MyFitness

MEMBERSHIP

  1. Upon signing this Youth Workout Membership Agreement (hereinafter – the Youth Agreement or the Agreement) the Member shall be allowed to participate in workouts for Child’s age (12 (twelve) to 15 (fifteen) years old) and level of physical fitness training group under the terms and conditions stipulated in the Youth Agreement. In addition to workouts, the Child shall have the right to use other services of the Club according to the Youth Agreement and considering the age limitations stipulated in the Terms and Conditions. The Youth Agreement shall not authorize the Member to book a place in group trainings.
  2. Upon entry into the Youth Agreement, the Member shall be issued a personal electronic member’s card. Member’s card shall be personal and may not be handed over to third parties. In the event of breaching the above, the Club card shall be rendered invalid.
  3. The Youth Agreement shall be concluded and signed by Child’s Parent or guardian who is Child’s legal representative / legal guardian and thus solely responsible towards the Club for the fulfilment of all obligations laid down in the Youth Agreement.

PAYMENTS

  1. The Legal representative confirms that they shall enter into an agreement with a credit institution at their own discretion to ensure delivery of Club’s electronic invoices to Member’s online banking by setting a fixed limit for Club’s electronic invoice payments at no less than EUR 75.00 (seventy-five euro, zero cents) per Member’s subscription. The Legal representative and the Club shall be subject to the following payment procedure:
    1. The Club shall draw up an invoice to the Member electronically pursuant to Article 7 of the Law on Accounting and the invoice shall be valid without a signature. All payments arising from the Agreement shall be deducted automatically (if automated payment of electronic invoices is selected at the credit institution) by day 10 (ten) of the current month from the Legal representative’s respective account at the credit institution according to the agreement concluded by the Legal representative and the credit institution. The Legal representative shall have the right to agree with the Club on another type of payment for Club’s services.
    4.2. The Member or the Legal representative shall regardless of the manner they receive Club’s invoices ensure payment of Club’s invoice by day 10 (ten) of the current month or another date explicitly stipulated in the Agreement.
    4.3. The date on which the Club receives Member’s of the Legal representative’s payment according to Club’s invoice shall be deemed the date of payment of Club’s invoice. Change of the type of payment or non-use of services of a credit institution shall not affect the validity of the Agreement as well as fulfilment of Club’s and Member’s rights and obligations according to the terms and conditions of the Agreement.
    4.4. Period for settlement of accounts shall be one calendar month. Every payment shall be made for a full calendar month from the first until the last day of the month pursuant to Article 5 of the Agreement. Every commenced calendar month shall be deemed a full month.
    4.5. On day 15 (fifteen) of each month the Club shall book Member’s Youth Agreement subscription for the following calendar month while planning Club’s capacity.
    4.6. Booked subscription of the Youth Agreement shall be used as basis for issuing Club’s invoice to the Member and payment of the subscription fee for the period in which the services stipulated in the Youth Agreement are available to the Member.
    4.7. The Member shall have the right to use the subscription of the Youth Agreement until the end of the following month, should the subscription be booked from day 15 (fifteen) of the current month.
  2. In the event that the Agreement is concluded from day 1 (one) to day 24 (twenty-four) of the month, the Member shall pay the subscription fee for the current month. In the event that the Agreement is concluded from day 25 (twenty-five), the Member shall pay for the remaining days of the current month and the whole following month. Henceforth, all invoices arising from the Agreement shall be mailed to the e-mail address specified by the Member and to Member’s online banking provided that the Member of the Legal representative has entered into agreement with a credit institution on fulfilling Article 4 of the Agreement. The following terms shall be binding upon the Parties:
    1. The Member shall pay registration fee along with the first payment to the Club and in the event that the Agreement has been terminated and the Member has renewed their membership later on, upon entry into new agreement on services of the Club.
    5.2. All payments shall be made by the Member according to the effective service Price List of the Club.
  3. In the event that the Member delays payments arising from the Agreement, the Club shall be authorized to impose a default interest of 0.15% of the outstanding service fee for each day of delay.
  4. Effective subscription pursuant to the Agreement shall authorize but shall not impose an obligation on the Member to use services of the Club in the period in which the subscription is available or booked. The Member of the Legal representative shall pay the subscription fee to the Club pursuant to the terms and conditions of the Agreement regardless of the actual use of the subscription.

TEMPORARY SUSPENSION OF MEMBERSHIP

  1. Membership may be suspended temporarily between 1 June and 31 August due to any reason for 1 (one) to 3 (three) calendar months free of charge.
  2. Agreement on temporary suspension of membership shall be drawn up at the gym and signed by Child’s parent or legal representative and a representative of the Club.
  3. Should the agreement on temporary suspension of membership be concluded between day 1 and 14 of the month (inclusive), temporary suspension of membership shall become effective as of the first day of the following calendar month. Should the agreement on temporary suspension of membership be concluded between day 15 and last day of the month (inclusive), temporary suspension of membership shall become effective as of the first day of the next calendar month after the following month.

