Terms and Conditions

These General Terms and Conditions (“GTC”) apply to the entire business area of Smitam GmbH ( after “Smitam”). Smitam offers courses, workshops, and events in the field of yoga and Pilates. Smitam recommends regular course attendance in order to achieve the best possible training results. In order not to disturb course participants and to benefit from the systematic course structure, it is important to arrive on time for lessons.

Smitam primarily provides paid services. The terms and conditions apply to every service that is booked in any way (via website, email, telephone, etc.). Participants are any natural or legal persons who purchase activities from the provider or have registered for such services. By using one or more services, the participant irrevocably agrees to the application of these terms and conditions.

The following general terms and conditions are deemed to have been agreed for the performance of all activities or services provided by Smitam. These terms and conditions are deemed to be binding at the latest upon binding registration and are accepted and agreed to by the participant.

Smitam offers participants various subscriptions for different courses and durations. The specific services and durations of each subscription are available on the website.

All Smitam subscriptions are personal and non-cancellable and non-transferable. The duration of each subscription is binding.

Paid subscriptions that are unused or only partially used expire at the end of their validity period. No refund is available.

The contract is concluded upon the purchase of a subscription. In any case, a contract is deemed to be concluded if the participant uses the services offered by Smitam and/or purchases products directly.

In special cases (e.g., extended illness or accident), ongoing subscriptions may be suspended and extended for the duration of the participant's absence.

The request must be immediately submitted in writing to info@smitam.ch. In all cases, a medical certificate must be provided.

Unless otherwise stated in specific offers, all prices are in Swiss Francs (CHF). All prices include any applicable value-added tax (VAT).

Smitam reserves the right to change prices at any time. The prices applicable at the time of contract conclusion, as listed on the website, shall apply.

Smitam offers participants the following payment methods: credit card or bank transfer via the website or the “Fit by Wix” app.

The participant is obliged to pay the invoiced amount before the start of the course. Offsetting the invoiced amount against any claims the participant may have against Smitam is not permitted.

Smitam reserves the right to withhold delivery of services in the event of late payment.

For all yoga classes, Pilates classes, and workshops taught or organized by Smitam, participants are expected to take personal responsibility and to have normal mental and physical fitness and endurance. Yoga and Pilates classes do not constitute medical or psychotherapeutic treatment.

Existing health conditions, including pregnancy, must be reported to the Smitam team no later than the start of the class. Should a health issue arise during the class, the Smitam team must be informed immediately.

All participants attend these classes at their own risk. It is therefore at the participant’s discretion to seek medical advice before attending yoga or Pilates classes.

Smitam reserves the right to refuse participation if there are indications that the participant does not meet the health or mental requirements for the class. This refusal may occur shortly before or during the activity. In the event of such refusal, a partial refund of the fees will be issued.

Insurance is the sole responsibility of the participant, and Smitam disclaims all liability. Smitam also assumes no liability for valuables brought by participants.

Course registration is carried out independently by the participant via the website or the “Fit by Wix” app. After creating a user account, each participant can flexibly organize their schedule, check the status of their subscriptions, or cancel their attendance if they are unable to attend.

Subscriptions can be paid directly via the website or the “Fit by Wix” app.

Class sizes are limited, and available places are indicated on the website. Smitam recommends early registration to secure a spot in the desired class.

If there are fewer than two participants, Smitam reserves the right to cancel the class. In such cases, participants will be notified in advance, and any fees paid for the class will be credited back to the participant’s account.

Participants arriving more than five (5) minutes after the start of a class may not be allowed to participate or may be asked to leave the class. This rule ensures the smooth conduct of classes and protects the rights of all participants. Punctuality is required to maintain the quality and effectiveness of the course.

Cancellations of personal training sessions must be made at least 24 hours in advance, and cancellations of group classes (Yoga & Reformer) must be made at least 12 hours in advance.

Otherwise, the full class fee will be charged.

Rebooking Fees:

The amount of the rebooking fee (regular course price) depends on the timing of the rebooking:

• Up to 30 calendar days before course start: CHF 50.00

• 29 to 8 calendar days before course start: 60% of total cost

• 7 to 0 calendar days before course start: 100% of total cost

• No-show: 100% of total cost

• Course termination: 100% of total cost

​

Illness and Accident:

• Absences or cancellations due to illness or accident must be certified by a medical certificate.

• The missed class may, if possible, be made up at a later date, or the difference in course fees will be refunded.

​

Substitute Participants for Workshops:

• If a substitute participant is nominated who meets the course requirements, the paid course fee will be transferred to the substitute participant.

• No refunds are granted for missed lessons in principle.

Cancellation by Participants

• If a participant cancels up to 90 days before the start of the retreat, the amount paid will be refunded minus a 10% processing fee.

• If a participant cancels between 89 and 40 days before the start of the retreat, 50% of the total fee will be refunded.

