I. MEMBERSHIP
The duration of membership at 365Fit&Co (hereinafter “365Fitco” as grammatically appropriate) is determined by the Membership Agreement (hereinafter “Agreement”), and unless stated otherwise, membership is valid from the effective date indicated in the Agreement.
Upon entering the Agreement, 365Fit&Co provides the member with a membership card, allowing access to all services specified by the type of membership throughout its validity. Services can be utilized without restrictions during the operational hours of 365Fit&Co, unless otherwise specified by the membership card type. The membership card is non-transferable, except for certain types of corporate cards, as specified in the Agreement.
Holders of any membership do not have a free entitlement to towel service. The operator is authorized to establish club rules (Operational Rules), specifying the conditions for using services at 365Fit&Co. The operator may modify the Operational Rules as needed.
These General Membership Conditions apply to all individuals who have used or intend to use the services of 365Fit&Co. These General Membership Conditions also apply to individuals granted membership status based on an agreement between the operator and a third party on their behalf. The General Membership Conditions are an attachment to the membership agreement.
II. MEMBER
365Fit&Co is profiled as a sports and relaxation facility for adults, not as a youth or children’s club.
A member of 365Fit&Co (hereinafter also referred to as “member”) can be:
a) any legal person of full age, capable of legal acts, entering into the Agreement, or b) a legal person, under certain types of memberships, entering into the Agreement. A person aged 10 to 18 (hereinafter “Minors”) can also become a 365Fit member, and membership can be purchased by the legal representative, who simultaneously signs a written consent (hereinafter “Declaration”):
a) that the person for whom the membership is purchased is sufficiently informed about their obligations arising from the Operational Rules of 365Fit&Co (hereinafter the “Operational Rules”) and is reasonably mature to adhere to these obligations, and b) that the legal representative is fully responsible for such a person, even if the legal representative does not accompany them in the premises of Fitco, and c) that they agree to the processing of personal data of this person in accordance with applicable legal regulations and the privacy policy of the operator. Minors (youth aged 10 to 18) may visit 365Fit&Co exclusively based on a signed Declaration.
III. MEMBERSHIP AND MEMBERSHIP FEES
Membership arises through payment and settlement of:
a) the full amount of the membership fee (hereinafter also “membership fee”) according to the type of membership, and b) any other fees resulting from the Agreement, and c) any other due amounts and obligations of the member. By purchasing membership, each member undertakes to comply with the Operational Rules, available at 365Fit&Co premises and the 365Fit&Co website www.365fitco.sk. By entering into the Agreement or purchasing membership, the member confirms that they have familiarized themselves with the Operational Rules, understood its provisions, and will comply with them. The member is entitled to use 365Fit&Co (facilities, services, and amenities) only if all obligations to 365Fit&Co have been settled.
The member is obliged to pay their obligations (membership fees and related fees) by the due date, according to the type of membership, which was established by signing the Agreement.
IV. MEMBERSHIP CARD
Each member receives a membership card, enabling entry and exit from 365Fit&Co premises (hereinafter the “membership card”). The membership card is non-transferable, and any loss must be reported to the Fitco reception within 7 days. A replacement membership card will be issued to the member by 365Fit&Co for a fee of €10. The membership card is valid for the duration of the membership.
V. MEMBER’S OPTIONS
365Fit&Co commits to providing sports and relaxation services to its members during the validity of the Agreement upon presenting the membership card. Membership allows, during operational hours unless specified otherwise by the membership card type, unlimited use:
a) of the fitness center and cardio zone, if allowed by the membership type, b) of the relaxation part of the wellness area (Finnish sauna) and lounges, if allowed by the membership type, and c) participation in group exercises in the Body&Mind hall, if allowed by the membership type. The duration of stay in 365Fit&Co is limited by the type of membership card, membership, and the operational hours of 365Fit&Co.
