RULES FOR USING THE SERVICES PROVIDED BY THE „SPORTGATES“ SPORTS CLUB
I. GENERAL PROVISIONS
- These Rules for the Use of the Services Provided by SportGates Sports Club (hereinafter referred to as the “Sports Club”) (hereinafter referred to as the “Rules”) establish the procedure for the provision of Sports Club services, safety, hygiene and other requirements, regulate the Sports Club and its client Client”) rights, duties and obligations.
- The rules are mandatory on all persons who use the services of the Sports Club.
- Terms used in the Rules shall be understood as they are defined in the Sports Club Service Agreement, Personal Data Protection Rules or other local Sports Club legal acts concluded between the Sports Club and the Client, which the Client may get acquainted with publicly, unless the context requires otherwise.
II. PROCEDURE FOR USING THE SPORTS CLUB
- The Client is allowed to start using the services of the Sports Club after acquiring the membership of the Sports Club (hereinafter referred to as the “Membership”), properly identifying himself (submitting an identity document for the first time if the Membership is acquired at the Sports Club) and carefully reading the Rules and confirming it with his / her signature ( hereinafter referred to as the “Member”). The Sports Club reserves the right not to provide services to the Clients of the Sports Club, if they do not comply with the requirements of the Rules, do not pay the price set for the Membership and in other cases specified in legal acts.
- Sports Club Membership, for the price indicated in the price list (price list is published at: www.sportgates.lt (hereinafter – the “Website”), and in self-service terminals) can be purchased on the Sports Club Website, self-service terminal or from Sports Club employees (during their work). When registering, the Client follows the instructions provided. All data provided by the Client during the first registration must correspond to reality. The Client is responsible for providing incorrect data.
- An administration fee of EUR 5 for the acquisition of any type of membership or the payment of monthly fees on the premises of the sports club automatically, or at the sports club administrator, while a discount (EUR 5) is applied to the fee specified here electronically (online).
- Visitors pay for the services of the Sports Club as follows:
7.1. by bank transfer when acquiring Membership in the self-service terminal.
7.2. by bank transfer when purchasing the Membership on the website sportgates.lt .
7.3. by bank card, acquiring Membership from the administrators of the Sports Club, during their working hours at the Sports Club.
- Clients may visit the Sports Club 24 (twenty four) hours a day, 7 (seven) days a week, unless the Client has acquired a Membership that sets a limited duration for visiting the Sports Club. Holders of limited memberships may visit the Sports Club in accordance with the conditions set out in the specific Membership, which are specified in the information notices and the conditions of their acquisition.
- Upon arrival at the Sports Club, the client identifies himself in one of the following ways:
9.1. by affixing your fingerprint to a fingerprint reader on the premises of the Sports Club, or
9.2. if it is not possible to identify the person in the manner specified in Clause 9.1 of the Rules – he shall be photographed and the Member shall be issued a Member Card with a photograph, which shall be used for his identification, or
9.2. if it is not possible to identify the person in the manner specified in clauses 9.1 and / or 9.2 of the Rules – the Client must present his / her identity document (identity card or passport) every time he / she enters the premises of the Sports Club. By identifying a person in this way, the Member may use the services of the Sports Club only during the working hours of the administration and only in the Sports Club where the administration is located. The working hours of the administration are published on the Website and / or in a specific Sports Club.
- The recommended main way to enter the Sports Club is to scan the fingerprint part. Fingerprint data (obtained with the Member’s consent after the Member’s fingerprint has been scanned in a non-reproducible manner) will be processed exclusively for the Member’s identification purpose. The fingerprint image is inaccessible to third parties. The scanned Member’s fingerprint is converted to digital format. In the event that the Membership Term expires, the stored non-reproducible image of the Member’s fingerprint is removed from the database. If the Member does not consent to the use of his / her non-reproducible fingerprint data for the specified purposes, the Member shall be issued a membership card or the Client must present his / her identity document (passport or identity card) as specified in Clause 9.3 of the Rules.