• If a participant cancels less than 40 days before the start of the retreat, no refund will be granted.

The reserved place may be transferred to a substitute participant. In this case, a processing fee and any rebooking costs may apply.

​

Changes to Program and Services:

Smitam reserves the right to make changes to the program or individual services (e.g., accommodation, guidance, yoga instructors, transport) due to unforeseen circumstances or for safety reasons. Any additional costs incurred will be borne by the participants.

​

Early Termination by Participants:

If a participant terminates their participation for personal reasons, no refund will be provided. Any additional costs (e.g., for return travel or rebooking) will be the responsibility of the participant.

​

Retreat Cancellation by Smitam:

Smitam may cancel the retreat if:

1. Force majeure events occur (e.g., natural disasters, government measures, strikes, illness of course instructors), or

2. The minimum number of participants is not reached (cancellation at the latest 30 days before the start of the retreat).

In such cases, the amount paid will be fully refunded. No further claims may be made.

Travel & Entry Requirements:

• Travel to and from the retreat is the responsibility of the participants and is not included in the offer.

• Compliance with entry requirements (e.g., passport, visa, vaccinations, customs regulations) is the sole responsibility of the participants.

• Smitam assumes no liability for failure to meet entry requirements or for related costs (e.g., denied entry, flight changes).

Insurance:

• Participants are responsible for arranging their own insurance. Smitam disclaims any liability for theft, loss, or damage of personal belongings.

• Participants are strongly recommended to obtain the following insurance coverage:

  1. Travel cancellation insurance (to cover costs in case of non-attendance or early termination of the retreat)

  2. Health and accident insurance with international coverage, including medical repatriation.

Changes to the schedule or instructors may occur at any time. No refund is due for such changes. Substitutions and holidays are always displayed on the website schedule. Smitam reserves the right to reduce classes during holiday periods. Subscription validity includes holiday weeks. There is no guarantee that a class will always be led by the same instructor. Smitam also reserves the right to cancel classes without replacement if there are fewer than two participants.

Smitam guarantees to perform the agreed services to industry-standard quality.

Liability for any indirect or consequential damages is fully excluded. Liability for direct damages is limited to the purchase price of the service. This limitation of liability does not apply to direct damages caused by gross negligence or intentional misconduct. The participant is obliged to report any damages to Smitam immediately.

All rights to products, services, and any trademarks belong to Smitam, or Smitam is authorized by the rights holder to use them. Neither these Terms and Conditions nor any related individual agreements transfer any intellectual property rights, unless explicitly stated. Furthermore, any reuse, publication, or disclosure of information, images, texts, or other materials received by the participant in connection with these terms is prohibited unless expressly authorized by Smitam. If the participant uses content, texts, or visual materials related to Smitam that are protected by third-party rights, the participant must ensure that no third-party rights are infringed.

Smitam may process and use the personal data collected in connection with the conclusion of the contract to fulfill its obligations under the contract. Smitam takes all measures necessary to secure the data in accordance with legal requirements. The participant fully agrees to the storage and contractual use of their personal data by Smitam and acknowledges that Smitam is required and authorized to disclose participant information to courts or authorities upon order.

Unless the participant has expressly prohibited it, Smitam may use these personal data for marketing purposes. Data necessary for the fulfillment of services may also be shared with commissioned service partners or other third parties.

These Terms and Conditions may be amended by Smitam at any time. The new version shall take effect 30 (thirty) days after being published on the website by Smitam. As a general rule, the version of the Terms and Conditions in effect at the time of contract conclusion applies to the participant, unless the participant has expressly agreed to a more recent version.

These Terms and Conditions take precedence over all previous provisions and agreements. Only provisions from individual contracts that further specify the provisions of the Terms and Conditions take precedence over these Terms and Conditions.

Should any provision of this agreement or any appendix to this agreement be or become invalid, the validity of the remaining provisions shall remain unaffected. The contracting parties shall replace the invalid provision with a valid provision that comes as close as possible to the intended economic purpose of the invalid provision. The same shall also apply to any gaps in the contract.

Both parties agree to treat all information provided or acquired in connection with the services as confidential. This obligation remains in effect even after the termination of the contract.

If timely performance by the Company, its suppliers, or any third parties engaged by it is rendered impossible due to force majeure, the Company shall be released from the affected obligations for the duration of the force majeure event and for a reasonable period thereafter to resume performance.
If the force majeure event lasts longer than thirty (30) days, Smitam may terminate the Agreement. Smitam shall fully refund any fees already paid by the Participants. Any further claims, in particular claims for damages resulting from force majeure, are excluded.

These Terms and Conditions are governed by Swiss law. Unless mandatory statutory provisions apply, the court at Smitam's registered office shall have jurisdiction. Smitam reserves the right to bring an action at the defendant's registered office.

Zurich, October 9, 2025