Terms and Conditions

GENERAL TERMS AND CONDITIONS FOR THE USE OF THE FITNESS STUDIO

(hereinafter also referred to as GTC)

1. CONCLUSION OF CONTRACT

1.1. Scope of performance

Studio clever fit Karolina (operator of Fit Academy Karolina s.r.o., Kaprova 42/14, 110 00, Praha 1, IČ: 107 39 475) provides its members with the services specified in the membership agreement during the official opening hours posted in the fitness studio. The use of the studio equipment is only allowed by paid membership Only person over 15 can become a member.

1.2. Additional performance

For additionally offered products and services, such as a solarium, the studio may charge additional fees when using them, or costs. The member must be notified of this in advance within the fitness studio. Subsequent payment of such additional fees, or costs, will take place without delay on the same day when the member stops using the studio equipment, exclusively through the payment terminal within the fitness studio or, where applicable, in accordance with the payments according to point 2.6. of these GTC.

1.3. Youth

In the case of a minor member, Annex No. 2 and an integral part of the membership contract is the declaration of his legal representatives, who ́ confirm that they were expressly notified of the wording of point 1.3. of the General Terms and Conditions, that they have familiarized themselves with its content and that they agree with this provision. Membership is only possible for minors between the ages of 15 and 18 with the permission of their legal representatives. Their permission will be superseded by the member's consent once the member reaches the age of 18.

2.   ACCESS MEDIUM – CF Membership Wristband

2.1. Authorization to access the fitness studio and the related taking of the member's fingerprints and taking a photo of the member's likeness.

Only its member is authorized to enter the premises of the fitness studio. When membership is concluded, the member receives an access medium (membership wristband) which he will allow entry into the studio. The member must have the access media with him (provided that consent to the processing of fingerprints and likeness has been granted), otherwise the studio may deny the member entry to the studio or may deny him the use of the reserved additional services if the member cannot prove himself in another way (by means of identification document with a photo), and if the existence of a valid membership cannot be proven. In the sense of allowing entry into the fitness studio only to its members, i.e. in the sense of proving that a specific person is indeed a member of the studio, members are also required to prove themselves with their fingerprints and their likeness when entering the fitness studio. For this purpose, when signing the Membership Agreement, the member will also be asked to consent to the processing of personal data (fingerprints and his likeness). After granting the relevant consent, his fingerprints will be taken, and a photograph will be taken of his appearance. The studio is entitled to process and store the fingerprints taken in this way and the photo taken of the member for the sole purpose of proving their membership. In case of non-award, or revocation of such consent, the member will be required, for the purpose of verifying his identity, to present a photo identification document every time he enters the fitness centre.

2.2. Fee for the first issue of the access medium

A fee of 0 or 300 CZK or 600 CZK is charged for the first issue of the access medium, depending on the type of contract.

2.3. Access media handling

The member is obliged to ensure safe storage of his access media and, in the event of its loss, report this to the studio immediately. After reporting the loss, any payment function of the access medium will be blocked.

2.4. Non-transferability of membership rights

Studio membership is personal and non-transferable. The member undertakes that he will use the access media provided only by himself and will not leave them to a third party. If the member violates this condition, i.e. if he knowingly and intentionally leaves the access medium to a third party to ensure access, the studio may demand a contractual fine of CZK 1,000 for each case of violation of the condition, without having to prove the resulting damage. The exercise of other rights from such a violation, in particular the exercise of additional damages and the possibility of extraordinary termination of membership, is not affected. No prior notice is required to exercise these rights.

2.5. Re-exposing the access media

For each re-issuance of the access medium, which is necessary due to the culpable loss or culpable damage of the access medium from on the part of the member, an activation fee of CZK 600 is payable.

2.6. Cashless payment using an access medium

The studio is entitled to introduce a non-cash payment system for all products and services it offers in addition to the contractually agreed performance. If the studio uses this option, the member can use the offered products and additional services exclusively without cash via an access medium. The studio can determine the maximum amount of credit, the amount of individual charge and the options of payment methods. During the term of the contract, the member can have the amount credited to the access medium transferred back to his current account at any time. The member is not entitled to a partial refund or payment of cash credit. The credit, which will be registered on the access medium at the end of the contract, will be transferred to the member's current account, if there are no arrears of the member from the contractual relationship at this time. In such a case, the studio is entitled to collect the credit balance as a set-off against the arrears.