- If a Member Card is issued to a Member (if the Client does not agree to identify himself / herself in the manner specified in Clause 9.1 of the Rules or for other reasons), an additional fee of € 1.50 (one euro and 50 ct) shall be paid (Member Card price is not included in the Membership Price). In case of loss or damage to the Member’s card, the Member must fill in an application for a new card and pay the card price again. Personal Membership Cards may not be transferred to third parties without the consent of the Sports Club.
- A member who refuses to identify himself in any way shall not be admitted to the Sports Club unless his identity and valid Membership can be established by other means.
- Persons under the age of 16 (sixteen) are not allowed to attend the Sports Club. Minors from the age of 16 (sixteen) may start using the services of the Sports Club only with the written consent of one of their parents (guardians, caregivers). Minor Clients from 16 (sixteen) years of age are acquainted with the Rules and confirm this with their signature. At the same time, one of the minor’s parents (guardian, custodian) signs. By signing these Rules, the parents (guardians, custodians) of minor clients confirm the fact that:
13.1. they are responsible for the behavior of the minor Client in the Sports Club, indemnify the damage caused by the negligence or improper supervision of the minor Client, in accordance with the procedure established by legal acts.
13.2. the minor Client is acquainted with the Rules and their conditions have been explained to him and he undertakes to comply with them.
13.3. the health condition of the minor Client allows him to use the services of the Sports Club.
- Clients who have purchased a Membership (except for “Flexible” or “Flexible +”) must start using the services of the Sports Club (activate the Membership) no later than within 7 (seven) calendar days after payment for the services of the Sports Club. If the Member does not start attending the Sports Club within the specified term, the Membership is activated automatically on the 8th day and its validity period starts to run. After purchasing a 3-day membership, it authorizes you immediately after the purchase and gives you access to the Sports Club for 3 consecutive days..
- Use of the Sports Club is possible only after wearing clean sports shoes and wearing clean, tidy sportswear. It is strictly forbidden to carry sports bags or backpacks to the gym of the Sports Club. The Sports Club does not provide storage services, only allows Members to leave items in designated areas for a maximum of 4 (four) hours. Members leave personal belongings in the Fitness Club’s locker room and lockers, which must be locked with locks brought by the Sports Club or by the Client, and when leaving the Sports Club, unlock and leave the key in the lock or give it to the administration employee. If the lockers are locked for more than 4 (four) hours, the Sports Club has the right to unlock (cut off the lock) and remove the items from it. For the possibility to use the lockers, the Sports Club has the right to temporarily ask the Client to leave an identity card or other identity document, which is returned to the Client immediately upon handing over the locker key to the administration employee. Members are advised not to bring expensive and valuable items to the Sports Club. The Sports Club is not responsible for the items left by the Clients in the changing rooms or other premises, lockers of the Sports Club, as well as for the loss and / or damage of the Clients’ personal belongings, unless it is due to the fault of the Sports Club. The member must immediately inform the Sports Club about the loss or damage of his / her belongings. Items left in the Sports Club or removed from the lockers are placed in a special place for finds and kept there for 14 (fourteen) calendar days (but the Sports Club does not store the items) from the day of their finding / removal, and then destroyed. The documents found are handed over to the police.
III. OPENING HOURS, VALIDITY OF MEMBERSHIP, DURATION AND PROCEDURE OF VISITS
- The Sports Club is open 24 hours a day, 7 (seven) days a week, or at other officially announced working hours of a particular Sports Club. Depending on the days of rest and holidays and other circumstances (for example, to meet the hygiene requirements of the Sports Club, to eliminate the consequences of accidents, breakdowns and other objective circumstances), the Sports Club reserves the right to change the working hours of the Sports Club in advance, no later than 3 (three) calendar days, informing about it on the Website and / or in the premises of the Sports Club.
