Legal information
CONTRACT No.
" " 20
Saint Petersburg
Club, of the one part, and Club Member, of the other part, hereinafter collectively referred to as the "Parties", have concluded this Contract on the following:
Basic provisions
1.1 CLUB:
Fitness on Kazanskaya LLC, registered address: 191186, Saint Petersburg, ul. Kazanskaya, house 3, letter A, premises 6-П, office 26, actual address: 191186, Saint Petersburg, ul. Kazanskaya, house 3, letter A
INN 7840073409 KPP 784001001 ОGRN 1177847393470
Settlement account 40702 810 1 9035 0001517 with BANK "SAINT PETERSBURG" PJSC, Saint Petersburg
Correspondent account 30101 810 9 0000 0000790 BIK 044 030 790
represented by , acting under Power of Attorney No. dated
1.2 CLUB MEMBER:
Surname Date of birth / / .
Name Patronymic
Passport details: series No.
issued: date: / / .
Address (for notifications)
Registration address
Contact telephone e-mail:
1.3 CLUB MEMBERSHIP CARD:
Card type: BASIC PLATINUM PLATINUM PLUS
Attendance hours: from
from
Number of attendances:
to
to
working days, non-working days, including:
weekends and official holidays
unlimited
1.4 VALIDITY:
Validity of the Club Membership Card: months Suspension of contract / "Freeze period" Additional conditions
Activation date:
for day(s)
1.5 TYPE OF CONTRACT
individual other
1.6 PAYMENT TERMS
Amount of the contract rub.
Type of payment cash bank transfer
Installment Stage 1 date: / / . amount rub. stage 2 date: / / . amount rub.
Club: / / Club Member: / /
Subject of the Contract
The Club hereby undertakes, based on the terms of this Contract, to provide, by forces of dedicated organizations (persons), the services (hereinafter "Services") to the Club Member in the fitness clubs of FitFashion chain, and the Club Member hereby undertakes to pay for the Services, and to comply with the Terms and Conditions of the Contract.
Scope and types of the Services to be rendered to the Club Member are listed in Annex No.2 to the Contract, according to which the type of Club Member Card shall be defined. The Services listed in Annex No.2 to the Contract are personal, and cannot be transferred (replaced with similar services) to other Members of the Club.
Club Membership Card serves as confirmation of membership in the Club. Club Membership Card is given to a Club Member after payment is made in accordance with the terms and conditions of this Contract, and remains in effect during the term of the Contract.
The contract may apply to a group of persons (Duet Contract, Corporate Contract).
A Corporate Contract is issued upon request of a legal entity with application of the list of persons - Club Members. Thus, the Contract shall be executed on behalf of any person from the list provided by such legal entity, and certified by signature of the head and seal of the organization. The list can be extended unlimited number of times during the validity term of the Contract.
A Duet Contract is issued on behalf of each Client separately.
Club Member is entitled, for an additional fee in accordance with the applicable Price list of the Club, to use, within the Club's premises, the additional services such as "personal training", solarium, children's room and other, in accordance with the list of additional services.
Rights and Obligations of the PartiesThe club undertakes to:
Ensure proper quality of the Services rendered under this Contract.
Ensure proper functioning of sports equipment and other facilities, and also the auxiliary personnel premises intended for use by the Club Member during club attendance.
3.1.3. Notify the Club Member, by placing the relevant written information at the Reception Desk of the Club, on the Club's official website (www.fitfashion-spb.ru) about impossibility to render all scope of the Services stipulated by this Contract, due to technical reasons.
3.1.4. Extend the period of the Services rendering under this Contract for the period during which the Club was not functioning for any reasons beyond the will of the Club Member.
The Club is entitled to:
The Club is entitled to, without the Club Member's consent, to engage third parties to rendering the Services stipulated by this Contract.
The Club has the right to make amendments in the group lessons schedule, notifying the Club Member thereof by placing the relevant notice on the information stands.
The Club has the right to amend the Rules of the Club, by duly notifying the Club Member thereof. The Parties acknowledge placing of the relevant notice of amendments on the information stands at the Club's Reception Desk and on the Club's official website (www.fitfashion-spb.ru). However, any changes to the Club Rules shall enter into force on the date specified in the notice of such changes, and the Parties recognize that, subject to such changes, signing of Annex No.1 in the new version as a single document will not be required, and the Parties shall proceed to act according to the new Club Rules.
The Club Member undertakes to:
provide a relevant identity document when signing the Contract.
Timely pay for the Club's Services in the manner and based on the terms and conditions of this Contract.