EXAMPLE: Should the agreement on temporary suspension of membership for one month be concluded on 14 May, temporary suspension of membership shall be effective from 1 June until 30 June. During this time, the Member shall not be allowed to use services of the Club. The right to use services of the Club and the obligation to pay the Membership fee shall renew automatically on 1 July. Should the agreement on temporary suspension of membership for one month be concluded on 15 May, temporary suspension of membership shall be effective from 1 July until 31 July.

11. It shall not be possible to conclude an agreement on temporary suspension of membership during the Youth trainings season – September to May. Should the Child be absent from the trainings, it shall not be entitled to refund of the Membership fee.

12. Between 1 June and 31 August, the Club shall have the right not to organize Youth trainings or not to offer trainings to a certain training group at the sports club.

13. In the event of Child’s long-term absence from trainings due to illness, the Parent shall have the right to submit an application to the Club or e-mail it to the manager of the Club within 5 (five) calendar days after Child’s period of illness has ended along with a medical certificate to apply for reduction of the Membership fee. The Member may apply for reduction of the Membership fee only in the event that the Child is ill for more than 14 days and Child’s Agreement is effective on the following calendar month after illness. The Club shall satisfy an application submitted timely under the following procedure: should the illness last 14 (fourteen) to 20 (twenty) days, the Club shall reduce the Membership fee for the following month due to illness by 25% (twenty-five percent); should the illness last for over 21 (twenty-one) days, the Club shall reduce the Membership fee for the following month due to illness by 50% (fifty percent) for each period of illness.

TERMINATION OF THE YOUTH AGREEMENT

14. This Agreement may be terminated by both parties pursuant to the terms and conditions of the Agreement.

15. This Agreement may be terminated by drawing up a written annex to the Agreement on termination of the Agreement and mutually signing it. A party shall have the right to terminate the Agreement unilaterally upon written notice to the other party under the Article 14 of the Agreement.

16. A party shall have the right to terminate the Agreement unilaterally upon written notice to the other party and, in this case, the Agreement shall become ineffective upon expiry of the subscription under the Article 4 of the Agreement. In the event of termination of the Agreement, the Member shall be obliged to pay the invoices for the booked period of the subscription.
In the event that parties to the Agreement enter into an annex on termination of the Agreement by day 14 (fourteen) of the current month or a party gives written notice on unilateral termination of the Agreement to the other party by day 14 (fourteen) of the current month, the Agreement shall be terminated as of the last day of the current month. In the event that parties to the Agreement enter into an annex on termination of the Agreement after day 14 (fourteen) of the current month or a party gives written notice on unilateral termination of the Agreement to the other party after day 14 (fourteen) of the current month, the Agreement shall be terminated as of the last day of the following month. The Agreement may be terminated under the procedure laid down herein.

EXAMPLE: Should annex to the Agreement on termination of the Agreement be signed mutually on 14 October, the Agreement shall be terminated as of 31 October. Should annex to the Agreement on termination of the Agreement be signed mutually on 15 October, the Agreement shall be terminated as of 30 November.

17. The Youth Agreement shall be terminated automatically on 31 May at the end of the season when the Child turns 16.

18. The Club shall have the right to terminate the Youth Agreement unilaterally by written notice 1 (one) month in advance.

AMENDMENTS TO THE YOUTH AGREEMENT

19. In cases other than those stipulated in this Agreement, the Agreement may be amended solely upon mutual written agreement between the parties – the Club and the Legal representative, except in the cases stipulated in Article 33 of the Agreement. Any and all changes to the Agreement shall become effective on the date specified in the amendments, however, no later than as of day 1 (one) of the following month after mutual singing of the said changes. Any and all amendments to the Agreement shall become an integral part of the Agreement upon mutual signing. The Club may amend the Youth Agreement unilaterally upon notice of amendments 1 (one) month in advance to the e-mail address specified by the Member.

LIABILITY

20. The Club shall be liable towards you and/or the Child and you and/or the Child shall have the right to access legal remedies solely in the event that the Club has breached its obligations deliberately or as a result of gross negligence. Limitation of liability shall not apply to cases in cause of death and harm to health.

MISCELLANEOUS

21. The Member of the Youth Agreement shall be obliged to abide by the Internal Rules of Procedure of the Club, General Terms and Conditions of the Agreement of the Club, Rules of Good Practice of the Club, Terms of Use of squash courts of the Club, Terms of Use the swimming pool of the Club, children’s room of the Club published on the Club’s website myfitness.lv as well as available at the Club.

