1. GENERAL PROVISIONS
1.1 Terms used in the Rules shall have the meanings set out below in these Rules or in the General Terms and Conditions.
1.2. These Rules set out the procedure for the provision of Services at the Gym, the mandatory safety, hygiene and other requirements for the Customer, the rights and obligations of the Gym and the Customer. The Customer shall have the right to agree on individual terms and conditions when concluding the Agreement, except for those terms and conditions that are binding on the Parties under applicable law (e.g. hygiene standards).
2. RIGHT TO USE SERVICES
2.1. The right to use the Gym Services shall be vested in persons who have signed the Agreement, including the Rules, and who have purchased a Subscription (i.e., who have paid the price for the selected Services as stipulated in the Agreement, and who have exercised the choice of the Subscriber’s identification method in accordance with the procedure established by the Gym).
2.2. Persons under the age of 16 shall not be entitled to use the Services; minors aged 16-17 shall be entitled to use the Services in accordance with the Agreement entered into in their favour by their legal representatives (parents, guardians, etc.).
2.3. In order to purchase a Subscription or try out the Services, the Customer must present a photo ID (personal identity card, passport, driving licence, etc.) to the Gym.
2.4. Minors aged 16-17 may try out the Services only in the presence of a legal representative (parent, guardian, etc.).
3. PROCEDURE FOR THE USE OF THE SUBSCRIPTION, ACCESS TO THE GYM AND ITS PREMISES
3.1. The Customer shall be identified and admitted to the Gyms, solarium and group training facilities located in the Gyms, and shall be entitled to use other services provided by the Gym after the Customer has chosen the method of identification of the Subscriber that is acceptable to the Customer, and after the implementation of such choice in accordance with the procedure established by the Gym. The Gym offers three alternative methods of Subscriber identification to Customers: digital scanning of the Customer Card of the Customer, scanning of the Customer’s fingerprint, or the presentation of a photo ID (personal identity card, passport, driver’s license, etc.) to the administration of the Gym.
3.2. The Customer, having selected the Customer Card for identification, undertakes to pay the one-time Customer Card production/issuance fee set out in the Agreement and to use the Customer Card exclusively for his/her own personal needs and not to transfer it to third parties or otherwise make it impossible for them to gain access to the Gym and/or use the Services by using the Customer Card issued for the Customer’s identification. If the Customer transfers the Card to a third party, the Gym shall be entitled to claim a fine of EUR 100 as well as to indemnify the GYM for any remaining damages resulting from the unauthorised third party’s access to the Gym(s). In addition, the Customer shall be fully liable for any damage caused or suffered by a third party to other persons or to the Gym as a result of the Customer’s access to the Gym with the Customer Card and the use of the Gym’s equipment and facilities.
3.3. A person who has forgotten his/her Customer Card may enter the Gym during the business hours of the Gym’s administration with a proof of personal identity.
3.4. If the Customer loses his/her Customer Card, he/she shall be obliged to inform the Gym in person, by telephone or by e-mail within 2 days at the latest. The Gym shall be entitled to charge the Customer the Customer Card production/issue fee set by the Service Provider for the production/issue of the Card.
3.5. In order to verify the personal identity of the Customer using the Customer Card, the Gym administration shall have the right to ask the Customer to present a document confirming his/her personal identity (personal identity card, passport, driving licence, etc.) at any time.
3.6. Anyone wishing to try out the Gym for the first time free of charge shall be given a temporary Customer Card for one training session or shall be admitted on presentation of a photo ID.
3.7. The Customer, having chosen the Customer’s fingerprint as the Customer’s means of identification, shall provide the Gym with a free-from consent to the processing of the Customer’s biometric data in the form of the Customer’s fingerprint model – a binary code and a digital image of the Customer’s fingerprint, created on the basis of the Customer’s fingerprint digital image. Once the binary code is generated, the digital image of the fingerprint shall be destroyed. The Customer’s fingerprint pattern – binary code, digital image of the fingerprint shall be used strictly in the manner and under the terms and conditions set out in these Rules and in the Gym’s Privacy Policy, which is available on the Gym’s website (www.gymplius.lt) and the Gym’s administration. The Customer shall have the right to withdraw his/her consent at any time by informing the Gym’s administration during its business hours or by submitting a request to info@gymplius.lt .
