Customer agreement

Customer agreement

GENERAL PROVISIONS TO 24-7fitness.ee GYM AGREEMENT

 

1. DEFINITIONS

1.1. Unless otherwise provided by the context, the terms used in the Agreement shall bear the following meaning:

1.2 The General Terms and Conditions of the Agreement shall form an integral part thereof, thereby establishing the General Terms and Conditions of the provision of services to all members;

1.3 Member is the individual at least 18 years of age who is a natural person with active legal capacity or who has been declared as having active legal capacity using the services provided by the Service Provider under the Agreement entered into, except for clause 5.8 of the Internal Rules;

1.4 Service fee is the fee payable by the Member to the Service Provider for services provided in one calendar month;

1.5 Membership term is the period during which all of the services are used;

1.6 Services are those provided by the Service Provider, i.e. the use of the gym and the group class premises as well as participating in the classes;

1.7 Service Provider means 24-7Fitnessklubi OÜ (registry code 14045006), address Tallinn, Laki põik 4;

1.8 Agreement is the one entered into between the Member and the Service Provider containing special and general terms and conditions together with all the annexes, modifications and additions thereto;

1.9 Parties mean the Member and the Service Provider;

1.10 Rules are those established for the use of services that are published on the website of the Service Provider;

1.11 Member Zone is the part of the website where the Member can register and gain access by entering the username and password created upon registration;

1.12 Membership Card is the card sent to the Member that ensures their identification upon entering the Gym;

1.13 14-day membership means full access to any of the Gyms belonging to the 24-7 Fitness.ee Gym chain valid for a period of 14 days in accordance with the Terms and Conditions of the Agreement;

1.14 30-day membership means full access to any of the Gyms belonging to the 24-7 Fitness.ee Gym chain valid for a period of 30 days in accordance with the Terms and Conditions of the Agreement;

1.15 90-day membership means full access to any of the Gyms belonging to the 24-7 Fitness.ee Gym chain valid for a period of 90 days in accordance with the Terms and Conditions of the Agreement;

1.16 180-day membership means full access to any of the Gyms belonging to the 24-7 Fitness.ee Gym chain valid for a period of 90 days in accordance with the Terms and Conditions of the Agreement;

1.17 Annual membership means full access to any of the Gyms belonging to the 24-7 Fitness.ee Gym chain valid for a period of one (1) year in accordance with the Terms and Conditions of the Agreement;

1.18 Gym means the Gym that forms part of the Gym chain owned by the Company that the Member can visit in order to make use of the services provided by the Company in accordance with the Package type and the Terms and Conditions of the Agreement;

1.19 Website – www.24-7fitness.ee;

1.20 Party / Parties – the Company and/or the Member;

1.21 E-invoice standing order – the annual membership requiring the payment of a monthly e-invoice;

1.22 Membership Card activation – the Membership Card is activated on the date following the purchase date thereof;

1.23 Suspension of a membership package – membership packages cannot be suspended due to illness, holiday, relocation or other such events;

1.24 Gym door system – Members are prohibited from entering the Gym in groups by using only one Membership Card;

1.25 Processing fee is the fee in the amount of 30 euros payable by the Member if they have any arrears arising from the Agreement.

1.26 Package transfer fee - of € 10, which applies to the client in case the client wants to transfer the contract to another adult person.

1.27 Re-entry fee 6 €. This fee will be paid when membership is restored after a 45-day break.


2. OBJECT OF AND PROCEDURE FOR ENTRY INTO AGREEMENT

2.1. The Service Provider shall, under this Agreement, offer the Member services in accordance with the Terms and Conditions and with the procedure provided for in the Agreement and the Member shall pay the Service Provider properly and in a timely manner according to the procedure established herein.

2.1.1 The Member is the individual at least 18 years of age who is a natural person with active legal capacity or who has been declared as having active legal capacity using the services provided by the Service Provider under the Agreement entered into, except for clause 5.8 of the Internal Rules.

2.1.2 Upon registration on the website, the Member enters their first and last name, date of birth, mobile phone number, e-mail address, address of residence, personal identification code and the bank account number where they would like to receive the e-invoice as well as the beginning date of the Agreement term and how they prefer receiving the Membership Card.

