GTC

I. Subject matter of the contract and purpose

The subject matter of the contract is a swimming channel, which is located for exhibition purposes in the premises at Hüttenstrasse 10 in 8810 Horgen. The owner shall make the swimming channel and the associated premises available to the user for test purposes for a fee during times to be agreed. Details regarding the time of use of the swimming channel and the costs are regulated separately.

II Rights and obligations of the owner

A. User training
The owner undertakes to provide the user with a three-hour training course before using the swimming channel for the first time and to confirm the successful completion of the training to the user in writing. After the initial instruction, the owner shall provide further training on the use of the swimming channel on an annual basis.

B. Liability
The owner is not liable to the user or third parties for any damage arising from the use of the swimming channel.

III. Rights and obligations of the user

A. Training by the owner
Before using the swimming channel for the first time, the user undertakes to attend the training course to be held by the owner as well as the annual further training courses.

B. Use of the swimming channel
Only after completing training (see II.A above) is the user entitled to use the swimming channel independently during times to be agreed and, in particular, to instruct and supervise athletes who wish to test the swimming channel. The user undertakes to use the swimming channel and the associated facilities carefully and in accordance with their intended use. In particular, the user must follow all instructions given by the owner and must be personally present for the entire duration of use. The user undertakes to write an individual test report within 2 weeks of using the swimming channel for the first time and to send it to the owner, in which he records his experiences in connection with the use of the swimming channel. The owner is entitled to use the test report for advertising purposes.

C. Filming/data protection
The user acknowledges that the swimming channel has three cameras and agrees to film the athlete testing the facility from different perspectives. The recordings are used exclusively to analyze the athlete’s swimming style. Any use of film recordings will only take place with the consent of the user or the athlete testing the swimming channel. The user acknowledges and agrees that the area in which the swimming channel is located may be filmed for safety reasons. He also undertakes to inform the athletes testing the swimming channel under his supervision about the aforementioned aspects of the filming and to obtain their consent.

D. Liability
The user is liable to the owner for damage to the subject matter of the contract caused by improper use. The user shall be liable for further damage unless he can prove that the damage occurred through no fault of his own. If the user is responsible for a total loss or other destruction of the subject matter of the contract, the user must compensate the replacement value of the floating canal. The corresponding insurance is the responsibility of the user. The user is responsible for the behavior of the athletes who test the swimming channel under his supervision. In particular, the user is liable for the proper instruction and supervision of the athletes, for their safety and for the appropriate and careful use of the swimming channel and the associated facilities by the athletes. The user is obliged to fully indemnify the owner for all third-party claims for damages arising in connection with his use of the contractual object.

E. Prohibition of instruction and subletting to third parties
The user is prohibited from instructing third parties regarding the use of the swimming channel and from renting the swimming channel to third parties.

IV. Term of contract/termination

The contract may be terminated by either contracting party by giving two weeks’ written notice. The contract ends automatically if the user has not used the object of the contract for a period of six months.

Status: September 2018