3.   USE OF THE STUDIO

3.1. Operating Rules

When using the studio, the member is subject to the local prove sound order. The operating regulations contain, in particular, rules for the permissible use of devices and studies and the preservation of the rights of other members. The staff is entitled to issue instructions, if necessary to maintain the proper operation of the studio, order and safety or to comply with the operating rules. The member is obliged to obey the instructions.

3.2. Use of lockers

Lockers are available in the studio. The member may use these lockers only during his presence in the studio. The studio is authorized open and empty the occupied lockers if they are used outside the time of the member's presence in the studio. The studio is not responsible for the loss, damage or theft of items stored outside the locked cabinet. Valuables (especially money, jewellery, documents, car keys, etc.) must be stored in a designated place, in the safety boxes at the reception.

3.3. CCTV

The studio warns its members, and the members take note of this, thus they expressly agree that they will be monitored by a camera system in the premises of the fitness studio. The purpose of operating such a camera system is not only to protect the rights and legitimate interests of the studio, in the form of general protection of the property of the studio, but also to protect the health and property of members moving around the premises of the fitness studio. The camera system records only the public areas of the fitness studio. The camera system is not operated in areas such as toilets and changing rooms. Only authorized persons have access to records.

4.   MEMBER'S OBLIGATIONS

4.1. Escort

Bringing accompanying persons, including children, to the studio is permitted with the explicit prior permission of the studio. Bringing animals is prohibited.

4.2. Violation of the duty of appropriate conduct

The member is obliged to comply with the conditions of the operating rules and to properly comply with the obligation of appropriate behaviour imposed by these GTC. If a member violates repeatedly and despite being reminded of the contractual obligations arising from membership, the studio is entitled to withdraw from the membership contract in writing.

4.3. Change of personal data

The member is obliged to notify the studio immediately of any change in personal data relevant to the contract, such as name, address, etc. Costs that the studio arising from the member's failure to notify the change of personal data immediately, the member bears the responsibility.

5. MEMBERSHIP FEES AND PAYMENT DELAYS

5.1. Basic membership fee and maturity of the membership fee.

The basic membership fee is stated in the contract. Negotiated membership fee, proportional part for membership in the current month of contract conclusion a a one-time fee for the first issue of the access medium will be incurred upon conclusion of the membership agreement. Proportional part of the current month given contract and the fee for issuing the access medium must be paid to the studio no later than on the day the membership begins. For discounted one-off payments for membership in advance must be paid for the entire period, including the proportional part of the first month of membership and the fee for issuing the access media no later than on the day the membership begins. If a one-time payment is not agreed, the member is entitled to pay the membership fee to the studio in equal monthly instalments. Monthly membership fees are then always due on the 1st day of the month for the relevant calendar month (payment period). All payments (membership contribution, fees or others) to which the member is obliged under this contract, the member is obliged to pay to the studio primarily on the basis of the payment made through the payment gateway on the website of the studio, or in the system of the studio or through a payment terminal within the framework of fitness studies, using a payment card or other similar technology, i.e. cashless. The exception is the payment for the payment of the membership fee, for a period of at least 3 calendar months or more, where the member is entitled to make such payment through various checks, such as primarily Sodexo vouchers and Benefit points. Whether the studio accepts Sodexo vouchers or Benefit points and other checks in relation to the given exception for the payment of the membership fee is entirely at the discretion of the studio. This provision does not affect provision 2.6. of these GTC. However, in the case of a contract concluded for an indefinite period, it is possible to pay the membership fee exclusively using the payment gateway, which is secured by a supplier with a banking license, while using the payment gateway, individual monthly payments of the membership fee are automatically deducted every month according to the current price list. In the event of a change in the price list, the studio is obliged to inform the member in advance of this fact. The maturity of the individual monthly contributions occurs on the day the contract is concluded and on the 1st day of each following month. To cancel the payment of individual monthly membership fee payments for an indefinite-term contract, the member is obliged to contact the studio at the email address podpora@fitacademy.cz .

5.2. Late payment

The studio reserves the right to charge late payment interest in accordance with legal provisions and to use the right to temporarily deny services in the event of a delay in payment. Furthermore, in the event of a legal dispute, the member is obliged to bear the costs of court proceedings and the costs of carrying out any execution.

5.3. Total maturity

If payment of the membership fee in instalments was agreed (point 5.1.) and if the member falls into arrears with at least two monthly contributions, the full amount of the membership contribution and all flat-rate fees until the end of the contract will become due immediately.

5.4. Prohibition of set-off and retention

The member may set off claims against the study or exercise the right of retention against these amounts only if they were undisputed or final established.

