GENERAL TERMS AND CONDITIONS FOR USING THE FITNESS STUDIO
(hereinafter also the “GT&C”)
1. CONCLUSION OF THE AGREEMENT
1.1. Extent of the services
The clever fit Kotva studio (operated by Fit Academy Kotva s.r.o., Kaprova 42/14, 110 00, Prague 1, Company ID: 09552928) provides its members the services as set in the membership agreement. The services are provided during the official opening hours that are put up in the fitness studio. The studio facilities may be used only subject to having a valid membership. Only a person over the age of 15 shall be allowed to become a member.
1.2. Supplementary performance
The studio may charge additional fees or expenses for using its additionally offered products and services, such as the solarium. This shall be brought to the attention of the member in advance in the premises of the fitness studio. Subsequent payment of such additional fees or expenses shall be effected without delay on the day when the member ceases to use the studio facilities, and exclusively through a fitness studio payment terminal or, where appropriate, in accordance with the payments according to paragraph 2.6. hereof.
For minors from 15 to 18 years of age, membership is only possible with the permission of their legal representatives. Their permission will be replaced by the consent of the member as soon as the member reaches the age of 18.
2. MEDIUM ENABLING ACCESS
2.1. Authorization to access the fitness studio and the associated taking of the member’s fingerprints and a photograph capturing the appearance of the member. Only those who are members of the fitness studio shall be allowed to enter the studio premises. Upon concluding a membership agreement, the member shall obtain a medium (a membership card or a membership bracelet) that will allow him/her access to the studio. The member must have the access-enabling medium with him/her, otherwise the studio may deny the member entry to the studio or may deny him/her the use of reserved additional services if the member cannot prove his/her identity in another way and unless the existence of a valid membership can be proved. With respect to the provision allowing access to the fitness studio only to its members and the provision requiring a particular person to demonstrate that he/she is really a member of the studio, members shall also be obliged to identify themselves with their fingerprints and a photo of their face upon entering the fitness studio. For this purpose, the member hereby expressly agrees or, as the case may be, gives the studio his/her express consent with his/her fingerprints and a photo capturing his/her face to be taken upon concluding the agreement. The studio shall be entitled to process and maintain such taken fingerprints and a photo of the face of the member solely for the purpose of enabling the specific person to prove his/her membership.
2.2. The fee for the first issuance of an access-enabling medium
The fee of CZK 600 shall be charged for the first issuance of an access-enabling medium.
2.3. Handling an access-enabling medium
The member shall be obliged to ensure the safe storage of his / her access-enabling medium and, in case of its loss, to immediately report it to the studio. After a loss is reported, any payment function of the access-enabling medium will be blocked.
2.4. Non-transferability of membership rights
Membership in the studio is linked to a person and may not be transferred. The member hereby undertakes that only he himself/she herself will use the access-enabling medium that has been handed over to him/her and will not cede it to a third person. If the member breaks this condition, that is cedes his/her access-enabling medium knowingly and deliberately to a third person, so that he/she would enable the third person access, the studio may demand a contractual penalty of CZK 1,000 from him/her for each case of breach of the condition, without the need to prove the damage incurred. This shall not prejudice the exercising of any further rights arising from such a breach, in particular the right to claim any further damage and the possibility to terminate membership extraordinarily. No prior notice is required to exercise these rights.
2.5. Reissuing of the access-enabling medium
An activation fee of CZK 600 is payable for any single re-issuance of the access-enabling medium required due to the loss or damage of the access-enabling medium attributable to the member’s negligence.
2.6. Cashless payments made using the access-enabling medium
The studio is entitled to introduce a non-cash payment system for all products and services that it offers in addition to the contractually agreed performance. Where the studio exercises this option, the member may use the offered products and additional services exclusively under the non-cash payment system via the access-enabling medium. The studio may determine the maximum amount of a credit, the amount of each credit recharge and the options of payment methods. During the term of the agreement, the member may, at any time, have the amount credited to the access-enabling medium transferred back to his/her current account. The member is not entitled to partial refunds or cash refunds of the credit. The credit that will be recorded on the access-enabling medium at the end of the agreement will be transferred to the current account of the member unless there are any outstanding arrears owed by the member under the contractual relationship at the time. In such a case, the studio shall be entitled to collect the credit balance as an offset against the arrears.
3. USING THE STUDIO
3.1. Rules of operation
When using the studio, the member shall be subject to the local rules of operation. The rules of operation shall include, in particular, the rules for the permissible use of equipment and the studio and for the observance of the rights of other members. The studio staff shall be entitled to give instructions if these are necessary for maintaining the proper operation of the studio, order and safety or for complying with the rules of operation. The member shall be obliged to obey the instructions.
