DSSV - Employers' Association of German Fitness and Health Facilities | On October 1, 2016, a change in the law will come into force that will have a direct impact on fitness studio contracts as well as employment contracts, for example: From then on, pre-formulated contractual terms that bind notifications or declarations to the contractual partner to "a stricter form than text form" will be invalid (Section 309 No. 13 BGB new version).
What does this mean in concrete terms?
Specifically, this means that it is inadmissible to stipulate in contracts concluded with consumers from October 1 that the contract must be terminated in writing. Termination in text form must be sufficient.
Difference between written form / text form
The difference between written form and text form is easy to explain. In short, the written form requires a handwritten signature, whereas a simple, unsigned document - such as an email or fax - is sufficient for the text form.
What do studio operators now have to consider?
On the one hand, this change in the law means that all contract forms used from October 1 must be amended accordingly in order to avoid the risk of a warning. Secondly, the notice of termination is then also effective if the notice of termination is not signed by hand; a notice of termination by fax or e-mail is sufficient. If the wording "Notice of termination must be given in writing" was previously used, from October 1, 2016 it should read: "Notice of termination must be given in text form".
What impact does the change have on employment contracts?
The change in the law also has an impact on employment contracts concluded after October 1. It is still required by law that notice of termination of the employment relationship must be given in writing. However, the exclusion clauses, which are usually at the end of the contract, must be amended to the effect that claims must be made in text form and no longer in writing.
Source: body LIFE
Published on: 28 September 2016