1. This membership agreement (hereinafter – the Agreement) pursuant to the provisions included in the Agreement grants the ability to visit the specified sports club and use the services of the club provided in the specific membership (hereinafter – the Training Package). The Agreement is in force for indefinite period of time. It shall be effective on the day the Agreement is signed and continue to be effective till it is terminated in compliance with the Agreement.
2. After signing the Agreement, the Club provides the specific person with a Membership Card (hereinafter – the Card). The issued card can be used only by the person to whom it has been provided and whose personal data are specified on the specific Card. It is prohibited to pass the Card to a third party. Not following this provision shall lead to cancellation of the Card in question.
3. If a Member is not at least 18 (eighteen) years old at the moment of signing the Agreement, except for the cases where the Member has been acknowledged as an adult pursuant to the law or has married before the age of 18, the Agreement can be signed only by a legal guardian who then undertakes full responsibility for fulfilling all obligations specified in the Agreement.
4. The Member shall acknowledge his intention to sign an agreement with a credit institution of his own choosing that shall send electronic invoices of the Club to the internet bank account of the Member. The fixed limit of the electronic invoice of the Club shall not be less than EUR 75.00 (seventy five EUR, zero cents) for each Training Package selected by the Member.
4.1 The Club prepares invoices for the Member electronically pursuant to the Article 3 of the Law „On Accounting“, and the invoice is valid without a signature. All the payments stipulated in the Agreement shall be automatically charged (if the automatic electronic invoice payment option is enabled) from the specific account till the 10th(tenth) date of the current month according to the Agreement signed between the Member and the credit institution. The Member is entitled to agree with the Club on other types of payment used.
4.2 The Member undertakes to deliver payments till the 10th (tenth) date of the current month or other date specified in the Agreement independent of the method invoices are received.
4.3 The date on which the Club receives a payment from the Member in compliance with the invoice of the Club is considered to be the date of payment. Changing the method of payment or not using services of a credit institution shall not affect the eligibility of the Agreement nor the rights and obligations of the Member within the framework of the Agreement.
5. If the Agreement is signed between the 1st (first) and 24th (twenty fourth) date, the Member shall pay the subscription fee for the current month. If the Agreement is signed as of the 25th (twenty fifth) date, the Member shall pay for the remaining days in the current month and for the following month. All invoices shall be sent to the specified e-mail address and account of the Member electronically if the Member has concluded an agreement with a credit institution in accordance with Article 4. The Member shall pay the initiation fee executing the first payment to the Club and if the Agreement has been previously terminated and the Member renews his membership after a period of time by concluding a new agreement on the use of services of the Club. All the payments of the Member shall be carried out pursuant to the current pricelist of the Club.
6. The subscription fee is paid in compliance with the provisions of the Agreement and does not vary depending on the actual use of the Training Package. If the Member does not execute the payments on due date, the Club has the right, with a previous notice, to request a default interest of 0.15% of the total payment per each day of delay, as well as to provide information about failure to comply with the obligations to the persons stipulated in Article 19 responsible for gathering information about the debtors.
7. The payment for the Training Package provides the right, but no an obligation to use the services of the Club during the time period for which the payment is made.
8. The Member is liable to use on-hold membership for two consecutive months. On-hold membership is an optional service for a additional fee compliant with the pricelist of the Club, and can be purchased at the Club or on the website of the Club (myfitness.lv).
9. The Member can choose to acquire the service by signing an appendix of the Agreement at the Club.
10. If the member uses the on-hold membership service till the 14th (fourteenth) date of the current month, the on-hold membership service shall become active on the 1st (first) date of the following month. If the member uses the on-hold membership service as of the 15th (fifteenth) date of the current month, the on-hold membership service shall become active on the 1st (first) date of the month after the following month.
EXAMPLE: If the Member signs the appendix of the Agreement on the on-hold membership service for one month on the 14th May, the service shall be in effect from the 1st June till 30st June. While the on-hold membership service is active, the Member cannot access the services of the Club, using the Training Package, as well as the Member shall pay the on-hold membership fee on the 10th June in compliance with the Agreement. The rights to use the services of the Club and the obligations to pay the subscription fee stipulated in the Agreement are renewed on the 1st July. If the Member signs the appendix of the Agreement on the on-hold membership service for one month on the 15th May, the service shall be in effect from the 1st July till 31st July.
11. The appendix of the Agreement on the on-hold membership service can be terminated by a mutual written agreement between the Club and the Member. The appendix of the Agreement on the termination of the on-hold membership service shall not affect the eligibility of the Agreement.
TERMINATION OF THE AGREEMENT
12. Both Parties can terminate the Agreement pursuant to the provisions of the Agreement.
13. The Agreement can be terminated with an appendix drafted and signed by both Parties. A Party can unilaterally terminate the Agreement previously noticing the other Party in accordance with the provisions of Article 14 of the Agreement.
