Contract offer
In accordance with Article 437 of the Civil Code of the Russian Federation, this offer is addressed to any capable individual (hereinafter referred to as "Member of the Club"), and is the official offer of Fitness Pyramid LLC (hereinafter - "Club"), represented by the Club Manager A.V. Golub, acting on the basis of power of attorney No. 1 from 01.02.2020, enter into a contract (hereinafter referred to as "Agreement") on the following conditions and accepting the terms of this offer:
1. Subject of the Contract
1.1. The Contractor undertakes, during the validity of the Agreement, in accordance with the Club Rules, to provide the Club Member with Services in accordance with the Tariff chosen by the Club Member., a Club Member undertakes to accept and pay for these Services in accordance with the terms of the Agreement.
1.2. Name, volume and types of Services, which depend on the type of Tariff, provided to a Club Member, contained in the Price List.
1.3. The Club draws up and transfers the Club Bracelet to the Club Member for temporary possession and use., confirming the right to use the Services in accordance with the selected Tariff.
1.4. Services, not provided for by the selected Tariff, paid in accordance with the current Price List.
1.5. The parties have come to an agreement, that payment of the cost of the Services in the amount of, specified in this Offer, is complete, unconditional and irrevocable acceptance of this Offer.
2. Rights and obligations of the parties
2.1. The contractor is obliged:
2.1.1. Provide Services on the terms of the Agreement.
2.1.2. Ensure the functioning of equipment and inventory, intended for use by the Club Member in the chosen Club.
2.1.3. Ensure proper admission of the Club Member to the territory of the Club within the working hours of the Club.
2.1.4. To acquaint the Club Member with additional information, concerning the complex of health and fitness and other paid services and the terms of their purchase.
2.1.5. Timely inform the Club Member about changes in the structure of services, provided under this offer agreement, and conditions of their provision. The specified notice is considered appropriate if published on the official website of the Contractor at the address piramida.club, as well as at the reception of the Club.
2.2. The Club member is obliged:
2.2.1. Accept and pay for the Services on the terms of the Agreement.
2.2.2. When visiting, a Club Member is required to check in at the entrance with a Club Bracelet. Ensure the safety of the Club Bracelet, do not lose or transfer the Club Bracelet to third parties. In case of failure to present (absence) Club Bracelet The Club has the right to refuse a Club Member to visit the Club.
2.2.3. Observe the Club Rules and the rules of visiting the Club zones, being part of the Agreement and placed in a visually accessible place (information stand) in each of the zones or on the Club website. Compliance with the Club Rules by a Club Member is an essential condition of the Agreement.
2.2.4. Read the information, regarding the provision of the Services, posted on information stands on the territory of the Club, as well as posted by the Club on the Internet at the address: piramida.club.
2.2.5. Immediately inform the Club in writing about any changes in personal data or circumstances, capable of affecting the fulfillment of mutual obligations under the Agreement, including, but not limited to, about the loss of the Club Bracelet.
2.2.6. Observe and maintain public order and generally accepted standards of conduct, behave respectfully towards other visitors, service personnel, keep out of action, endangering others.
2.2.7. Leave outerwear in the wardrobe of the Club (according to seasonality). Use changeable shoes in the club's premises, use shoe covers for the passage to the locker room in outdoor shoes (according to seasonality).
2.2.8. When visiting the Club, observe the Rules and Safety of the Club. By signing this Agreement, the Club Member confirms the fact of familiarization with the specified Rules and Safety Precautions. The club is not responsible for any injuries, as well as damage to health, caused by the negligence of the Club Member, as well as failure to comply with the latest Rules and Safety.
2.2.9. In the classroom, strictly follow the instructions of the trainer or instructor, follow the coach's recommendations, instructor or Club Administration on the duration and intensity of classes.
2.2.10. Independently and responsibly monitor your own health and not endanger the health of others. In the presence of chronic, infectious, skin diseases, as well as diseases of internal organs refrain from visiting the club.
