The Membership Contract between Fitness Place s.r.o. Identification No.:05785880, with its regisstered seat in Prague 5, Plzeňská 233/8, Post Code 15 00, Registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 15568 (hereinafter the Company) and the person utilitising the services of the club (hereinafter the “Member”) operated by the Company (hereinafter “the Club”) is concluded under the following terms and conditions:
1.1. The rights and liability of the Member depend on the type of membership specified in the application form (hereinafter “the Application”), which represents a confirmation of the conclusion of the Contract. Membership status is granted upon signing the Application, however, no sooner than the payments to the Club have been settled by deadlines specified by the Contract.
1.2. The type of membership is specified in the Application.
1.3. “Get Up” membership for a period of 12 or 24 months entitles the Member to use the premises of the Club with entry limited from 6:30 a.m. to 3 p.m. on weekdays and without any restrictions on weekends.
1.4. “Platinum” membership for a period of 4, 12 or 24 months entitles the Member to access all Pure Health and Fitness clubs. The information about the individual premises is provided in the Club publications and on the Club website. The provisions concerning “Mutual” membership regarding the number of accessible Club premises may be changed at any time. The Club shall notify the Member one month in advance within the scope of its power.
1.5. “Impact” membership is always established for the minimum period of 4 months and may be terminated after this 4-month period with a one-month notice period which begins on the first day of the following month after the month in which the termination was requested. This membership cannot be suspended.
1.6. “Energy” membership for a period of 12 or 24 months entitles the Member to use selected premises of the Club where the Application was submitted.
1.7. „Corporate“ membership is based on a contract with a legal entity or natural person on the basis of which third parties in an employment or similar relationship are entitled to use the services of the Club for a discounted membership fee during the term of the contract.
Membership Contributions and Payments
1.8. With the exception of Article 3.10, the registration fee is in the amount specified in the Application and is payable immediately upon signing the Application. The fee is non-refundable.
1.9. Membership fees are established in the application. Membership fees are paid once per given billing period, where the billing period is one calendar month, unless expressly stated otherwise. Membership fees for the given month are due in advance by the 1st day of the current billing period. The member is also obligated to pay for the use of the club facilities for the period between the day of signing and the day of the commencement of the minimum membership term, prorated to the duration of this transition period. This prorated amount of the monthly membership fee is due upon the signing of the application.
1.10. The Club may introduce discounted membership fees. Eligibility for discounted membership fees is contingent upon the submission of a proof of such entitlement. The list of current terms and conditions and documents proving eligibility to discounted membership fees is available at the respective Club. The Member may be charged the full membership fee for his/her initial payment, after which the fee will then be discounted in the first invoice within 30 days of the submission of the respective verification of eligibility to the Club.
1.11. Payments of the membership fees can be made by providing your credit/debit card number, including the CVV code, type of card and its date of expiration, which will be charged the amount of the membership fees after the member grants his/her consent. The member’s signature on the credit/debit card slip entitles the Club to charge the member‘s account and to withdraw the full amount owed without informing the member. For yearly membership fee amount / or 4 month membership fee amount, (depend on type of membership which he/she has), at the Club reception desk.
1.12. In case of delay of membership fee payment the Club will immediately block the Member‘s access to the Club without any additional justification and the Club is not obligated to provide any services to the Member until the total amount owed has been paid.
1.13. Membership fees may be increased at the Club’s discretion provided that the Member is informed of this fact one month in advance. This does not apply to prepaid annual membership fees that may be increased during extension of the Contract. If the Member does not agree with the increase, he or she may withdraw from the Contract.
1.14. The lockers in the premises of the Club are emptied every night and their contents are stored for a period of 6 months at the expense and risk of the person to whom they belong. Items left on Club premises that are not collected within the established period will then be given away. The Club is entitled to charge a fee for the removal and storage of items left in the lockers. The Club is not responsible for property left in the lockers.
