I. MEMBERSHIP
The duration of membership in 365Fit&Co (hereinafter “365Fitco”, in the relevant grammatical form) is determined by the membership agreement (hereinafter the “Agreement”). Unless stated otherwise, membership is valid from the effective date indicated in the Agreement.
Upon entering into the Agreement, the 365Fit&Co member receives a membership card, on the basis of which they are entitled, for the duration of the membership, to use all services defined by the membership type. Services may be used during 365Fit&Co opening hours without limitation, unless the membership card type specifies otherwise. The membership card is non-transferable, except for certain types of corporate cards, if stipulated in the Agreement.
Holders of any membership are not entitled to a free towel service. The Operator is entitled to issue club rules (Operating Rules) specifying in more detail the conditions for using services in 365Fit&Co. The Operator may amend the Operating Rules as necessary.
These General Membership Terms are binding on all persons who have used or intend to use 365Fit&Co services. These General Membership Terms also apply to persons who are granted member status on the basis of an agreement concluded between the Operator and a third party for their benefit. The General Membership Terms form an annex to the membership agreement.
II. MEMBER
365Fit&Co is positioned as a sports and relaxation facility for adults, not as a youth club or a club for children.
A member of 365Fit&Co (hereinafter also the “member”) may be:
a) any adult natural person with legal capacity who enters into the Agreement; or
b) a legal entity, for certain types of membership, that enters into the Agreement.
A person aged 10 to 18 (hereinafter “Minors”) may also become a member, provided the membership is purchased by their legal guardian, who simultaneously signs a written consent of the legal guardian to the Minor’s membership (hereinafter the “Declaration”), confirming:
a) that the person for whose benefit the membership is purchased is sufficiently acquainted with their obligations arising from the 365Fit&Co Operating Rules (hereinafter the “Operating Rules”) and is adequately mentally mature to comply with these obligations; and
b) that the legal guardian is fully responsible for such person even if the legal guardian does not accompany them in the premises of Fitco; and
c) that the legal guardian agrees to the processing of that person’s personal data in accordance with applicable legal regulations and the Operator’s personal data protection principles.
Minors (youth aged 10 to 18) may visit 365Fit&Co exclusively on the basis of a signed Declaration.
III. MEMBERSHIP AND MEMBERSHIP FEE
Membership is established upon payment and settlement of:
a) the full membership fee (hereinafter also “membership fee”) according to the membership type; and
b) any additional fees arising from the Agreement; and
c) any other outstanding amounts/obligations of the member.
By purchasing a membership, each member undertakes to comply with the Operating Rules, which are available in the premises of 365Fit&Co and on the 365Fit&Co website www.365fitco.sk. By entering into the Agreement or purchasing a membership, the member confirms that they have familiarized themselves with the Operating Rules, understood their provisions, and will comply with them. A member is entitled to use 365Fit&Co (facilities, services, and service support) only if all obligations towards 365Fit&Co have been paid.
The member is obliged to pay their obligations (membership fee and related fees) when due, according to the membership type established by signing the Agreement.
IV. MEMBERSHIP CARD
Each member receives a membership card that enables entry to and exit from the premises of 365Fit&Co (hereinafter the “membership card”). The membership card is non-transferable and its loss must be reported to the Fitco reception no later than within 7 days. A replacement membership card will be issued to the member for a fee of EUR 10. The membership card is issued for the duration of the membership.
V. MEMBER BENEFITS
365Fit&Co undertakes to provide sports and relaxation services to its member during the validity of the Agreement upon presentation of the membership card. Membership allows, during opening hours and unless otherwise specified by the membership type, unlimited use (number of visits per day/month/year) of:
a) the fitness centre and cardio zone, if permitted by the membership type;
b) the wellness relaxation area (Finnish sauna) and relaxation rooms, if permitted by the membership type; and
c) participation in group classes in the Body&Mind studio, if permitted by the membership type.
The length of stay in 365Fit&Co is limited only by the membership card/membership type and the opening hours of 365Fit&Co.
VI. TERMINATION OF THE MEMBERSHIP AGREEMENT
The Agreement or membership terminates in the following cases:
a) by written agreement of the contracting parties, or by expiry of membership on the date stated in such agreement;
b) by the lapse of the period for which the Agreement or membership was concluded;
c) by written withdrawal from the Agreement by 365Fit&Co for the following reasons:
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gross breach of the Operating Rules by the member;
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breach of member obligations or intentional misuse of the membership card by the member;
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commission of an intentional criminal offence against another member, an employee of 365Fit&Co, or a person cooperating with Fitco.
Membership terminates on the date the withdrawal from the Agreement is notified by 365Fit&Co to the member. In the event of withdrawal, the member is not entitled to a refund of any part of the membership fee or paid fees.
d) on the date of closure of the 365Fit&Co operation if 365Fit&Co completely ceases to provide sports and relaxation services in the multifunctional complex Galleria Eurovea in Bratislava. In such a case, 365Fit&Co is obliged to refund the unused proportional part of the paid membership fee to the member.
VII. INTERRUPTION, SUSPENSION AND TRANSFER OF MEMBERSHIP
Membership in 365Fit&Co is continuous and cannot be interrupted/suspended. Exceptions apply only to annual memberships:
a) interruption due to pregnancy is possible at any time for a maximum of 24 months. The member determines in a written request the date from which the interrupted membership becomes valid again. This option may be used once during the validity of the membership. These changes are free of charge.
b) in justified cases strictly defined as serious illness, long-term sick leave, injury, long-term stay abroad), the member may once during the validity of the membership request suspension on the basis of a written request and supporting documents proving the reasons stated. Suspension is subject to approval by 365Fit&Co management. 365Fit&Co reserves the right to refuse the request. Suspension is possible for a minimum of 2 weeks and a maximum of 3 months during the membership period.
c) transfer of membership is possible to a person who is a member of 365Fit&Co, as well as to a person who is not a member. The provisions of Article VII do not apply to membership cards issued for the benefit of third parties (corporate membership cards).
