Termeni și condiții

Hi and welcome to Fitpass, the online Fitness community that gives you access to the best fitness studios, sport clubs, fitness studios & gyms in Romania. (“Fitpass” or “we”), operates the website Fitpass.ro (“Fitpass Website”) and the associated mobile sites and applications for mobile devices (jointly “Fitpass Platforms”), through which it provides its services (“Fitpass Services”).

Please read carefully the following Terms & Conditions (T&C) as they regulate the relationship between Fitpass and members of the Fitpass community (“Fitpass Members” or “you”) and describe our mutual rights and obligations.

ACCEPTANCE OF TERMS & CONDITIONS By accessing, browsing, and/or using the Fitpass Platform you accept and agree to be bound by these T&C. In addition, when using particular Fitpass Services, you also shall be subject to any posted guidelines, FAQs, or rules applicable to such services, which may be posted and modified from time to time.

These T&C apply to: Your membership with Fitpass (“Fitpass Member”). Your use as a Fitpass Member of the services offered by our Fitpass Studios (as described below). Use of the Fitpass Services (which, as described above, include the website www.fitpass.ro and the mobile sites and applications for mobile end appliances connected with it).

I. Service description

1. Fitpass Studios Fitpass works together with fitness studios, gyms and sport clubs which are members of the Fitpass Studio Program (“Fitpass Studio”) who offer classes, workshops and training opportunities including yoga, meditation, pilates, dance, martial arts, fitness, nutrition advice and coaching for personal development and much more (jointly “Studio Services”). Fitpass allows Fitpass Members to have access to a wide range of services offered by different Fitpass Studios across Romania without having to have a direct membership with each individual studio.

2. Fitpass Offerings Fitpass Members do not necessarily have access to all the Studio Services offered by one given Fitpass Studio. In other words, Fitpass Members will only have access to the specific classes, workshops, trainings, etc. described in the Fitpass website or any other platform through which Fitpass provides the Fitpass Services (“Offering”). Further limitations may apply depending on the type of Member Card owned by each Fitpass Member.

Both Fitpass Studios and the Offering can change during the course of your membership (e.g. new Partners could appear, but also existing Fitpass Studio might leave or change the scope and/or nature of their Offering). The Fitpass Membership is based simply on the offer of general categories of Studio Services (such as yoga, pilates etc), but does not guarantee access to specific a Offering or to particular Fitpass Studios. Nevertheless, Fitpass will inform you about the appearance of new Fitpass Studios and the exit of existing ones within a reasonable period from the time we have knowledge of this. The contents and Course information presented on the Fitpass Website do not contain any express or conclusive promises regarding the Courses or the Fitpass Membership.

3. Fitpass Services and Fitpass Studio Offerings You will have access to the Fitpass Website and the Fitpass Platforms to the extent described in these T&C, including information about Fitpass Studios and their Offering and Studio Services. The service descriptions stated on the Fitpass Website, the Fitpass Platforms or on the linked websites of our Fitpass Studios (in particular place, time, duration, level) apply to the Offerings.

i. Limits to Fitpass Membership.

Fitpass offers three types of subscriptions which provide either 8, 12 or unlimited visits in a day period to a member. In certain cases some studios may require an extra fee to be paid in the reception for certain classes. Fitpass always notifies of any extra charges in the activities page.

ii. Special Requirements. Where applicable, you will also find information on the specific requirements you must meet in order to take or participate in a given Offering (e.g. filing out questionnaires, undertaking health examinations, attending introductory sessions, use of special equipment or clothing). Please read this information carefully and make sure you meet any applicable requirements as Fitpass Studios can – and in some cases are required to – deny access to or refuse service with respect to the Offering if they are not met.

iii. Pre-registration. As a Fitpass Member you will have access to Offerings on the Fitpass Website and the Fitpass Platforms as described above. In some cases, however, in order to have access to the Offerings you will be required to register in advance (i.e., book). Where pre-registration is required, this will be indicated to you.

iv. Other limitations. Whether an Offering requires pre-registration in advance or not, it may be the case that there are no available spaces for a specific Offering (e.g., that an Offering is fully booked and you cannot join). Fitpass does not guarantee access to a particular Offering at a particular time. Where possible, we always recommend pre-registering with sufficient time in advance or arriving with enough time before the beginning of the class or activity in order to ensure you can participate in the desired Offering.

v. Fitpass QR scan. Each “member” has a QR scanner in their app that they can use to scan the unique QR code located in each partner studio. In order to participate in an “Offering” you will have to scan the specific QR code that is available in each “partner location” and present the “valid check-in” together with a valid identification in the reception before entering the premises.

