THE RULES OF THE USAGE OF THE SERVICES PROVIDED BY SPORTGATES SPORTS CLUB
- These rules (hereinafter – the Rules) of the usage of the services of SportGates sports club (hereinafter – the Sports club) determine the order of the service provision of the Sports club, safety, hygiene and other requirements, regulate the rights, duties and obligations of the Sports club and its client (hereinafter – the Client).
- The Rules are mandatory to all people using the services of the Sports club.
- The concepts used in the Rules are interpreted in the way they are defined in the agreement of the service provision of the Sports club concluded between the Sports club and the Client, in the Rules of personal data protection or other local acts of the Sports club with which the Client can get acquainted in public if the Context does not require to use them in a different manner.
THE ORDER OF THE USAGE OF THE SPORTS CLUB
- The Client can start using the services of the Sports club after purchasing the Membership (hereinafter – the Membership) of the Sports club, proper personal identification (for the first time providing the document certifying the personal identity, if the Membership is purchased in the Sports club) and after careful reading of the Rules and confirming this with own signature (hereinafter – the Member). The Sports club reserves the right not to provide the services for the Clients of the Sports club if they do not follow the requirements of the Rules, do not pay the established price for the Membership and in other cases provided in the legal acts.
- The Membership of the Sports club can be purchased in the Website of the Sports club, self-service terminal or from the employees of the Sports club (during their working time) for the price indicated in the pricelist (the pricelist is announced in www.sportgates.lt (hereinafter – the Website) and self-service terminals. Performing the registration, the Client follows the given instructions. All data, provided by the Client during the first registration, have to be real. The Client is responsible for the provision of incorrect data.
- When purchasing a onetime membership, monthly membership, yearlong membership, Membership Lanksti, other memberships from www.sportgates.lt or in self-service terminals present in the sports club, and paying monthly payments, a service tax of EUR 0.95 is paid.
6.1. When purchasing the memberships, indicated in Clause 6 of the rules of the sports club, in the administration or paying monthly payments in the premises of the sports club from the administrator of the sports club, a service tax of EUR 5 is paid.
The visitors settle for the services of the Sports club via:
7.1. money bank transfer and debit card when purchasing the Membership in the self-service terminal;
7.2. money bank transfer and debit card when purchasing the Membership in the internet website www.sportgates.lt
7.3. debit card when purchasing the Membership from the administrators of the Sports club during their working time in the Sports club.
- The Clients can use the Sports club 24 (twenty-four) hours a day, 7 (seven) days a week, except for the cases when the Client has purchased the Membership which determines a restricted duration of the visit to the Sports club. The holders of restricted membership can come to the Sports club according to specific provisions provided by the Membership, which are indicated in informational announcements and provisions during their purchase.
- After arriving to the Sports club, the Client identifies himself/herself in one of the following ways:
9.1. putting his/her fingerprint to the fingerprint reading machine in the premises of the Sports club, or
9.2. if it is impossible to identify the person in the way indicated in Clause 9.1 of the Rules – the person is photographed and the Client is given the Member card with the photo which is used for his/her identification, or
9.3. if it is impossible to identify the person in the ways indicated in Clauses 9.1 and/or 9.2 – every time coming to the premises of the Sports club, the Client has to show the document confirming his/her identity (personal identity card or passport). If the person is identified in such way, the Member can use the services of the Sports club only during the working time of the administration and only in that Sports club which has the administration. The working time of the administration is announced in the Website and/or specific Sports club.
- Recommended main way of entrance to the Sports club – reading of the fingerprint part. The data of the fingerprints (which shall be received after reading the fingerprint of the Member in an unrecoverable manner with the Member’s agreement) shall be managed exceptionally for the purpose of the Member’s identification. The image of the fingerprint is not available for the third parties. The read fingerprint of the Member is converted to the digital format. In case the term of the Membership ends, the protected unrecoverable fingerprint of the Member is removed from the data base. If the Member does not agree with the usage of the data of his/her unrecoverable fingerprint model for the indicated purpose, the Member receives the membership card or every time entering the premises of the Sports club, the Client has to show the document confirming his/her personal identity (passport or personal identity card), as indicated in Clause 9.3 of the Rules.
- If the Member receives the Member card (if the Client does not agree to identify himself/herself in the manner indicated in Clause 9.1 of the Rules or for other reasons), additional fee of 1.50 € (one euro and 50 cents) is paid for its issuance (the price of the Member card is not included into the price of Membership). If the Member card is lost or damaged, the Member has to fill in the application to issue a new card and pay the price of the card again. Personal Membership cards cannot be transferred to the third parties without the Sports club’s consent.
- The Member, refusing to identify himself/herself in any of the ways, is not admitted into the Sports club unless the identity and valid Membership can be established in other ways.
