General Terms and Conditions (GTC) of THE GYMS s.r.o. for Studios Operated under the "John Reed" Brand
Valid as of: 15/10/2020
1. ENTERING INTO A CONTRACT
1.1. Term of GTC
These General Terms and Conditions (GTC) apply to any and all contracts containing an obligation to pay a contribution made between The Gyms s.r.o. (THE GYMS) and members of studios operated under the "John Reed" brand, unless otherwise agreed in the respective case. Members are persons who are under a member contract made with THE GYMS entitled to use one or more fitness studios (hereinafter the Studios or individually Studio) in accordance with the provisions on the title page of the "Membership Contract" (hereinafter the title page of contract).
1.2. Entering into a Contract
When entering into a Contract, a member may choose from the first contractual periods offered or any of the methods of payment. A 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
The language of contract is Czech. THE GYMS saves the contract confirmation including its content and sends it via e-mail to the member, including the respective GTC.
1.4. Special Provision for Minor Persons
Persons who have not reached their 15th birthday may not become members. Minors who have not reached their 18th birthday may only enter into a membership contract with their statutory representative's consent and in his/her presence.
2. USE OF STUDIO / ADDITIONAL PERFORMANCE
2.1. Scope of Using the Studio
By entering into a contract, a Member is granted, in accordance with the agreement on the title page of the contract, access to one or more Studios and is entitled to use them during the respective opening hours. THE GYMS may close individual Studios operated under the "John Reed" brand monthly for up to eight hours during the respective opening hours for special events or for maintenance reasons, and may refuse entry to any Member for the time of such closure; THE GYMS is to publish the date and time of such closure on the "John Reed" Studio website no less than 7 days prior to such closure.
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 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 members. The operating rules include especially provisions on the permissible use of the device/Studio and the protection of other members' rights. This also applies to contractual partners of THE GYMS, whose Studios may be used by a member in accordance with the member contract.
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.
2.6. Additional Performance
2.6.1. The agreed monthly membership contribution includes, in addition to using the Studio, a remuneration for using other offered products and performances only if this has been expressly agreed on the title page of contract.
2.6.2. If the title page of contract states the additional performance of "Bring a friend", a member may bring to the Studio operated under the "John Reed" brand another person (the "Friend"). A member may mediate entry to the "John Reed" studio for only one Friend a day. The Friend must be of full legal age and prior to entering the Studio must register by entering into a contract for a friend; the registration of a friend in the Studio is only possible from 08:00 to 22:00 o'clock. THE GYMS may only refuse a person as a friend for serious reasons, in particular if (s)he repeatedly or seriously breaches his/her obligations under an existing or previous contract with THE GYMS or the operating rules.
3. MEMBER'S OBLIGATIONS
3.1. Handling of the MemberCard
A Member is obliged to keep the MemberCard in a safe place. A friend must immediately inform the Studio in person or via telephone (00420 228 887 284) of any loss of the MemberCard. After the loss notification the MemberCard functions will be blocked and since that moment the Friend cannot be held liable for its misuse (e.g. by a third party).
3.2. Fee for Issuing and Activating a MemberCard / a Replacement MemberCard
Unless otherwise agreed on the title page of contract, the issue of a MemberCard upon entering into the Contract is subject to an activation fee of CZK 500, VAT incl. Issuing a replacement MemberCard is also subject to an activation fee of CZK 500, VAT incl; the old MemberCard becomes invalid upon activation of a replacement MemberCard.
3.3. Providing an E-mail address / Changes in Member Data
3.3.1. Upon entering into a contract, a Member is to provide THE GYMS with a current e-mail address, which may be used for communicating with the member. A 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 email address last provided by him/her.
3.3.2. A 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.).
3.4. Non-transferability of Membership / Ban on Lending the MemberCard / Identity Check
The membership in THE GYMS is personal and may not be transferred. A 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 member, a member is to provide THE GYMS with his/her photograph, which is saved by THE GYMS. If a Member does not provide his/her photograph, THE GYMS reserves the right to check the Member's identity by checking his/her personal card with a photograph prior to his/her entering the Studio.
3.5. Ban on Consummation / Banned Things
A Member may not smoke, consume alcoholic drinks or drugs in the Studios. Furthermore, a Member may not bring medicaments into the Studio which are provided upon a doctor’s prescription but which are not used by the Member for personal and doctor-ordered use, drugs and/or other substances increasing the Member’s physical performance (e.g. anabolics) and alcoholic drinks. A Member also may not offer the aforementioned substances for charge or free of charge in the studios, provide, transfer or otherwise make them accessible.
4. PAYMENT OF AND OBLIGATION TO PAY THE MEMBERSHIP CONTRIBUTIONS / AMENDMENT OF PRICE / DEFAULT OF PAYMENT
4.1. Method of Payment
When entering into a contract, a Member may choose one of the following methods of payment for the payment of membership contributions and charges for issuing the MemberCard:
- order encashment
- regular debiting of account upon order from the card
- direct payment at POS terminal.
