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 Sports Club wearing inappropriate, dirty or untidy clothing or footwear, wearing slippers, or visiting without footwear;
5.2.2. without the prior written consent of the Sports Club, to provide sports or similar services to the Clients of the Sports Club, to advise, train the Clients, or to interfere in any form with the visitors or staff of the Sports Club;
5.2.3. to take photographs and/or videos of other persons or objects in the Sports Club without the prior written consent of the Sports Club;
5.2.4. to bring and/or consume food 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, onto the premises of the Sports Club. The Customer shall be allowed to bring in soft drinks and water only in unbreakable containers;
5.2.5. carry sports bags or backpacks or other bulky items (bags) to the Gym of the Sports Club;
5.2.6. perform personal hygiene procedures in the changing rooms and/or showers, use hair dryers to dry clothing items (slippers, flip-flops, swimsuits) or other parts of the body instead of the head;
5.2.7. use temporarily defective fitness equipment or other equipment of the Sports Club which is marked as unfit for use;
5.2.8. misuse, damage or otherwise cause damage to equipment or other equipment/items in the Sports Club;
5.2.9. smoke on the premises of the Sports Club;5.2.10. to carry out promotional activities without the prior consent of the Sports Club;
5.2.11. litter;
5.2.12. use solid magnesia;
5.2.13. leave the lockers locked with the Client’s personal locks when leaving the Sports Club;
5.2.14. to use the Group Exercise Room during a Group Exercise without being registered for it.
5.2.15. misappropriate the property of the Sports Club or any other person.
5.2.16. bring/carry electric vehicles (electric scooters, roller skates, electric unicycles, etc.) onto the premises of the Sports Club.
5.3. Before using the exercise equipment, the Customer must consistently get acquainted with the rules for the use of exercise equipment posted in the premises of the Sports Club or indicated on the exercise equipment, and strictly follow them.
5.4. Before performing exercises on the exercise equipment, it is mandatory to put on a towel.
5.5. After completing the exercises, the Customer must ensure that the exercise equipment is left in order, suitable for use by other Customers of the Sports Club, exercise equipment accessories and other gym equipment, weights must be neatly placed in their designated places.
5.6. After training in the gym, before going to other areas of the Sports Club, the Customer must take a shower.
6. RIGHTS AND OBLIGATIONS OF THE SPORTS CLUB
6.1. The Sports Club has the right to:
6.1.1. change the working hours of the Sports Club or the schedule of group training sessions;
6.1.2. not to admit Customers who are late for more than 5 (five) minutes to the Group training sessions, after the start of the Group training session according to the scheduled start time of that training session in the schedule published on www.gymplius.lt;
6.1.3. not to provide Group training session services according to the training time scheduled on www.gymplius.lt, if less than 3 (three) registered Customers have arrived at the start of the training session;
6.1.4. not to provide Services for up to 48 (forty-eight) hours when performing preventive or similar work. Customers will be informed about this in advance, but no 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 through the Customer’s contacts specified in the Special Conditions of the Contract;
6.1.5. if there are reasonable doubts about the Customer’s state of health, ask the Customer to stop training and consult a doctor and provide a certificate from a doctor about the Customer’s state of health;
6.1.6. not to provide relevant Services to persons with health disorders that may endanger the health and/or life, safety, and legitimate interests of the person himself/herself or other Customers, as well as the hygienic condition of the showers, Solarium, sports or other equipment used in the Sports Club (e.g. infectious diseases, incontinence, etc.);
6.1.7. check the identity of the Customer, by implementing it directly or through authorized representatives or the security service. If it is determined that a person is possibly engaged in illegal activities and violates the provisions of the Contract or the Rules, the person may be removed from the premises of the Sports Club;
6.1.8. not to admit to the Sports Club persons who violate the rules established by the state regarding the limitation of the spread of diseases;
6.1.9. remove 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 persons being under the influence of alcohol or narcotic substances;
6.2. The Sports Club provides the Customer with the opportunity to use the Services provided by the Sports Club, but in no way evaluates the influence/effect of these Services on the health of a specific Customer, nor does it guarantee their positive effect; all related risks, consequences and responsibilities are assumed by the Customer and/or the actual recipient of the Services.