- The working hours of the Sports Club administration are published in each specific Sports Club and / or Website.
- The validity period of the Membership in the Sports Club is calculated from the moment when the Client starts using the services of the Sports Club (when visiting the Sports Club and identifying himself in one of the ways specified in Clause 9 of the Rules), but in any case no later than the 8th day. The validity period of the Membership (s) in the Sports Club is calculated from the day of activation of the Membership, in the following order:
18.1. (one) month membership is valid for 30 (thirty) calendar days.
18.2. (twelve) months membership is valid for 365 (three hundred and sixty-five) calendar days.
- The validity period of 12 (twelve) months membership may be temporarily suspended, but not longer than for a period of 60 (sixty) days: membership Flexible – suspended for 60 (sixty) days, SMART – 30 (thirty) days. This is referred to as Member Vacation. A suspended account is extended for the duration of the suspension. Monthly memberships cannot be canceled.
- In the case of special offers and in other cases, the suspension period may be shorter (this is specified in the terms and conditions of the specific offer, which are published on the Website and in the Sports Club).
- The minimum period of suspension of Membership may not be shorter than 7 (seven) days.
- If the membership of the sports club is suspended at the request of the client or by the decision of the club, when the club has such an obligation / right due to the circumstances (legal procedure or force majeure factor), its validity period is not calculated. The term of the Membership goes on (is continued) when the term for which the Membership has been suspended expires.
- Membership is suspended on the next business day after the day of receipt of the notice of desired suspension. If the Member notifies about the planned Member’s vacation before the last working day of the month, the Member will receive a correspondingly lower bill for the following month (depending on the duration of the Member’s vacation). If a Member’s holiday is notified after the last working day of the month, a lower invoice amount will be issued for the following month (i.e. after the first December notification, the full contribution will be paid for December and a lower contribution for January, which is proportional to the number of days of leave). number). Notification of suspension of Membership is possible upon arrival at the Sports Club or by notifying the Sports Club by e-mail specified in the Agreement, indicating your name, surname or otherwise properly identifying yourself, as well as logging in to the Member’s account on the Website.
- Braking in administration by e-mail notification by post or other means (excluding self-service on the website or terminals in sports clubs) is charged an administrative fee of € 1.
- In the event that the Membership is acquired during the promotion, depending on the terms of the promotion, the Member may not be granted the right to temporarily suspend and / or extend the Membership (also in the cases specified in Clause 21 of the Rules). Membership is not suspended for past periods when the Member has not visited the Sports Club, except for the cases specified in Clause 21 of the Rules.
- Membership may be extended in case of illness, when the illness period lasts longer than 5 (five) working days. Students, seniors, seniors must submit a doctor’s certificate of illness in order to renew their membership due to illness. Holders of other Members must submit a copy of the issued certificate of incapacity for work, or another document substantiating the incapacity for work. Membership is extended only for the period during which you do not visit the Sports Club. Documents proving the fact of the disease must be submitted no later than 14 calendar days after the date of termination of the disease, which is indicated in the relevant document. Membership is not renewed after this deadline.
- The Annual Membership may also be transferred (except for Memberships acquired during special offers, when specified in the terms and conditions of the specific offer) to another person, informing the Sports Club thereof and paying a one-time transfer fee of 5 € (five euros). This fee also applies to the transfer of Membership from one sports club to another belonging to the same service provider. The remaining Membership Period is rewritten. It is forbidden to transfer the Membership without the knowledge and consent of the Sports Club.
IV. SPORTS CLUB MEMBERSHIP PRICES, PROCEDURE FOR PAYMENT FOR SPORTS CLUB SERVICES.
- Membership prices are provided in the price list of the Sports Club, which is available on the premises of the Sports Club, if the administration of a particular Sports Club is located, on the Sports Club Website and in self-service terminals. Prices are set by the Fitness Club. The Sports Club reserves the right to change the Membership Prices and other conditions at any time in accordance with the procedure established in the Agreement.