2.2.11. Attend group classes according to the schedule, individual – according to the schedule, agreed with the instructor or trainer. If the Club Member is late by more than 15 minutes, the instructor or coach has the right not to admit him to the lesson.
2.2.12. Do not eat or drink, brought with them, on the territory of the club.
2.2.13. When visiting the club, be attentive to personal belongings, do not leave them unattended, do not trust them to others. Use safe boxes at the Club reception for valuables. The Contractor is not responsible for the safety of the belongings of the Club Member, not deposited properly in safe-boxes.
2.2.14. Limit the finding of children (if the Club Member is the parent or legal representative of the child) under the age of 18 years on the territory of the gym, hall of group programs, functional training areas, halls for playing sports. The parent or legal representative is solely responsible for the child's health in case of violation of this condition.
2.2.15. At least 1 (Of one) times in 15 calendar days to track changes and additions to the Club Rules and the Public Offer Agreement.
2.3. A club member is prohibited from:
2.3.1. Disturb other club visitors, violate cleanliness and order.
2.3.2. Visit the club if the Club Member has signs of an acute or chronic infectious and / or skin disease. Otherwise, the Contractor has the right to temporarily suspend the Club Member from visiting the Club until complete recovery..
2.3.3. Conduct briefing, give recommendations on classes to other visitors of the Club.
2.3.4. To consume alcoholic beverages on the territory and in the premises of the club, narcotic substances, to smoke. In case of identification of persons, in a state of alcoholic and drug intoxication, The performer has the right to apply measures to the specified persons in the form of suspension from classes and withdrawal from the club..
2.3.5. Use it yourself, musical and other equipment of the club without the special permission of the club staff, as well as technique, brought with me.
2.3.6. Enter service and other technical premises, independently regulate any engineering and technical equipment without the special permission of the club staff.
2.3.7. Bring older children with you 4 (four) years in locker rooms, intended for the opposite sex.
2.3.8. Conduct any commercial activity on the territory of the Club, namely: sale of goods and services, including personal training, distribution of any advertising materials, sports nutrition, medical supplies, cosmetics, etc.. The Administration informs the law enforcement agencies about cases of distribution of drugs or prohibited medications and other drugs on the territory of the Club in accordance with the current legislation of the Russian Federation.
2.4. The Club member has the right:
2.4.1. Use the Services in accordance with the terms of the Agreement.
2.4.2. For a fee, use the Additional and Paid Services of the Club.
2.4.3. Suspend the term for the provision of Services (further in the text – freezing) when, if freezing is provided for by the Agreement. The column "Freeze" reflects the number of days of freezing, which a Club Member can use during the term of the Agreement. In case of use by the Member of the Freezing Club, the provision of the Services is suspended, and the Agreement is extended for an appropriate period of time.
2.4.4. Cancel or reschedule the booked Additional Service no later than, than for 12 (twelve) hours before the start of its provision, otherwise, the refund of the paid amount for Additional Services will not be made. Suspension by a Club Member of the period of validity of the Club Card (Freezing) does not provide for automatic cancellation of a pre-registration for the Additional Service.
2.5. The contractor has the right:
2.5.1. Engage third parties to provide the Services; third parties can carry out business activities on the territory of the Club, who have entered into the relevant sublease agreements with the Club or for the right to hold events, such services are not included in the subject of the contract, The club does not bear any responsibility for the actions of such persons and / or in connection with their respective entrepreneurial activities..
2.5.2. Unilaterally change the class schedule, Club opening hours. Information about upcoming changes is posted on information boards, reception, as well as the official website of the Club Information about upcoming changes is posted on information boards, reception, as well as the official website of the piramida.club Club
2.5.3. When holding events, not listed in the schedule, limit the zone, designed for classes, about which the Club Member is notified at least one day before the specified events by posting information in the official social networks of the Club, as well as in a public place on the territory of the club.
2.5.4. In case of a single gross violation by a Club Member of the Club Rules, including action, specified in paragraphs. 2.3.1 – 2.3.8. Of the agreement, to carry out expulsion of the Club Member from the territory of the Club.