VI. TERMINATION OF MEMBERSHIP AGREEMENT
The agreement or membership terminates in the following cases:
a) by a written agreement of the contracting parties or by the validity of the membership until the date specified in the agreement, b) upon the expiration of the period for which the Agreement or membership was concluded, c) by written termination of the Agreement by 365Fit&Co for the following reasons:
- gross violation of the Operational Rules by a member,
- violation of the member’s obligations or intentional misuse of the membership card by a member,
- commission of an intentional criminal offense against another member, employee of 365Fit&Co, or a person cooperating with Fitcom. Membership terminates on the date of notification of termination by 365Fit&Co to the member. Upon termination of the Agreement, the member is not entitled to a refund of any portion of the membership or fees paid.
d) on the day of closure of the 365Fit&Co operation in case 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 obligated to refund the member the unused proportional part of the paid membership.
VII. INTERRUPTION OF MEMBERSHIP, SUSPENSION, AND TRANSFER OF MEMBERSHIP
Membership in 365Fit&Co is continuous, and its validity cannot be interrupted/suspended. Exceptions apply only to annual memberships:
a) interruption of membership in case of pregnancy is possible at any time for a maximum period of 24 months. The member determines by written request to 365Fit&Co the date from which their interrupted membership is valid again. The member can use this option once during the validity of the membership. These changes in the validity of the membership are free of charge. b) in justified cases explicitly defined, such as serious illness, long-term incapacity for work, injury, or long-term stay abroad, a member may use the suspension of membership once during the validity of the membership based on a written request and submission of documents proving the stated reasons. The suspension of membership is subject to the consent of the management of 365Fit&Co. 365Fit&Co reserves the right to reject a request for the suspension of membership. The suspension of membership is possible for a minimum of 2 weeks and a maximum of 3 months during the validity of the membership.
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 of 365Fit&Co. The provisions of Article VII do not apply to membership cards issued for the benefit of third parties (corporate membership cards).
VIII. MEMBER’S OBLIGATIONS
The member is obligated to:
a) behave courteously and considerately towards other members of 365Fit&Co, adhere to the Operational Rules, and not disrupt the proper operation of 365Fit&Co by their actions, b) use the property, machines, and equipment of 365Fit&Co only for the purpose for which they are intended and handle them carefully. c) respect the instructions of employees of 365Fit&Co, especially the service-performing instructor, reception staff, bar staff, and, of course, the management of 365Fit&Co, d) pay their obligations to 365Fit&Co properly and on time. If a member is interested in using the services of 365Fit&Co under the supervision of a fitness trainer or another professionally qualified person (hereinafter referred to as “trainer”), they can do so only if such a person is in a contractual relationship with the operator of 365Fit&Co. A list of such persons is available at the reception of 365Fit&Co. The relationship between the member and the trainer is independent of the Agreement, and the operator of 365Fit&Co assumes no responsibility for the services provided by the trainer to the member.
IX. SPECIFIC PROVISION
The member may use the premises and facilities of 365Fit&Co exclusively for their own sports use and regeneration. The use of 365Fit&Co premises for coaching and advisory activities, business activities, or income-generating activities without the written consent of the operator of 365Fit&Co is prohibited!
Entry into the premises of 365Fit&Co under the influence of addictive substances is prohibited.
X. LIABILITY FOR STORED ITEMS
365Fit&Co is not responsible for damage to personal items of the member brought or stored in Fitca’s premises.
For valuable items properly stored in lockable lockers (safes or safe-deposit boxes located near the reception), which were closed by the member or another user of 365Fit&Co in accordance with the instructions of responsible persons of the operator, and to which the operator provided keys/locks, the operator is responsible only up to the amount of EUR 332. Valuable items include mobile phones, cameras, cameras, jewelry, etc. Damage to any locker in the premises of 365Fit&Co and the loss of personal items stored in it must be reported by the member/other user or visitor of 365Fit&Co without undue delay to the responsible employee of 365Fit&Co.