3.8. The Subscription shall be activated for the Customer and the Customer shall be entitled to access the Gym no later than the date of payment of the Subscription price. From the day of activation of the Subscription, regardless of whether the Customer has started using the Services or not, the validity period of the Subscription or the minimum period of using the Services shall begin to count.
3.9. The Gym shall be open 24 (twenty-four) hours a day, 7 days a week.
3.10. In order to ensure the safety of the Customer, visitors to the Gym and third parties / the safety of these persons, as well as the property of the Service Provider, the premises of the Gym (except for changing rooms, toilets, shower rooms), video surveillance of the Gym’s accesses (entrance, parking lot, courtyard), and the Customer’s image shall be stored in the database of the Service Provider or the third party providing the surveillance services for no more than 14 (fourteen) days. In certain circumstances where it is necessary to protect the interests of the Gym or a third party (e.g. in the event of an accident, crime or other violation of the law, a breach of contract or the Rules of the Gym), the retention period may be extended until the investigation has been completed and a final decision has been made.
3.11. The Gym shall not always (i.e. not all the time when the Gym is open and accessible to the Customer) have the Gym employees supervising and/or servicing the Gym.
3.12. The number and duration of the Customer’s visits to the Gym shall not be limited, except as provided for in the Rules, but the Customer shall in all cases assume all risk and liability for damage to the Customer’s health or life resulting from the improper use of the Services.
3.13. The Customer shall be prohibited from bringing minors (except for Customers who have purchased a Subscription) and animals to the Gym.
4. STORAGE OF CUSTOMER’S PERSONAL BELONGINGS
4.1. The Gym shall not provide storage services for the Customer’s belongings, but shall only provide the Customer with the opportunity to leave the belongings brought with him/her in the places designated by the Gym. The Gym shall not be liable for the loss and/or damage of the Customer’s personal belongings in the Gym, including belongings left in the changing rooms or other premises of the Gym, unless this is the fault of the Gym.
4.2. The Customer shall leave his/her personal belongings in the Gym’s locker and changing room, which shall be locked with the Customer’s personal lock after leaving the belongings. When leaving the Gym, the Customer must take all his/her personal belongings with him/her (must not leave them in the Gym locker room, changing room or other premises of the Gym), and remove his/her personal locks (it is prohibited to leave changing rooms locked with the Customer’s personal locks when leaving the Gym). In the event of a violation of the prohibitions set out in this Clause by the Customer, the Customer’s personal locks shall be cut off and replaced with locks of the Gym. The provisions of Clause 4.5 of the Rules shall apply to items left behind by the Customer, and the Customer shall not be indemnified against any loss incurred by the Customer as a result of the Service Provider’s actions referred to above.
4.3. The Customer is advised not to bring expensive and valuable items to the Gym, and the Customer shall assume full liability for their safety.
4.4. The Customer must immediately inform the Gym employees and/or the police about the loss or damage to his/her belongings.
4.5. Items found in the Gym and left by the Customer shall be stored for a maximum of 7 (seven) calendar days. This term shall commence from the date of the identified non-compliance with Clause 4.2 of the Rules. In the event that the Gym is able to identify the owner of the lost item, the Gym shall immediately inform the Customer of the discovery of the lost item using the contact details provided by the Customer in the Special Terms and Conditions. Upon expiry of the aforementioned term and failure to identify the Customer, the Gym reserves the right to destroy the aforementioned items or transfer them to the police.
5. RULES OF SAFE CONDUCT
5.1. The requirements and prohibitions listed below shall be established in order to ensure the safety of the Customer, the protection of the Gym’s property, and the proper enforcement of other applicable laws and regulations, and therefore, the Customer shall comply with them responsibly, honestly and diligently.