- People, younger than 16 (sixteen) years, cannot use the Sports club. Under-age people from 16 (sixteen) years can start using the services of the Sports club only after providing the written consent of one of the parents (guardians, caregivers). Under-age Clients from 16 (sixteen) years are introduced with the Rules and confirm this with their signatures. The Rules are also signed by one of the parents (guardian, caregiver) of the under-aged person. By signing these Rules, the parents (guardians, caregivers) of the under-age Clients confirm the fact that:
13.1. they are responsible for the behaviour of the under-age Client in the Sports club, compensate the loss, incurred for non-supervision of the Client or improper supervision, in the order determined by the legal acts;
13.2. the under-age Client has been acquainted with the Rules and their provisions, and undertakes to follow them;
13.3. the health state of the under-age Client allows using the services of the Sports club.
- The Clients, purchasing the Membership, have to start using the services of the Sports club (to activate the Membership) not later than in 7 (seven) calendar days after the payment for the services of the Sports clubs. If the Member does not begin using the Sports club in the indicated term, the Membership is active on the 8th day automatically and its validity term is calculated. When purchasing a onetime visit in the Sports club, it is valid for 24 hours and provides the possibility to enter the Sports club once.
- One can use the Sports club only wearing clean sportswear and clean, neat sports clothing. It is strictly forbidden to take sport bags or backpacks to the trainer hall of the Sports club. The Sports club does not provide the services of object keeping, it only provides the possibility for the Members to leave the things they bring in the indicated places for the period of not more than 4 (four) hours. The Members leave their personal things in the cloakroom of the Sports club and changing rooms which have to be locked with the Sports club’s or Client’s own padlocks, and when leaving the Sports club – to unlock and leave the key in the padlock or give it to the administration worker. If changing rooms are locked for more than 4 (four) hours, the Sports club has the right to unlock the locker (to cut the padlock off) and remove the things present there. The Sports club has the right to temporarily ask the Client to leave the personal identity card or other document, confirming the person’s identity, for the possibility of using the lockers, and such document is returned to the Client immediately after the administration worker receives the key of the locker. The Members are recommended not to bring expensive and valuable things to the Sports club. The Sports club is not responsible for the Clients’ objects left in changing or other premises of the Sports club, or lockers, also, for the loss and/or damage of the Clients’ personal things, except if this happened for the fault of the Sports club. The Member has to immediately inform the Sports club about the loss or damage of own things. Things, left in the Sports club or removed from the lockers, are put to a special place intended for the found things and are kept there for 14 (fourteen) calendar days (but the Sports club does not keep the things) from the day of their finding/removal, and destroyed after that. Found documents are given to the police.
WORK TIME, MEMBERSHIP VALIDITY TERM, DURATION AND ORDER OF VISITS
- The Sports club works the whole day, 7 (seven) days per week or in other officially announced work time of specific Sports club. Taking the days off or holiday days and other circumstances (for example, on purpose of accomplishing the hygiene requirements for the Sports club, removing the consequences of accidents, failures and for other objective circumstances) into consideration, the Sports club reserves the right to change the work time of the Sports club in advance, informing about this in the Website and/or the premises of the Sports club not later than 3 (three) calendar days in advance.
- Working time of the Sports club’s administration is announced in every specific Sports club and/or the Website.
- Validity term of the Membership(s) in the Sports club is calculated from the moment the Client begins using the services of the Sports club (visits the Sports club and properly identifies himself/herself in one of the ways indicated in Clause 9 of the Rules), but in any case, not later than the 8th day from the day of the Membership purchasing. Validity term of the Membership(s) in the Sports club is calculated from the Membership’s activation day in the following order:
18.1. validity term of 1 (one) month membership is 30 (thirty) calendar days;
18.2. validity term of 12 (twelve) month membership is 365 (three hundred, sixty-five) calendar days.
- Validity term of 12 (twelve) month membership can be temporarily suspended, but not for a longer period than 30 (thirty) days, membership Lanksti – 60 (sixty) days, SMART – 30 (thirty) days. Monthly memberships are not suspended. It is called Member holidays.
17.1. In case of special offers and in other cases, suspension period can be shorter (this is indicated in the provisions of specific offer).
17.2. The shortest period of Membership suspension cannot be shorter than 7 (seven) days.
17.3. If membership Lanksti is suspended, its validity term is not calculated. Membership term continues when the term comes for which the Membership has been suspended.
