MyFitness

MyFitness rezervācijas noteikumi

1. Objective

1.1. The objective of the current general conditions (“General conditions”) is to state the general principles of services provided by the Club that apply to persons attending the Clubs with a single pass, period card or contractual membership.

1.2. General conditions apply to using the Club with a single pass or a period card so long as the articles in the General Conditions correspond to the idea of using the Sports Club with a single pass or a period card.

2. Recitals

2.1 The following concepts are used in the following meanings in the Membership Contract, General Conditions, Regulations, Price List and Booking Rules:

2.1.1. “Booking Rules” – Part of the Membership Contract that states the terms and conditions of participating in and registering for group trainings;

2.1.2. “Penalty fee for breaking the Booking Rules” – A fee stated in the Regulations and/or Booking Rules for the breaching of the booking rules stated in the Regulations and/or Booking Rules;

2.1.3. “Price List” – Part of the Contract that states the amounts of fees and penalty fees;

2.1.4.  “Place Fee” – A fee for applying the On-hold Membership as stated in the Member Contract or Price List;

2.1.5. “Contract” – Membership Contract and/or Children’s Contract;

2.1.6. “Fee for changing the Contract” – A fee stated in the Price List for changing the Membership Contract;

2.1.7. “Member” – A person who uses the services of the Club on the basis of a Membership Contract, period card or single pass or a person who attends group trainings on the basis of a Children’s Contract;

2.1.8. “Membership Card” – A personal electronic card issued to the Member;

2.1.9. “Membership Contract” – A contract between the Club and a Member for the use of the Club’s services. General Conditions, Regulations, Price List and Booking Rules are all part of the Membership Contract and are available in printed form in the Sports Clubs and online at the Club’s webpage (myfitness.lv);

2.1.10. “Membership Fee” – A fee dependent on the Training Package or training group chosen by the Member and payable monthly on the basis of an e-invoice standing order agreement;

2.1.11. “Membership Fee” – A fee dependent on the Training Package or training group chosen by the Member and payable monthly on the basis of a direct debit agreement;

2.1.12. “Sign-up Fee” – A fee charged upon joining the club as stated in the Membership Contract for which a direct service is not provided by the Club to the Member. The Sign-up Fee will be paid every time a Membership Contract is signed;

2.1.13. “On-hold” – a temporary  suspension of the member status on one (1) or at most on two (2) calendar months successively,  subject to the Payment for a place on the term and on the conditions established in the Member agreement. During “On hold” the Member would not obliged to pay the Membership payment (with the exception of the Membership payment which was subject to collecting before “On-hold”), and the Member will have no right to use services offered in Sports clubs;

2.1.14. “The on-hold agreement” – the double-sided written agreement concluded in Sports club and signed with own hand about introduction of “On-hold” on the conditions established in the Member agreement;

2.1.15. “E-invoice standing order agreement” – An agreement between the Member and bank on the basis of the conditions stated in the Membership Contract by which the Member allows the bank to pay all fees, interests and penalty fees derived from Membership Contract within the limit of the respective e-invoice standing order agreement.

2.1.16. “Agreement  ERRA” is the agreement as part of the agreement of the Member on transfer of the accounts prepared in electronic form and which grants to Club the right of deduction of all payments from the settlement account of the Member, and these payments must not to exceed the scope of  limit established by the agreement of the Member;

2.1.17. “Party” – The Club or the Member;

2.1.18. “Parties” – The Club and the Member;

2.1.19. “Regulations” – Regulation set by the Club for visiting the Sport(s) Club(s) and using its equipment that can be found in the Sports Clubs or on the Club’s webpage;

2.1.20. “Training Package” – A training package chosen by the Member in the Membership Contract with the Member’s respective rights in the Sports Club and its services stated in the Price List.

3. Concluding and changing the contract

3.1. The Contract will be concluded between the Club and the Member by signing all pages of the contract with authentic signatures, before Contract signing Member is obligated to present to Club administration a personal identification document.

3.2. For a client less than 18 years of age a parent or a legal guardian will sign the Membership Agreement and will be jointly and separately responsible for fulfilling all duties stated in the agreement.

