I. Subject of the contract and purpose
 
The subject 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 use of the swimming channel and the costs will be regulated separately.
 
II. rights and duties of the owner
 
A. Training of the user
The owner undertakes to train the user before using the swimming channel for the first time within the framework of a three-hour course and to confirm the successful completion of the training to the user in writing. After the first instruction the owner conducts an annual further training concerning the use of the swimming channel.
 
B. Liability
The owner is not liable to the user or third parties for any damage resulting from the use of the swimming channel.
 
III. rights and obligations of the user
 
A. Education by the owner
Before using the swimming channel for the first time, the user undertakes to attend the training course to be carried out by the owner and the annual further training courses.
 
B. Use of the swimming channel
Only after completing the 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 monitor athletes who wish to test the swimming channel. The user undertakes to use the swimming channel and the associated premises in a proper and careful manner. In particular, the user must follow all instructions given by the owner and must be present in person for the entire duration of use. The user undertakes to draw up an individual test report within two weeks of the first use of the swimming channel and to send it to the owner, in which he records his experience in connection with the use of the swimming channel. The owner is entitled to use the test report for advertising purposes.
 
C. Film shooting/Privacy
The user acknowledges that the swimming channel has three cameras and agrees to film the athlete testing the facility from different perspectives. The images are used exclusively to analyse the athlete's swimming style. Any use of film recordings will only be made with the consent of the user or the athlete testing the swimming channel. The user acknowledges and agrees that the room in which the swimming channel is located may be filmed for safety reasons. He also undertakes to inform the athletes who test the swimming channel under his supervision of the aforementioned aspects of the filming and to obtain their consent to do so.
 
D. Liability
The user shall be liable to the owner for any damage to the subject matter of the contract caused by improper use. The user is liable for further damages unless he can prove that the damage occurred through no fault of his own. If the user is liable for a total loss or other destruction of the subject matter of the contract, he shall reimburse the replacement value of the floating channel. The corresponding insurance is the responsibility of the user. The user is responsible for the behaviour of the athletes who test the swimming channel under his supervision. In particular, the user is responsible for the proper instruction and supervision of the athletes, for their safety and for the proper and careful use of the swimming channel and the associated premises by the athletes. The user is obliged to fully indemnify the owner for all third-party claims arising in connection with his use of the subject matter of the contract.
 
E. Prohibition of instruction and subletting to third parties.
The user is prohibited from instructing third parties on the use of the swimming channel and from renting the swimming channel to third parties.
 
IV. Duration of contract/termination
 
The contract can be terminated in writing by either party with a notice period of two weeks. The contract ends automatically if the user has not used the subject matter of the contract for a period of six months.

Last update: September 2018