7.4. Membership is suspended the next working day after the reception of the announcement about the desired membership suspension. If the Member announces about the planned Member holidays till the last working day of the month, then the Member receives an accordingly smaller bill for the next month (depending on the duration of the Member holiday). If the information about the Member holiday is received after the last working day of the month, smaller invoice sum is formed for the next month (e.g., if announced on the first of December, full payment shall be paid for December, for January – smaller sum in proportion to the number of days of the holiday), after the reception of the announcement, the next month. One can announce about the suspension of the Membership arriving at the Sports club or informing the Sports club via the e-mail indicated in the Agreement from that e-mail which the Client had indicated during the registration (indicating his/her name, surname and properly identifying himself/herself), also, connecting to the Member’s account in the Website.
19.1 Suspension in administration, after informing via the e-mail or other means (except self-service in the website or terminals in sports clubs), is taxed with the administrative fee of 1 €.
19.2 In case the Membership is purchased during the action, with reference to the provisions of the action, the Member may be refused the right to temporarily suspend and/or continue the Membership (also, in cases indicated in Clause 21 of the Rules). The Membership is not suspended for past periods when the Member did not visit the Sports club, except for the cases indicated in Clause 21 of the Rules.
- The Membership is suspended the next working day after the day of proper application presentation.
- The Membership can be continued in case of disease, when the disease period continues for more than 5 (five) working days. On purpose of extending the membership because of the disease, students, pupils, elderly people have to provide the doctor’s certificate about the disease. Holders of other Memberships have to provide the copy of the issued unemployment certificate or other document verifying the unemployment. The Membership is extended only for the period during which the person does not use the Sports club. Documents, confirming the disease fact, have to be provided not later than in 14 calendar days after the date of end of disease which is indicated in the corresponding document. If missing this term, the membership is not extended.
- Yearlong Membership can also be transferred (except for the Memberships purchased during the special offers when this is indicated in the provision of specific offer) to another person after informing the Sports club about this and paying a onetime administrative fee of 5 € (five euros). This fee is also applied when transferring the Membership from one sports club to another, belonging to the same service provider. The remaining Membership period is transferred. It is forbidden to transfer the Membership without the knowledge and consent of the Sports club.
PRICES OF THE SPORTS CLUB’S MEMBERSHIP, THE ORDER OF PAYMENT FOR THE SERVICES OF THE SPORTS CLUB
- The prices of the Membership are provided in the pricelist of the Sports club which is available in the premises of the Sports club, if administration works in a specific Sports club, in the Sports club’s Website and self-service terminals. The prices are established by the Sports club. The Sports club reserves the right to change the Membership prices and other provisions at any time in the order provided in the Agreement. The prices are not changed in their validity period to the Members, who have purchased a fixed-term Membership.
- One can purchase gift coupons – invitations in the Sports club. Gift coupons of the Sports club are valid for 3 (three) months from the day of purchasing, they can be used to settle for the services of the Sports club. The difference of the value of the service price and gift coupon is paid in one way of settlement provided in the Agreement. Gift coupons can be used to settle for the services indicated in the pricelist of the Sports club. Gift coupon is not changed into money, and it cannot be used after the end of the validity term of the gift coupon.
- The money is not returned to the people purchasing the memberships.
RULES OF SAFE BEHAVIOUR IN THE SPORTS CLUB
- The Client, using the services of the Sports club, has:
- to make sure that his/her health state allows using the services of the Sports club (check health and consult the doctor). All consequences, related to non-fulfilment of this recommendation, fall to the Client;
- not to use the services of the Sports club in case of health state worsening (if having health disorders). In case of health state worsening in the Sports club, to immediately inform the personnel of the Sports club or other people about this. When the personnel of the Sports club notices possible disorders of the Client’s health, can ask the Client to stop the training;
- to be not drunk and intoxicated from alcohol, drugs and other psychotropic materials. It is prohibited to bring alcohol drinks and any food products into the Sports club;
- to wear only safe footwear suitable for sports activity (inside sport), to wear clean and neat sports clothes. It is forbidden to train wearing outside footwear, slippers, sandals, also not wearing any footwear. The Clients, violating this Clause, are not lets into the Sports club;
- to bring non-alcoholic drinks only in crash-resistant vessels;
- to use the equipment of the Sports club and other inventory only according to their direct purpose. In case of not knowing how to correctly and safely use the trainers and other inventory of the Sports club, to consult with the hall trainer or other personnel of the Sports club, to read the instructions of the trainer usage;
- not to use damaged trainers and to immediately inform the Sports club about the damage;
- not to disturb other visitors of the Sports club using the trainers and other inventory. Not to occupy the trainers during the breaks between the exercises;
- to leave the trainer in good condition after the exercise. Trainer extras, other equipment of the trainer hall, weights have to be in their places;
- before performing the exercises on the trainer and sports rug, to spread the towel. If the Client does not have the towel, the personnel of the Sports club has the right not to let the Client into the Sports club;
- to use the hair drier only according to its direct purpose (not to dry clothes or footwear). The Clients are also forbidden to perform skin cleaning, hair removal, dying or other personal aesthetic procedures in hygiene premises;
- To go to the premises intended only to the Clients;
- to pay the penalty fee of 20 € (twenty euros) to the Sports club if:
- the Client used his/her Member card or other ways to let another Member of the Sports club or a visitor, not having the Membership of the Sports cub, into the Sports club;
- the Client attempts to get into the Sports club together with another visitor of the Sports club through the turnstile or illegally get into the Sports club in other ways. In case of these violations of the Rules and not paying the money fine indicated by the Sports club, the Sports club suspends the Membership of the Client violating the Rules till the fine is paid. If the Client refuses to pay the fine, the Sports club reserves the right to exact it in judicial order;
- to receive a written consent of the Sports club on purpose of filming and/or photographing in the Sports club;
- to compensate the material damage to the Sports club (because of damaged equipment, inventory, etc.), incurred by the Member because of the Member’s or related people’s fault, or bigger imprudence according to the loss calculated and provided by the Sports club. The Member has to compensate the loss incurred by the Sports club not later than in 7 (seven) calendar days from the presentation of the documents proving the damage, except for the cases when a different term of loss compensation was established for the Member by the Sports club administration.
