Pure Health and Fitness Clubs Membership
Terms and Conditions
Membership Agreement conducted between Pure Health and Fitness - a company with limited liability and limited partnership (Pure Health and Fitness Sp. z o.o Sp.k.) hereinafter called „Club” and a person using services provided by the Club hereinafter called „Member” is based on following conditions:
1. Membership
Accession.
1.1. To become a Member a person must be at least 18 years old or 16 years old - with confirmation from parents or statutory representatives in written form.
1.2. A Member has rights and obligations according to the type of membership specified in the registration form hereinafter called „Registration Form”, which confirms conducting the agreement. Member status is granted after signing the Registration Form, but not earlier than after the payment within the term specified in the agreement.
Types of Membership.
1.3. The type of membership is specified in the Registration Form.
1.4. „Off-peak hours” Membership entitles to use Club facilities in by the Club specified time.
1.5. „Home Club” Membership entitles to use only this Club, which name is written on the membership card.
1.6. „Mutual” Membership entitles to enter Clubs in Poland and to use their facilities. Information about the facilities of a Club is specified in Club publications and on the website of a Club. The rules of the „Mutual” Membership regarding number of available Club facilities may change anytime and on condition that as far as possible it will be after at least one month notice made to a Member.
Fees.
1.7. Subject to the Article 3.10, initial fees are binding in the same amount as it has been specified in the Registration Form, and are to be paid immediately after the constitution of membership. These fees are non refundable due to the fact that they cover reasonable administrative expenses or/and costs of products.
1.8. Membership fees are specified in the Registration Form and are to be paid for each period, i.e. one calendar month. All payments made in advance will cover the services provided in next periods. Membership fees must be paid in advance, before the 1st day of each month for the same month. The Member is obliged to pay for use of Club facilities also for the period between the day of signing the Registration Form and the first day of the minimum period of membership. Such payments are calculated proportionally to the number of days calculated from the day of signing the Registration Form to the first day of the minimum period of membership.
1.8. Membership fees are specified in the Registration Form and are to be paid for each period, i.e. one calendar month. All payments made in advance will cover the services provided in next periods. Membership fees must be paid in advance, before the 1st day of each month for the same month. The Member is obliged to pay for use of Club facilities also for the period between the day of signing the Registration Form and the first day of the minimum period of membership. Such payments are calculated proportionally to the number of days calculated from the day of signing the Registration Form to the first day of the minimum period of membership.
1.9. The Club may introduce reduced membership fees. In order to benefit from the reduced membership fees a document confirming having such entitlements has to be delivered. List of current conditions and documents that entitle to reduced membership fees is available in the Club facility. Normal membership fee may be charged initially; it will be reduced in the first direct debit occurring within 30 days since the Club is provided with the appropriate confirmation.
1.10. The Member may be asked of information about credit card or debit card as an alternative form of payment, which may be used with the consent of the Member, if for any reason the primary method of payment fails. The signature of the Member on the consent to use the credit or debit card entitles the Club to charge the Member’s account with proper amount without any need to notify about this fact. If the Member does not have a valid credit or debit card, he/she may be asked to pay deposit equal to the monthly membership fee. According to this agreement, the Club may deduct outstanding payment dues from this deposit. Any amount of the deposit, which will not be used in accordance with the provisions of this agreement, will be returned to the Member after the expiry of this agreement.
1.11. In case of arrearage payment of membership fees, the Club suspends the membership immediately without any additional notification to the Member. During the suspension the member is not entitled to access the facilities of the Club, and the Club is not obliged to any benefits to the Member. In case of renewal of membership after the period of suspension, the member is required to pay special fee for the first calendar month following the renewal, which is calculated as the sum of the monthly fee for this month and the amount equal to fees for the period of suspension, in accordance with the current price list. Special fee does not apply and does not include cases of membership freeze in the way described in the Article 3.3. The suspension of membership causes that the Member is obliged to the immediate payment of special fee.
1.12. Membership fees can increase at the discretion of the Club, on condition that the Member will be given a notice of this occurring one month in advance, except for membership fees pre-paid quarterly or annually, which will increase from the moment of extension of the agreement.
1.13. Lockers in the Club facilities will be emptied every night and their contents will be stored for an appropriate period of time determined by the Club, at the expense and risk of the person who left such content in a locker. Objects left in the Club facility and not picked up in due time will be deemed abandoned according to the Article 180 of the Polish Civil Code (in Polish: k.c.), and then they will be distributed. The Club has right to charge a fee for the removal or storage of items left in lockers. The Club is not liable for property left in lockers.
1.14. In selected Club facilities the Club may introduce a system of smart membership cards Club, including cards with a photograph, to which the Member agrees. In case of such system the Member, within paid membership fees, will receive membership card working in the smart card system. However, if the Member loses such card, he/she will be required to pay the fee according to the current price list in order to issue a new membership card.
Facilities and services.
