GENERAL TERMS AND CONDITIONS SMASH FITNESS STUDIOS

Transcription

1 GENERAL TERMS AND CONDITIONS SMASH FITNESS STUDIOS Located in Via Punica 15, IBIZA Baleares Website: smashfitnessstudios.com Article 1. Definitions In these General Terms and Conditions will be understood under: 1. App/ Website : the mobile application and Website of Smash Fitness Studios: 2. Account : the personal overview page of a Member on the Website and/or App, which page is accessible after registration and after the Member has logged in on the Smash Fitness Studios Website or App. 3. Activity : the lesson, location, individual or group training as well as each other activity or facility where to the Membership offers access. 4. Proof of payment : proof that a payment has been made, for example a bank or credit card statement. 5. Member : the actual person who has registered an account with Smash Fitness Studios. 6. Membership : a membership with the name Smash Fitness Studios that against periodic payment right is given to the use of the Activities. 7. Smash Fitness Studios : the private limited liability company under the Laws of SPAIN, Smash Fitness Studios. Having its seat of business at Púnica 15, IBIZA

2 8. Reservation : the making of a reservation via the Website and/or App. Article 2. Applicability 1. These general terms and conditions apply to the Smash Fitness Studios Membership, as well as any participation in activities and any use of the Account, Website or the App by the Member. 2. If one or more stipulations from these General Terms and Conditions prove to be invalid or not binding, then the other stipulations shall remain fully in force. The invalid or non-binding stipulations shall in that case be replaced by Smash Fitness Studios by new stipulations which as much as possible shall approach the objective and the tenor of the stipulations to be replaced. Article 3. Reservation of Activities 3. In order to make a reservation, you must first buy a single class or a series of classes or a Star or Premium membership. You can either sign up here: by using your and creating a password, or if you are already registered, click login to buy a series and make your reservation. 4. For some Activities it is necessary to make a reservation in advance to get access to the Activity. 5. There are also Activities for which a reservation cannot be made online. In that case, the Member must report on location. 6. A Member can make a maximum of 5 reservations outstanding in his/her Account. A following reservation can only be made, when the Member has made use of a reserved Activity or when the Member cancels one of the reservations. 7. Every Monday the new schedule will be released for the upcoming week. 8. Classes do expire. The expiration dates are posted in the description of the class or series of classes on the Website and the App and listed on your receipt. If however, you get jammed up

3 and cannot book a class in time, just give us a call, stop by the studio, or us and we can help you. Article 4. Smash Fitness Studios Unlimited Star and Premium Members 1. The Membership means that the Member, on payment of a fixed amount of classes, has access to Smash Fitness Studios as stated on the Website or App. 2. Per person one Membership can be applied for. It is therefore not possible to own several Memberships. 3. Membership can be (re-)activated on each day of the month. The (re-)activation of the Membership takes place by the ordering via the App or Website or at the reception at Smash Fitness Studios The payment of the classes of Membership can take place by means of creditcard, pincard or cash payments at the studios. 4. After reactivation via the App, Members can make immediate use of the Activities of Smash Fitness Studios. For the Members the first period of 30 days starts immediately after the (re)activation of the Membership. Article 5 Cancellation of a reservation 1. The period in which reservations for an Activity can be cancelled is 24 (twenty-four) hours before the start of this Activity. This term applies to every class. 2. A Member must cancel a reservation not later than 24 hours before the set term, if the Member is not able to make use of the Activity or wishes to make no use thereof. 3. If the Member omits to timely cancel the reservation or does not show up, then the Member receives the first time a warning per of Smash Fitness Studios.

4 4. From the moment the Member has a no show freeze on the account, the Member cannot make any further reservation until 2 days until the account will be active again. 5. The member will not be refunded for the activity after the second no show of the class. Article 6. Access to Activities 1. The Membership is personal and non-transferable. Therefore, the member must show proof of identity at the Smash Fitness Studios. Hence, the member must commit to uploading a recognizable passport photo of sufficient quality in his or her Account. This is so Smash Fitness Studio can verify that the Membership is only used by the authorized person. A recognizable passport photo of sufficient quality is considered an authentic and personal passport photo of the member. 2. Access to a specific activity is obtained by the Member through the action of registering through the App. This will result in access for the Member to participate in the Activity registered. This process is referred to hereafter as "check-in". 3. The Member will gain access to the Activity the moment after the Member has checked in via the App. 4. For some Activities, it is necessary to make an advance reservation to acquire access. Check-in for these Activities can therefore only if the Member has reserved in advance. Check-in can take place from 30 minutes before the start. 5. From 5 minutes after the start of the Activity, the Member cannot check-in anymore. Unless it is the first time that the Member did not check-in timely. In that case the Member receives a warning per .