3.2. Using the lockers
There are lockers available in the studio. The member may use the lockers only during his/her presence in the studio. The studio is entitled to open and clear out the occupied lockers if they are used by the member also outside the time of his/her presence in the studio. The studio is not responsible for the loss, damage to or theft of the things placed outside a locker. Valuables (especially money, jewels, documents, car keys, etc.) must be handed over to the receptionist.
3.3. Using customer parking spaces
The parking spaces provided to customers by the studio may be used by the member only during his/her presence in the studio. The studio is entitled to issue parking cards, which the member must visibly display in the vehicle. If the parking space is occupied without the member being present in the studio and if the parking card is not displayed in the vehicle, the studio is entitled to have the vehicle be towed away for a fee.
3.4. Camera system
The studio notifies its members and members hereby acknowledge and thus expressly agree that they will be monitored by a camera system in the fitness studio. The purpose of operating such a camera system is not only to protect the rights and legitimate interests of the studio, in the scope of the general protection of the studio’s property, but also to protect the health and property of members moving around the premises of the fitness studio. The camera system records only the public space of the fitness studio. The camera system is not operated in the areas such as toilets and cloakrooms. Only authorized persons have access to the records.
4. OBLIGATIONS OF THE MEMBER
To bring accompanying persons, including children, to the studio, is permitted only with the express prior permission of the studio. It is prohibited to bring any animals to the studio.
4.2. Breach of the duty of proper conduct
The member is obliged to comply with the conditions set in the rules of operation and properly abide by his/her obligation of proper conduct stipulated herein. If the member repeatedly and despite an admonition fails to comply with the contractual obligations arising from membership, the studio shall be entitled to withdraw from the membership agreement in writing.
4.3. Changes in personal data
The member is obliged to immediately notify the studio of any change of his/her personal data relevant to the agreement, such as name, address, etc. The costs incurred by the studio as a result of the member failing to immediately notifying a change of his/her personal data shall be borne by the member.
5. MEMBERSHIP FEE AND DELAY IN PAYING THE FEE
5.1. Basic membership fee and maturity of membership fee
The basic membership fee is specified in the membership agreement. The agreed membership fee, a flat administrative fee and a one-off fee for the first issue of the access-enabling medium will originate upon concluding a membership agreement. If it is agreed with the member that the membership fee will be paid as a one-time payment in advance, the amount must be paid to the studio no later than on the day of the beginning of the membership. If a one-time payment is not agreed, the member is entitled to pay the membership fee to the studio in even monthly instalments. The monthly membership fees are then always payable on the 1st day of the month for the relevant calendar month (the instalment period). In this case, the administrative fee and the fee for the first issue of the access-enabling medium shall be paid to the studio at the same time as the first payment of the membership fee. All payments (membership fee, charges or other payments) the member is obliged to pay under the terms and conditions of this agreement, shall be paid by the member to the studio primarily as a payment executed via the payment gateway on the studio’s website or via the payment terminal at the fitness studio by means of a payment card or another similar technology, i.e. by cashless payment. An exception is the payment of a membership fee for the period of at least 3 calendar months, when the member shall be entitled to execute such a payment by means of various cheques, such as in particular the Sodexo voucher and the Benefit points. Whether the studio accepts other checks in addition to the Sodexo vouchers or the Benefit points in relation to the given exception for the payment of the membership fee is at the sole discretion of the studio. This provision is without prejudice to clause 2.6. of these GTC. However, in the case of a membership agreement concluded for an indefinite period, payment of the membership fee is possible exclusively by means of a payment gateway, which is provided by a supplier with a banking license, while the monthly payments of the membership fee according to the current price list are automatically deducted every month by means of the payment gateway. In the event of a change in the price list, the studio is obliged to inform the member of this fact in advance. The maturity of individual monthly fees occurs on the day of concluding the agreement and in each subsequent month on the day which, with its numerical designation, coincides with the day when the agreement was concluded, if there is no such day, then the last day of the month. In the case of membership agreement concluded for an indefinite period, to cancel the execution of individual monthly payments of the membership fee, the member is obliged to contact the studio at the email address firstname.lastname@example.org.
5.2. Late payment
The studio reserves the right to charge default interest in the event of late payment in accordance with legal provisions and to exercise the right to temporarily refuse services. Furthermore, in the event of a legal dispute, the member is obliged to bear the costs of the court proceedings and the costs of execution, if any.
5.3. Total maturity
Where the payment of the membership fee has been agreed to be executed in instalments (clause 5.1.) and the member is in arrears with at least two monthly fees, the full amount of the membership fee and all flat fees will become due immediately by the end of the agreement.
5.4. Prohibition of set-off and retention
The member may set off his/her receivables from the studio or exercise the right of retention with respect to any such amounts only if they have been undisputed or legally established.