3.3. The Club has the right to change the General Conditions, opening hours of the Sports Clubs, Price List, Regulations, Booking Rules and conditions of Training Packages unilaterally at any time. In case the changes harm a Member unreasonably and hinders the Member’s ability to fulfil the Contract, the Member has the right to end the agreement during one (1) month after the changes have been made. If the Member does not inform the Club in writing about their wish to end the Contract during the abovementioned time, the Member will be considered by the Club as agreeing with the changes and the Contract will remain in effect with the changes made by the Club.

3.4. The Club has the right to hold campaigns with conditions that will not be considered as changing the Contracts in effect nor will be applied to Contracts in effect.

3.5. Changing the schedule of group trainings or substituting the lessons or trainers of group trainings is not considered as changing the Contract and the Club has no obligation to inform the Member of such changes.

3.6. In case of Training Packages that are based on a Member’s specific conditions (age, studies, etc), the Member only has the right to purchase such Training Packages if and when the conditions apply to the Member at the time of purchase in accordance with the description of the Training Package. If the conditions of the Training Package do not apply to the Member at the time of signing the Contract or during the period of the Contract, the price of the most similar Training Package that does not require the respective conditions to be fulfilled will be applied to the Member. In the abovementioned situation the Club has the right to charge the Member with the differences in the price of the Training Packages retrospectively starting from the time when the conditions of the original Training Package ceased to apply to the Member.

4. Contract enforcement and validity

4.1. The Contract will come into force at the time stated in the Contract unless the Contract states a different enforcement condition or time limit.

4.2. The Membership Contract is unlimited.

5. Contract documents and interpretation

5.1. A Membership Contract consists of the General Conditions, Regulations, Price List, Booking Rules and all annexes added to the Membership Contract over time.

6. Use of the Club

6.1. A Member has the right to use the Sports Club and the services provided within on the basis of their single pass or period card or in accordance with the conditions stated in the Membership Contract based on their Training Package. When using the Sports Club the Member shall follow the guidance provided by the Club personnel.

6.2. Services in the Club can only be provided by persons authorized by the Club. A Member is not allowed to offer any services in the Sports Club (incl. but not exclusively training, counselling, guidance in the gym or in the pool) to third parties (incl. other Members) without a written permission from the Club.

6.3. Choosing and using services provided by the Club, a Member shall personally or with assistance of a competent person monitor their physical wellbeing and shall consult their doctor at the slightest of doubts or occurrence of any symptoms.

6.4. The Club (excl. children’s group trainings) can be used by persons over the age of 16 (incl.). Persons under the age of 16 shall use the Sports Club only when accompanied by an adult or under the conditions stated in the Training Package aimed at persons under the age of 16. For safety reasons it is not allowed for persons under the age of 16 to visit the Sports Club without fulfilling the abovementioned conditions.

6.5. A Member can enter the Sports Club using their Membership Card or a single pass. The Club personnel have the right to demand the Member to present their Membership Card. When a Membership Card or a single pass is not shown, the Club has the right to deny service to the Member.

6.6. When a Member has infringed on their contractual obligations the Club has the right to refuse the fulfilment of their obligations, including the refusal to allow a Member to enter the Sports Club or provide services to a Member without prior warning in case of the Member’s indebtedness until the infringement ceases. In such case the Member has no right to demand the Club to refund or reduce any fees paid by the Member to the Club.

6.7. Refusing to provide contractual services to the Member under the above-mentioned circumstances does not restrict the Club’s right to enable the Client to visit the Club on the basis of a single pass.

6.8. It is forbidden to pass on a Membership Card to another person.

6.9. A Member must immediately inform the Club when their Membership Card has been lost. In case of a Membership Card being lost or damaged the Member has the right to receive another Membership Card for a fee stated in the current Price List.

6.10. The Club has the right to demand the Member to be photographed in order to connect the photo to the Member’s data in the client database. Recording the Member’s photo allows the Club to check if the rules for the use of the Membership Card are followed.

6.11. In order to attend a group training (excl. children’s group training) a Member must register for the desired training on the Club’s website.

6.12. Since the number of persons is limited per each group training the Club cannot guarantee the availability of a place in the desired group training. The availability is dependent on the time of registration (places are granted to Members who register early).

6.13. If a Member is unable to attend a group training, they must cancel their booking in accordance with the Regulations and/or Booking Rules.

6.14. A Member can attend a group training without a registration only in case of available places.

6.15. In order to attend personal trainings and/or personal consulting a Member must register in advance. If a Member is unable to attend a personal training or consultancy, they must cancel their booking in accordance with the Regulations and/or Booking Rules. If the Member does not cancel their appointment in a stated manner nor attends the training or consultancy, they must pay the price of the training or consultancy as stated in the Price List.