The method of payment selected and agreed by the Member upon entering into contract is stated on the title page of contract. If the "Order Encashment" is agreed as the method of payment, the Member is to provide THE GYMS no later than within 14 days of entering into the contract with the valid authorization to encash the monthly membership contributions and activation charges for the MemberCard. The Member is to secure that there is always the necessary amount to cover the encashment of the payable membership contributions and activation charges on his/her bank account. If "Transfer" is agreed as the method of payment, the Member is to transfer the membership contributions and activation charges payable upon entering into a contract to the designated account of THE GYMS no later than within 7 days after entering into the contract.
4.2. Due Period of Monthly Payments
4.2.1. If the "Order Encashment" or the "Regular debiting of account upon order from the card" is agreed as the method of payment, the monthly membership contributions are due always in advance on the first day of the month for the respective calendar months, unless otherwise stipulated in the Contract. The membership contribution for an aliquot part of the first calendar month following the entering into the Contract is due at the same time as any agreed activation fee for a MemberCard on the day of entering into the Contract. The contribution for the aliquot part of the last month of duration of the Contract may be due in advance with the membership contribution for the preceding month.
4.2.2. If the "Transfer" or the "Direct payment at POS terminal" is agreed as the method of payment, the monthly membership contributions are due always for the first contractual period stated on the title page of the Contract and in any case not for longer than three months, in advance on the first day of the first calendar month for such month and two following calendar month (part of the decisive period), unless otherwise stipulated in the Contract. The membership contributions for the pro rata part of the first calendar month and two subsequent calendar months following the entering into the contract are payable with any agreed activation fee for the MemberCard on the day of entering into the Contract. The amount for a pro rata part of the last month of duration of the Contract may be due in advance with the membership contributions for the preceding part of the decisive period.
4.3. Right to Adjust the Price
4.3.1. THE GYMS may increase the monthly membership contribution, if the statutory VAT is increased, and the increase of the membership contribution is limited to the increased rate of the VAT. THE GYMS may use its right to increase the price by means of declaration in the written form. The price increase is effective from the first day of the month following the delivery of such declaration.
4.3.2. If the statutory VAT is reduced, the monthly membership contribution is reduced by analogy. The reduction is implemented upon the reduction of the VAT.
4.4. Default of Payment
4.4.1. If a Member is in default of payment, THE GYMS reserves the right to invoice the Member with the default fees if the default has been caused by the Member. In addition to the default interest in the statutory amount the fees include the costs of legal enforcement corresponding to the purpose, in particular the expenses related to the reminder and encashment, court fees and legal fees.
4.4.2. If a Member is in default of payment of an amount that equals two monthly contributions, THE GYMS may terminate the Contract immediately for a serious reason. In such case, THE GYMS may claim, in addition to the default fees under subsection above, further damages pursuant to relevant legal regulations.
5. TERM / NOTICE / SUSPENSION
5.1. First Contractual Period / Regular Notice
The Contract is first entered into for a fixed first contractual period stated on the title page of the Contract (hereinafter the First Contractual Period). If a Member or THE GYMS do not terminate the Contract before the lapse of the respective period, the Contract is prolonged always by the period of the First Contractual Period, but by no longer than additional twelve months. The regular notice must be announced
- in case of a contract with the First Contractual Period of up to three months at least two weeks
- in case of a contract with the First Contractual Period of over four months at least four weeks before the respective termination of the Contract;
- in case of Member subsection 5.4. below is applied.
5.2. Suspension of Contract
5.2.1. A Member can suspend the contract only if it is stated on the title list of the contract. The number of months for which the contract may be suspended is stated on the title page of the contract. For contracts with the contractual period over one one month the suspension must start on the first day of the month and may only be performed for whole months.
5.2.2. A planned suspension of the contract must be announced by the Member to THE GYMS no less than seven calendar days prior to the beginning of suspension under subsection 5.4. below. The Member is relieved from paying the membership contributions due during the period of suspension and may not use the services of THE GYMS. In case of suspension the time of the subsequent possible termination of the contract by regular notice is prolonged by the time of suspension of the contract. If the title page of the contract stipulates free periods and periods for which the contribution is to be paid, the membership contract continues after the suspension in the free period first by the residual part of the free period and subsequently by the paid period.
5.2.3. No right to suspension exists if the contract has been terminated or if THE GYMS is entitled to terminate the contract immediately.
5.3. Right to immediate notice
The right of both Parties to immediate notice for a serious reason is not affected by the aforementioned provisions.
5.4. Termination by the Member or Notice of the Member to Suspend the Contract
The Member must send a notice of termination or planned suspension by post, quoting his/her membership number, to The Gyms s.r.o., Ve svahu 482/5, Podolí, 147 00 Prague 4, or via E-mail to the official E-mail address (firstname.lastname@example.org).
6. 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.
7. 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).
8. FINAL PROVISIONS
8.1. Amendments to these GTCs
With the exception of obligations resulting from the main performance, THE GYMS is entitled to amend these General Terms and Conditions with effect in the future. The obligations resulting from the main performance are such obligations which directly enable the proper performance of the contract and the fulfillment of which may reasonably be expected by the Parties. THE GYMS is to inform the member of the amendments and to provide the member with an opportunity to lodge a complaint against the amendments within a reasonable time limit of no less than 30 days after he/she has been informed of the same, and in particular is to notify the member of the fact that the amendments become effective if no complaint is lodged.
8.2. Ineffectiveness of Individual 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.