The liability of the operator of 365Fit&Co for defects in the provided services is governed by the provisions of § 622 and § 623 of Act No. 40/1964 Coll., The Civil Code, as amended. The conditions and procedure for complaining about services are stated in the complaint procedure, which is located in the premises of 365Fit&Co.
XI. FORCE MAJEURE
In the event that the operation of 365Fit&Co is independently interrupted due to an obstacle that cannot be removed or overcome, the member is not entitled to a refund of the entrance fee and membership fee. The 365Fit&Co member has the right for the duration of this non-operation of 365Fit&Co to extend the validity of their membership free of charge. However, the member is not entitled to extend the Agreement or membership for temporary interruption of the operation of 365Fit&Co due to regular maintenance, sanitary break in the wellness area, and the like.
XII. FINAL PROVISIONS
In case individual provisions of these General Membership Terms differ from specific provisions in the Operational Rules, the provisions of the Operational Rules take precedence over the provisions of the General Membership Terms. For terms not defined in these General Membership Terms, the definitions from the Operational Rules apply.
365Fit&Co will notify the member of any changes to the General Membership Terms and/or Operational Rules via the member’s contact email provided in the 365Fit&Co member database. The member is obliged to familiarize themselves with the communicated changes.
The member must promptly inform the operator of any changes in personal or contact information stated in the Agreement after such a change has occurred.
The invalidity of any part of the Agreement or its possible content incompleteness does not render the Agreement invalid. If some provisions of the Agreement become ineffective after its conclusion, the remaining provisions of the Agreement remain effective. Legal relationships arising from the Agreement, including the General Membership Terms, are governed by Slovak law.
365Fit&Co is authorized to change or supplement the provisions of the General Membership Terms. The change or supplement to the General Membership Terms becomes effective on the day of publishing the new complete text of the General Membership Terms in the premises of 365Fit&Co and on the 365Fit&Co website.
XIII. STATEMENTS
By signing the Agreement or purchasing membership, the member declares that they participate in activities at 365Fit&Co:
at their own risk and responsibility, being healthy and physically and mentally prepared to participate, and will thoroughly familiarize themselves with the operation instructions of machines and equipment at 365Fit&Co, which they intend to use. In case of need, they will approach a responsible person at 365Fit&Co for guidance. Furthermore, they declare that they will always assess their current health status and ability before starting any exercise. The member acknowledges that the operator is not responsible for any damage to the property and health of the member caused by inappropriate health conditions, other incapacity of the member for physical activities, entry under the influence of addictive substances, member’s lack of familiarity with the operation of machines and equipment at 365Fit&Co, etc. The member agrees to receive information at their contact email provided in the 365Fit&Co member database.
By signing the Agreement or purchasing membership, the member also declares that they have thoroughly familiarized themselves and fully agree with the current Operational Rules and these General Membership Terms at 365Fit&Co.
In accordance with Act No. 18/2018 Coll. on the protection of personal data, as amended, the undersigned member voluntarily provides their personal data (facial photograph). By signing the Agreement or purchasing membership, they grant consent to the processing of personal data, their inclusion in the 365Fit&Co database, and their use to prevent identity misuse as well as to protect the property of 365Fit&Co.
In accordance with Act No. 18/2018 Coll. on the protection of personal data, as amended, I voluntarily provide my personal data (date of birth, address, telephone and email contact) and by signing the Agreement or purchasing membership, I grant consent to the inclusion and processing of personal data in the 365Fit&Co database. The provided personal data will be used by 365Fit&Co exclusively for record-keeping purposes and for sending advertising, marketing, and promotional materials, through which 365Fit&Co informs about the offer of its products and services. The member undertakes to report any changes to their data stated on the first page of the Agreement (contact details).
Consent to the processing of personal data and the provision of this personal data are granted for an indefinite period. The consent can be revoked at any time based on a written request.