6. DURATION OF MEMBERSHIP, SUSPENSION OF MEMBERSHIP
6.1. The term of the membership agreement
The term of the agreement is 6 months, 12 months, or the agreement is concluded for an indefinite period. The term of the agreement begins to run at the agreed start of membership. After the expiration of the initial term of the agreement concluded for 6 or 12 months, the member and the studio can conclude a new membership agreement again for a period of 6 or 12 months, while maintaining the existing membership number. A member who concludes an agreement for an indefinite period has the right to use the services for an indefinite period, but at least for a period of 1 month. In the case of an agreement for an indefinite period, the member is obliged to pay a membership fee in advance according to the current price list for a period of 1 month, at the latest when concluding the agreement; for the period after the end of the 1st month, the membership fee must be paid by the member no later than the day of each subsequent month following, which in its numbering coincides with the day of concluding the agreement. If such day is not in the following month, then no later than the last day of that month. If the membership fee according to the previous sentence is not paid in the relevant period in accordance with the applicable provisions of clause 5.1 of these GTC, then the duration of the agreement expires on the last day of the period, for which the membership was paid by the member. The agreement for an indefinite period is always governed by the current price list and current GTC. If there is a change in the price list or a change in the GTC, the studio is obliged to always inform the member in advance.
6.2. Tacit extension of the agreement and its termination by the member
An agreement concluded for a period of 6 and 12 months is automatically extended always for the same period of time as the agreement was concluded for, upon expiry of the agreed duration of the agreement or upon expiry of a subsequent, equally long period of time. Before the end of the agreement, the studio is obliged to send the member an email containing a notification of the automatic extension of the agreement, information about the currently valid GTC and information about the currently valid price list for the services provided. In the case of an agreement concluded for a period of 12 months and agreement concluded for a period of 6 months, the studio is obliged to send an email according to the previous sentence 3 months before the end of the agreement. If the member does not agree with the automatic extension of the membership agreement, he/she will notify the studio, in the case of the membership agreement concluded for 6 months and the membership agreement concluded for 12 months no later than 2 months before the end of the agreement, either by e-mail to email@example.com or to the address of the studio operator. If the member does not notify the studio of his/her disagreement with the automatic extension, the agreement will be automatically renewed under the conditions agreed in this paragraph, even if the member does not explicitly confirm that he/she agrees to the tacit extension. After the extension of the agreement, in the case of an agreement concluded for a period of 6 months and for a period of 12 months, the agreement will be governed by GTC valid 3 months before the agreement extension and the price list valid 3 months before the agreement extension, provided that the member has 10% discount compared to such a price list. An agreement concluded for a period of 6 months and for a period of 12 months may be terminated by the member at any time on the basis of his/her written notice delivered to the studio. In such a case, the contractual relationship will be terminated on the basis of this agreement after the expiration of the notice period of 2 months, which will begin on the first day of the calendar month following the month in which such termination notice was delivered to the studio. In the event of termination of the agreement by the member, the member's advantage consisting in a discount over the price list is lost, as stated in this paragraph. In the case of termination of the agreement concluded for a period of 6 months by the member, the price shall be amended as follows: for the relevant duration of the agreement, or for the period for which the agreement has been automatically extended, the price set for the agreement for an indefinite period shall apply proportionately. In the case of termination of the agreement concluded for a period of 12 months by the member, the price shall be amended as follows: the price set for the agreement concluded for the period of 6 months shall apply proportionally to the respective duration of the agreement or to the period of time by which such agreement has been automatically extended, provided that the agreement was terminated by the member in the time between the 6th and 12th month following the conclusion of the agreement, and in the case the agreement was terminated by the member in the period from the conclusion of the agreement or from the automatic extension of the agreement until the end of the 5th month from the conclusion of the agreement or from the automatic extension of the agreement, the price set for the agreement concluded for an indefinite period shall apply proportionally. The member is entitled to terminate the agreement for an indefinite period by means of his/her written notice sent to the studio. The membership according to the previous sentence expires at the end of the current period for which the membership is prepaid at the time of delivery of the notice to the studio, but if the notice is not delivered at least 7 days before the end of such period, the membership expires at the end of 1 month from the last day of membership prepaid at the time of delivery of the notice to the studio.
In the case of any overpayment made by the member to the studio, the studio is obliged to return such overpayment to the member immediately after the termination of membership through a non-cash payment. However, the studio is entitled to use such an overpayment of the member primarily to offset any debts of the member towards the studio.
6.3. Further extension of the agreement and its termination by the studio
In the case of automatic extension of the agreement concluded for a period of 6 months and for a period of 12 months, a membership may be duly terminated by the studio after the initial term of the agreement (clause 6.2.) by means of a written notice delivered to the member. In the case of termination of membership agreement concluded for a period of 6 months and a period of 12 months by the studio, the contractual relationship will be terminated on the basis of this agreement after the expiration of the notice period of 2 months, which will begin on the first day of the calendar month following the month in which such termination notice was delivered to the member.