- Not to train other people and perform any other economic – commercial activity without the written consent of the Sports club.
- The Members, consciously (on purpose or because of imprudence) violating the Rules of the Sports club, not listening to the warnings of the hall trainers and/or administration, threatening their own and other people’s safety and property, can be not allowed into the Sports club or can be sent from it, also, the Membership can be suspended. In such case, money for the purchased Membership is not returned.
- With reference to the specific of the work of the Sports club and Client servicing and to the fact that the Members individually use the services of the Sports club, the Member is informed and agrees that there can be no workers of the Sports club in its premises. The Member is informed that he/she will choose the trainers, tools, equipment and physical load himself/herself according to own needs, personal traits and influence of the organism.
- The Sports club undertakes to provide services for the Members following the requirements of these Rules and legal acts; to inform about the changes of the working time of the Sports club; to suspend and extend the validity term of the Membership in the cases and order provided in these Rules.
- The Sports club does not guarantee the positive effect of the provided services on the Client’s health, body shapes or loss of weight. The services, provided in the Sports club, with reference to the health state of specific Member, can have negative effect on health therefore the Client has to be careful and thoughtful using the services of the Sports club.
- If the Client has obvious health problems, which can prevent other Clients or threaten the Client’s state, the Client can be not allowed into the areas or separate zones of the Sports club.
- The Sports club has to compensate the Client property and non-property damage, made by its services to the Client’s health and life, if this loss emerged because of the Sports club’s fault. The Client confirms that he/she was properly informed and knows as well as understands that the Sports club and its personnel are not responsible to the Client if the Client himself/herself (including under-age people and accompanying people) does not follow publicly casual requirements of safe behaviour, does not mind own health state and/or the instructions of the Sports club’s personnel, and/or these Rules.
- By signing these Rules, the Client confirms that he/she agrees to follow them and accepts the liability for the noncompliance to the provisions and duties provided in the Rules, and the consequences of such noncompliance.
- The Rules can be changed/updated in case of the change in the legal acts, regulating the Sports club’s activity and/or market conditions, also, in case of other objective circumstances.
- The changed/updated Rules are announced in the Website of the Sports club and the premises of the Sports club. The Clients, not agreeing with the changed/updated edition of the Rules, have the right to terminate the Agreement in the order provided in it.
- The Client agrees that the Sports club transfers its rights and duties, rising from the relations with the Client, without a separate preliminary Client’s agreement if this does not worsen the Client’s state and does not reduce the guarantees and rights granted to him/her.
- The Sports club and the Client shall aim to solve any disputes peacefully, in the way of negotiations. The Client can provide the application, complaint or claim directly to the Sports club’s administration or can send via the mail to the address: Vytauto Ave. 23, Kaunas or via the e-mail: firstname.lastname@example.org. After considering the received application, complaint or claim the Sports club shall provide the reply to the Client not later than in 14 (fourteen) days from its reception. The reply is sent via the mail and/or e-mail, or is forwarded via other communication channels if such application was provided by the Client. But if the dispute is not solved peacefully, the Client can apply to the institutions defending the consumer rights (for example, the State Consumer Rights Protection Authority (address: Vilniaus St. 25, LT-01402 Vilnius, e-mail: email@example.com, tel.: 8 5 262 67 51, fax: 8 5 279 1466, internet website www.vvtat.lt, also, territorial subdivisions of this authority) or to solve the dispute via the electronic consumer dispute solving platform, address: http://ec.europa.eu/odr/ by providing the claim if the services were purchased on the internet, or to apply directly to court.