2.2 Members can choose between the following membership packages:

2.2.1 30-day membership – the fee shall be paid immediately as a single payment for the full term;

2.2.2 Annual membership – the fee shall be paid immediately as a single payment for the full term;

2.2.3 Annual membership with e-invoices – the fee shall be charged on the basis of monthly e-invoices whose amount shall be fixed on date of entry into the Agreement in accordance with the price list.

Members must accept the purchase of said membership in the Internet Bank within the first three working days at the beginning of the month following the purchase date;

2.3 The Agreement shall be deemed to have been entered into after the Member has provided the following confirmation on the website, ‘I hereby confirm that I have read the Membership Agreement and accept the Gym Rules. I consent to my personal data being collected and processed in accordance with the Membership Agreement’, and filled in the mandatory fields of e-invoice standing order (required for the annual membership with e-invoices) and paid for the membership pursuant to the rules established in clause 1.4 of the Agreement.

2.4 After entering into the Agreement, the Member shall be sent a registration confirmation to the e-mail address provided by them.

 

3. USE OF SERVICES OFFERED BY COMPANY IN THE GYM

3.1 The Membership Card shall grant the right to visit any of the Gyms belonging to the 24-7fitness.ee Gym chain.

3.2 The Membership Card shall grant the Member full access to the Gym and group trainings during the term thereof.

3.3 The 30-day Membership Card shall be valid and used by the Member only during the 30 (thirty) days as of date of entry into the Agreement, except in cases where the Membership Card is cancelled prematurely in accordance with the Terms and Conditions set forth in the Agreement.

3.4 The Annual Membership Card shall be valid for one (1) year as of the first day of the term thereof, except in cases where the Membership Card is cancelled prematurely in accordance with the Terms and Conditions set forth in the Agreement.

Example 1. If the first day of the term of the Annual Membership Card falls on 12 March of the current year, the last day of the term of the Annual Membership Card shall be 11 March.

Example 2. If the first day of the term of the Annual Membership Card falls on 1 March of the current year, the last day of the term of the Annual Membership Card shall be 28 or 29 February (depending on the number of days in February that year).

3.5 Concurrently with acquiring the Membership Card, the Member shall have the right to use the following services during the term thereof: participating in group classes and/or using other services offered in any of the Gyms belonging to the 24-7Fitness.ee Gym chain in accordance with the Agreement and the terms and conditions of the specific offer;

3.5.1 Members must register for selected group classes in the Member Zone, receive a registration confirmation slip and present this to the trainer prior to the commencement of the group class;

3.5.2 the Gym shall not guarantee a spot in the group class since the number of participants is limited;

3.5.3 the registration to group classes shall be made available in the Member Zone two (2) weeks prior to the commencement of the class;

3.5.4 if the Member cannot participate in the group class they registered for, they shall indicate this in the Member Zone at least two (2) hours prior to the commencement of the group class, otherwise they shall be deemed to have participated therein. If the Member has failed to perform their obligation to change their participation in the class in a timely manner twice in a row or twice in the course of one (1) month, the Company shall have the right to block their registration for group classes for a period of one (1) month, with the Member not being entitled to request the decrease of the amount of the Membership Card or to return it;

3.5.5 if the Member has not taken the registration confirmation slip, their spot shall be cancelled. Free spots shall be filled on an ongoing basis.

3.6 The Gym shall be entitled to change the group classes unilaterally, including replace trainers and change the classes by notifying the Member thereof on the schedule of the website.

 

4. RIGHTS AND OBLIGATIONS OF PARTIES

4.1. The Service Provider shall:

4.1.1. upon entering into the Agreement, provide the Member with the Membership Card in accordance with the procedure set forth in clause 5.1 of the Agreement within two (2) working days as of the date when the Member paid for the services by sending the Card to a parcel terminal of Omniva or Smartpost .

4.1.2. ensure the proper security of the personal data provided by the Member pursuant to the rules established in the legislation.