5 6. All Activities can be visited without additional payment. 7. The Member must not be later than 15 minutes before the start of the Activity and be present and ready in the correct clothing at the location of Smash Fitness Studios where the Activity takes place. 8. Smash Fitness Studios has the right to refuse Members that are not present on time, access to the Activity. Article 7. House rules 1. Members declare to agree by the use of a Smash Fitness Studios Membership with the house rules. The house rules are available for viewing in general on the location or can be found on the website. 2. The Member shall in each case comply with the below (house) rules of Smash Fitness Studios, also if these are not explicitly mentioned in the house rules of Smash Fitness Studios Prior to the Activity, the Member must wear appropriate clothing and socks. It is obligatory to ware spinning shoes that are SPD or SPD-SL, Smash Fitness Studios offers these without any additional costs and they will be handed for each member at the checkin for the spinning classes. Spinning shoes must be returned after each class. 2. Using a towel at any Activity is required at Smash Fitness Studios, towels are being offered without any additional cost and must be returned to Smash Fitness Studios after use. 3. It is not allowed to smoke anywhere at Smash Fitness Studios. 4. Its not allowed to bring your own food or beverages accept for water.

6 5. Smash Fitness studios can close its doors at any known holiday or when there is construction/maintenance work that needs to be done. 6. Pets aren t allowed at Smash Fitness Studios. 7. The member must follow up the instructions of the employee(s) and the management of Smash Fitness Studios. 8. The member must provide any medical indication in all cases prior to the Activity to make known to the employee(s) or the management of Smash Fitness Studio s. Use of the Site by Minors 9. Children under the age of 16 who want to be member of the Kids Yoga / Pilates and other activity classes are solely allowed in Smash Fitness Studios, under guidance of their parents accepting our terms and conditions and registering at our studios. 10. Smash Fitness Studios does not accept the online registration of minors, please do not attempt to register on the Website or App if you are under the age of If the Member is not familiar with (certain) equipment, aids, exercises or activities, the Member must make this known to the employee (s) of Smash Fitness Studios. The Member must do to this prior to the activity, so the employee(s) of the Sports provider can provide an explanation. 12. The Member shall make no use of the Activities of Smash Fitness Studio s if the Member is under the influence of alcohol, drugs or medication. 3. The employee(s) and the management of Smash Fitness Studios have the right to reject any Member who does not comply with the applicable house rules and the present terms and conditions; to leave the relevant location or Activity and, if desired, exclude future visits.

7 4. The Member has, in this case, no right to a refund of payments already made for the Membership. Smash Fitness Studios has the right to exclude the Member from committing further offenses by blocking the relevant App and the Account of the Member. 5. In the event of the Member being excluded or blocked from the App or/and Account the Member is not entitled to full or partial refund payments that have already been submitted for the Membership. Article 8. Theft, loss, abuse or fraud 1. If the Member suspects that the App and/or the Account in their name is being used without their consent, the Member must notify Smash Fitness Studios immediately via the Website, info@smashfitnessstudios.com or by phone:. In this case, Smash Fitness Studios will block the use of the App and/or Account. 2. If Smash Fitness Studios suspects that the App and/or Account in question is showing fraudulent behavior or has attempted to commit fraud, the relevant App and/or the Account will be blocked. 3. Smash Fitness Studios can recover the costs that emerge by fraudulent or improper use from the Member. 4. Smash Fitness Studios accepts no liability for damage suffered by the Member, which damage is the result of: loss of items, theft, misappropriation or improper use of the App and/or the Account. 5. The App and/or Account used by the Member is strictly personal and only accessible for use through one smartphone. The passport photo uploaded in the Account of the Member must be of sufficient quality so that the Sports provider can verify whether the Membership is used by the person who is entitled to use it.

8 Article 9. Duration and cancellation 1. The Membership is a subscription that is concluded for unlimited duration and that can be cancelled each time against the end of the current period of 30 days in compliance with a notice period of 10 days or by Cancellation takes place via the Website or by . If a Member omits to cancel the Membership timely and in compliance with the applicable notice period, then after expiry of 30 days again a new period of 30 days starts within which the Member can make use of the Membership. 3. The Member can view in the Account on each desired moment how long the present period of 30 days still lasts. 4. Irrespective of the moment of cancellation, in no case refunding takes place of already paid fees for the current period. 5. The Membership cannot be paused within the current period of 30 days. This means if a membership is paused within a current period, it will continue to run until the end of the current period. 6. The Membership and monthly payment can only be paused incase of a longterm injury, pregnancy or death. Smash Fitness Studios has the right to ask for medical/ doctors prove in any of these matters. Article 10 Prices and payment 1. For the Membership, the Member is liable to pay each time per 30 days a fixed compensation to Smash Fitness Studios. 2. Smash Fitness Studios reserves the right to introduce price changes on a term of 60 days, always respecting the current membership that has been paid for.