6.16. The Club has the right to make changes in the schedule and substitute trainers as needed, including changes to the type, length, time and frequency of trainings. Changes stated in the current article are not considered as changes in the Contract and cannot be the reason to cancel the Contract.

6.17. For extraordinary reasons that are not dependent on the Club (e.g. ailment of a trainer, bomb threat, fire (threat), accident (threat)) the Club has the right to cancel or limit the use of the Sports Club, while informing the Member as soon as possible.

6.18. Club personnel maintain the training equipment and consult and instruct the Member about the use of available services, including the use of equipment. The Member will use the equipment purposefully and in accordance with the instructions received from the Club personnel.

6.19. The Client has access to lockers for clothes and valuables during their stay in the Sports Club. A Member is always advised to store their valuables in a valuables’ locker instead of a clothes’ locker. The Club is not responsible for safekeeping objects in the clothes’ or valuables’ lockers. It is forbidden to leave objects in the lockers or dressing rooms after leaving the Club.

6.20. When leaving the Club the Member must put the locker key back to its place or return it to the Club’s administrator. Damaging or losing the locker key will result in a penalty fee being applied to the Member as stated in the Price List or Regulations.

6.21. A Member shall behave in accordance to good manners and use the Club’s property accordingly. It is forbidden to disturb other Clients and Club personnel with one’s activity. Smoking and using alcohol or drugs is forbidden in the Club. Pets are not allowed in the Club. Club personnel has the right to temporarily suspend a Member from the Club who disobeys any of the abovementioned principles or raise a penalty fee demand against them on the basis of the Regulations or Price List.

6.22. The Club has the right to perform any kind of maintenance, cleaning and repairs in the Club and on its equipment to ensure the cleanliness and best condition of the Club. When possible, Members will be informed of such maintenance reasonably in advance. A Member is obliged to withstand such maintenance without raising any claims with the Club on the basis of possible inconveniences including the temporary impossibility to use the Club.

6.23. The Club has the right to hold events in the Sports Club that may result in a temporary change in the opening hours of the Sports Club and/or other limitations to the use of the Sports Club. The Club shall inform the Members about any events reasonably in advance by posting the respective information on the Club’s webpage. A Member is obliged to withstand the occurrence of such events without raising any claims with the Club on the basis of possible inconveniences including the temporary impossibility to use the Club.

7. Fees

7.1. A Member shall pay the Club for the services offered on the basis of an e-invoice standing order agreement in accordance with the conditions stated in the Contract and the amounts stated in the Contract and/or Price List.

7.2. A Member shall pay all fees, interests and fines onto the Club’s bank account on the basis of the e-invoice standing order agreement. The Sign-up Fee will in no case be returned.

7.3. Not receiving the invoice will not in any case free the Member of any contractual obligations because the Member should anticipate the amount resulting from the Contract and its articles. When paying on the basis of the e-invoice standing order agreement the Member must insure the availability of the correct amount on their account on the date stated in the Contract and insure the existence of an e-invoice standing order agreement in favour of the Club with a limit stated in the Contract.

7.4. In case the Member is unable to fulfil any contractual financial obligations due to insufficient information the Member is first and foremost obligated to obtain the missing information from the Club’s webpage or contact the Club as soon as possible to obtain the missing information.

7.5. In case a Member delays paying any contractual fees the Club has the right to charge an interest of 0,15% of the amount due for every day the payment is delayed until the complete amount has been paid.

7.6. A Member will pay the Membership Fee regardless of the time spent in the Club, including the time when the Member does not have access to the Club on the conditions stated in article 6.6 of the Contract.

8. Payment order

8.1. When a Member is obliged to simultaneously pay the Club different contractual fees, firstly, expenses related to the collection of fees will be covered from the payments made to fulfil duties; secondly other obligations (incl. interests and fines); and finally the main claims (incl. Sign-up and Membership Fees).

9. Referral of rights and obligations

9.1. The Club has the right to transfer the rights of collection of debt for services, received by the Member, to providers of service for return of a debt,  who have got the special permission (license) for rendering of services for return of a debt, that includes the rights of use of Member’s personal data for creation of credit history of the Subscriber and for placement of these data in a database on history of debts, including the following: the Member gives his agreement  that the Club will have the right of delivery of  the Member’s data to the third parties and receiving of Member’s data  from the third parties, as well as from databases, calculation systems.”