4.2. The Service Provider shall have the right to:

4.2.1. upon amendments to market conditions or to legislation governing them and in the event of other objective reasons, amend the terms and conditions of the provision of the services unilaterally and/or of the Agreement and/or of the amounts established in the Rules. The Service Provider shall notify the Member of any and all amendments. Upon amendments to the Terms and Conditions of the Agreement and to the payment for the services, the Member shall be notified thereof at least one (1) month before the amendments take effect. The notification shall be provided in writing. The Member shall be notified of any and all amendments to the Rules on the website at www.24-7fitness.ee;

4.2.2. restrict the provision of the services in the cases and in accordance with the procedure prescribed in the Agreement and in the Rules;

4.2.3. request the Member to bear all costs related to the management and collection of debts;

4.2.4. collect the data of the Members who have failed to pay the invoices in a timely manner and forward this to third parties who are in the business of debt collection;

4.2.5 restrict the validity of the Membership Card immediately if the Member has violated their obligations;

4.2.6 re-activate the membership package after the processing fee has been paid.

 

4.3. The Customer shall:

4.3.1. not hand over the Membership Card to third persons;

4.3.2. not enter the Gym through the door system in groups by using only one Membership Card;

4.3.3. pay the processing fee upon violating the Gym rules;

4.3.4. submit to the Service Provider necessary data and documents;

4.3.5. in the event of the annual membership with e-invoices, ensure that payments are transferred automatically during the whole Agreement term for the services used.

Automatic transfers shall be made on the basis of e-invoices submitted by the Service Provider;

4.3.6. ensure that their bank account holds sufficient funds for paying for the e-invoices submitted by the Service Provider during the membership period;

4.3.7. in the case of debt, compensate the Service Provider all costs incurred upon management and collection of debts;

4.3.8. notify the Service Provider of all changes in their details within three (3) days;

4.3.9 use the gym equipment with care and for its intended purpose;

4.3.10 not consume alcoholic beverages, smoke or sleep in the Gym;

4.3.11 not enter the Gym under the influence of alcohol or drugs;

4.3.12 upon debt, pay the unpaid monthly fee of the membership package, the processing fee and all possible costs related to the debt.

 

4.4. If the Member fails to notify the Service Provider of any changes in their contact details, all details shall be deemed as being correct and all letters shall be sent to the address provided by the Member. The details shall be deemed to have been properly submitted within three (3) working days as of the submission thereof.

 

5. PAYMENT PROCEDURE

5.1. The Member shall pay the Service Provider for the services provided in accordance with the following procedure.

5.1.1. If the Member has purchased the annual package with e-invoices, the first payment payable by the Member to the Service Provider shall be calculated from the first day (inclusive) of the provision of the services selected by the Member to the last day of that month. In addition, the Members shall pay an advance payment for the next month via a bank link.

Example 1: The customer joins the club on 15.03, pays for the current month and next month through the bank link.
The customer card is valid from 15.03 until 31.03 next year.
The first e-invoice will be issued on 01.05, the e-invoice will be paid for on 10.05 at the latest, which will be repeated 10 times.
The last invoice will be issued on 01.03 next year, the card will remain valid until 31.03.

5.1.2. The e-invoice for the services for the following months shall be sent by the Service Provider to the bank provided by the Member and shall be paid from the bank account specified by them.

5.1.3 The Member shall pay the 30-day membership fee via a bank link. The membership shall remain in force for 30 days as of the starting date.

5.1.4 The Member shall pay the annual membership fee as a single payment via a bank link. The membership shall remain in force for 365 days as of the starting date.

5.1.5 The Member shall pay the 90 membership fee as a single payment via a bank link . The membership shall remain in force for 90 days as of the starting date.

5.1.6 The Member shall pay the 180 membership fee as a single payment via a bank link . The membership shall remain in force for 180 days as of the starting date.

5.1.7 The Member shall pay the 14 membership fee as a single payment via a bank link . The membership shall remain in force for 14 days as of the starting date

5.2 The payments specified in clause 5.1.2 of the Agreement shall be made from the bank account of the Member by the 10th of each calendar month. The Member shall ensure that the service fee is paid by the 10th of each calendar month (if the amount cannot be transferred as an e-invoice payment, the Service Provider shall not be liable for this).