5.2. The following shall be prohibited in the Gym::
5.2.1 To use the services of the Gym while wearing inappropriate, dirty or untidy clothing or footwear, slippers, or visiting the Gym without footwear;
5.2.2. Without the prior written consent of the Gym, to provide sports or similar services to the Customers of the Gym, to advise or train the Customer, or to interfere in any form with the visitors or employees of the Gym;
5.2.3. To take photographs and/or videos in the Gym without the prior written consent of the Gym;
5.2.4. To bring and/or consume foodstuffs and/or alcoholic beverages and/or narcotic or psychotropic substances and/or other prohibited items or items which are withdrawn from civil circulation or whose circulation is restricted on the premises of the Gym. Refreshments and water may only be brought in unbreakable containers;
5.2.5. To carry sports bags or backpacks or other bulky items (plastic bags) to the Gym / boxing ring;
5.2.6. To perform personal hygiene procedures in changing rooms and/or showers, to use hair dryers to dry clothing items (slippers, flip-flops, swimsuits) instead of the head;
5.2.7. To use temporarily defective fitness equipment or other equipment of the Gym which is marked as unfit for use;
5.2.8. To misuse, damage or otherwise cause damage to the equipment or other equipment/items in the Gym;
5.2.9. To smoke on the premises of the Gym.
5.3. Before using the fitness equipment, the Customer must get acquainted with the rules for the use of the fitness equipment, which are posted in the premises of the Gym or indicated on the fitness equipment, and must strictly observe them. It is obligatory to lay out a towel before carrying out exercises on the fitness equipment.
5.4. A towel must be laid out on the exercise machine before exercising.
5.5. After completing the exercises, the Customer must ensure that the fitness equipment is left in an orderly manner, suitable for use by other Customers of the Gym, and that the fitness accessories and other equipment of the gym and weights are placed neatly in their designated places.
5.6. After a workout in the gym/boxing ring, the Customer shall be required to take a shower before going to other areas of the Gym.
- RIGHTS AND OBLIGATIONS OF THE SPORTS CLUB
6.1 The Sports Club shall have the right to:
6.1.1. change the opening hours of the Sports Club or the schedule of group training sessions;
6.1.2. to refuse to admit clients who are more than 5 (five) minutes late to the Group Training Sessions after the Group Training Session has started in accordance with the start time of the Group Training Session as scheduled in the schedule published on www.gymplius.lt;
6.1.3. not to provide the Group Training Sessions in accordance with the scheduled time of the training session as published on www.gymplius.lt, if less than 3 (three) registered Clients have arrived at the start of the training session;
6.1.4. not to provide the Services for up to 48 (forty-eight) hours when carrying out preventative or similar work. The Clients will be informed in advance, but not later than 3 (three) calendar days in advance, on the Sports Club’s website www.gymplius.lt, at the entrance to the Sports Club or by the Client’s contacts specified in the Special Conditions of the Contract;
6.1.5. in case of reasonable doubt about the Client’s health condition, to ask the Client to stop the training and consult a doctor and to provide a doctor’s certificate about his/her health condition;
6.1.6. not to provide the relevant Services to any person who has a medical condition that may endanger the health and/or life, safety, legitimate interests of the person himself/herself or other Clients, as well as the hygienic condition of the showers, the Solarium, the sports equipment or other equipment used in the Sports Club (e.g. infectious diseases, incontinence etc.);
6.1.7. to verify the identity of the Client, either directly or through authorised representatives or security service. If it is established that a person may be carrying out illegal activities and violating the provisions of the Agreement or the Rules, the person may be removed from the premises of the Sports Club;
6.1.8. to exclude from the Sports Club any person who violates the rules established by the State for the containment of diseases;
6.1.9. to exclude from the Sports Club persons who violate public order, disturb other persons, insult other participants of the Sports Club, or in case of suspicion of being under the influence of alcohol or drugs
6.2 The Sports Club provides the Client with the opportunity to use the Services provided by it, but in no way evaluates the influence/impact of these Services on the health of a particular Client, nor does it guarantee their positive effect – all risks, consequences and responsibilities related thereto shall be borne by the Client and/or the actual recipient of the Services themselves.
- RESPONSIBILITIES OF THE CLIENT
7.1 The Client undertakes to:
7.1.1. to wear only clean and tidy footwear and clothing in the Gym (fitness room, shower, Solarium, etc.);
7.1.2. be sober and not under the influence of psychoactive substances (drugs, medicines, other intoxicating or toxic substances);
7.1.3. use the Services, property, equipment, other facilities and things provided by the Sports Club in a responsible, careful and diligent manner;
7.1.4. to use the Sports Club’s equipment and inventory only for their intended purpose and in the manner and in the manner provided for in the rules of use of such equipment and inventory.