THE RULES OF THE USAGE OF THE SERVICES PROVIDED BY FITCLUB 24/7 SPORTS CLUB

1. General provisions

1.1. The terms of FitClub 24/7 Sports Club Terms of Service (hereinafter referred to as the “Rules”) provide the FitClub 24/7  V. Krėvės pr. 57 and FitClub 24/7 located in Šiaurės pr. 8D, Kaunas (hereinafter – the Gym), the general rules of safe conduct, the rights and duties of the Gym and the client.

1.2. The Gym Visitors are considered to be only the persons who, in accordance with the terms and conditions established by the Gym, are:

1.2.1. Completed the first registration;

1.2.2. Paid a membership fee;

1.2.3. Acquainted with the Rules and confirmed the consent with the fingerprint.

1.3. The Gym reserves the right not to provide services to the Gym Visitors, if they do not follow the rules of the Gym, do not pay membership fees, and in other cases.

2. First registration

2.1. During the first registration, the Visitor has to:

2.1.1. Activate the subscription purchased online, or purchase an account at the self-service terminal or from the Gym staff (during their working hours);

2.1.2. Identifies the identity by attaching a fingerprint to the fingerprint scanner at the Gym’s premises.

2.2. When making a registration, the Visitor follows the instructions provided in the self-service terminal.

2.3. All data submitted by the Visitor during the first registration must be correct. The Visitor is responsible for submitting incorrect data.

3. Prices of the Gym services and payment procedures

3.1. The Gym Services (hereinafter referred to as (“Membership“) prices are listed at the Gym Price List, which is available at Gym’s premises and on the web site at www.fitclub.lt. Cain is determined by the Gym. The Gym reserves the right to change Membership Rates, Terms of Service, and these Rules at any time.

3.2. Customers pay for the services by:

3.2.1. Bank transfer and by bank card ,purchasing Membership at the self-service terminal;

3.2.2. By bank transfer, purchasing Membership on the website;

3.3. At the time of membership, having paid the administration fee of 5 EUR, the Visitor has the right to assign the Membership to third parties. The Gym reserves the right to limit the number of such membership transfers.

3.4. A client, when the membership is still valid, has the right to change the membership of the gym to another Fitclub gym by paying 5 EUR service fee. The sports club has the right to limit the number of passed memberships.

3.5. Day time, limited accesses memberships cannot be changed to unlimited ones.

4. Working hours, duration of visits and procedures

4.1 FitClub 24/7 Gym is open 24 hours a day, seven days a week. Taking into account of rest and holidays, the Gym reserves the right to change the working hours of the Gym in advance, no later than 3 calendar days, by informing the club’s website or at the Gym’s premises.

4.2. The duration and number of visits to the Gym are unlimited.

4.3. The membership period in the Gym is calculated from the date of acquisition of membership in the following order:

4.3.1. 1 month the term of validity of the membership is 30 calendar days;

4.3.2. 12 months membership term is 365 calendar days.

4.3.3. Customers who have purchased 1 month, 1 year or global membership, must use the services of the Gym (activate membership) not later than within 7 calendar days after payment for the services of the Gym. In the absence of a visit to the Gym by the specified deadline, the membership of the 8th day is automatically activated and the expiration date is calculated.

4.4. E. invoice membership and one-day access membership are activated on the purchase date.

4.5. Temporal cancellation, cancellation and renewal of sports club membership. The expiration date of 1-year membership can be paused for no more than 60 days. It is called member vacation. The membership is cancelled the next workday after notifying us.

4.6. In case of illness, the membership can be extended when the period of illness lasts more than 5 workdays. A visitor must submit a medical certificate if he/she wants to extend the membership due to illness. Working people must submit a copy of SODRA certificate of incapacity. The membership is extended for the period of illness, which cannot be longer than specified in a medical certificate or SODRA certificate of incapacity. Documents, confirming the illness, must be submitted in 14 days after the end of illness date, specified in documents. The membership will not be extended if documents are submitted later on.

4.7. The membership can be cancelled:

4.7. 1. Notifying about the cancellation of the membership by coming to the sports club and filling in the form or by sending an e-mail from a client’s mailbox, which was provided on the first day of registration to the gym, to info@fitclub.lt (specify your name and surname).

4.7.2.  Sign in client’s account on the sports club web page.

4.8. The cancellation of the membership in the reception, by sending an e-mail or in other ways (except for the self-service kiosks in the gym or client’s account on the web page) costs 1 EUR.

4.9. A visitor cannot get the right to temporally cancel, cancel, pause and renew the membership if he/she has bought the membership as a special offer. It depends on the conditions of a special offer.

