GENERAL TERMS AND CONDITIONS

FitnessClient s.r.o.

Scope of Effect
These General Terms and Conditions govern the rights and obligations connected with providing of services by FitnessClient s.r.o. having its registered office at Praha 1, U Bulhara 1611/3, ident. no.: 05926700, registered in the Commercial Register administered by the Municipal Court in Prague, File no. C 273154 (hereinafter referred to as the “Provider”) and of persons to whom the Provider provides the services, including members of Xplore Fitness Na Příkopě (hereinafter referred to as the “Club”), in particular the possibility to use the Provider’s Club as well as other additional services (hereinafter referred to as the “General Terms and Conditions”).

Definitions

Provider	FitnessClient s.r.o. having its registered office at Praha 1, U Bulhara 1611/3, ident. no.: 05926700, registered in the Commercial Register administered by the Municipal Court in Prague, File no. C 273154
Client	A person using the Provider’s services, including Club members (unless these General Terms and Conditions indicate differently);
Club member	A person, who is a member of the Club, for which the Provider (depending on the type of membership) secures benefits within the use of the Services in accordance with their internal regulations;
Club	Xplore Fitness Na Příkopě located at Na Příkopě 1047/17, Praha 1
Services	Services provided by the Provider, in particular possibility to use the gym, functional rooms, related parts of the Provider’s Centre and other related services. The currently effective offer of Services is in detail described at www.xplorefitness.cz

For the purpose of these General Terms and Conditions, the following terms are defined as follows:

Binding Effect
The Client expresses his/her consent and at the same time confirms he/she made himself/herself familiar with these General Terms and Conditions in detail upon execution of the membership contract or completion of the admission form and receipt of the Client’s ID.

Price for the Services

The price of the Service ordered by the Client is governed by the currently effective Provider’s pricelist effective upon ordering of the Service. The currently effective Provider’s pricelist is accessible at the Provider’s website at www.xplorefitness.cz and at the Club’s reception.
Club members may use the Services on preferential terms, or the Service may be provided to them free of charge based on their membership. Club members take into account that the scope of the preferential terms depends on the Club’s internal regulations and the concrete type of membership.
Club members at the same time take into account that providing any Service by the Provider is subject to technical possibilities and capacities of the Club. Should the Provider fail to be able to provide such preferential terms because of technical or capacity reasons, the Club member is not entitled to any kind of alternative compensation from the Provider.

Rights and Obligations of the Parties to the Contract

The Client is obliged to behave in accordance with the Operating Rules of the Club in the premises of the Club, he/she is particularly obliged to act in a way preventing destruction, damage or loss of the Provider’s property, and respect other visitors of the Club. Should the Client breach the Operating Rules of the Club, he/she may be ordered to leave the Club by the Provider without any entitlement to any compensation from the Provider; especially, he/she will not be entitled to returning of the price agreed upon for providing of the Service.
The Client undertakes to act in accordance with these Terms and Conditions and oblige the instructions of persons acting on the Provider’s behalf in the premises of the Club, especially of their staff, the manager of the Club, trainers and instructors.

Use of the Club:

Clients are not allowed to bring their personal trainers to the Club (gym).
In highly frequented periods it may happen that the availability and length of use of some facilities of the Club (particularly the gym) will be limited.
Clients are for hygiene reasons obliged to use towels when using the gym equipment and facilities.
Clients are obliged to keep the Club (the gym) clean and return individual pieces of equipment to their original place, or to the original condition (original settings) after they stop using them.
Clients are not allowed to use the premises of the Club (the gym) for commercial purposes, for example to charge other Client for personal supervision during their training or similar services without a prior consent of the Provider.
Clients are not allowed to bring and consume their own packed drinks and food in the Club.

Organized lessons:

- An organized lesson means an individual or group performance of physical activities in the Club (in sports rooms) under supervision of instructors and trainers, who are in contractual relationship with the Provider.
- Admission to organized lessons is allowed only before the lesson starts. It is prohibited to enter the sports room, in which the organized lesson is running, in the course of an organized lesson.
- In view of a limited capacity of organized lessons, the Provider guarantees admission to those lessons only after prior reservation.
- An instructor or a trainer are entitled to reduce the number of participants in lessons led by him/her based on the current situation, or order a participant out of a lesson led by him/her if such a participant in his/her opinion poses a threat to successful course of the organized lesson. Clients are obliged to follow instructions of the instructor or trainer during the organized lesson led by the instructor/trainer.
- Upon his/her entry to the Club, the Client is obliged to report the type of the lesson he/she is interested in participating in. The Client is obliged to hand over the respective identification card, which will be given to him/her by a reception staff member upon the Client enters the Club and reports the lesson to be taken.