1.15.a Select Club facilities may introduce an intelligent member card system. Members are thus required to specify in their application whether or not they grant consent to the use of their photograph on the Jatomi fitness club member card. If such a system is introduced, the member will obtain a member card for use in the intelligent member card system, which is included in the membership fees. In the event of a loss of such a member card, they must pay a fee of CZK 250 for the issuance of a new member card.
1.15.b Select Club facilities may introduce biometric technology utilizing papillary ridge data (edge points). Members are thus required to specify in their application whether they grant their consent to the use of their papillary ridge data in the Jatomi fitness club member bracelet. If such a system is introduced, the member will obtain a member bracelet, which is included in the membership fees. In the event of a loss of such a member card, they must pay a fee of CZK 300 for the issuance of a new bracelet.
Facilities and services
1.16. Entry to the Club premises is granted only after presenting the member card or bracelet and is subject to the conditions set out in the application also after presenting a proof of identity. The member card or bracelet can be used only by the member unless the contract stipulates otherwise.
1.17. The Member may not allow the use his or her card or bracelet or provide consent to its use by a third party.
1.18. In justified cases, the Club is entitled to close selected premises of the Club, for example for the purpose of maintenance, repairs or cleaning.
1.19. The opening hours of the Club may change, of which the Club shall inform its members one month in advance within the scope of its power.
2. USE OF THE CLUB Physical condition of members
2.1. The Member acknowledges that the Club personnel have no medical training. In case of any uncertainties concerning the physical fitness or ability to perform physical tasks, the Member should consult an independent physician prior to engaging in any type of exercise.
2.2. The Member may not use any of the Club premises if he or she is ill, contagious, or has any other problems that may affect other people on the premises. The Club may establish conditional access to the Club premises and/or terminate a contract in justified cases with a submission of a medical report confirming the physical condition of the Member and/or by requesting a statutory declaration by the Member.
2.3. The Club and its personnel are not responsible for any damage, loss, or theft of items or objects brought inside the Club premises (this includes vehicles and their contents); the Club and its personnel are not liable for death, injuries, or illnesses incurred in connection to the use of the Club services (including injuries caused by using Club devices and/or equipment) except in those cases when they were caused by the activity of the Club personnel.
2.4. Members shall make sure that they use Club devices and/or equipment in an appropriate manner. In case of any uncertainty concerning the proper use of the equipment of the Club, the Member shall consult a Club employee prior to the use of the equipment.
2.5. Some areas in the premises of the Club are not supervised and the Club is not liable for any damages and injuries incurred during their use, except for those caused by the Club personnel or due to negligence on the part of the Club.
2.6. Members shall not use the objects, devices or equipment of any Club facilities in an inappropriate way. The Member is liable for any damages that he or she causes by damaging the property of the Club or by any other way.
2.7 Members may not engage in providing training services, even if they own a trainer‘s license. Training in the club may be conducted only by personal trainers who are under contract with the company.
2.8 Members may only use the training services provided by the company‘s personal trainers.
3. DURATION OF MEMBERSHIP
3.1. The minimum duration of the membership is established in the Application. The minimum duration of the membership is calculated in full calendar months and it starts on the first day of calendar month following the date the Application was signed except if the Application was signed on the first day of the calendar month. In such cases, the minimum duration of membership commences on the date of signing of the Application. If the Member does not inform the Club of his or her intention not to extend the Contract at least one month prior to the expiration date of the minimum duration of the membership, the Contract will be automatically extended for an indefinite period after the minimum duration has expired according to the terms and conditions valid as of the last day of the minimum duration of the membership.
3.2. The membership may be paid in advance for the entire period specified in the Contract, i.e. for 4, 12 or 24 months. Memberships paid in advance conclude at the end of the minimum duration of the membership, i.e. after 4, 12, or 24 months of the membership paid annually. If the Member signs a new contract with the Club during the existing membership paid in advance or during the week after the termination of the membership, the Member is exempt from the payment of the registration fee related to the signing of a new contract with regard to the continuation of the membership relation.