14. If Parties sign an appendix on termination of the Agreement till the 14th (fourteenth) date of the current month or a Party unilaterally submits a written notice on the termination of the Agreement to the other Party till the 14th (fourteenth) date of the current month, the Agreement is terminated on the last day of the current month. If Parties sign an appendix on termination of the Agreement after the 14th (fourteenth) date of the current month or a Party unilaterally submits a written notice on the termination of the Agreement to the other Party after the 14th (fourteenth) date of the current month, the Agreement is terminated on the last day of the following month. The Agreement can be terminated pursuant to the provisions of the Agreement.
EXAMPLE: If an appendix on termination of the Agreement is mutually signed on 14th October, the Agreement is terminated on the 31st October. If an appendix on termination of the Agreement is mutually signed on 15th October, the Agreement is terminated on the 30st November.
AMENDMENTS OF THE MEMBERSHIP AGREEMENT
15. In cases not specified in the Agreement, the Agreement can be amended with a mutual agreement between the Member and the Club, except for cases specified in Article 23. All amendments of the Agreement shall enter into force on the date stipulated in the amendments, but not later than the 1st (first) date of the following month after the mutual agreement is signed. All the amendments of the Agreement become an integral part of the Agreement after they are mutually signed by both Parties. The Member has the right to change the type of the Training Package and services included in the package after paying a fee that is stipulated in the pricelist of the Agreement.
16. Each Party of the Agreement is responsible for covering all the losses inflicted on the other Party.
17. The Agreement provides the Member with an ability to acquire other services that could require additional fees. The Club has the right to offer and with the consent of the Member (including, sending e-mails and calling to the Members of the Club) provide other chargeable services and include these fees into invoices in compliance with the pricelist of the Agreement and Club that can be found at the Club and on the website of the Club (myfitness.lv).
18. In compliance with the Agreement and the appendixes of the Agreement the personal data received from the Members is processed by the Club pursuant to the normative legislation of the Republic of Latvia in order to carry out obligations stipulated in the Agreement. Personal data is processed by the Club.
19. The Club shall have the right to pass the debt collection rights for the services received by the Member to licensed debt collection service providers including the right to use the Member’s personal data for the Member’s credit history and adding the respective data to the credit history databases. The Member is notified that the Club has the right to submit the Member’s personal data to third parties and to receive personal data from third parties, databases, accounting systems (including companies of the Club’s group abroad, Population Register, Credit Register of the Bank of Latvia, State Revenue Service, State Social Insurance Agency, State Regional Development Agency, Lindorff Oy Latvian branches (uniform registration No. 40003514990), any sworn advocate or another person at the Club’s choice) and process them according to the Personal Data Protection Law as well as other laws and regulations effective in the Republic of Latvia.
20. If the Member does not fulfil or violates the obligations and liabilities of the Agreement (Article 4.2 and Article 22 of the Membership Agreement), for example, fails to submit a payment till the 10th (tenth) date of the current month or other specifically set out date, the Club is eligible to terminate the Agreement pursuant to Article 14 of the Agreement, but does not release from debt commitment, if such exists. The fee for the use of the services of the Club is calculated only for the period the Member has been able to use the services of the Club.
21. If a provision of the Agreement does not comply with the normative legislation of the Republic of Latvia or is no longer in force, the rest of the Agreement is not affected in any way.
22. While on the premises of the club, the Member shall comply with the General provisions, booking rules, swimming pool rules, climbing wall rules, squash rules, solarium rules, and internal rules of the Club, payment provisions, and pricelist for services. All the provisions and rules are available on the website of the Club (Myfitness.lv) and at the Club. The Member is responsible for complying with the rules and provisions, while being on the premises of the Club.
23. The Club can amend the Agreement or appendixes of the Agreement and publish said changes on the website of the Club (Myfitness.lv) and at the Club, as well as send them to the e-mail address of the Member if such an address has been provided and the Member has agreed to receive notifications of the Club (if the Club has the e-mail address of the Member, the Club individually informs the Member by adding information to invoices). The Member can unilaterally terminate the Agreement if the Member has received a notification about amendments of the Agreement and disagrees with such amendments by submitting a written notice to the Club till the date the amendments enter into force. The Club informs the Member about the amendments of the provisions of the Agreement not later than one month before the amendments enter into force. Articles 14 and 15 do not refer to the application of Article 23.
24. All notifications of the Parties shall be submitted to the other Party in written form via mail or e-mail specified in the Agreement or registration information of the Member.
25. The Agreement is drafted in two languages. In Latvian and in another language. The text in the other language is purely informative, and only the text in Latvian is used to settle any disputes.
By signing the Agreement, You confirm that your data is correct and up to date, as well as you confirm that the Agreement and appendixes are understandable, known, and binding.