5.3. If the 10th of the current month falls on a day off or a public holiday, the payment shall be made on the first working day following the payment date. If the payable amount cannot be paid by the 10th of the current month, it will be attempted to be transferred again from the bank account of the Member on five (5) consecutive days. If, during the said period, no sufficient funds are available on the bank account of the Member or the payment cannot be made for some other reasons (e.g. the account has been), the Membership Card of the Member shall be blocked and they shall be prohibited from entering the Gym premises. If no sufficient funds are available on the bank account of the Member, they shall have the right to write at info(at)24-7fitness.ee and request that the invoice be sent via e-mail. After the invoice is paid and the payment order submitted, the Member shall be entitled to use the services following the confirmation that such right has been restored.

5.4. All payments made by the Member under the Agreement shall be deemed to have been properly made as of the receipt of the payment into the bank account of the Service Provider.

5.5 If the amounts paid by the Member are insufficient for covering the debt on the services, the amounts received shall be divided as follows: first, the Member shall compensate the Service Provider for all costs related to the collection of debts from the Member, then the default interests followed by the debt on the services (starting from the oldest).

 

6. LIABILITY

6.1. If the Member fails to pay the invoices submitted by the Service Provider by the due date, the latter shall have the right to request that the Member pay a default interest at the rate of 0.05% of the overdue amount for each day of delay. If the payment made by the Member to the Service Provider is delayed more than 14 (fourteen) calendar days, the latter shall have the right to request that the Member pay a default interest at the rate of 0.1% of the overdue amount for each day of delay.

6.2. Both Parties shall compensate the other Party for all direct damage caused by actions for which the compensating Party is held liable.

6.3. Under separate Terms and Conditions of the Agreement, the Parties shall agree and confirm that the compensation for damages and costs shall not exempt the Party who has failed to perform their obligations arising from the Agreement from performing them in the future.

6.4. The Service Provider shall not be liable for the non-provision or the incorrect provision of the services or the damage caused to the Member if such damage was not the fault of the Service Provider. The Service Provider shall not be liable for the actions of third parties or for any restrictions imposed to the Member by third parties.

6.5. If the provision of the services is suspended for reasons imputable to the Member, the latter shall not be exempt from the obligation to pay for the services.

6.6. The compensation measures listed in the Agreement shall not restrict the right of the Parties to make use of other legal compensation measures.

 

7. TERM AND PROCEDURE FOR TERMINATION OF AGREEMENT

7.1. The Parties shall have the right to terminate the Agreement prematurely by notifying the other Party thereof in writing.

Both Parties shall be entitled to cancel the Agreement unilaterally only in accordance with the Terms and Conditions of and the legal provisions applicable to the Agreement. The Membership shall end and the Membership Card cease to function upon the expiry of the Agreement.

7.2. The Member shall have the right to cancel the Agreement unilaterally in the cases and in accordance with the procedure as set out below:

7.2.1 if the Member has purchased the annual membership with e-invoices, they shall have the right to cancel the Agreement unilaterally without reason by paying a single fee for the premature termination of the Agreement in the amount of 40 euros. The Agreement shall expire once the payment has been received into the bank account of the Gym. This clause is valid for the agreements concluded until 30.04.2019. The one year package with contract purchased from 01.05.2019 cannot be terminated prematurely. The contract ends when the deadline expires.

7.2.2 if the Member has purchased the 30-day membership, 90-day membership, 90-day membership, 180-day membership or the annual membership requiring a single advance payment for the full term, they shall have the right to cancel the Agreement unilaterally without reason by notifying the Company thereof. In such a case, the Agreement shall be deemed to have ended at the moment the Company receives the notification of the Member regarding the termination of the Agreement.

The remaining fee for the unused term of the Membership shall not be returned upon termination of the Agreement and the Company shall withhold this as a compensation for the termination thereof on the initiative of the Member. The Member shall agree with the full amount of the compensation and be aware that such amount is related to the pricing policy of the Company and is justified by the discount of the standard fee charged upon purchasing the Membership.