5. Safe conduct rules

5.1. The Gym is not allowed:

5.1.1. To take pictures, filming, except when the written consent of the Gym is received;

5.1.2. To bring and eat/drink food products and alcoholic drinks.

5.1.3. Parents or guardians are not allowed to bring their children to the Gym;

5.1.4. It is prohibited to use sports shoes for outdoor footwear, slippers, sandals or absolutely no footwear.

5.2. The gym’s customer must:

5.2.1. Leave outdoor shoes in special closet;

5.2.2. Use only safe and special sport shoes (indoor) adapted to wear clean sportswear.

5.2.3. After the exercise, leave the simulator tidy. Fitness accessories, other fitness equipment, weights should be placed in the right places;

5.2.4. Before exercising on a simulator and a sports mat, you need to use a towel. In the absence of a towel, the Gym’s staff has the right to ask to leave the Gym.

5.3. The Gym has the showers. In the Gym’s shower is forbidden:

5.3.1. Perform hygiene procedures (skin scrub, hair removal, hair dyeing and other hygiene procedures);

5.3.2. Visit the gym for people with infectious, viral and other infectious diseases;

5.3.3. To bring beverales and alcoholic drinks and any food products;

5.3.4. To act carelessly, dangerously or otherwise, which could cause damage to other visitors’ health.

5.4. The working hours of sport club sauna are published on the website www.fitclub.lt, as well as on the sauna door.

5.5. The gym has the right to change working hours of sauna.

5.6. We recommend consulting a doctor on sauna usage duration.

5.7. You must take a shower before going in and out of the sauna.

5.8. It is forbidden in sauna to:

5.8.1. Pour any liquid on heating elements of the sauna;

5.9. Taking into account the specifics of the Gym’s work and customer service and the fact that customers independently use the services of the Gym, the client is informed and agrees that the Gym’s individual hours of work in the Gym may not include its employees.

6. The rights, duties and responsibilities of the Gym

6.1. The gym is entitled unilaterally:

6.1.1. Determine and limit the working hours of the Gym;

6.1.2. Determine and modify the prices of the services provided by the Gym;

6.1.3. Determine other terms and conditions provided by the Gym.

6.2. The Gym undertakes:

6.2.1. To provide services to Visitors in accordance with the requirements of these Rules and legal acts;

6.2.2. Inform about changes in the working hours of the Gym;

6.2.2. Suspend and extend the validity of membership in the cases specified in these Rules.

7. Customer’s rights, duties and responsibilities

7.1. Customer has the right:

7.1.1. Use the Gym services, equipment and access the Gym hall;

7.1.2. At the time when the client visits the Gym, use the locker for the personal belongings. The visitor has to take care of his lock in order to lock the locker. The Gym does not provide storage services, thus the safety of the items left in the closets is not answered. In the case that the Visitor leave the the Gym, leaving his belongings in the closet, the Gym reserves the right to unlock the locker and remove the items in the closet. In this case, the visitor is not entitled to make claims on the items left in the cabinet.

7.2. The payment is not refunded to anyone who has purchased FitClub 24/7 Gyms membership.

7.3. Customer has a duty:

7.3.1. To check if his state of health allows to use the services of the Gym (consult a doctor, get a medical certificate). In case of requirement of the Gym, a medical certificate must be submitted immediately;

7.3.2. By using the Gym inventory and equipment, evaluate your abilities and physical state;

7.3.3. To be familiarized with these rules, inventory manuals;

7.3.4. Use the Sports Club inventory for direct use;

7.3.5. Do not use alcohol, drugs and other psychotropic substances in the gym’s premises, as well as being sober and not intoxicated;

7.3.6. Do not use faulty simulators and inform the Gym administration about the troubles immediately;

7.3.7. Do not disturb other visitors to use Gym’s equipment. Do not use a simulator during the breaks between exercises;

7.3.8. After the finishing to use the simulator, return all weights and / or other aggregates to their intended places.

7.4. The client is not allowed to use the equipment of the Gym in the case of a deterioration of his health (health problems). If your health deteriorates at the Gym, ask urgent medical attention immediately.

Customers, consciously (intentionally or through negligence) violate the rules of the Gym, which endanger their own safety, property and their surroundings, may not be admitted to the Gym anymore. If the damages are repeated more times, customer can be removed from the Gym. In this case, the money paid for membership is not refunded. If a visitor breaks the rules of entering the club / the sports club public order causing the harm for the gym (including but not confining the cases when a visitor creates conditions for third parties to enter the club, when they do not have a valid membership), he/she must pay 20 EUR fine and his/her membership is cancelled immediately (the sports club has the right to renew the membership). The gym always reports to the police about all cases of cheating.