As a Fitpass Member you are also entitled to use the changing rooms and available sanitary installations (like toilets and showers) normally available to other customers of the Fitpass Studio, free of charge. To the same extent, the particular rules that each Fitpass Studio applies to their regular members apply to you. You are responsible for the safekeeping and supervision of your belongings (cash, other valuables and other items such as clothes).

The Fitpass Website shall be up and running and available for use on average 99% of the time over a calendar month. Furthermore, we carry out planned maintenance works to the Fitpass Website once a month. These maintenance works will generally be carried out during the night from Monday to Tuesday between 22.00 and 2.00. During the maintenance works, the availability of the Fitpass Website can be completely or partly limited. This planned maintenance window will not be taken into consideration in the calculation of the agreed availability (i.e. during this maintenance window, the Fitpass Website and our services are considered available).

4. Cancellation of Participation in an Offering After registration and confirmation of your participation on a given Offering, you may cancel your participation on the Offering up to two (2) hours before the start of said Offering. You are responsible of informing the Fitpass Studio directly of such cancellation in any means required by each particular Fitpass Studio for such purposes (e.g., by email or telephone).

5. Courses without prior registration Insofar as no prior registration is required for the Offerings, you can simply go to your selected Offering with the Partner. You should however check the Fitpass Website and/or Fitpass Platforms also in the case of Offerings without prior registration, if possible before you leave for the particular Offering.

6. Third Party Contents Fitpass Members also have access to information and editorial content on the subject of integral lifestyles compiled by third parties (“Third Party Contents”) and available on the Fitpass Website and the Fitpass Platforms. Fitpass does not review this Third Party Content for completeness, correctness and/or legality. These Third Party Contents do not represent our opinions. Our contents and Third Party Contents serve informative purposes. They are based on personal opinions and experiences of the particular author. They contain general information and opinions and do not consider the individual condition and particularities of individual people beyond the cited examples, where applicable. They do not substitute advice from or treatment by a doctor or non-medical practitioner. Our contents and Third Party Contents also partly look into integral so-called complementary or alternative medicine with insights, remedies and procedures. We expressly inform you that these in part do not correspond with expert opinions at medical schools and from time to time are wholly or partly not scientifically verified. We expressly advise that you consult a doctor, pharmacist or non-medical practitioner to determine, heal or relieve illnesses, ailments or bodily injuries or for questions on medication, remedies, treatment and healing methods, nutrition and lifestyle. This also applies if external experts in your subject area express their opinion on the Fitpass Website. Consult your doctor expressly in advance if you (i) plan to take particular medicines or change your intake of them or (ii) plan to carry out treatments or self-treatment or (iii) you hope for positive effects on your health or your well-being from the services offered by independent providers on Fitpass. The information on the Fitpass Website is not suitable for medical diagnoses or for selecting or applying therapies and medications without consulting with a doctor, pharmacist or non-medical practitioner.

II. General Terms and Conditions

1. Fitpass Membership Requirements i. Age. Only individuals who are 16 year old and over will be admitted as Fitpass Member. Minors require the consent of their legal representative to have a Fitpass Membership. In order to do this, a minor shall complete a Fitpass Member application through the Fitpass Website and send it by mail to the address available on the Fitpass Website together with a written consent from the minor’s parents or legal guardians (drafted as a declaration).

2. Fitpass Member Account In order to become a Fitpass Member, you must create a user account with us (hereinafter “Account”). All data provided by you must be correct and complete (in particular name, e-mail address). Should this data subsequently change, you are obligated to change any relevant information in your Account immediately.