2.5.5. In case of repeated gross violation by the Club Member of the Club Rules, including action, specified in paragraphs. 2.3.1 – 2.3.8. Of the agreement, unilaterally refuse to execute the Agreement.
3. Service cost and settlement procedure
3.1. The cost of services in accordance with the current price list is paid by the Club Member at the cash desk of the Contractor in cash, non-cash payment terminal, or in another way agreed with the Contractor, after which the contract-offer is considered concluded.
2.2. Payment for the Services under the Agreement is made at a time by making an advance in the amount of 100 % of the total cost of the Services on the day of acceptance of the agreement to the cash desk of the Club or to its current account. Payment for club cards for Club Members younger 14 years produced only by a legal representative. Cash from minors younger 14 years are not accepted by the administration of the Club.
2.3. On agreement of the parties, it is possible for the Club to provide an installment plan for payment of the Agreement.
2.4. The cost of the Services includes a one-time non-refundable fee in the amount of 30 % of the cost of the Services.
4. Responsibility of the Parties
4.1 Member of the Club signing this Agreement, confirms, that I am familiar with the Rules, published on the Club website https://piramidalite.club/rules/, and agree with them.
4.2. In order to avoid physical injury, the Club Member must comply with the rules for visiting all areas of the Club, reflected in the Club Rules and follow the recommendations of the instructors, coaches and other employees of the Club.
4.3. The contractor is not responsible for the harm, inflicted on his health by a Club Member while on the territory of the Club, unless proven, that such harm was caused through the fault of the Contractor's personnel, caused by his deliberate actions.
4.4. The Contractor is not responsible for the loss or damage to the property of the Club Member, not transferred to the Club for safekeeping.
4.5. The Contractor is not responsible for the safety of vehicles and other means, left in the parking areas of the building.
4.6. During the stay of the person, not reached 18 years, in the Club, the parent or legal representative is responsible for life and health. The contractor is responsible for the safety of the person, not reached 18 years, only during his stay in the children's playroom, on a personal training session or on another officially introduced additional paid service.
Club member (authorized person) bears full responsibility for harm, caused by the child to the property of the Contractor.
4.7. The contractor is not responsible for the safety of the person, not reached 18 years, in club, including during the presence of the person, not reached 18 years, in the children's playroom, at a personal training session or at another officially introduced additional paid service of the Club, when:
– Providing incorrect information about the health status of a person, not reached 18 years;
– Failure to follow the recommendations of the coach.
4.8. The parties are responsible for non-fulfillment or improper fulfillment of their obligations in accordance with the current legislation of the Russian Federation.
4.9. The Club is not responsible for the failure to provide the Services and / or inconvenience, related to urban (district) services of seasonal and / or preventive and / or repair and construction and / or emergency repair and restoration work and / or due to force majeure circumstances.
4.10. Partial or complete limitation of the provision of Services by the Club for technical reasons for a period not exceeding 14 (Fourteen) calendar days during 6 (six) months does not give the Club Member the right to reduce or reimburse the cost of the Services, at the same time, the Club Member has the right to use the “freeze” for the period of restriction of the provision of the Services.
5. Health status and injuries
5.1. By signing this Agreement, Club member approves, which has no medical contraindications, making it impossible to visit the Club and receive Services.
5.2. The parties agreed, that the Contractor is not responsible for a possible deterioration in the health status of the Club Member, if it happened as a result of an acute illness, accident, exacerbation of a chronic disease. In all training and activities, held on the territory of the Club, participating in classes and trainings on the territory of the Club, A club member independently determines the level of physical activity in accordance with his individual capabilities.
6. Additional provisions
6.1. Parties agree, that the term for the commencement of the provision of the Services starts from the date of activation of the Club Card, which occurs when you first visit the Club or at 61 (Sixty-first) day from the date of acceptance by the Client of the Club of this agreement, whichever, which of the listed events will occur earlier.