VIII. MEMBER OBLIGATIONS
The member is obliged to:
a) behave correctly and considerately towards other 365Fit&Co members, comply with the Operating Rules, and not disrupt the proper operation of 365Fit&Co;
b) use the property, machines, and equipment of 365Fit&Co only for their intended purpose and handle them with care;
c) respect the instructions of 365Fit&Co employees, especially the duty instructor, reception staff, bar staff, and management;
d) pay all obligations towards 365Fit&Co properly and on time.
If the member wishes to use 365Fit&Co services under the supervision of a fitness trainer or another professionally qualified person (hereinafter “trainer”), they may do so only if such person is in a contractual relationship with the Operator of 365Fit&Co. A list of such persons is available at the 365Fit&Co reception. The relationship between the member and the trainer is independent of the Agreement, and the Operator bears no responsibility for services provided by the trainer to the member.
IX. LIMITING PROVISION
The member may use the premises and facilities of 365Fit&Co exclusively for their own sport activity and regeneration. Using the premises of 365Fit&Co for coaching or consulting activities, business activities, or any paid activity without the written consent of the Operator is prohibited.
Entry into the premises of 365Fit&Co under the influence of an addictive substance is prohibited.
X. LIABILITY FOR STORED ITEMS
365Fit&Co is not liable for damage to the member’s personal belongings brought into or left in the premises of Fitco.
For valuables properly stored in lockable lockers (safes / safe-deposit boxes located near the reception), which were also locked by the member/other user in accordance with the instructions of responsible persons of the Operator, and for which the Operator provided keys/locks, the Operator is liable only up to the amount of EUR 332. Valuables include in particular mobile phones, cameras, photo equipment, jewellery, etc. Damage to any locker in the premises of 365Fit&Co and loss of personal belongings stored therein must be reported by the member/other user or visitor of 365Fit&Co without undue delay to a responsible employee.
The Operator’s liability for defects in provided services is governed accordingly by § 622 and § 623 of Act No. 40/1964 Coll. (Civil Code), as amended. The conditions and method for complaints regarding services are set out in the complaint procedure, available in the premises of 365Fit&Co.
XI. FORCE MAJEURE
If the operation of 365Fit&Co is interrupted independently of the will of 365Fit&Co due to an obstacle that cannot be removed or overcome, members are not entitled to a refund of the registration fee and membership fee. The member is entitled to a free extension of their membership validity by the period during which 365Fit&Co was not operating. However, the member has no entitlement to such extension in cases of temporary interruption due to regular maintenance, a sanitary break in the wellness area, etc.
XII. FINAL PROVISIONS
If any provisions of these General Membership Terms differ from the provisions of the Operating Rules, the provisions of the Operating Rules prevail. Definitions of terms not defined in these General Membership Terms are governed by the definitions in the Operating Rules.
365Fit&Co will notify the member of any change to the General Membership Terms and/or Operating Rules via the member’s contact e-mail entered in the member database. The member is obliged to familiarize themselves with the communicated changes.
The member is obliged to notify the Operator of any change to personal or contact details stated in the Agreement without undue delay after such change occurs.
Invalidity of any part of the Agreement, or any incompleteness, does not render the Agreement invalid. If certain provisions become ineffective after conclusion, the remaining provisions remain effective. Legal relations arising from the Agreement, including the General Membership Terms, are governed by Slovak law.
365Fit&Co is entitled to amend or supplement these General Membership Terms. Any amendment becomes effective on the date the new complete wording is published in the premises of 365Fit&Co and on the 365Fit&Co website.
XIII. DECLARATIONS
By signing the Agreement or purchasing a membership, the member declares that they participate in activities at 365Fit&Co at their own risk and responsibility, that they are healthy and physically and mentally prepared and capable of undertaking them, and that on each entry they will thoroughly familiarize themselves with the operating instructions for the machines and equipment they wish to use and, if necessary, ask the responsible person of 365Fit&Co for advice. The member further declares that they will always assess their current health condition and fitness before exercising. The member acknowledges that the Operator is not liable for any damage to the member’s property or health caused by the member’s unsuitable health condition, other inability to perform physical activities, entry under the influence of an addictive substance, failure to familiarize themselves with equipment operation, etc. The member agrees to receiving information to their contact e-mail entered in the 365Fit&Co database.
By signing the Agreement or purchasing a membership, the member also declares that they have familiarized themselves with and fully agree to the valid Operating Rules and these General Membership Terms in 365Fit&Co.
Pursuant to Act No. 18/2018 Coll. on Personal Data Protection, as amended, the undersigned member provides their personal data (facial photograph) voluntarily and by signing the Agreement or purchasing a membership grants consent to processing of personal data, inclusion in the 365Fit&Co database, use to prevent identity misuse, and to protect 365Fit&Co property.
Pursuant to Act No. 18/2018 Coll. on Personal Data Protection, as amended, I provide my personal data (date of birth, address, telephone and e-mail contact) voluntarily and by signing the Agreement or purchasing a membership grant my consent to inclusion and processing of personal data in the 365Fit&Co database. The provided personal data will be used exclusively for record-keeping purposes and for sending advertising, marketing and promotional materials informing about the offer of 365Fit&Co products and services. The member undertakes to report any change of their details stated on the first page of the Agreement (contact details).
Consent to personal data processing and provision of these personal data are granted for an indefinite period. Consent may be withdrawn at any time by a written request.