The studio is entitled to terminate the membership agreement concluded for an indefinite period by means of written notice sent to the member. The membership according to the previous sentence expires at the end of the current period for which the membership is prepaid at the time of delivery of the notice to the member, but if the notice is not delivered at least 7 days before the end of such period, the membership expires at the end of 1 month from the last day of membership prepaid at the time of delivery of the notice to the member.
6.4. Withdrawal from the agreement
Either contracting party may withdraw from the membership agreement for a serious reason. A change of residence of a member does not establish a right to withdraw from the agreement.
6.5. Suspension of membership
Instead of termination, the membership agreement may be suspended for a predetermined period by mutual agreement. Suspension periods are not included in the agreed duration of the agreement, i.e. the duration of the contractual relationship is extended by the period of suspension.
6.6. Form of termination, withdrawal from the agreement
The notice of termination must be submitted to the studio in writing with the member's name and membership number. The moment of delivery of the notice to the studio is decisive for timely termination. Terminations that cannot be attributed to a specific membership relationship are considered undelivered. In case of withdrawal from the membership agreement for a serious reason by the studio, especially according to clauses 4.2., 6.4. and 7.2. herein, the agreement expires by delivering a written notice of withdrawal, which must include a reason for termination, to the member.
6.7. Possible additional payment of the difference between the basic membership fee and the preferential membership fee and the amount of the membership fee
In the event that a member has concluded a membership agreement with the studio on favorable terms, i.e. that the amount of his/her monthly membership fee was lower than the basic membership fee as set out in clause 5.1. of these GTC, then in the event that the member terminates the agreement in accordance with the provisions of clause 6.2. of these GTC before the expiry of the originally agreed duration of the agreement in the sense of provisions set out in clause 6.1. of these GTC, the member is obliged to pay the studio the difference between the originally agreed preferential monthly membership fee and the basic membership fee. Furthermore, the member is obliged to pay the membership fee in the amount of the basic membership fee during the notice period.
7. PROHIBITED SUBSTANCES IN THE STUDIO
7.1. Prohibited substances
It is not permitted to smoke and consume alcoholic beverages and drugs in the studio. Furthermore, the member is prohibited from bringing prescription any drugs to studios that do not serve the member’s personal and physician-prescribed needs and / or other means to increase the member’s physical performance (e.g. anabolics). Likewise, the member is prohibited from offering, procuring, handing over or otherwise making such substances available for a fee or free of charge to third parties in the studio.
7.2. Consequences of a breach of the prohibition
If the member breaches the conditions specified in paragraph 7.1., i.e. if he/she consciously and intentionally consumes prohibited substances in the studio or passes them on to third parties, the studio may demand a contractual penalty of CZK 50,000 from him/her for each breach of the agreement, without having to prove the harm suffered. This shall not prejudice the exercising of any further rights arising from such a breach of conditions, in particular the right to claim any further damage and the right to terminate the agreement. No prior call is required to exercise these rights.
8. LIMITATION OF LIABILITY
The liability of the studio for negligence is limited. This shall not apply to the cases of harm to life and health of persons or to the cases of breach of crucial contractual obligations which are caused by a negligent breach of duty on the part of the studio or its representative. Contractual obligations are considered to be crucial if their performance allows for the agreement to be executed properly and if a contractual party can rely on them being complied with in usual cases.
9. PERSONAL DATA PROCESSING
The studio collects, processes and uses the member’s personal data. When concluding a membership agreement, the member is provided with information on the processing of the member’s personal data. This information will also be provided to the member upon request in the studio or can be found at: www.fitacademy.cz.
10. FINAL PROVISIONS
10.1. Changes of GT&C
The studio is entitled to change these GT&C in the future. Changes will take effect when the studio notifies the changes, the member takes note of them and does not object to them within 2 weeks of receiving the information about the changes. When an objection is raised, both the studio and the member shall be entitled to terminate the membership agreement as of the last day of the respective month.
10.2. Severability clause
Should one or more provisions of this agreement be or become ineffective, this shall not affect the effectiveness of the agreement and its other provisions. The provisions of the GTC may not preclude any provisions of consumer protection legislation that apply to the “Membership Agreement”.
10.3. Out-of-court dispute resolution
In the event that a dispute arises between the studio and the member under the contract, which cannot be resolved by mutual agreement, the member may file a proposal for an out-of-court settlement of such a dispute with the Czech Trade Inspection Authority, the Central Inspectorate - ADR Department, with its seat at Štěpánská 567/15, 120 00 Prague 2-Nové Město, email: firstname.lastname@example.org, web: adr.coi.cz.
These terms and conditions shall become effective on 1. 1. 2022.