General Terms and Conditions (GTC) of The Gyms s.r.o. for Trial Membership Valid as of: 11/07/2017
1. ENTERING INTO A CONTRACT
1.1. Term of GTC These General Terms and Conditions (GTC) apply to any and all contracts entered into between The Gyms s.r.o., a limited liability company with the registered office at Ve svahu 482/5, Podolí, 147 00 Prague 4 (THE GYMS) and trial members, unless otherwise agreed in the respective case. Trial members are persons who are, based on their trial membership, entitled to use one fitness studio (hereinafter the Studio) in the Czech Republic free of charge.
1.2. Entering into a Contract
A Trial Member first of all provides a Studio staff member with his/her identification data necessary for entering into the contract. The contract comes into force upon the member's signature on the designated input device.
1.3. Language of Contract / Content of the Contract
A contract entered into by means of an input device is not deemed a written contract. The language of contract is Czech. THE GYMS saves the contract content and sends the respective GTC via e-mail to the Trial Member.
1.4. Special Provision for Minor Persons
Persons who have not reached their 15th birthday may not become trial members. Minors who have not reached their 18th birthday may only enter into a trial membership contract with their statutory representative's consent and in his/her presence.
2. USE OF STUDIO / ADDITIONAL PERFORMANCE
2.1. Use of the Studio
By entering into the trial contract, a trial Member is granted, in accordance with the agreement on the title page of the contract, access to one or more Studios operated by THE GYMS in the Czech Republic.
2.2. Ban on Offering Commercial Training Services
Offering training services against payment or otherwise commercial in the Studio is not permitted, unless otherwise explicitly agreed.
2.3. Entry with MemberCard only (hereinafter the MemberCard)
A Trial Member receives a MemberCard. Entering the Studio(s) without the MemberCard is not possible.
2.4. Operating Rules
THE GYMS may draft operating rules of the respective Studio, which is binding for all trial members. The operating rules include especially provisions on the permissible use of the device/Studio and the protection of other members' rights.
2.5. Right to Give Instructions
Present staff may give instructions if it is necessary for maintaining proper operation of the Studio, order and safety or for observing the operating rules. The instructions must be observed.
3. TRIAL MEMBER'S OBLIGATIONS
3.1. Handling of the MemberCard
A Trial Member is obliged to keep the MemberCard in a safe place. A Trial Member must immediately inform the Studio in person or via telephone of any loss of the MemberCard. After the loss notification the MemberCard functions will be blocked and since that moment the Member cannot be held liable for its misuse (e.g. by a third party).
3.2. Fee for Issuing a MemberCard
The first issue of a MemberCard under the Trial Membership is free of charge. Issuing a new MemberCard in case of a loss or damage caused by a trial Member is subject to an activation fee of CZK 500, VAT incl. If a Trial Member in case of a new issue proves that a lower or new damage has been caused, (s)he is to pay the documented amount only. The old MemberCard becomes invalid upon activation of a new MemberCard.
3.3. Non-transferability of Membership / Ban on Lending the MemberCard / Identity Check
The Trial Membership in THE GYMS is personal and may not be transferred. A Trial Member may therefore use his/her MemberCard in person only and may not lend it to any third parties. To ensure that the MemberCard is only used by a Trial Member, a Trial Member is to provide THE GYMS with his/her photograph, which is saved by THE GYMS. If a Trial Member does not provide his/her photograph, THE GYMS reserves the right to check the Trial Member's identity by checking his/her personal card with a photograph prior to his/her entering the Studio.
3.4. Providing an E-mail address / Changes in Member Data
3.4.1. Upon entering into a contract, a Trial Member is to provide THE GYMS with a current e-mail address, which may be used for communicating with the member. A Trial Member explicitly declares that (s)he agrees that communications of THE GYMS that are important from the legal aspect (e.g. contractual documents, reminders, notifications of amendments to the General Terms and Conditions) may be delivered either in writing by post to the postal address last provided by him/her, or electronically via e-mail to the e-mail address last provided by him/her.
3.4.2. A Trial Member must immediately notify THE GYMS of any change in his/her relevant contractual data (in particular name, address, e-mail address, bank details, etc.).
3.5. Ban on Consummation / Banned Things
A Trial Member may not smoke, consume alcoholic drinks or drugs in the Studios. Furthermore, a Trial Member may not bring medicaments into the Studio which are provided upon a doctor’s prescription but which are not used by the Trial Member for personal and doctor-ordered use, drugs and/or other substances increasing the Trial Member’s physical performance (e.g. anabolics) and alcoholic drinks. A Trial Member also may not offer the aforementioned substances for charge or free of charge in the studios, provide, transfer or otherwise make them accessible.
The Trial Member Contract entitles the Trial Member to use the studio on the date that is stated on the title page of the Contract (hereinafter the Term of Contract). The Trial Member contract terminates automatically by the lapse of the term of the Contract, without any need of a letter of notice or another declaration of the Trial Member or of THE GYMS.
5. LIABILITY OF THE GYMS
The Fitness studio is not to be held liable to its members for any proprietary or non-proprietary damage, or the liability is limited to such maximum scope as permitted by the Czech body of laws. The fitness studio, in particular, is not to be held liable for any damage that any members may suffer as a result of their failure to fulfill their obligations stated by generally binding legislation, the member contract, these General Terms and Conditions, the operational rules of the Fitness studio or instructions given by its staff. Each member is fully responsible for his/her state of health; any liability of the Fitness studio related to the state of health of any member is hereby excluded. Furthermore, the Fitness studio is particularly not liable for damage caused to valuable things saved at another than the designated place.
6. CONSUMER ARBITRATION
A member has a right to an out-of-court settlement of any consumer dispute. The out-of-court settlement of consumer dispute is to be performed by the Czech Trade Inspection Authority (www.coi.cz).
7. FINAL PROVISIONS
If any provision(s) of this contract is or becomes ineffective, the effectiveness of the contract and of its remaining provisions remains unaffected thereby.