3.3. With the exception of the first three months of the Contract, it is possible to suspend the membership for a period of 2 (minimum) to 12 (maximum) months, provided that the Club will be informed of this fact no later than by the 20th day of the month preceding the month in which the suspension is to commence. During the suspension period, the Member shall pay a discounted membership fee in the amount of CZK 250 for each suspended month. The option to suspend membership does not apply to corporate and Impact membership. If the Member does not inform the Club of his or her intention to suspend the membership by the aforementioned deadline, the membership will not be suspended until the Member informs the Club of his or her intention according to the aforementioned terms and conditions. During membership suspension, the Member is not entitled to access to Club facilities and the minimum duration of the Contract is extended for the period of the membership suspension.
3.4. The Member has the option to transfer his or her membership to another person prior to the termination of the Contract for a one-time fee of CZK 500.
3.5. If the membership is terminated in accordance with the provisions of the Contract, the Member shall pay the minimum the membership fees for the period to which he or she consented in Application, except for in the provisions of Art. 3.5a – 3.5c below. This exception does not apply to corporate membership.
Termination of the Contract by the Member If the Member is not satisfied with the services of the Club during the first 10 days of his/her membership, he/she has the right to withdraw from the Contract. The request shall be addressed within 20 days from the date of submission of the request.
3.5a. During the minimum duration of the membership, the Member can only terminate the membership for the following reasons: I) the Club significantly violates the terms and conditions of the Contract and fails to remedy such situations after written notification by the Members with a minimum of a 21-day period for rectifying the given situation ; or II) the Member is prevented from using the services of the Club by significant and existent medical reasons; or III) in accordance with Art. 3.5b and 3.5c below.
3.5b. During the minimum duration of membership, the Member may terminate the membership prematurely by a mutual agreement with the Club, provided that the Member pays at least 40 % of the amount corresponding with the unpaid membership fee to the end of the minimum duration of membership (hereinafter “the Settlement Fee”). When the Member pays the Settlement Fee to the Club, the Club will issue a credit note for the Member with the same value as the Settlement Fee. The credit note can be applied to get a discount in the corresponding amount when the Member renews membership.
3.5c. If the Member does not terminate his or her membership during the minimum duration of membership in accordance and in the manner described in Art. 3.5a – 3.5b, the Member shall settle all his or her obligations. If the Member fails to do so, he or she thereby acknowledges that the Club may assign its claims from the Member to any third party, to which the Member hereby explicitly consents.
3.6. If the Member wishes to terminate membership after the termination of the minimum duration of membership, he or she shall:
I) fill in an application for the termination of the Contract; or
II) submit a written notice to the General Manager of the primary Club, sent as a registered letter with a delivery note.
3.7. The notice period is one calendar month and starts on the first day of the following month after the month in which the request for termination was submitted, except for as stipulated in the provisions of Articles 3.4 and 3.2. The month of the notice period shall be paid in the full amount of monthly membership.
3.8. The Club may terminate the membership immediately if the continuation of the membership could, according to the Club’s discretion, harm the reputation and interests of any of the Club facilities, namely due to aggressive or dangerous behaviour, vandalism or other conduct in conflict with the principles of social coexistence.
3.9. The Club may terminate the membership immediately when:
I) the Member violates the terms and conditions of the Contract, or II) the Member has not paid the membership fees or any other payments by the deadline determined by the Club, even though the Member has been informed of the delay in payment. If a person whose membership was terminated according to Art. 3.10
II) wants to renew his or her membership, the Club may issue a condition on the conclusion of a new contract by a payment of a special registration fee calculated as the sum of the registration fee specified in the Application and amounts equalling the unpaid amounts for the period prior to the termination of the membership. The Club may decide to establish the special registration fee in a different amount than stated in the previous sentence. The Club determines the conditions of the payment of the special registration fee. 3.10. The membership may be terminated by the Club if the Member‘s primary Club completely terminates its activity. 3.11. Independently of the aforementioned provisions, the Member is not entitled to use the Club facilities if he or she is in default of any payments of membership fees or any other payment. In this situation, the Club is exempt from providing any services for the member until the debt has been settled; in particular, the Club reserves the right to prevent the Member from entering the premises of the Club.