7.3 The Company shall have the right to cancel the Agreement immediately and unilaterally as well as cancel the Membership and block the Membership Card by notifying the Member thereof if:

7.3.1. the Member has submitted to the Company false, inaccurate, incomplete or incorrect personal or contact details or false, inaccurate, incomplete or incorrect Membership Card details or if they attempted to use such details belonging to third persons;

7.3.2. the Member has violated the Terms and Conditions of the Agreement (for example the payment of the Membership fee) or of Annexes thereto (including the General Rules for visiting the Gym).

7.4. If the Company has cancelled the Agreement under clause 7.3, no remaining fee for the unused term of the Membership shall be returned and the Company shall withhold this as a penalty.

In addition, the Company shall have the right to refuse from entering into new agreements with the Member.

7.5 If the Member terminated the Agreement due to the fault of the Company, the latter shall return to the Member the fee for the unused term of the annual membership that remained after the premature termination of the Agreement.

Furthermore, after the premature termination of Agreement, the Member shall have the right to require the Company to pay, for the unused term of the annual membership, a penalty in the amount equal to the purchased membership fee.

7.6 The termination of the Agreement shall not exempt the Member from the obligation to pay all debts and compensate for the damage caused to the Company during the term of the Agreement.

The expiry of the Agreement shall not affect the legal force of clauses 5.1.1, 5.1.2 and 5.3 thereof granting the Company the right and authorisation to make transfers during the term of the Agreement for the purpose of settling the debt of the Member to the Company. The terms and conditions laid down in clauses 5.1.1, 5.1.2 and 5.3 of the Agreement shall remain in force even if the validity of all of the other clauses has expired.

7.7. The Service Provider shall have the right to temporarily limit the provision of certain services (or some of the services) immediately and without advance notice by notifying the Member thereof in writing, if:

7.7.1. the Member causes damage to the equipment of the Service Provider;

7.7.2. the Member fails to pay the Service Provider in a timely manner and in accordance with the procedure established in the Agreement;

7.7.3. the unlawful actions of the Member impede other individuals from using the services provided by the Service Provider;

7.7.4. the Service Provider cannot provide the services due to circumstances beyond their control (including failures of the city communication networks, circumstances related to force majeure and other circumstances);

7.7.5. the Member fails to observe the provisions of the Agreement or of the Rules;

7.7.6 the Member has given their Membership Card to another individual;

7.7.7 the Member agrees to pay the processing fee in the amount of 30 euros if the Gym has identified that the Membership Card had been handed over to a third party and they have been sent a photograph proving such allegations via e-mail, post or registered mail.

7.8. In the event of absence of any fault on the part of the Member, they shall have the right to terminate the Agreement unilaterally by notifying the Service Provider thereof five (5) days in advance if the Service Provider fails to provide the services for more than 30 (thirty) consecutive days. In such a case, the Service Provider shall return to the Member the amount paid for the period during which no services were provided to the Member.

7.9. The termination or expiry of the Agreement shall not exempt the Member from the obligation to pay for the services provided by the Service Provider up to the termination date of the Agreement (unless the Agreement is terminated or expires due to the fault of the Service Provider).

7.10. The Service Provider shall have the right to terminate the Agreement unilaterally by notifying the Member thereof at least five (5) days in advance if the Member:

7.10.1. fails to adhere to the significant Terms and Conditions of the Agreement;

7.10.2. violates repeatedly the provisions of the Agreement or the requirements of the Rules;

7.10.3. delays the payment for the services for more than 30 (thirty) days.

7.11 In the event that the Client has not used the service from the 24-7fitness club for reasons beyond the control of the OCT, the service fee shall not be deemed to be full or partial reimbursement. In the event of late payment of the contract fee (s), the 24-7fitness club OÜ has the right to charge a penalty of 0.15% of the amount payable per day for any payment delayed by the day until the amount owed is fully paid.

 

8. OTHER PROVISIONS

8.1. The Member shall agree that their personal data is used by the Service Provider for direct marketing purposes (and for sending advertisements). Under the Agreement, the Member shall also consent to receiving advertising materials on the services provided by the Service Provider.