Booking system:

- - - The Client may book his/her admission to organized lessons in the Booking system of the Club.
    - Rules and guidelines describing how to work with the booking system are presented in detail at www.xplorefitness.cz

Hygiene and clothing
In the Club it is forbidden to:

Enter the gym area in outdoor or dirty shoes;
Store or bring any glass dishes to the areas intended for exercising;
Dry clothes or towels in the locker rooms or in the showers;
Enter the Club in case the Client is ill, as well as in case the Client is under the influence of alcohol, drugs, narcotics or substances that reduce blood coagulability, antihistamines, beta blockers, drugs or tranquilizers. The Client is not allowed to consume, offer or serve those substances to others in the Club;
shave;
smoke;
use mobile phones or other devices that could disturb others by noise, vibrations, radiation, smell, etc.;
bring or carry animals to the Club;
bring guns, hazardous substances (toxins, explosives, chemicals, inflammables, etc.) or other objects that can threaten safety of the Club or its visitors to the Club.
Clients may rent towels for a fee at the reception and use them during training. Towels need to be returned to the reception before the Client leaves the Club. In case a towel is lost or not returned, the Client is obliged to pay a fee in accordance with the currently effective pricelist of the Club.

Breaching of any of the aforementioned obligations will be considered as a serious breach of the contract and will constitute the Provider’s right to terminate the contract and order the Client out of the Club, performance of sports activities or an organized lesson, while the Client is not entitled to any compensation from the Provider.
Clients are obliged to:

Wear clothes and shoes suitable for the Club and the activities performed in the Club;
Keep the suitable clothes and shoes on throughout the entire period of their stay in the Club;
Instructions regarding suitable clothing and shoes can be received from the manager of the lub, or from the instructor or trainer leading the organized lesson.

Behaviour
Clients are obliged to:

During their stay in the Club behave in a quiet, decent way not disturbing other people present in the Club;
Refrain from use of rude, insulting, harming and vulgar words;
Treat other Clients with respect.
Breaching of any of the aforementioned obligations will be considered as a serious breach of the contract and will constitute the Provider’s right to terminate the contract and order the Client out of the Club, performance of sports activities or an organized lesson, while the Client is not entitled to any compensation from the Provider.

If any defective behaviour of a person present in the Club is detected, it is suitable to report it to the manager of the Club, receptionist or a trainer or instructor leading an organized lesson without any delay. Breaching of any of the aforementioned obligations will be considered as a serious breach of the contract and will constitute the Provider’s right to terminate the contract and order the Client out of the Club, performance of sports activities or an organized lesson, while the Client is not entitled to any compensation from the Provider.

Other

Clients always finish their activities in the Club and leave the premises of the Club before the end of the opening hours of the Club.
The Client is obliged to report any change is his/her contact or email address or telephone number to the Provider without delay.
Participation of Clients in organized lessons, their sports activities in the Club and use of the equipment of the Club are carried out exclusively at their own responsibility and risk. In that respect Clients are obliged to take into account their own skills, experience, health and psychical condition and physical shape and respect the recommendations of their physicians. The Provider is entitled to request a medical certificate of the Client’s ability to perform sports activities from the Client and allow the Client to perform sports activities in the Club only after such medical certificate is presented.

Lockers and Safes

Closable lockers are available to Clients for the purpose of storage of their clothes exclusively for the period of their stay in the premises of the Club. The Provider bears no responsibility for loss, damage or theft of things stored out of a locker.
To lock a locker during his/her stay in the Club, he Client may use his/her own lock or a lock rented at the reception against a fee.
The locker needs to be vacated and made available every time the Client leaves the Club. Lockers that will not be vacated and made available in the end of the opening hours will be opened at the Client’s expenses after the end of the opening hours and their content will be stored at the reception or with the Club manager for two weeks. The flat-fee for locker vacating by the Club is CZK 500. If the owner fails to collect the things removed from a lock within that period, they will be treated as things that were lost or found.
Jewellery, large amounts of money (higher than CZK 5,000), valuables and other high value things (value of more than CZK 5,000) is brought to the premises of the Club at Client’s sole risk. If it is in exceptional cases necessary to bring jewellery, a large amount of money, valuables or other high value things by the Client to the Club, those things have to be during the period of stay in the Club stored in the safes in the vicinity of the reception, otherwise the Provider bears no liability for their loss, damage or theft.