Within 10 (ten) days upon activation of the Club Membership Card, to attend medical office of the Club in order to be advised of the admissible loads relating to rendering of the Club's Services. The Club Member shall be obliged to notify the Club about any health conditions existing at the time of conclusion of this Contract, or of the health conditions appearing in the period of validity of the Contract, including latent health conditions and medical contraindications which could make the Services rendered unsafe for health of the Club Member.
Within 10 (ten) days upon activation of the Club Membership Card, to pass a briefing with the Club's on-duty instructor, to familiarize with the rules of use of sports equipment and other facilities in the Club.
To Comply with the Club Rules (Annex No. 1).
Not pass the Club Card to third parties.
The Club Member has the right to:
use the services offered by the Club, in the scope determined according to Annex No. 2 to the Contract, in accordance with the chosen type of the club card.
For additional fee, use other facilities offered by the Club (p.2.5. of the Contract).
Cost of the Services and Settlement Procedure
Cost of the Services offered by the Club under this Contract (Price of the Contract) has been specified in p.1.6 Contract, and is not subject to VAT.
Payment for the Services offered by the Club under this Contract shall be done by the Club Member in the order agreed by the parties in p.1.6. of the Contract.
Payment for additional services offered by the Club shall be done by the Club Member by bank transfer to the Club's account and/or in cash payable to the Club's cashier, immediately prior to the date of rendering of the services thus paid.
Club Member may transfer payment to the Club's account or make cash payment to the Club's cashier as advance payment for future additional services ("Deposit"), and the Club shall, based on the fact of rendered services, redeem such advance payment. The "Deposit" of the Club Member shall not exceed 100,000 (one hundred thousand) rubles.
In case of impossibility of rendering the Club Services due to the Club Member's fault (including the Club Member's inability to attend fitness club upon activation of the Club Membership Card, due to the circumstances beyond the Club's responsibility), the Services shall be paid for in full.
In case of early termination of the Contract (unilateral refusal), the Club Member must pay the expenses actually incurred by the Club, in the amounts equal to:
value of the period of use of the Club Membership Card, calculated according to the formula: the period of use of the Club Membership Card shall be multiplied by the ratio between the Price of the Contract, in accordance with the price list applicable by the time of conclusion of the Contract (non-promotional Price of the Club Membership Card), and the full Contract Validity Period (in calendar days) - cost of additional services rendered by the time of refusal from such service;
the cost of making the Club Membership Card in accordance with the applicable Price list of the Club;
other expenses as may be actually incurred by the Club, the cost of which, based on agreement of the parties, makes 15% of the Price of the Contract.
Provided that the Price of the Contract in accordance with the Price list (non-promotional Price of the Club Membership Card) shall be rubles. If, due to early termination of the Contract signed during the period when the Club was carrying out a promotion campaign aimed at sale of the Club Membership Cards for a special price (Promotion), upon the initiative of the Club Member, the costs actually incurred by the Club and calculated in accordance with p.4.7 of the Contract, exceed the Price of this Contract, specified in p.1.6 of the Contract, the Club Member agrees to pay such difference on the date of termination of the Contract.
In case of premature refusal from the package of paid additional services upon the initiative of the Club Member, the Club Member shall be obliged to pay the expenses actually incurred by the Club, in the amounts equal to:
the cost of the additional services which have been used at the time of refusal from such service;
other expenses as may be actually incurred by the Club, the cost of which, based on agreement of the parties, makes 15% of the Price of the Package of additional services.
Liability of the Parties
The Parties shall bear liability for nonperformance or improper performance of their respective obligations under the Contract in accordance with the applicable law and the terms and conditions of this Contract.
In case of untimely payment of the Price of the Contract or payment of the separate stage, the Club Member shall pay a penalty of 0.3% of the unpaid amount, charged for each day of delay. Thus the Price of the Contract shall be subject to amendment in accordance with the Price list of the Club applicable at the time of arrears repayment.
The parties have agreed that, in case of delay of payment by the Club Member of the Price of the Contract for a period exceeding 30 calendar days, the Club shall be entitled to consider that fact as unilateral refusal of the Club Member from the Contract, so this Contract shall be deemed terminated on the 31st calendar day on the basis of unilateral refusal of the Club Member from execution of the Contract (subject to the provisions of p.4.6. of the Contract).
In case of a unilateral refusal from the Contract, the Club Member shall not be entitled to demand further signing of the Contract based on the previously agreed terms and conditions. The Club Member shall be liable for the damage caused to property of the Club and to other Members of the Club.