The Fitpass Membership is a personal and may not be transferred or sold to third parties. You are prohibited from transferring the rights produced by the Membership to third parties or to possess these in a different way or to give your Member Card to a third party to use for a fee or free of charge. You may only use your Account for yourself, i.e. you hereby agree not grant, allow or otherwise permit the use of your Account to any other person, for profit or otherwise. You must keep your password secret. Should you receive information about misuse of your Account by another person(s), you will inform Fitpass about this immediately and select a new password. You are liable for all claims, damages and fruitless expenditures incurred by us or third parties caused by misuse of your Account by third parties which you are responsible for.

3. Fitpass Membership Contract A Fitpass Membership Contract enters into force between you and Fitpass as described below: After setting up your Account you will be prompted to click the “order with binding cost“ button. This means you give a binding offer to conclude the selected Membership. You can review and change the order data at any time. The offer can only be made if you agree to the present T&Cs. After receipt of your offer we will send you a confirmation email as acceptance (or, in its case, refusal) of your offer. This will generally be on the day the offer is made. In order to participate in an Offering or simply drop in to a partner's facility you will have to present the Fitpass Studio a valid check in registration through your phone plus a valid identification (e.g. personal ID, driver’s licence, passport). Otherwise the Partner must refuse your participation in the desired Offering.

4. Statutory right of cancellation You have the right to cancel your Fitpass Membership contract within 14 days of your initial sign-up without giving any reason in the event that you have not participated in any “studio offering”. To exercise the right to cancel, you must inform us by e-mail or postal mail of your decision to cancel this contract by a clear statement. Our email address is contact@Fitpass.ro. We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. Any additional discounts or refunds that we may choose to provide are in our sole discretion and do not entitle you to any future discounts or refunds in the future for similar instances.

5. Payment As of the day the Fitpass Membership Contract enters into force, you authorize Fitpass to charge you a monthly membership fee at the then current membership rate. Your first membership cycle will be billed immediately when you sign up and purchase your Fitpass Membership.

The Fitpass Membership will auto-renew on the same date each month (being the date on which you signed up), provided that, where such date does not exist in particular renewal month, your membership will be deemed to auto-renew on the day immediately following the date of expiry of your current membership cycle (e.g., if you signed up on January 31st, your next auto-renew date will be March 1st, and payment will be taken using your Payment Method on (or as soon as practically possible) after that date. All membership auto-renews will continue to take place on the new auto-renew date (i.e., in this example, the 1st of each month). Payment will be taken on the effective date of your auto-renew (a “Renewal Date”), provided that, if we are unable for any reason to take payment on a Renewal Date, we will take payment as soon as practically possible thereafter. In the event that they payment does not go through we will automatically deactivate your subscription until a successful payment has occurred.

Unless expressly stated to the contrary herein, or as provided by applicable law, payments are non-refundable and there are no refunds or credits for partially used periods. Following your cancellation of your membership however, you will continue to have access to the service through to the end of your paid for membership cycle. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion.

6. Payment Methods To pay the Membership Fee and the additional payment you can select the payment methods stated on the Fitpass Website, which were shown to you in the application process. You authorise us to use the payment method selected by you also to collect lump-sum damages incurred, where applicable. You may edit your Payment Method information by emailing us at contact@Fitpass.ro. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information, and provided that you have not cancelled your account in accordance with these T&C (see, “Cancellation” below), you remain responsible for any uncollected amounts. Insofar as you would like to claim services from a Fitpass Studio which are not included in your Fitpass Membership (e.g. massages subject to charges, private lessons, special offers which are not offered on the Fitpass Website and/or Platforms by Fitpass Studios for Fitpass Members), you must make your own agreement with the Partner and pay him directly for all payments incurred.