6. DURATION OF MEMBERSHIP, SUSPENSION OF MEMBERSHIP

6.1. The duration of the contract

The duration of the contract is 3, 6 months, or 12 months. The duration of the contract begins at the moment of the agreed start of the membership. After the expiry of the first duration of the contract concluded for 3, 6 or 12 months, the contract is automatically extended to membership again for the same length of 3, 6 or 12 months, while maintaining the existing membership number.

6.2. Automatic extension of the contract and its termination by the member

A contract concluded for a period of 3, 6 and 12 months is repeatedly automatically extended by the same length of the period for which the contract was concluded, after the expiry of the agreed period of the contract, i.e. after the expiry of another period of the same length under the current conditions of the contract. If the member does not agree to the automatic extension of the validity of the agreed contract, he will notify the studio about this, in the case of a contract concluded for a period of 3 or 6 months and a contract concluded for a period of 12 months, no later than 2 months before the end of the contract, either by email sent to the address podpora@fitacademy.cz or to the address of the studio operator. If the member does not notify the studio of his disagreement with the automatic extension of the contract, the contract will be automatically extended under the conditions agreed in this paragraph, even if the member does not explicitly confirm that he agrees to the automatic extension of validity. A contract concluded for a period of 3 or 6 months and a contract concluded for a period of 12 months can be terminated by the member at any time based on his written notice delivered to the studio. In such a case, the contractual relationship based on this contract will be terminated after a notice period of 2 months, which begins on the first day of the calendar month following the month in which such notice was delivered to the studio. In case of termination of the contract concluded for a duration of 6 months by the member, the price changes, when for the relevant duration of the contract, or for the time period by which the contract was automatically extended, the proportional price set for the contract for a period of 3 months will be used. In case of termination of the contract concluded for a duration of 12 months by the member, the price changes, when for the relevant duration of the contract, or for the time period by which the contract was automatically extended, if the contract was terminated by the member between 6 and 12 months after its conclusion, or from the automatic extension of the validity of the contract, a proportional price determined for a contract concluded for a period of 6 months, and in the event that the contract was terminated by the member during the period from the conclusion of the contract, or from the automatic extension of the validity of the contract until the expiry of the 5th month from the conclusion of the contract, or from the automatic extension of the validity of the contract, a proportional price determined for a contract concluded for a period of 3 months. In the event of an overpayment by the member towards the studio on the membership fee, the studio is obliged to return such overpayment to the member without delay after termination of the membership, by means of non-cash payment. However, the studio is entitled to primarily use such potential overpayment of the member to offset any debts the member may have towards the studio.

6.3. Another extension of the contract and its termination by the studio

In the case of an automatic extension of a contract concluded for a period of 3 or 6 months and a contract concluded for a period of 12 months, the membership may be duly terminated by the studio after the expiry of the first term of the contract (point 6.2.), based on its written termination delivered to the member. In the case of termination of a contract concluded for a period of 6 months and a contract concluded for a period of 12 months by the studio, the contractual relationship based on this contract will be terminated after the expiry of the notice period of 2 months, which begins on the first day of the calendar month following the month in which such notice has been delivered to the member.

6.4. Withdrawal from the contract

Either party may withdraw from the membership agreement for a serious reason. A change of the member's place of residence does not establish the right to withdraw from the contract.

6.5. Suspension of membership

Instead of termination, the membership contract can be suspended for a predetermined period by mutual agreement. Suspension periods until agreed upon the duration of the contract does not count, i.e. the duration of the contractual relationship is extended by the period of suspension.

6.6. Form of notice, withdrawal from the contract

Termination of studies must be submitted in writing, stating the name and membership number. The moment of delivery to the studio is decisive for the timely submission of notice. Notices that cannot be assigned to a membership relationship are considered undelivered. In case of withdrawal from the membership contract for a serious reason by the studio, especially according to points 4.2., 6.4. and 7.2., the validity of the contract ends with the delivery of written withdrawal, which must include the reason for cancelling the contract, to the member.

6.7. Possible additional payment of the basic membership fee against the preferential membership fee and the amount of the membership fee within the notice period

In the event that the member concluded a membership contract with the study under preferential conditions, i.e. that the amount of his monthly membership fee was lower compared to the basic membership fee as stated within the framework of provision 5.1. of these GTC, then in the event, that the member terminates the contract in accordance with clause 6.2. of these General Terms and Conditions before the expiration of the originally agreed duration of the contract in the sense of clause 6.1. of these GTC, in such a case the member is obliged to pay the studio the difference between his originally agreed preferential monthly membership fee and the basic membership fee, with the fact that within the notice period the member is also obliged to pay a membership fee in the amount of the basic membership fee.