- Gift vouchers – invitations can be purchased at the sports club. Sports club gift vouchers are valid for 3 (three) months from the date of purchase, they can be used to pay for Sports Club services. The difference between the price of the services and the value of the gift voucher is paid in one of the payment methods provided for in the Agreement. Gift vouchers can only be used to pay for the services listed in the Sports Club’s price list. The gift voucher is not exchangeable for cash, and it cannot be used after the expiration date of the gift voucher.
- Members who have acquired memberships are not refunded unless required to do so by law, contract or regulations.
V. RULES OF SAFETY BEHAVIOR IN SPORTS CLUB
- When using the services of the Sports Club, the Client must:
31.1. to make sure that his / her health condition allows him / her to use the services of the Sports Club (check his / her health and consult a doctor). All consequences related to non-compliance with this recommendation shall be borne by the Client.
31.2. not to use the services of the Sports Club in case of deteriorating health (with health disorders). If the health deteriorates while in the Sports Club, inform the Sports Club staff or other persons immediately. Sports club staff may request the Client to stop training if they notice any possible health problems of the Client.
31.3. to be sober and not intoxicated by alcohol, drugs and other psychotropic substances. It is forbidden to bring alcoholic beverages and any food into the Sports Club.
31.4. To wear only safe footwear adapted for sports activities (indoors), wear clean, tidy sportswear. It is forbidden to wear outdoor shoes, slippers and sandals without wearing any shoes at all. Clients violating this clause will not be admitted to the Sports Club.
31.5. bring soft drinks only in unbreakable water bottles.
31.6. to use the equipment and other inventory of the Sports Club only for the direct purpose. Not knowing how to use the trainers and other equipment of the Sports Club correctly and safely, consult a gym coach or other staff of the Sports Club, get acquainted with the instructions for using the equipment.
31.7. do not use faulty exercise machines and inform the Sports Club immediately about the fault.
31.8. not to prevent other visitors of the Sports Club from using the exercise machines and other equipment. Do not occupy the exercise machine during breaks between exercises.
31.9. leave the exercise machine tidy after exercise. Fitness accessories, other gym equipment, weights must be placed in their places.
31.10. put a towel on the exercise machine and exercise mat before performing the exercises. If the staff of the sports club notices that the Client uses the equipment of the sports club in violation of this rule, he / she may ask the Client to use the towel, and if he / she does not have it, to prevent the use of the equipment of the sports club.
31.11. use the hair dryer only for its intended purpose (do not dry clothes or shoes). Clients are also prohibited from performing skin scrubbing, hair removal, dyeing or other personal aesthetic procedures on the hygiene premises.
31.12. to visit only the premises intended for the Clients.
31.13. pay a fine of € 20 (twenty euros) to the Sports Club if:
31.13.1. has admitted another Sports Club Member or a Sports Club Non-Member visitor to the club with his / her Member card or in other ways.
31.13.2. if together with another visitor of the Sports Club tries to pass through the turnstile at the same time or otherwise enter the Sports Club illegally. In case of violations of the Rules specified in this clause, and failure to pay the fine imposed by the Sports Club, the Sports Club shall suspend the Membership of the Client who committed the violation until the fine is paid. If the Client refuses to pay the fine, the Sports Club reserves the right to recover it in a pre-trial manner, by transferring the Client’s personal data to debt collection companies or in court.
31.14. obtain the written consent of the Sports Club to film and / or photograph at the Sports Club.
31.15. to compensate the Sports Club for material damage (due to damaged equipment, inventory, etc.) caused due to the fault or gross negligence of the Member or persons related to him / her according to the calculated losses provided by the Sports Club. The Member must compensate the damage caused to the Sports Club not later than within 7 (seven) calendar days from the submission of documents substantiating the loss, unless a different term of compensation has been set with the consent of the Sports Club administration, or if a dispute arises over the fact and amount of damage.