In case of any damage caused to the property of the Club by the Club Member, an act of damages shall be made, which shall be signed by the Club Member and the authorized representative of the Club. If the Club Member refuses from signing the Act, the Club shall sign it unilaterally with a note about refusal of the Club Member from signing such Act.
The Club Member shall, within five calendar days or another period agreed with the Club in writing, based on the Act, be obliged to compensate the damage caused, in full. The cost of the damaged and/or lost property shall, based on the Club's decision, be determined on the basis of the accounting records of the Club, or shall be established by the Club in accordance with the market prices applicable to this type of property.
Upon expiration of the specified time, the Club shall have the right to withhold sums from the Contract price without further authorisation, thus the validity term of the Contract (of the Club Membership Card) shall be reconsidered (towards reduction of the validity term) proportionally to the amount withheld to redeem the damage.
For each day of delay in payment of the amount of damage an interest shall be accrued in the amount of 1 (one) % of the amount of damage.
In case of loss (or damage) of the locker key, key from safe box, cloak-room ticket, towel or any other equipment provided by the Club at the time of the fitness club attendance thereby, the Club Member shall be obliged to pay the fine in accordance with the applicable Price list of the Club. IN case of loss of the Club Membership Card, the Club Member will be charged according to the applicable Price list of the Club, followed by provision of a duplicate of the lost Club Card.
For violation of the Club Rules, the Club Member shall pay to the Club a penalty in accordance with the applicable Price list of the Club, on the basis of the Act of violation admitted, issued by two employees of the Club. The Club Member shall familiarize himself / herself with the Act of violation admitted, with putting his/her signature thereon, and in case of refusal to affix signature, a respective note thereof shall be made in the Act. The Club Member shall have the right to make an appeal against the Act of violation admitted, submitting it to Manager of the Club or filing a claim to court.
Systematic violation (which occurs twice or more times) by the Club Member of the terms of this Contract and the Club Rules constitutes a material breach of the Contract, and in this connection the Club shall have the right to terminate the Contract in unilateral extra-judicial order, and to refuse further renewal of the Club Membership Card, if applied for. Thus no refund for the unused period of validity of Club Membership Card hereunder will be made, the specified amount shall be recovered as a penalty for significant violation of the terms of the Contract.
The club shall not be responsible for the damage caused to health and property of the Club Member, if there is no fault of the Club, also if such damage has been caused as a result of illegal actions of third parties, if the damage caused to health was due to gross violation of the rules of use of equipment or other sports facilities offered by the Club or as a result of violation of safety regulations.
The parties shall be relieved of responsibility for partial or complete failure to fulfill their obligations under the present Contract if such failure was a consequence of force majeure.
Health Condition and Injuries
By signing this Contract, the Club Member represents that his/her diseases and health condition do not prevent him/her from attending the fitness club and using the Services.
The Club Member shall, on his/her own and at own risk, determine the level of physical activity according to his/her physical abilities. In any slightest ailment or injury occurs, the Club Member shall notify the medical staff of the Club and, if there is any, his/her
personal coach.
To avoid injury, the Club Member shall be obliged to comply with the Club Rules, the safety regulations, and the recommendations given thereto by the instructors (officers) of the Club.
In case the Club Member violates pp. 6.1-6.3. of this Contract, and the Rules of the Club, or provides false information concerning his/her health condition, the Club shall not be responsible for the harm caused to health of the Club Member or for a physical injury related to rendering of the Services.
The Club shall not be responsible for possible deterioration of the health condition of the Club Member, if it occurred as a result of acute illness or accident, exacerbation of chronic illness or for other reasons beyond the scope of the Club's responsibility.
Validity Term of the Contract and Period of the Services Rendering
The Contract shall be considered concluded from the moment of its signing and shall be valid until the end of the period of the Services rendering, which shall be determined in accordance with the validity term of the Club Membership Card according to p.1.4. of the Contract.
The period of commencement of the Services rendering shall be calculated upon activation of the Club Membership Card. The moment of activation of the Club Membership Card shall be the date of the first attendance of the Club by the Club Member, but not later than within 30 (thirty) days from the date of conclusion of the Contract. Exception will be the cases when the Contract is signed according to special offers of the Club, which specify a certain date of activation of the Club Membership Card, as well as the contracts based on which activation of club membership cards will be done after opening of the club (to be defined based on the information messages available on the website).
The total period of services rendering (validity of the Contract), upon request of the Club Member, may be suspended ("frozen") in aggregate, but the period thereof shall not exceed the period specified in paragraph 1.4. of the Contract. Information about the "freezing" periods shall be provided by the Club Member in advance (before the time of suspension), the Freezing Rules shall not extend to the corporate type of the Contract, and also to the service "rent a locker" in the locker room of the Club.