7.   PROHIBITED SUBSTANCES IN THE STUDIO

7.1. Prohibited substances

Smoking and consumption of alcoholic beverages and narcotic substances are not permitted in the studio. In addition, the member is prohibited from bringing to the studies prescription drugs that do not serve the member's personal and doctor-prescribed needs, and/or other means intended to increase the member's physical performance (e.g. anabolic). Likewise, the member is prohibited from offering, procuring, assigning, or otherwise making such funds available to third parties in the studio for a fee or free of charge.

7.2. Consequences of violating the ban

If a member violates the conditions specified in point 7.1., i.e. if he consciously and intentionally consumes prohibited substances in the studio or passes them on to third parties, the studio may demand a contractual fine of CZK 50,000 from him for each case of breach of contract, without having to prove the resulting damage. The exercise of other rights from such a breach of terms, in particular the exercise of other damages and the right to withdraw from the contract, is not affected by this. No prior invitation is required to exercise these rights.

8.   LIMITATION OF LIABILITY

The studio's liability for negligence is limited. This does not apply to cases of injury to life and health of persons or to cases of breach of serious contractual obligations, which are caused by a negligent breach of duty on the part of the studio or its representative. Serious contractual obligations are those whose fulfilment enables the proper execution of the contract and whose observance the contracting party can normally rely on.

9.   PROCESSING OF PERSONAL DATA

9.1. If you are our customer, newsletter subscriber or website visitor, you are entrusting us with your personal data. We are responsible for their protection and security. Please familiarize yourself with the protection of personal data, the principles, and rights you have in connection with the GDPR (Regulation on the Protection of Personal Data). Who is the administrator? We are Fit Academy Karolina, s. r. o., Kaprova 42/14, Prague 1, 110 00, Company ID: 107 39 475 and we manage: www.cleverfitkarolina.cz. We process your personal data as an administrator, i.e. we determine how personal data will be processed and for what purpose, for how long and we select any other processors who will help me with the processing. Contact details - if you want to contact us during the processing, you can contact us on +420 705 650 982 or by email: infok1@cleverfitkarolina.cz. Scope of personal data and purposes of processing - we process personal data that you entrust to us yourself, for the following reasons (to fulfil these purposes) - provision of services, fulfilment of the contract. Your personal data in the scope of e-mail, telephone, address, photo, - (Your likeness and fingerprints - for the purpose of identification and allowing the member to enter the fitness centre - only if you gave your explicit consent to the processing of this data when concluding the Membership Agreement), necessary for the fulfilment of the contract (e.g. sending access to the application, sending the contract, allowing entry to the club, etc.), or possibly delivering the goods. Accounting and payment - if you are a customer, your personal data (invoicing data) is necessary to comply with the legal obligation to issue and register tax documents, including the provision of your data to payment solution providers (payment gateway, etc.) Marketing - sending newsletters and tips - we use your personal data (e-mail and name), gender, what you click on in the e-mail and when you most often open it for the purpose of direct marketing - sending business messages. If you are our customer, we do so out of legitimate interest, because I reasonably assume that you are interested in our news, for a period of 10 years from the last order. If you are not our customer, we only send you newsletters based on your consent, for a period of 10 years from the date of grant. In both cases, you can withdraw this consent at any time by using the unsubscribe link in each email sent. Advanced marketing based on consent - based only on your consent, we may also send you inspirational offers from third parties or use your e-mail address, for example, for re-marketing and targeting advertising on Facebook, for a period of 10 years from the granting of consent. This can of course be revoked at any time via our contact details. Photographic documentation – for the purposes of promoting live events and reports from these events, we process your photos or video from these events. A photo (profile likeness) together with fingerprints are required for your identification during automated entry into the club. We retain your personal data for the duration of the statute of limitations, unless the law stipulates a longer period for their retention or we have not stated otherwise in specific cases, with the exception of fingerprints and your photograph (likeness), when these data are only processed for the duration of the award in question consent to the processing of fingerprints, or Your likeness.

Cookies – when you browse our website, we record your IP address, how long you stay on the page and which page you come from. We perceive the use of cookies to measure website traffic and customize the display of websites as our legitimate interest as an administrator, as we believe that thanks to this, we can offer you even better services. Cookies for advertising targeting will only be processed based on your consent. Our website can also be browsed in a move that does not allow the collection of personal data. You can disable the use of cookies on your computer.