1.15. Access to the Club facilities is possible only on presentation of membership card. Membership card may only be used by the Member, unless the agreement provides otherwise.
1.16. The member may not lend membership card to anyone or permit anyone to use it.
1.17. In justified and reasonable cases the Club has the right to close some facilities of the Club, for example in order to carry out maintenance work, repairs or cleaning.
1.18. Opening hours of the Club facilities may change, of which the Club will inform the Members, as far as possible, one month in advance.
2. Use of Club
Physical condition of Members.
2.1. Club personnel have no medical training or education. In case of any doubt regarding physical condition or ability to perform physical exercises, the Member shall seek independent medical advice before starting any exercises.
2.2. The Member may not use any facilities of the Club, if he/she has any infection, disease or other ailments that can affect other people in the building of the Club. In justified cases, the consent of the Club to access its building and/or to conduct the agreement may be dependent on the deliverance of a proper medical certificate confirming the Member’s physical condition and/or the declaration made by such person.
2.2. The Member may not use any facilities of the Club, if he/she has any infection, disease or other ailments that can affect other people in the building of the Club. In justified cases, the consent of the Club to access its building and/or to conduct the agreement may be dependent on the deliverance of a proper medical certificate confirming the Member’s physical condition and/or the declaration made by such person.
Limited liability.
2.3. The Club and its personnel has no liability for any damage, loss or theft of items and objects brought to the Club facilities (this also applies to vehicles and their content); as well as death, injury or illness arising from using the services provided by the Club (including occurrences caused by the use of the Club equipment and facilities), with the exception of those which have been cause by the culpable action of the Club personnel.
2.4. The Members are responsible for making themselves sure that they use the Club equipment and/or facilities in an appropriate way (including level and settings adjustment). In case of any doubt regarding the correctness of use of the facilities, the Member is obliged to consult with one of the representatives of the Club.
2.4. The Members are responsible for making themselves sure that they use the Club equipment and/or facilities in an appropriate way (including level and settings adjustment). In case of any doubt regarding the correctness of use of the facilities, the Member is obliged to consult with one of the representatives of the Club.
2.5. Some areas in the Club facilities are not monitored and the Club is not liable for any damages and injuries arising from their use, with the exception of those that are caused by the personnel of the Club or as a result of negligence or omission by the Club.
Conduct.
2.6. The Members shall not use items, appliances or equipment improperly in any facility of the Club. The Member bears responsibility for causing any material damage to property of the Club.
3. Period of membership
Duration of membership.
3.1. 3.1. The minimum duration of membership applicable to this agreement is defined in the Registration Form. The minimum duration of membership is counted in full calendar months, and begins on the first day of the calendar month following the date of signing of the Registration Form, with the proviso that in case of signing the Registration Form on the first day of a calendar month, the minimum duration of membership begins on the day of signing the Registration Form. If the Member does not inform the Club in writing of the lack of willingness to continue the agreement on at least one month before the expiry of the minimum period of membership, then after a minimum period of membership the agreement shall be automatically extended for an indefinite period under the conditions prevailing on the last day of minimum period of membership.
3.2. 3.2. Membership can be paid in advance for the entire period specified in the contract, i.e. quarterly, annually, for a period of 15 or 24 months. Pre-paid membership will expire at the end of the relevant minimum period of membership, that is, respectively after 3 months of membership paid quarterly, after 12 months of membership paid annually, after 15 months of paid membership for a period of 15 months or after 24 months for the membership paid for a period of 24 months. If the Member during the current pre-paid membership or within one week after termination of such membership shall conclude a new agreement with the Club, then such Member will be exempt from paying the initial fee in connection with new agreement, because of the continuing relationship of membership.
3.3. Except for the first three months of the agreement, the Member can freeze the membership for a period of 2 (minimum) to 12 (maximum) months, subject to notification to the Club on the 20th day of the month preceding the month in which the freezing period shall begin. During the freezing period the Member of the Club is liable to pay for each month of this period an appropriate fee at the current price list. If the Member fails to notify the Club of wish to freeze the membership in the above-mentioned period, he/she shall be obliged to pay full membership fees. If the Member freezes the membership the right to enter the Club facilities will be suspended, and the minimum duration of the agreement will be extended for a period of freezing the membership. In the event of resignation in accordance with the provisions of this agreement, the Member is required to pay membership fees, at least for the declared number of months in the Registration Form, subject to the provisions of the Article 3.5 below.
Termination of agreement by Member.
3.4. If for any reason the Member is dissatisfied with the services of the Club, during the first 10 days of becoming a Member, the Member has the right to renounce the agreement and to refund all membership fees paid, except for administrative fees, which are non refundable.