9.2. In case a legal entity pays for a Member or for a Member’s use of the Club, the consent of a respective person must be presented to the Club in a way accepted by the Club, before a Contract can be referred.

10. Liability

10.1. The Club is responsible for a Member and the Member has the right to use legal remedies against the Club only if the Club has infringed on their obligations intentionally or due to gross negligence. The limitation of responsibility does not apply in case of causing death or damaging health.

11. Termination of Contract, On-hold Membership and changing the Contract

11.1. The Club has the right to cancel a Contract extraordinarily without prior notice in case:

11.1.1. The Member’s activity in using the Club is a danger to themselves or others and the Member continues with the activity regardless of reprimand by the Club personnel;

11.1.2. A Membership Card is used by someone other than the Member;

11.1.3. The Member has delayed payment of any contractual fee for at least thirty (30) consecutive days or on more than three (3) times in a calendar year;

11.1.4. The Member has broken the restriction to provide services to third parties in the Sports Club without a written agreement by the Club;

11.1.5. The Member seriously breaches the Contract or its articles in any other way.

11.2. On the occurrence of a cause to cancel the Contract as stated in article 11.1. the Club has the right to demand payment of a penalty fee as stated in the Regulations or Price List and/or apply a lifelong ban on using the Sports Club(s) with or instead of cancellation.

11.3. The Club has the right to cancel the Contract regardless of the reason notifying the Member two (2) months in advance.

11.4. A Member has the right to cancel the Contract extraordinarily without prior notice in case  if the Club severely breaches the Contract intentionally or due to gross negligence;

11.5. Cancelling or changing the Contract and granting On-hold Membership on the grounds stated in the Contract will only be enacted in a way stated in the appropriate article in the Contract with respective deadlines. A Contract will not be considered as cancelled or changed nor On-hold Membership granted if the Member has not fully followed the procedure of Cancelling or changing the Contract and granting On-hold Membership as stated in the respective article of the Contract.

11.6. The Club has the right to ignore any expression of will concerning the Cancelling or changing the Contract and granting On-hold Membership if it has not been formalized properly.

11.7. Cancellation of the Contract or presenting a Penalty Fee claim do not limit or exclude the Club’s right to demand the Member to pay any contractual fees and/or recover any damages.

12. Notifications

12.1. If not otherwise stated in the Contract the Club will refer any notifications in connection with the Contract, General Conditions, Regulations and Booking Rules and any other communications to the Member based on the contact information stated in the Contract, foremost to the e-mail address stated in the Contract.

12.2. Notifications and other communication will be considered as delivered once five (5) calendar days have passed since referral.

12.3. A Member is obliged to immediately inform the Club in any changes in personal data or contact information.

12.4. The Club will post all general announcements on its webpage.

13. Applicable law and settlement of disputes

13.1. In case of questions not regulated in the Contract, the Parties will follow legislations valid in the Republic of Latvia.

13.2. All disputes resultant or connected to the Contract will be settled by negotiations and in case of continuous disagreement the disputes will be settled in the court in accordance with the legislations of the Republic of Latvia.

14. Confidentiality

14.1. If not otherwise stated in the Contract the Parties shall not reveal any information about the signing and conditions of the Contract to third parties.

15. Processing of personal data

15.1. The Club processes the personal data of its Members according to the requirements of the General Data Protection Regulation and other applicable legal acts and pursuant to the conditions of the Privacy Notice.

16. Final provisions

16.1. The Club as the right to hold campaigns with discounts applicable only during the campaign period and to persons who meet the requirements stated in the campaign conditions.

16.2. The conditions of a campaign are mostly applicable to new members and the Club has the right to refuse signing a Contract on the basis of doubt that the person has cancelled a Contract for the sole reason or main calculation of gaining benefits from the campaign.

16.3. In case of changes in taxes or rates the Club has the right to change all fees in the Contract in accordance with the change in the taxes or rates informing the Member at least thirty (30) days in advance. The club will not inform the Member of reduction of fees.

 

This General Conditions were created and available in three languages – one of which is Latvian. The text in a foreign language shall be used for informative purposes only; in the event of disputes the Latvian version shall prevail.

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