6.2. The Parties have the right to unilaterally out of court to refuse to perform the Agreement. The contract is considered terminated:
– on 7 (seventh) calendar day from the date of sending to the Club Member the Notice of Termination of the Agreement by registered or valuable mail;
– on the date of delivery of the Notice of termination of the Agreement to the Club Member.
– from the date of submission by the Club Member of the application for termination of the Agreement.
6.3. In case of early termination and / or termination of the Agreement, The Club returns to the Club Member the difference between the amount of money, paid by the Club Member and the cost of the Services for the period from the date of activation of the Club Card to the date of termination (termination) Of the agreement, excluding gift months, from the calculation of the remaining period of the provision of the Services, minus the non-refundable fee (p.2.4). The deposit amount is returned minus the actually spent funds for additional services of the Club.
4.4. Violation of payment terms by a Club Member, more than 5 (Five) calendar days, is recognized as a refusal of the Club Member to fulfill the Agreement. Contract, in this case, considered terminated on 6 (Sixth) the calendar day of the delay in the fulfillment of the obligation to pay without additional written execution of the termination of the Agreement.
6.5. A Club Member is not entitled to provide any services on the territory of the Club to other Members and / or visitors of the Club.
7. Force Majeure
7.1. The Parties are released from liability for full or partial failure to fulfill obligations under the Agreement in the event of, if failure to fulfill obligations was the result of force majeure actions, namely: fire, floods, earthquakes, strikes, wars, actions of public authorities or other circumstances beyond the control of the Parties.
7.2. Side, which cannot fulfill the obligations under the Agreement, should timely, but no later than three calendar days after the onset of force majeure circumstances, notify the other "Party" in writing, with the provision of supporting documents, issued by competent authorities.
8. Special conditions
8.1. About impossibility to provide Services in whole or in part, The Club undertakes to inform the Club Member by posting relevant information at the reception (entrance doors) Of the Club and / or on the official website of the Club on the Internet, during 1 (Of one) calendar day from the moment of impossibility to provide the Services provided for in this Agreement or from the moment, when the Club became aware, that the inability to provide the Services in full will arise in the future.
8.2. The Club member agrees to the processing, storage and use of your personal data by the Club, as well as to receive advertisements and / or information, as well as messages of a notification or advertising nature, not related to the progress of the Agreement in the form of SMS messages to the mobile phone number specified in this Agreement and / or messages to the e-mail address. From the moment of sending to the specified e-mail address, to the number of the mobile operator specified by the Club Member, relevant message, notifications and / or notifications, he is considered notified of the progress of the execution of the Agreement or the provision of Services.
8.3. The parties agreed and agree, that the Club identifies the Club Member by photo, made by a club employee. The Club has the right to identify the Club Member by the document, identity card, provided by the Club Member. The Club reserves the right to refuse entry to the Visitor, whose identity is impossible or difficult to identify from a photograph. A member of the Club allows the use of his image and / or video image by including it in images and / or audiovisual works, created by the Club, which can be published and / or used on the Site (including in online broadcasts of the Clubs), in official groups (communities, etc.) social networks on the Internet, partners of the Clubs.
9. Offer acceptance
9.1. The Club member accepts the Offer acting voluntarily and without any coercion.
9.2. The Club member confirms, understands the content of the Offer, fully and unconditionally accepts all its conditions without any exceptions and / or restrictions.
9.3. The acceptance of the Offer by the Club Member is carried out, including, by acting in aggregate: selection of the Club and the type of Tariff, providing accurate personal data (FULL NAME, Date of Birth, floor, contact number, registration address, document data, identity), making an advance payment for the Services, in the amount and on the terms of the Agreement.
10. Details of the Contractor
Limited Liability Company "Fitness Pyramid"
117447 r. Moscow, Dmitry Ulyanov street, d. 31, room XXII, room 7, et 1
INN 7727431958, Checkpoint 772701001, OGRN 1197746635679
account 40702810147030000434 to the Bank “VTB” Moscow
to / from 30101810345250000745 BIC 044525745