4. OTHER PROVISIONS
4.1. The Club reserves the right to photograph its premises for advertising and promotional purposes and the photographs may include the present members, of which the Club must always notify the Member.
4.2. Failure to enforce the rights on the part of the Club at any time or for any reasons shall not be considered a forfeit of such rights. Additionally, failure to take advantage of the rights to which the Club is entitled in case of a violation of the Contract on the part of the Member shall not be considered endorsement of such conduct.
4.3. If any of the provisions of the Contract are declared to be invalid, they will be deleted without any effect on the validity and effectiveness of other provisions.
4.4. The Club may assign or transfer the rights arising from this Contract to third parties and also authorize a third party to execute the claims arising from the Contract without needing to inform the Member.
4.5. Written notifications requested by any of the Parties shall be sent as a registered letter or by courier to the address provided in the Application or to any other address provided by any of the Parties, except for Articles 1.3, 1.4, 1.5, 1.6, 1.7. 1.12, 1.18, 4.1, where the information may be provided by notification available at the Club premises.
4.6. Unless the Contract provides otherwise, none of the Parties may change the terms and conditions of the Contract without written approval from the other Party.
4.7. The Contract and the contractual and non-contractual claims arising from the Contract are governed by the laws of the Czech Republic. Any disputes that may arise in relation to the fulfilment of the Contract will be resolved by relevant Czech general courts.
4.8 By signing the Membership Contract, members are obligated to follow Club Rules, which are available upon request.
Payment Payment by credit or debit card may be conducted through any bank. The accuracy and security of payments are monitored and protected by your bank. If the amounts to be paid or payment terms change, you shall be notified by the Club.
SAUNA TERMS AND CONDITIONS
1. Wash and dry whole body carefully before entering the sauna.
2. Take off all metal objects before going into sauna, as they may cause body burns.
3. Do not sit directly on wooden surfaces, use your own, dry towel. It should be unfolded to prevent any body part from touching the seat surface.
4. It is customary in sauna not to disturb other people, e.g. by talking loudly, etc.
5. Do not pour water or any other liquid on sauna rocks. The water steam has a boiling temperature.
6. Flush the whole body carefully after leaving sauna. 7. Rest a while before putting clothes on to lower your pulse. It is recommended to drink water to restore fluid balance in organism.
8. A single sauna session should not last longer than 10 minutes. Cool down your body with cool water each time after leaving sauna. Rest ca. 10-15 minutes before going to sauna again. It is not recommended to repeat it more than three times.
9. Staying in hot sauna for a longer time may increase body temperature, which could be dangerous for health.
10. It is important to be very careful in sauna and remember that the temperature inside may make the equipment as well as fabrics very hot. The sensations in sauna are subjective for each person so always pay attention and decide whether the temperature is suitable for you.
11. Move carefully in sauna as the floor and platform may be slippery.
12. It is recommended to consult a doctor as regards possible limitations for using sauna due to health reasons.
13. Sauna may only be used by healthy persons or by those whose health condition is not a contraindication for using such facility. 14. Using sauna is not recommended for:
a) persons with heart disease, hypertension, vascular diseases,
b) persons with thyroid disorders, claustrophobia, epilepsy, rheumatic disorders, cancer, acute infections and asthmatic diseases,
c) women who are pregnant or during their menstrual cycle,
d) elderly, weakened or intoxicated persons.
15. Using sauna is at one’s own responsibility.
16. Young people (below 16) may be in sauna only if accompanied by an adult person.
17. It is prohibited to go into sauna after drinking alcohol, using psychoactive substances or taking strong medicines.
18. Never fall asleep in hot sauna. It is recommended to go to sauna with another person who can provide aid if such is needed.
19. Do not leave your clothes to dry in sauna.
20. It is strictly prohibited to bring any electronic devices, food, drinks or cosmetics to sauna.