In case of pregnancy the Contract may be suspended upon the request of the client, subject to submission of the appropriate medical documents, for a period of up to 120 days: 3 months before childbirth and 1 month after childbirth.
Advanced termination of the Contract may be done upon agreement of the parties and due to other grounds stipulated by current legislation and by this Contract.
The period of use of the additional services included in the Price of the Contract shall be limited by the validity term of the Contract.
Additional Provisions
In all other cases not covered by this Contract the Parties shall be guided by the legislation of the Russian Federation.
This Contract has been made in two counterparts having equal legal force, with one counterpart for each Party.
9.Special Conditions
This Contract is concluded during the period of promotion campaign of the Club, aimed at sale of the Club cards (subscription cards) for special price (Promotion):
Yes;
no.
By signing this Contract, the Member confirms that it enters into this Contract otherwise than under the influence of deception, and there is no misunderstanding concerning the information provided thereto upon purchase of the Club Membership Card (subscription card) based on special conditions applicable during the period of Promotion. Notifies and fully agrees with the order of calculation and payment of the actual expenses of the Club, as stipulated by this Contract.
I would like to receive the information about the services and offers of the Club in the form of SMS-messages sent to the above telephone number, or via e-mail:
Yes;
no.
10. Signatures of the parties:
RULES OF FITFASHION CLUB
Annex No. 1
Our fitness club is open daily except for 1 January, from 6:30 to 24:00 on weekdays and from 9:00 to 22:00 on non-working days, including the weekends and official holidays. Club Member is obliged to leave the territory of the fitness club not later than at the specified closing time specified. Admission to the fitness club ends thirty minutes before it is closed.
The club reserves the right to change the opening hours of the fitness club. Information about the said changes is indicated on the information stands.
Club Membership Card is the document allowing to enter the premises of the fitness club. A Club Member must produce the Club Membership Card to the Club's Reception Desk and to the Club's security guard. If you do not have your Club Membership Card with you, you must have a valid identity document with photo (passport, driver's license, military ID).
A Club Member is entitled to receive two towels, to be returned before leaving the fitness club.
During the period of stay in the fitness club, personal belongings of the Club Member shall be kept in the locker room cells. At the same time, the Club Member is entitled to use the individual safe boxes located in the entrance area. Reception Desk staff of the Club shall be entitled to refuse to provide the Club Member with a locker room key of particular number, in order to provide for comfortable stay of the Club Members in the locker room area.
After the activity, the Club Member is obliged to take his/her personal belongings out of the locker room cell and/or the individual safe box, and return the keys to the Reception Desk of the Club.
Items lost and found are kept by the Club within 1 month. On the issue of items lost and found, members shall contact the Reception Desk of the Club. The Club is not responsible for lost items, things left unattended, including those left in the locker rooms of the fitness club. Damage is not reimbursable.
A Club Member is entitled, in accordance with the price list, rent a cell in the locker room of the Club. A cell shall be rented by one person. Upon expiration of the locker cell rental period and non-payment of rent for the next period within 2 working days, the Member shall immediately withdraw his/her personal belongings from the locker cell. Otherwise, personal belongings of the Club Member will be taken away, with an act thereof shall be issued, and personal belongings will be handed over for safekeeping to the Chief Administrator, where they will be kept within 1 month and disposed, unless claimed for, with an act thereof issued. The Club also offers, with "rent a locker" service, complementary laundry of sports clothes. The Club does not examine the belongings accepted for laundry, so no claims for damage will be accepted.
In case of loss (or damage) of the Club Membership Card, locker key, key from safe box, cloak-room ticket, towel or any other equipment provided by the Club at the time of the fitness club attendance thereby, the Club Member shall be obliged to pay the fine in accordance with the applicable Price list of the Club.
The club recommends to all Club Members, before visiting the fitness club, to undergo a medical examination at any health care facility, as the Club Member shall be personally responsible for his/her own health condition. On the first day of attendance of the fitness club, a Club Member must undergo functional testing in the doctor's office to the fitness club.
On the first day of attendance of the fitness club, a Club Member must pass a briefing provided by the Club instructors of the fitness club, and familiarize himself /herself with the rules of using sports equipment and other facilities offered by the fitness club. The Club Member is obliged to observe the safety regulations. The Club is not responsible for injuries sustained as a result of violation of the rules of use and safety regulations concerning the equipment offered by the fitness club.
The Club Member must, when attending the lessons in the fitness club, wear sports clothes (with upper part of the body being covered) and athletic shoes, to observe the rules of General hygiene.