8.2. The repeal of any provisions of the Agreement partially or in whole shall not affect the validity of other provisions thereof. In such a case, the Parties shall make all efforts to amend the repealed provision so that it would have, as far as possible, the same legal force.

8.3. All communication and other message exchange between the Parties shall be in writing and the messages shall be deemed as having submitted correctly if they have been sent by registered mail, courier, fax or e-mail (upon confirmation of receipt). The notification shall be deemed as having been received by the other Party on the working day following the sending thereof if the notification has been sent via the Member Zone.

8.4. The Member shall have the right to transfer all obligations arising from the Agreement to a third party with the written consent of the Service Provider. Upon transfer of the Membership, a single processing fee shall be paid.

8.5. The Agreement may be supplemented and amended only with the written agreement between the Parties.

8.6. Any and all disputes, disagreements and claims related or arising from the Agreement as well as all issues associated with the violation, termination and term of the Agreement shall be settled by way of negotiations. If no agreement is reached within 30 (thirty) days, the dispute or disagreement shall be settled in accordance with the procedure set forth in the legislation with the submission of a statement of claim with the court.

 

9. CONSENT FOR PROCESSING PERSONAL DATA

9.1. Upon entering into the Agreement, the Member shall provide their consent to and authorise the Company to process, including receive, use and maintain their personal data (including their first and last name, date of birth, mobile number, e-mail address, address of residence, personal identification code if the Member has provided this in the Member Zone) for the following purposes: the entry into and performance of the Agreement, including the registration in the Member Zone and the maintenance of the details provided, the identification of the Member upon visiting and entering the Gym and entering in the Member Zone, the accounting of payments and debts of the Member arising from the Agreement, the printout of the invoices of the services provided by the Company as well as marketing and internal statistics in order to improve the services provided and the communication between the Company and the Member related to the Agreement (including for the notification of the Member of the special or personal offers made by the Gym and the news of the Gym).

9.2. The Member shall provide their consent to and authorise the Company to organise video surveillance in the Gym premises and save the recordings for security purposes, including for the protection of the life and health of the Member and for the property as well as for ensuring that the Gym Rules are adhered to and for preventing any offenses in accordance with the legislation governing the Agreement.

9.3 Client Registered Users The personal data will be retained until the client relationship expires. In order to terminate the customer relationship and to clear the data collected, the user must submit a corresponding statement to the 24-7fitness Sports Club at info@24-7fitness.ee.

 

10. TRANSFER OF RIGHTS AND OBLIGATIONS

10.1 The Gym has the right, without the consent of the Member, to hand over the claims (including in part) arising from the Agreement to any third parties, including persons and organisations who are in the business of debt collection.

10.2 If the Member wants to hand over the Agreement to thirds persons, they shall need the written consent of the Gym. The Gym shall have the right to refuse from consenting to the handing over of the Agreement without providing any explanations.

 

11. APPLICABLE LEGISLATION AND PROCEDURE FOR RESOLVING DISPUTES

11.1 The Agreement shall be governed by the legislation of the respective country.

11.2 The repeal or inaccuracy of a provision of the Agreement shall not exempt the other Party from the obligation to adhere to its other provisions and shall not repeal the Agreement as a whole or other provisions thereof.

11.3 The Parties shall attempt to settle any disputes arising from the Agreement, including those pertaining to the amendment, violation, termination, legal force or interpretation thereof immediately by way of negotiations. If the Parties fail to settle the dispute by way of negotiations, the Member shall submit a statement containing their first and last name, address of residence, contact details, date of submission of the statement, the content of the complaint, the claim and explanation thereof. If possible, the statement shall be appended with documents forming the basis of the statement. The Company shall review the statement and reply the Member in writing within 15 (fifteen) days of receipt of the statement in accordance with the legislation governing the Agreement.

In the case of objective circumstances, the Company may extend the said term of review and reply of the statement by notifying the Member immediately thereof in writing and providing the new term for review and reply as well as the reasons for extending the term.

11.4 If the Parties fail to settle the dispute in accordance with the terms and conditions laid down in clause 11.3, it shall be settled pursuant to the legislation governing the Agreement.