Statutes

Deutscher Industrieverband für Fitness und Gesundheit e.V.
(German Industrial Association for Fitness and Health)

Statutes of 7th April, 2003,  last changes on 29th January, 2016.

Statutes

§1 Name and headquarters of the Association
The Association’s name is “Deutscher Industrieverband für Fitness und Gesundheit e. V.“ (DIFG). The headquarters are located in Düsseldorf.
The place of jurisdiction is Düsseldorf.
The association is registered in the Register of Associations in Düsseldorf.

§2 Tasks and Objectives
It is the task of the German Industrial Association for Health and Fitness to organize the producers and trading and service companies of the fitness and health sector on a national level. By doing so it can correlate and represent the interests of its members regarding industrial law and economic and socio-political aspects. Apart from this the DIFG encourages competition in the fitness industry.

The DIFG consists of two parts: the section Fitness Studio and the section Home Fitness.
The aims of the DIFG shall be obtained as follows:
Representation of the interests of its members in public as well as vis-à-vis other economic organizations and associations.
The drawing up of market studies and statistics as well as the commissioning of research contracts.
Cooperation in standards committees in order to create uniform quality standards.
Formation and administration of capital to be used to carry out the association’s tasks and objectives.

§3 Members
The following can be become members of the DIFG:

1. Section Fitness Studio
Producers and trading companies of the fitness and wellness sector in the section fitness studio.
Distributors and other service providers of the fitness studio section, which support the aims of the DIFG.

2. Section Home Fitness
Producers and trading companies of the fitness and wellness sector in the section home fitness.
Distributors and other service providers of the home fitness section, which support the aims of the DIFG.

§4 Acquisition and end of membership
The membership is voluntary.
The membership is acquired through a written application of admission directed to the executive board. In the application for admission has to figure the section in which the company wants to become a member. The executive board decides on the application for admission by a written notification to the applicant.

The membership in the DIFG ends because of:
Resignation
Business closure or the start of insolvency proceedings
Expulsion

Resignation from the DIFG is only possible at the end of a calendar year. The resignation must be declared three months prior to the end of the calendar year by a written notification to the executive board.

If the business is closed or judicial insolvency proceedings get started, the membership in the DIFG ends. This has to be communicated to the executive board by registered letter.

The expulsion of a member can be decided by the executive board due to an important reason. That is particularly the case, if the member does not meet its obligations or if it acts contrary to the interests of the industrial association.

The decision of the executive board has to be contradicted within one month after delivery to the next general assembly.

Members who resign from the DIFG or who are expulsed, lose all claims to the assets of the association upon the day of termination. Paid contributions are not returned.

§5 Members’ Rights
Every member can make use of the DIFG as far as its statutory tasks are concerned.

§6 Membership Fees
The financial year corresponds to the calendar year. The membership fee is the same in both sections. It is paid per year and scales as follows:
Up to a turnover of 500,000.00€ of the member a fee of 1,000.00€ has to be paid.
If the turnover of the member is between 500,000.01 and 1,000,000.00€, a fee of 2,000.00€ has to be paid.
If the turnover of a member surpasses 1,000,000.01€, the yearly fee amounts to 3,000.00€.
Members who apply for a dual membership have to pay a yearly surcharge of 1,000.00€ for their dual membership in addition to their first membership.

§7 Organs of the association
Organs of the association are:
The general assembly
The executive board

§8 General Assembly
Every member has got one vote in the general assembly. A company with dual membership has got only one vote relating to decisions in the respective section. The right to vote cannot be transferred. The written exercise of the vote is not allowed.

The member with dual membership can only vote in the section chosen first regarding decisions of the whole executive board.

The general assembly has to be summoned at least once a year. The invitation to the general assembly has to be issued four weeks prior to the meeting by the executive board. It has to contain the agenda. It has to be summoned, too, if at least one fourth of the members asks for it, explaining their reasons, as required. Proposals for the agenda have to be addressed to the executive board two weeks prior to the meeting. The general assembly is headed by the first chairman. If he is absent, by one of the two representative second chairmen, and if they are absent, it is led by the treasurer. Should the latter be prevented from coming, the general assembly elects a head of assembly. The course of the meeting has to be recorded in a protocol, which has to be signed by the head of assembly.