9.2. Security and protection of personal data

We protect personal data to the maximum extent possible using modern technologies that correspond to the level of technical development. We protect them as if they were our own. We have adopted and maintain all possible (currently known) technical and organizational measures that prevent misuse, damage, or destruction of your personal data. Transfer of personal data to third parties - our employees and associates have access to your personal data. In order to ensure specific processing operations that we cannot provide on our own, we use the services and applications of processors̊ who can protect data even better than I do and specialize in the given processing. They are the providers of the following platforms: SmartSelling a.s. (SmartEmailing, MioWeb, FAPI), Clickfunnels, Payment gateway, Fit Academy s.r.o., Facebook, Google, Microsoft, Accounting firm. It is possible that in the future we will decide to use other applications or processors to facilitate and improve the quality of processing. However, we promise you that in such a case, when choosing, we will place at least the same demands on security and quality of processing on the processor as we do on ourselves. Transfer of data outside the European Union - I process data exclusively in the European Union or in countries that ensure an adequate level of protection based on the decision of the European Commission. Your rights in connection with the protection of personal data. In connection with the protection of personal data you have a number of rights. If you would like to use any of these rights, please contact us via e-mail: controlling@fitacademy.cz. You have the right to information, which is already fulfilled by this information page with the principles of personal data processing̊. Thanks to the right of access, you can challenge us at any time, and we will provide you with proof within 14 days of what personal data we are processing and why. If something changes or you find that your personal data is out of date or incomplete, you have the right to supplement and change your personal data. You can use the right to restrict processing if you believe that I am processing your inaccurate data, you believe that I am carrying out the processing illegally, but you do not want to delete all data or if you have objected to the processing. You can limit the scope of personal data or processing purposes. (For example, by unsubscribing from the newsletter, you limit the purpose of processing for sending commercial messages). Right to portability – if you would like to take your personal data and transfer it to someone else, we will do the same as exercising the right of access – except that we will send the information to you in machine-readable form. Right to erasure (to be forgotten) - your other right is the right to erasure (to be forgotten). We don't want to forget you, but if you wish, you have the right to do so. In such a case, we will delete all your personal data from us/from our system and from the system of all sub-processors and backups. We need 30 days to ensure the right to erasure. In some cases, we are bound by a legal obligation, and, for example, we must register issued tax documents for a period specified by law. In this case we will therefore delete all such personal data that are not bound by another law. We will notify you by e-mail when the deletion is complete. Complaint to the Office for Personal Data Protection - if you feel that we are not handling your data in accordance with the law, you have the right to contact the Office for Personal Data Protection̊ with your complaint at any time. We would appreciate it if you would first inform us of this suspicion so that we can do something about it and correct any errors. Unsubscribing from newsletters and business communications We send you e-mails and SMS messages with inspiration, articles or products and services, if you are our customer, on the basis of our legitimate interest. If you are not yet a customer, we only send them to you based on your consent. In both cases, you can unsubscribe from our emails/SMS by clicking the unsubscribe link in each email/SMS sent. Confidentiality - I would like to assure you that our employees and collaborators who will process your personal data are obliged to maintain confidentiality about personal data and about security measures, the disclosure of which would endanger the security of your personal data. At the same time, this confidentiality continues even after the end of contractual relations with us.  Without your consent, your personal data will not be released to any other third party. These principles of personal data processing apply from 1 July 2022.

10.   FINAL PROVISIONS

10.1. Change of GTC

The studio is entitled to change these GTC in the future. Changes become effective when the studio notifies the changes, the member takes note of them and does not object to them within a period of 2 weeks from the delivery of information about the change. In the event of an objection, both the studio and the member are entitled to terminate the membership agreement as of the last day of the relevant month.

10.2. Ineffectiveness of individual provisions

If one or more provisions of this contract were or became ineffective, this does not affect the effectiveness of the contract and its other provisions. The provisions of the General Terms and Conditions cannot exclude any provisions of consumer protection legislation that apply to the "Membership Agreement."

10.3. Out-of-court settlement of disputes

In the event, that a dispute arising from the contract arises between the studio and the member, which cannot be resolved by mutual agreement, the member may submit a proposal for an out-of-court settlement of such a dispute to the Czech Trade Inspection, Central Inspectorate - ADR Department, located at Štěpánská 567/15, 120 00 Prague 2-Nové Město, email: adr@coi.cz, web: adr.coi.cz.

These terms and conditions enter into force on 20.12.2023.