2021). Instead, the customer is granted an express special right of termination in case of a planned change.
§ 13 Final provisions
13.1 Applicable law
These Terms are governed exclusively by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence (Art. 6 (2) Rome I Regulation).
13.2 Place of jurisdiction
Exclusive place of jurisdiction for all disputes arising from this contractual relationship is — to the extent the customer is a merchant, a legal entity under public law or a special fund under public law, or has no general domestic place of jurisdiction in Germany — Frankfurt am Main. Statutory jurisdictions apply to consumers.
13.3 Notice on consumer dispute resolution (§ 36 VSBG)
The Hundred is not willing and not obliged to participate in dispute resolution proceedings before a consumer arbitration body.
13.4 Notice on the EU Online Dispute Resolution Platform (Art. 14 (1) ODR Regulation)
The European Commission provides a platform for online dispute resolution (ODR), accessible at https://ec.europa.eu/consumers/odr. Our e-mail address for consumer enquiries is: info@thehundred-pilates.de.
13.5 Severability
Should any provision of these Terms be or become invalid in whole or in part, or should a gap in the provisions arise, the validity of the remaining provisions shall not be affected. In place of the invalid or missing provision, the statutory rule shall apply.
13.6 Text form
"Text form" within the meaning of these Terms is text form pursuant to § 126b BGB; it includes in particular transmission by e-mail.