General Stipulations

Information about Club opening hours and currently effective information and instructions for Clients are presented in the premises of the Club, at www.xplorefitness.cz. The Provider may prolong or shorten the opening hours of the Club at their discretion. The Provider may also limit or interrupt operation of the Club temporarily. Changes in opening hours and limitation or interruption of the Club’s operation do not affect the rights and obligations of the Clients and do not constitute grounds for reduction or refund of the price paid for the Services or membership fees.
Only persons older than 15 years may use the Centre individually. Younger persons may visit the Club and use its equipment only in case it is stipulated in the Operating Rules or based on a prior written approval of the Club manager.
The Provider is not responsible for securing parking places for Clients visiting the Club. Fees for parking next to the Club are not covered by the Club membership fees.
The Provider reserves the right to amend the conditions for admission to the Club.
The Company bears no responsibility whatsoever for any damage to health or property that might occur in consequence of a failure to respect the Club’s Operation Rules.
The company bears no responsibility whatsoever for any damage to health or property caused by the Client wilfully, by negligence, carelessness or overestimation of his/her physical fitness including situations when the Client puts another client in danger in consequence of the Client’s negligence, carelessness, overestimation of his/her physical fitness or a failure to respect the rules of safe handling of tools or machines (fitness equipment).

Impossibility to Perform

If the Provider cannot provide the Services in the agreed-upon time for serious reasons on the Provider’s side, such a fact does not affect the rights and obligations of the Clients and does not constitute grounds for reduction or refund of the price paid for the Services or membership fees, or termination of the contract by the Client provided that the Provider secures another date/time for provision of Services to the Client. As serious reasons on the Provider’s side will be considered mainly insufficient capacity of the Club and potential technical problems limiting the operation of the Club.
In case of an extraordinary unforeseeable and insurmountable obstacle occurred independently on the Provider’s will (force majeure) the Provider reserves the right to close the Club for an adequate period or for good, and terminate the Client’s membership with immediate effect. In such case the Client is not entitled to refund of already paid membership fees or any alternative compensation, however, the Provider shall return to the Client the proportional part of the membership fee paid for the period in which membership is terminated.

Personal Data Protection

The Provider collects and processes Client’s personal data only in the extent for the purpose of keeping records and communication between the Provider and the Client. The personal data is processed in accordance with the general binding legal regulations, particularly with the Act no. 101/2000 Coll. On Personal Data Protection and The GDPR (EU) 2016/679. All the personal data collected from the Client is processed solely for the above-mentioned purposes and is not handed over to third parties.
The Client has a right for information about processing of his/her personal data. If the Client thinks that processing of his/her personal data is in conflict with protection of his/her private and personal life, he/she is entitled to ask the Provider for explanation, or elimination of the incurred situation.
The Client has a right to deny his/her inclusion in the list of recipients of information materials distributed by the Provider. Client furthermore authorise Fitness_Client s.r.o. to store her/his personal data for the purpose of accounting, tax and business/operating records. I grant this consent for the term of my membership and for the period of 2 years after membership termination. She/he is aware of the possibility to withdraw her/his voluntary granted consent for processing of personal data in the specified scope any time free of charge, either by sending an email to gdpr@xplorefitness.cz or by written communication/letter to the Provider address.

Out-of-Court Dispute Settlement

Should a dispute arise from the contract between the Provider and the Client, and it is not settled by mutual agreement, the Client is entitled to file a proposal for out-of-court settlement of the dispute to the Czech Trade Inspection Authority, Central Inspectorate – ADR Department, having its registered office at Štěpánská 567/15, 120 00 Praha 2-Nové Město, email: adr@coi.cz, web: adr.coi.cz.

Effectiveness
The present General Terms and Conditions are effective as of October 1st, 2017.

By attaching his/her signature hereto, the Client explicitly confirms he/she made himself/herself duly and fully familiar with the stipulations of the General Terms and Conditions of FitnessClient s.r.o., understood them and they are not surprising or in any other way unexpected to him/her pursuant to Section 1753 of the Civil Code.