The Club Member must keep clean all the premises of the fitness club, which he or she may visit. Upon completion of the activities, the Club Member is obliged to return the sports equipment and other facilities (e-z curl bars, dumbbells, disks, step platforms, etc.) in good condition, bringing them to the specially-designated places. The Club Member shall bear financial liability for any loss or damage caused to sports equipment and other facilities.
The Club Member, while being in the fitness club, agrees to follow the rules of public order, and undertakes not to use cosmetics with pungent odors, etc.
Club Members should behave respectfully with other people including the staff; Club Members should avoid using the offensive and disrespectful language, both in relation to the employees (staff) of the Club and other members/guests of the Club.
In the case if the Club Member's behaviour involves dissemination of the information discrediting the honor, dignity or goodwill of the Club and its employees (staff), the Club or its respective employee, acting according to article 152 of the Civil Code of the Russian Federation, will be entitled to demand denunciation of the information discrediting business reputation thereof, in accordance with the law.
A Club Member is entitled, when visiting the fitness club, to perform self-training. Self-training in the gym of the Club is permitted for members who have reached the age of sixteen. Self-training in the halls and areas intended for group lessons and individual training shall be prohibited.
For additional services, including the services of "individual training", the Club Member must make an appointment and pay to the Club's Reception Desk (service booking). The Club Member who has booked a service in the Club, is recommended to come 15 minutes prior to the time appointed. In case of late arrival, the time of the service will be reduced proportionately. Postponement or cancellation of the booked service shall be made no later than 12 hours prior, otherwise the service shall be deemed rendered.
A Club Member, while being in the premises of the fitness club, shall have the right to use the services of the Club's specialists only. In case of violation of this paragraph of the Rules, the Club reserves the right to waive acting under the Contract (terminate the Contract).
Group lessons are held in the Club by Club instructor according to the schedule set by the Club. The Club reserves the right to amend the schedule, and to replace the instructor named in the schedule. Members may enter the hall for group programs after the lesson has started only based on the permission given by the instructor. Use of mobile phones in the areas of group lessons is not recommended.
A Club Member is entitled, for additional fee, to bring guests to the territory of the fitness club, provided that such guests must comply with these Rules, and that the Club Member shall be responsible for compliance of the guests invited with these regulations, as well as be jointly and severally liable for any damage caused by guests to the property of the Club, in the amount of damages caused.
During the time of holding the club events, the Club reserves the right to impose restriction to admission to the training/procedures premises, of which the Club Members must be informed in advance by means of written announcements in the Club not later than 24 hours before the event.
The following activities shall be prohibited in the fitness club premises:
Smoking, being in a state of intoxication, drinking alcohol, using drugs and forbidden medicaments;
independently bring persons not being Club Members, to the premises of the Club
hold individual lessons for other Members of the Club;
eat and drink in all areas of the club, with the exception of orders from the fitness bar menu;
use oils and/or fragrant and peeling substances in the saunas, showers and locker rooms, and conduct other cosmetic treatment procedures such as hair coloring, manicure, pedicure, waxing, etc.
independently use sound and other technical equipment of the Club;
enter the areas intended for service and maintenance needs, except when a special permission is given in this regard;
bring in weapons of any kind;
come with pets;
carry out filming and photographing without written permission of the Club;
place advertisements, promotional materials, conduct surveys and distribute products without written permission of the Club;
use the Club's premises (for holding the consultations, seminars, business classes, etc.) without permission from the Administration of the Club.
It is prohibited to demonstrate disrespectful attitude to others, including to the Club's staff, use the offensive and disrespectful language, including the foul language.
Violation and non-compliance with these prohibitions constitutes a breach of the Contract that results in termination of the Contract according to p.5.5. of the Contract.
It is prohibited to demonstrate disrespectful attitude to others, including to the Club's staff, use the offensive and disrespectful language, including the foul language.
Violation and non-compliance with these prohibitions constitutes a breach of the Contract that results in termination of the Contract according to p.5.5. of the Contract.
Children's room of the fitness club is a service of the Club, that is provided to Members having children. There is a teacher in the children's room, who will be watching the children while their parents are in the fitness club. The Children's room is open on weekdays from 11.00 to 20.00, and on weekends from 11.00 to 18.00. A Club Member who left the child in the Children's room must be in the premises of the fitness club (but not in the children's room) and, if necessary, come when called by the teacher. The Children's room is intended for children of 3 - 8 years old. It is not permitted to bring food to the Children's room. The time spent in the Children's room is an additional service and is charged according to the Price list of the Club, unless otherwise provided in the Club Mem