3.5. During the minimum period of membership the Member may not resign from membership for other reasons than:
i) the Club flagrantly breaches the terms and conditions of the agreement, and does not fix such situation despite the request in writing granting him 21 days deadline to stop the breaches, or
ii) the important and existing medical reasons concerning the Member and preventing his/her from using services of the Club (evidenced by an appropriate medical certificate).
i) the Club flagrantly breaches the terms and conditions of the agreement, and does not fix such situation despite the request in writing granting him 21 days deadline to stop the breaches, or
ii) the important and existing medical reasons concerning the Member and preventing his/her from using services of the Club (evidenced by an appropriate medical certificate).
3.6. After the expiry of the minimum period, in case of willingness to resign from membership, the Member is required to:
i) meet with the General Manager or the Customer Service Manager and complete Termination Application Form; or
ii) notify in written form the General Manager of Member’s home club. Notification should be sent by registered letter with acknowledgment of receipt to make sure that the notification on termination is served.
3.7. Term of notification shall be one calendar month, which is calculated from the first to the last day of the month following the date of termination, subject to the provisions of the Article 3.4 and 3.2.
i) meet with the General Manager or the Customer Service Manager and complete Termination Application Form; or
ii) notify in written form the General Manager of Member’s home club. Notification should be sent by registered letter with acknowledgment of receipt to make sure that the notification on termination is served.
3.7. Term of notification shall be one calendar month, which is calculated from the first to the last day of the month following the date of termination, subject to the provisions of the Article 3.4 and 3.2.
3.8. The club is entitled to retain any membership fees which the Member has not rescinded direct debit in his/her bank, if these fees are necessary to cover the losses of the Club resulting from the agreement with the Member.
Termination of agreement by Club.
3.9. Membership may be terminated without notification, if in the opinion of the Club the continuation of membership can damage the reputation and interests of any Club facility, especially because of aggressive or threatening behavior, vandalism, or other behavior inconsistent with the principles of social coexistence.
3.10. Membership may be terminated by the Club without notification if:
i) the Member breaches the terms and conditions of this agreement; or
ii) membership fees or other payments remain outstanding, despite the notification of Member of the arrears, the payment has not been settled within the period specified by the Club. If the person, with whom the membership has been resolved in accordance with the Article 3.10 ii) above, would like to become a Member of the Club again, the Club can make the conclusion of a new agreement dependent on payment of a special initial fee, calculated as the sum of the initial fee specified in the Registration Form and the amounts corresponding to the unpaid amounts for the period before the termination of membership. The club may decide to determine the special initial fee for a different amount than that indicated in the previous sentence. The Club sets the terms of payment of the special initial fee.
i) the Member breaches the terms and conditions of this agreement; or
ii) membership fees or other payments remain outstanding, despite the notification of Member of the arrears, the payment has not been settled within the period specified by the Club. If the person, with whom the membership has been resolved in accordance with the Article 3.10 ii) above, would like to become a Member of the Club again, the Club can make the conclusion of a new agreement dependent on payment of a special initial fee, calculated as the sum of the initial fee specified in the Registration Form and the amounts corresponding to the unpaid amounts for the period before the termination of membership. The club may decide to determine the special initial fee for a different amount than that indicated in the previous sentence. The Club sets the terms of payment of the special initial fee.
3.11. The membership may be terminated by the Club, if the home club of the Member will close the business completely.
3.12. Irrespective of the provisions above, the Member has no right to use the Club facilities if he/she arrears with any membership fee or other payment to the Club. In such situation, the Club is exempt from the obligation to make any performances for the Member until the settlement of these debts, in particular the Club has the right to refuse the Member to enter the Club facilities.
4. Other provisions.
4.1. The Club is entitled to photograph its facilities for advertising and promotional purposes, including the unintended fixation of the image of the Members, of which the Club has a duty to warn each Member.
4.2. Waiver by the Club to enforce its rights for any period and for any reason will not be interpreted as a relinquishment of these rights. Also, in case when the Club does not exercise its rights in the event of breach of the agreement by the Members, it may not be deemed as acceptance of such behavior.
4.3. If any provision of this agreement will be deemed invalid, such provision will be removed, which will not affect validity and effectiveness of other provisions.
4.4. The Club may assign or transfer the rights deriving from this agreement to third persons, and may commission the performance of obligations resulting from this agreement to third persons without need of notification the Member about this fact.
4.5. Written notification that is required from any party should be sent by registered letter or courier to the address provided in the Registration Form or to any other address given by any party, except of provisions in the Articles 1.4, 1.6, 1.12, 1.18 and 4.1, where the notification may be given by hanging of information in the Club facility.
4.6. With the exception of situations where it is permitted in this agreement, none of the parties may change the terms and conditions of the agreement without the written consent of the other party.
4.7. The Polish law is applicable to this agreement. Any disputes that may arise in connection with the performance of this agreement will be resolved by the competent common courts.
Direct debit.
Direct debit may be used by all banks that have signed the agreement on the use of direct debits. Efficiency and safety of the direct debit operation is monitored and protected by your bank. If the amount to be paid or the payment dates change, you will be notified about it by Pure Health and Fitness.