7.5. Customers must compensate for the damage, caused to the Gym or other customers if the damage was caused by the fault of the visitor. Damage shall be compensated within 7 calendar days after calculation of the damage and submition to the visitor.

7.6. All responsibility for the customer’s health disorders, injuries, accidents and other damage to life incurred during the visit to the Gym belong to the visitor, except the cases where the damage was caused by the fault of the Gym employees.

7.8. The Gym is not responsible for the loss and / or damage to the visitors’ personal belongings.

7.9. The gym does not evaluate influence of services to visitor’s health and does not guarantee a positive result. The gym warns that, in certain cases, taking into account the health status of the visitor and the use of facilities available for physical exercise in the gym, the visitor’s health may deteriorate.

8. Personal Trainers

8.1. In addition to the prior written consent of the Gym, it is strictly forbidden to provide sports coaching or similar services, to advise on emerging issues.

8.2. For the right to provide a trainer’s services in the Gym, please contact the Gym Administration.

8.3. Visitors who violate the conditions provided for in this part of the Rules, will be immediately removed from the Gym by canceling the existing Membership (without refunding the payment).

9. Visitors Age

9.1. The services of the Gym are only provided to the customers who are:

9.1.1. Adults (from 18 years);

9.1.2. Minors from 16 years old (if consent is provided by their parents or guardians).

9.2. The Gym for minors under 16 is prohibited.

10. Personal data processing

10.1. In order to ensure visitor’s safety, the Gym area are monitored by video cameras.

10.2. Fingerprint data (which will be obtained by scanning the visitor’s fingerprint in a non-removable manner) will be processed solely for the purpose of identifying the customer.

10.3. The visitor agrees to provide a fingerprint for identifying the client and agrees that the unrecoverable image of the customer’s fingerprint stamp will be stored in the Gym database. The fingerprint image stored in this way is not accessible to third parties. The scanned fingerprint of the visitor’s fingerprint is converted to digital format, thus, in any case, third parties could not be used. In case of the membership expires, the unhandled image of the Visitor’s fingerprint is removed from the database.

10.4. The visitor does not oppose that the personal data submitted in his completed questionnaire would be stored and processed by the Gym. The visitor confirms that he or she is aware of his / her right to access to all personal data of the Visitor’s processed by the Gym, to request the correction, destruction or suspension of his or her data processing activities, if the data are processed in breach of the laws of the Republic of Lithuania; to disagree with the processing of his personal data. The visitor also confirms that he is aware of his right not to consent to the processing of his personal data for direct marketing purposes.

10.5. More information on the processing of personal data is available in the Privacy Policy at fitclub.lt.

11. Alternative Dispute Resolution

11.1. General provisions:

11.1.1. Any disputes arising out of or in connection with the provision of services between the sports club and the client shall be resolved by negotiation. In case of disagreement, the disagreements shall be resolved in accordance with the procedure established by the legal acts of the Republic of Lithuania.

11.1.2. For the purposes of the implementation of Directive 2013/11 / EU on Alternative Dispute Resolution (ADR); The European Commission has set up the Electronic Consumer Dispute Resolution Platform (http://ec.europa.eu/odr/) under Regulation (EC) No 524/2013 of the European Parliament and of the Council on electronic consumer dispute resolution (‘EGS’).

11.1.3. EGS is an electronic tool that enables consumers to file a claim with a seller or service provider when goods or services are purchased online.

11.1.4. In Lithuania, the EGS platform enables independent, impartial, transparent, effective, speedy and fair online dispute resolution of national and cross-border disputes between consumers and e-commerce entrepreneurs within the European Union internal market.

11.1.5. The National Consumer Rights Protection Authority has been designated as the contact point for this EGS platform in Lithuania, which provides assistance to all parties of the dispute at any stage of the dispute resolution process.

11.2. Complaint procedure:

11.2.1. Any customer of “FitClub” Sports Club may file a complaint against the service purchased on our website by sending a complaint directly to info@fitclub.lt.

11.2.2. If a “FitClub” Sports Club customer is dissatisfied with the Sports Club’s final response, they may contact the National Consumer Rights Protection Agency (Vilniaus g. 25, 01402 Vilnius, e-mail service@vvtat.lt, tel. 8 5 262 67 51, fax (8 5) 279 1466, website www.vvtat.lt), as well as in the county offices of the State Consumer Rights Protection Agency, or by filling out the application form on the EGS platform: http://ec.europa.eu/odr/. FitClub Sports Club Contact Email address for referencing on the platform: info@fitclub.lt

The Customer confirms with his stamp the fact that he is acquainted with these Rules. The Client agrees and does not oppose to the terms and conditions provided in the Rules.

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