The tasks of the general assembly are:
Approval of the session protocols
Receipt of the report of the cash auditors
Receipt of the annual and business report of the members of the executive board
Discharge of the executive board and the cash auditors
Re-election of the executive board and the cash auditors
Resolutions regarding the entered applications
Amendments of the statutes

There is one head to the fitness studio section and a second head to the section home fitness. The section heads represent the interests of their respective section in the executive board. They take over the function of the representative chairmen.

Problems or decisions which only concern the fitness studio section are handled and decided by the members of the fitness studio section. The same applies to the section home fitness. If financial means are required to implement a decision, those have to be released by the whole executive board.

Resolutions are taken by simple majority of the people present in the assembly.
Amendments of the statutes can be made only with a two thirds majority of votes of the present members.

§9 Executive Board
The executive board in compliance with §26 BGB consists of the chairman of the executive board, the chairmen of the sections fitness studio and home fitness, which both are part of the executive board as representative chairmen, and the treasurer. The association is represented by either the first chairman or jointly by two other members of the executive board.

Resolutions of the executive board are taken by simple majority. If the votes are equal, the chairman of the board has the casting vote.

The general assembly elects the executive board for the duration of five years. Re-election is possible.

As well the fitness studio as the home fitness section have a head of section. These two heads of section represent their respective sections in the executive board of the DIFG in the role of second chairmen. The election of the executive board takes place as follows: the members of the DIFG, both from the sections fitness studio and home fitness, who have the right to vote, elect the chairman of the executive board. The election of the representatives of the first chairman takes place in the respective sections.

The executive board takes over the current operations of the association. it is bound by the resolutions of the general assembly. It is responsible for the administration of the assets and the property as well as the management of the financial matters of the association.

Only people who belong to a company who is member of the DIFG can be elected into the executive board. If the member company resigns from the DIFG, the execution of the position on the executive board ends automatically, too.

Should a member of the executive board leave within the duration of one legislative term, the first chairman determines an interim representative for the unoccupied position on the executive board. The thus elected interim representative has got the full right to vote. He represents the association in compliance with §26 BGB, as stated above.

The provisional execution of the position on the executive bord is valid until revocation or until re-election of the whole executive board.

§10 Tasks of the First Chairman
The first chairman heads the general assembly and the executive board.
He represents the association in all financial matters.
He signs all relevant documents.

§11 Financial Funding and Fundraising
The means for the execution of the association’s tasks are procured as follows:
Membership fees
Cost allocations
Donations

Record is kept internally and separately on the means and earnings, as well as the overheads, of each section.

§12 Dissolution of the association
The DIFG can be dissolved only at a general assembly which has been convened exactly for this reason, if at least one half of the members is present, and three quarters of those members agree on the dissolution.

In the case of the dissolution the assets shall go to the Deutsche Sporthilfe (German Sports Aid Foundation).

§13 Coming into Force of the Statutes
The statutes of the DIFG (formerly DIFW) come into force on 7th April 2003.

Düsseldorf, 7th April 2003

The founders:
RFG GmbH (Volker Ebener)
Gym 80 International GmbH (Sonja Stromberg, Bernhard Pantförderer)
Inline Unternehmensberatung für Fitness- und Wellnessanlagen GmbH (Paul Underberg)
Phoenix Sportgeräte GmbH (Hans-Joachim Schneider)
Powierski Fitness Equipment GmbH (Thomas Powierski)
Proline GmbH (Ute Wilhelm-Cryns)
Bonsport GmbH (Thomas Schmiing)
Sachverständigen Büro für Freizeit- und Fitnessanlagen Dr. Til Hase und Partner (Dr. Til Hase)
Solutions GmbH (Ralf Hartmann)
ITNT Multimedia & Marketing GmbH ( Marco Rolof)
Deloitte & Touche ( Karsten Hollasch)
Ergoline GmbH (Wolfgang Bahne)
Fitness Management International GbR (Frau Winnemöller)
Gothar Versicherung AG (Hr. Loos)
Beck Business Develeopment ( Rainer Beck)
Debifact Debitoren- Factoring GmbH & Co.KG ( Frank Kaufmann)
FIBO Niederlassung der Reed Exhibitions Deutschland GmbH (Sandra Orth)