7. Cancellation (outside of initial 14-day membership period) You may terminate your monthly subscription up until the last day before the membership recurs by going into your account settings on the Fitpass website and canceling. You can reactivate your membership at any point in time by activating the xx in our account. The right of both parties to terminate the contract for cause remains unaffected. There is cause for termination without notice on our side in particular if: You default on the payment of one or more Membership Fees and you do not pay the amount/s due despite our reminders setting a period of at least fourteen (14) days; or You repeatedly (at least three times within a contract year) register in advance for Courses and then do not participate in these without cancelling in advance in accordance with the contract; or You transfer your membership for use by a third party without authority.

9. Price adjustment We reserve the right to adjust pricing at any time. Any price changes to your membership will take effect on your next billing cycle upon notice communicated through a posting on the Fitpass website or mobile applicable or such other means as we may deem appropriate from time to time, such as email.

10. Fitpass Studio Services not in accordance with the contract If a Fitpass Studio does not perform his Studio Services in accordance with the contract (e.g., the Offering does not have the agreed duration; the Offering does not correspond with the service description,; the teacher does not possess the stated qualifications; the equipment common to the Offering is not available; the Offering begins considerably late), then you are entitled and obligated to report such a bad service by the Fitpass Studio to the Fitpass Studio immediately as a non-compliance with the contract, so that the Fitpass Studio can remedy this directly. Please cc Fitpass in any such communications or inform us by email immediately after at contact@Fitpass.ro if a Fitpass Studio Service was not in accordance with the contract and whether a remedy has already been provided.

11. Disclaimers; No Warranties Classes, activities, and any other services offered via the site are offered and provided by third parties, not Fitpass. You agree that attendance at or use of any such classes, activities or other Studio Services and/or Offerings is solely at your own risk. In no event shall Fitpass be liable for any injury, loss, claim, damage or any special, exemplary, punitive, incidental or consequential damages of any kind, whether based in contract, tort or otherwise, which arises out of or is in any way connected with a Fitpass Member’s attendance or participation in a Studio Service and/or Offering booked or otherwise accessed through the Fitpass Website and/or Platforms, or the performance or non-performance of any provider in connection with the Studio Services and/or Offerings. Fitpass provides access to Fitpass Studio’s Services and/or Offerings. Fitpass is not otherwise connected to, nor is an agent of any provider with which a user has made a reservation. Fitpass disclaims all warranties, whether statutory, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose, related to any Services and/or Offerings offered by the Fitpass Studios via the Fitpass Website and/or Platforms.

12. Waiver A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms will in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of these Terms will not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.

13. Limitation of Liability and Damages Nothing in these terms (including but not limited to the “Disclaimers” above and limitations of liability below) is intended to exclude or limit any liability that we may have to you by operation of applicable law. This includes liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation. It is acknowledged however, that we accept no liability for the negligence of third parties, including any Fitpass Studio where you may redeem eligible Offerings. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL Fitpass OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO THE USE OF THE Fitpass WEBSITE AND/OR PLATFORM, INCLUDING THOSE THAT RESULT FROM THE USE OR THE INABILITY TO USE THE MATERIALS ON THE SITE, OR ANY OTHER INTERACTIONS WITH Fitpass, EVEN IF Fitpass OR ONE IF ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, Fitpass’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

14. Dispute Resolution General. Generally, if a dispute arises between Fitpass and you, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Fitpass agree that the parties will resolve any claim or controversy at law or equity that arises out of this Agreement or the Fitpass Website and/or Platforms (a “Claim”) in accordance with one of the subsections below or as you and we otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Choice of Law; Forum. These T&C shall be governed in all respects by the laws of England and Wales, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Fitpass must be resolved by a court located in the United Kingdom, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within the UK for the purpose of litigating all such claims or disputes.

15. Changes to these T&C We reserve the right to change these T&C at any time. The amended T&C will be sent to you via email at the latest six (6) weeks before they come into effect. If you do not object to the validity of the amended T&C within six (6) weeks after receipt of the email, the amended T&C are considered accepted by you. We will inform you separately in the email which contains the amended T&C about the possibility to object and the consequences of not making an objection in time. Insofar as change to the T&C is required as a result of a change in the statutory provisions, the customer has no right to object in this regard.