31.16. Do not train other persons and do not perform any other economic and commercial activities without the written consent of the sports club.
- Members knowingly (intentionally or negligently) violate the Sports Club Rules when such violations endanger the safety of the Client, other Clients, violate the rights and legitimate interests of other Clients or the Sports Club, do not listen to the coaches and / or administration warnings threatening their own, and for the safety and property of others – may not be admitted to or asked to leave the Sports Club, and Membership may be suspended. In this case, the money for the acquired Membership is non-refundable.
- Taking into account the specifics of the work and Client service of the Sports Club, and the fact that the Members use the services of the Sports Club independently, the Member is informed and agrees with the Rules that the employees of the Sports Club may not be present. The member is informed that he will choose the trainers, tools, equipment, as well as physical activity according to his individual needs, personal characteristics and the impact on the body.
- The Sports Club undertakes to provide services to the Members in accordance with the requirements of these Rules and legal acts; to inform the clients about the changes in the working hours of the Sports Club at least 3 working days before such changes, by publishing them on the Website and in the Sports Club, if possible – in person; to suspend and extend the validity of the Membership in the cases and according to the procedure established in these Rules and the Agreement.
- The Sports Club does not guarantee the positive progression of the provided services on the Client’s health, body shape or weight change. The services provided in the Sports Club, taking into account the health condition of a particular Member, may have a negative impact on health, therefore the Client must be careful and diligent when using the services of the Sports Club.
- If the Client has obvious health problems that may interfere with other Clients or impede him / herself, he / she may not be allowed into the Sports Club spaces or separate areas.
- The Sports Club obliges to pay damages for the Client for both property and non-property damage caused to the Client’s health and life due to the services provided by the Client, if this damage has occurred due to the fault of the Sports Club. The Client confirms that he has been duly informed and knows and understands that the Sports Club and its staff are not responsible to the Client if the Client himself (including minors and their accompanying persons) does not comply with generally safe safety requirements, disregards his / her health condition, and / or Sports Club staff instructions, and / or these Rules.
VI. FINAL PROVISIONS
- By signing these Rules, the Client confirms that he agrees to comply with them and assumes responsibility for non-compliance with the conditions and obligations set forth in the Rules and the consequences caused by such non-compliance.
- The Rules may be changed / updated due to changes in the legal acts regulating the activities of the Sports Club and / or market conditions, as well as in case of other objective circumstances.
- The amended / updated Rules are published on the Sports Club Website and on the premises of the Sports Club. Clients who do not agree with the amended / updated version of the Rules have the right to terminate the Agreement in accordance with the procedure established therein.
- The Client agrees that the Sports Club, without separate prior consent and notice of the Client, transfer its rights and obligations arising from the relationship with the Client, provided that this does not worsen the Client’s position and does not reduce the guarantees and rights provided to him.
- Any disputes between the Sports Club and the Client will be resolved amicably, through negotiations. The client can submit a request, complaint or claim directly to the administration of the Sports Club, or send it by post to the address: Vytauto pr. 23, Kaunas or via e-mail address: email@example.com. After considering the received request / complaint / claim, the Sports Club shall provide the Client with an answer no later than within 14 (fourteen) days from the date of its receipt. The reply is sent by registered mail and / or e-mail. by post, or forwarded through other communication channels, if such a request has been submitted by the Client. However, if the dispute cannot be resolved amicably, the Client may apply to consumer protection institutions (for example, the State Consumer Rights Protection Service (address: Vilniaus St. 25, LT-01402 Vilnius, e-mail: firstname.lastname@example.org, tel .: 8 5 262 67 51, fax: 8 5 279 1466, website www.vvtat.lt, as well as the territorial subdivisions of this service) or to resolve a dispute through the electronic consumer dispute resolution platform, at: http://ec.europa.eu/odr/ filing a claim if the services were purchased online, or go directly to court.