22. Youth workout shall be organized according to a schedule prepared by the Club for the respective workout group and as frequently as specified in the schedule. The Club shall have the right to make changes to the schedule without prior notice. No workout shall be organized on public holidays.

23. Pursuant to the Agreement and the annexes thereof, the Club shall process personal data received under the laws and regulations of the Republic of Latvia aimed at fulfilling the mutual obligations arising from the Agreement. Personal data processing controller shall be the Club.

24. In the event that the Member fails to fulfil or significantly breaches their responsibilities and obligations stipulated in the Agreement, including if the Member or the Legal representative has failed to fulfil their payment obligations towards the Club by day 10 (ten) of the current month or another date explicitly stipulated in the Agreement, the Club shall have the right to terminate the Agreement under the procedure laid down in Article 16 of the Agreement, however, it shall not release the Member from its debt obligations, if any. Club service charge shall be calculated only for the period when the services were available to the Member. The Club shall be obliged to assess the character and nature (severity) of Member’s responsibilities and obligations before making a decision on unilateral termination of the Agreement with the Member.

25. In the event of discrepancies between any terms of the Agreement and laws and regulations of the Republic of Latvia or the invalidity thereof, it shall not affect the validity of other terms and conditions of the Agreement.

DATA

26. The Club shall be personal data processing controller of the Member of the Youth Agreement and their legal representative / legal guardian. The Club shall process the data in line with company’s Privacy Policy available on the Club’s website myfitness.lv and specifying purposes of data processing, types of data to be processed, information on data safety and storage, detailed description of your rights regarding personal data. By signing this Youth Agreement its Member and legal representative / legal guardian shall confirm that they have been sufficiently informed about the same.

27. The Club shall be responsible for personal data processing, e-mail for correspondence on these matters: datuaizsardziba@myfitness.lv.

28. By signing this Youth Agreement, its Member and legal representative / legal guardian shall obtain the right that pursuant to the effective laws and regulations applies to the data subject, including the right to have access to own personal data, to request corrections, deletion (the right “to be forgotten”) thereof, to request limitations on processing, data portability, the right to object to personal data processing according to the General Data Protection Regulation of the European Union or to prohibit processing of personal data for direct marketing purposes.

29. By signing this Youth Agreement, Member’s legal representative / legal guardian shall agree that the Club is authorized to transfer personal data of the legal representative / legal guardian (including name, personal identification number, and contact information) and data on legal representative’s / legal guardian’s debt obligations arising from this Agreement for publishing in payment obligation violation registry/-ies, should the legal representative / legal guardian delay payments to the Club for over 30 days; as well as for the purpose of debt collection to debt collection agencies.

30. By signing this Youth Agreement, Member’s legal representative / legal guardian agrees that the Club shall process their personal data and that of the Member of the Youth Agreement (including, name, personal identification number, birth date, contact information, and potentially preferred advantages regarding the use of services or delivery of goods) for the customer database and statistics.

31. By signing this Youth Agreement, Member’s legal representative / legal guardian shall confirm that they are aware that, should processing of personal data related to them or the Member of the Youth Agreement contradict provisions of the General Data Protection Regulation of the European Union, they shall have the right to contact the Data State Inspectorate or a court in order to protect its rights and interests.

DOCUMENTS OF THE AGREEMENT

32. The Youth Agreement shall consist of the General Terms and Conditions, the updated Terms and Conditions, Consent to Data Processing, Annex Parental Consent and Price List available on paper at the Club and on the Club’s website (myfitness.lv). In the event of discrepancies, terms and conditions of the Youth Agreement (excluding amendments to the Price List) shall prevail.

33. The Club shall have the right to alter the General Terms and Conditions, Terms and Conditions and the Price List unilaterally by publishing an announcement thereof on the Club’s website (myfitness.lv) at any time. In the event that you do not agree with the changes and such changes harm you / the Child significantly and consequently, you / the Child are not able to fulfil the terms and conditions of the Youth Agreement, you shall have the right to terminate the Youth Agreement within one month of the publishing date of such announcement.

34. You hereby confirm that you have read the Youth Agreement, General Terms and Conditions, Terms and Conditions, Privacy Statement, and the Price List and that you are obliged to fulfil the Youth Agreement and parts thereof fully.

35. This Agreement is made in two languages of which one is Latvian. The text in another language shall be purely informative in nature and, in the event of disputes, Latvian version shall apply.

36. All disputes between the Parties shall be regulated by negotitations. In case of failed negotiations the dispute shall be adjudicated in the court of the Republic of Latvia according to the laws of the Republic of Latvia.

 

By signing this Agreement, you confirm that the data specified is true and up-to-date as well as that the Agreement and the annexes thereof are known, understandable, and binding upon you.

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