9 3. Smash Fitness Studios shall notify the Member in writing of a planned price change. If a Member does not wish to agree with a planned price change, then the Member must cancel the Account before the date in which the price change enters into force and in compliance with applicable agreements concerning cancellations that have been included in these General Terms and Conditions. 4. Payment of the Membership is possible with a credit card, PIN card machine or cash at the studios or through the Website or App. From the first payment installment, the Member gives Smash Fitness Studios permission to take direct debits for the following periods, until further cancellation. The collection of owed installments takes place every 30 days and at the beginning of the period to which the payment relates. 5. If the installment could not be debited, for instance because there is an insufficient balance on the stated bank account on the moment of debiting or because the Member has stated incorrect payment data, as well as in the case that a Member recounts the payment for a period, the further use of the Membership will be blocked. The Member can after all pay via the Account the due costs for the Membership and possibly choose an alternative payment manner. The Member remains however liable to pay all appeared term payments until the moment that the Membership is cancelled in accordance with the terms and conditions. 6. The Member receives each time per period a digital invoice in the Account. Article 11. Promotions and discount for friends 1. Smash Fitness Studios frequently offers promotions for new members whereby a discount applies for the first month(s) of the membership. 2. These promotions are not available for existing Members and for refunding or compensation. Article 12. Removal Account When a Member activates the Membership, then an Account for the Member is created. When the Membership ends, then the Account of the Member remains stored. If the Member wishes that his/her

10 Account will be removed from the systems of Smash Fitness Studios, then the Member must hereto submit a request in writing per with Smash Fitness Studios. Article 13. Regulation of complaints 1. The Member enters into an agreement directly with Smash Fitness Studios regarding the use of the Membership. 2. In case of complaint with regard to: Service, products, use of the App or website, the account should be reported within 14 days after complain or damage by writing to Smash Fitness Studios, Via Punica 15, Ibiza or by to info@smashfitnessstudios.com If the period of 14 days has elapsed, the right to complain expires. The Member is requested to clearly describe the complaint and send any evidence. Smash Fitness Studios will investigate the complaint as quickly as possible and provide a solution. 3. Any damages caused by the member or others should be reported immediately at Smash Fitness Studios. 4. In urgent cases or if direct consultation is desired, contact customer service during opening hours: (Monday to Friday) 8am to pm or on the weekend from 9am to 3pm. Article 14. Privacy 1. Smash Fitness Studios observes the requirements and guidelines for careful acting such as described in the Spanish Law Protection Personal data. Members declare to agree with the storage of use data and personal information by Smash Fitness Studios. 2. Smash Fitness Studios is authorized to use the personal data stored by it for the execution of the Membership and for marketing-purposes.

11 3. Smash Fitness Studios uses the personal data of the Member solely for the own conduct of enterprise and does not make this data available to other parties. 4. The Member agrees to receive via and social media or in another manner (for instance a message via the App) relevant news and offers of Smash Fitness Studios. The Member can deregister via the Account for each of these information facilities. 5. Smash Fitness Studios makes use of cookies, for a complete use of Website of Smash Fitness Studios, permission of the Member for this is necessary. Article 15. Liability 6. Use of the Activities offered by affiliated is explicitly for the own risk of the member. 7. Smash Fitness Studios accepts no liability for damage, both directly and indirectly, that the Member suffers, before, during or after or as a consequence of a visit to the location and/or participation to an Activity at Smash Fitness Studios, including injury damage or damage as a consequence of loss of income. of the Member Article 16. Changes and location 1. Smash Fitness Studios has the right to change these General Terms and Conditions on each desired moment. 2. Unless stated otherwise, the changed terms and conditions enter into force 30 days after notification to the Member. The changed terms and conditions come in the place of the previous version of the General Terms and Conditions. If the Member does not wish to accept the new terms and conditions, then the Member is authorized to cancel the agreement with Smash Fitness Studios against the date on which the changed terms and conditions enter into force. Cancellation on the basis of these stipulations takes place in writing per to: info@smash Fitness

12 Studios.nl. 3. The latest new version of the General Terms and Conditions are available on the Website of Smash Fitness Studios. In addition, these terms and conditions have been filed with the Chamber of Commerce. Upon request, Smash Fitness Studios will send the Member free of charge a copy of its General Terms and Conditions. Article 17. Applicable right and choice of court 1. The Laws of the Spain are applicable to all relations between the Member and Smash Fitness Studios. 2. All disputes that cannot be resolved according to the complaints procedure of article 16, and which emerge further to an agreement to which these General Terms and Conditions are applicable in whole or in part, or further to other agreements which derive from such an agreement, shall be resolved by the competent court in the court district in the seat of business of Smash Fitness Studios, unless a mandatory stipulation of the law objects hereto. This leaves unaffected, that Smash Fitness Studios can agree with the Member or the Sports provider to let the dispute be resolved by means of independent arbitration. 3. Contact us If you have any questions about these Terms you can reach us at info@smashfitnessstudios.com