7. OBLIGATIONS OF THE CUSTOMER
7.1. The Customer undertakes to:
7.1.1. wear only clean and tidy footwear and clothing intended only for the premises in the Sports Club (gym, shower, solarium, etc.);
7.1.2. be sober and not intoxicated by psychoactive substances (drugs, medicines, other intoxicating or toxic substances);
7.1.3. use the Services, property, inventory, other equipment and items provided by the Sports Club responsibly, with care and attention;
7.1.4. use the equipment and inventory of the Sports Club only according to their direct purpose, in the manner and procedure provided for in the rules for the use of this equipment and inventory, and to follow the reasonable instructions and recommendations of the responsible employees of the Sports Club;
7.1.5. not to use temporarily damaged equipment and inventory, to immediately inform the responsible employees of the Sports Club about the damaged equipment or inventory, as well as to contact them or notify by the contacts of the Sports Club in case of any doubts about the suitability of the condition of the equipment or other inventory;
7.1.6. not to use mobile devices during group training sessions;
7.1.7. place the equipment used during training in an orderly manner in the appropriate place in the gym;
7.1.8. after completing the exercises, leave the exercise equipment or other equipment in order and suitable for use by other Customers;
7.1.9. take all possible measures so that when using the Services, the Customer does not harm himself/herself and the Sports Club, his/her health and property, that of other Customers and employees of the Sports Club;
7.1.10. not to interfere with other Customers using the Services of the Sports Club, and upon noticing inappropriate behavior of other Customers or behavior that poses a threat to the safety, health or life of other Customers, must immediately notify the responsible employee of the Sports Club;
7.1.11. in case of an accident, immediately inform the employees of the Sports Club or notify by the contacts of the Sports Club regarding the deterioration of his/her or other Customers’ health or injury suffered while using the Services of the Sports Club. Customers who are able to help must make every effort to provide such assistance, and witnesses to the event must provide all necessary information to service personnel and doctors or law enforcement authorities;
7.1.12. use the Customer’s card exclusively for his/her personal needs and not to transfer the Customer’s card to third parties, not to otherwise create conditions for third parties to enter the Sports Club and/or use the Services, using the Customer’s card issued for the Customer’s identification;
7.1.13. visit only the premises of the Sports Club intended for Customers.
7.2. Before choosing specific Services of the Sports Club, the Customer must take into account his/her health condition and the possible impact of these Services on him/her, i.e. the Customer must make sure that his/her state of health allows him/her to visit the Sports Club and use the Services provided by the Sports Club.
7.3. If the Customer does not comply with the rules for the use of this equipment and inventory posted in the premises of the Sports Club or indicated on the inventory or equipment, uses larger free and stationary weights than he/she is physically capable of using, not warms up properly before using the Sports services, uses temporarily damaged equipment and inventory, there is a risk and potential threat of experiencing various physical injuries (bruising, crushing, collision, muscle strain, broken bones, etc.). If the Customer does not warm up before using Sports services, does too intense sports, does not rest, does not consume sufficient amount of fluids, he/she may become weak, he/she may experience cardiovascular and muscular system disorders or even faint. Therefore, the Customer undertakes to comply with the relevant rules, doctors’ recommendations, evaluate all the aforementioned circumstances, act responsibly, measuredly, carefully, and avoid harm and other negative consequences to himself/herself and those around him/her.
7.4. When using the facilities and Services in the Sports Club, the Customer independently chooses the physical load and other characteristics of the Services (intensity, frequency, etc.) according to each person’s individual needs, personal characteristics, physical capabilities, the impact on the body and the recommendation of doctors.7.5. Before starting to use the Services provided by the Sports Club, the Customer is recommended to check his/her health condition and get recommendations/advice from doctors. All responsibility for the Customer’s health disorders, non-compliance with doctors’ recommendations, injuries and accidents that occurred while visiting the Sports Club/using the Services rests with the Customer, except in cases where this damage occurred due to the fault of the Sports Club.