Szerzodesi feltételek
Terms and Conditions 12.10.2016.

1. About the Contract

1.1 This contract between the member covers all the Nr1 Fitness centers in our chain in Hungary and furthermore includes the following conditions of membership. Members  commit  themselves  to  become  familiar  with  the  contents of  the contract  and  the conditions pertaining to the facilities. In addition to the member contract, special terms may apply for certain services and offers.

1.2 Nr1 Fitness may assign this contract with all rights to a third party.

1.3 Nr1 Fitness reserves the right to change member prices in accordance with

paragraph 7.4

 

2.   Membership at Nr1 Fitness

2.1 Legally competent individuals who are in generally good health and who do not owe money  from  previous  memberships may apply for membership  at Nr1Fitness. 

The  minimum  age  for membership is 16 years of age.  An underage individual (below the age of 16 years) may enter into a membership agreement with Nr1 Fitness if his or her guardian contracts for them.

Nr1Fitness is under no circumstances responsible if injuries or other accidents happens if the personal data such as age of the member has been falsified for the purposes of training inside any of our fitness facilities. All members regardless if the individuals age is under or above 16 years old is responsible for their own safety. Any claims that may arise from injuries in the gym will be neglected.  

2.2 Membership  commences  as  of  the  start  date  specified  in  the  contract;  one month  of membership  is  counted  in  days  not  months  (example:  first  membership  month  starting  24.10  and ending  23.11  would  be  charged  as  one  month (not  two),  this  is  in  the  client’s  favour.  A FLEX membership or combo membership (e.g.,3 MONTHS + FLEX) will remain active until the membership is terminated in accordance with the terms described in paragraph 7.

2.3 Memberships pertain to an individual, and cannot be transferred to another person without approval from the Nr1 Fitness administration. When membership is transferred, the new member will be charged by an administrative fee.

2.4 A  member`s  personal  membership  serves  as  a  key  to  the  facility.  In  staffed  and  unstaffed opening  hour,  the member  has  access by  entering  their  code  at  the code system on the  entrance door.

2.5 Training in all our fitness centers occurs at your own risk. Nr1 Fitness recommends that outside of the hours when the facility is staffed, training should not be performed alone.

2.6 Participation in group classes, personal training, sports rehabilitation, or physiotherapy sessions happens at each individuals own responsibility, injuries resulting from such activities shall not be considered the responsibility of Nr1Fitness as a company or the individual instructor/therapist.

2.7 Nr1 Fitness reserves the right to modify its schedule and to alter the schedule and hours of operation based on the season, customer demands and other unexpected events.

2.8 A member does not have the right to receive a compensation or refund if a group class instructor is not able to hold classes due to sickness, injury, holiday, or similar events which makes Nr1Fitness unable to offer a full group class schedule. In such cases Nr1Fitness will do its best by offering other group classes on the weekly schedule based on the different classes’ availability which cannot always be guaranteed as it is on a first come first served basis through the online booking system.

 

3. Payment

3.1 The  member,  or  the  person  in  the  membership  agreement  who  has  assumed  payment liability for the member, will pay the membership fee and any other fees in accordance with the Nr1 Fitness  price  list.  Monthly  membership  fees  are  guaranteed  during  their  time-binding  contract, unless you change your membership, or in the case of changes in the basis for the discount on the monthly fee.

3.2 Payment  of  the recurring/automatic  membership  fee  is  due  on  the  same  day  every  month  as membership contract registration and payment was initiated, with the exception of special campaigns etc.

The  FLEX  membership  is  a  recurring  (automatic)  payment,  which  means  that  the membership  fee  is  automatically  charged  every  month.  DAYPASS,  WEEKPASS and PREPAID  membership is a one time payment (not recurring/automatically charged) Other membership during campaigns period such as but not only 2, 3 and 6 months memberships are often automatically renewed and transferres into a FLEX membership after the prepaid period, however automatic renewal of such memberships into a recurring FLEX membership is always informed about online during the registration process. It is the client’s own responsibility to make sure they have read and understood the conditions before purchasing a membership from Nr1Fitness. Therefore, make sure to read carefully the complete explanation of your chosen membership on the payment plan page before accepting the terms and conditions.

3.3 Absence from the facility does not release the member from complying with the conditions of payment.

3.4 Members  are  responsible  for  entering  into  the  necessary  agreement  with 

their  bank  for online payment, and are responsible for making sure that that all monthly fees are paid in full by the due date.

3.5 In  the  instance  where  a  member  has  an  outstanding  balance  and  has  not  responded  to payment  reminders,  the  account  may  be  turned  over  to  an 

external  agency  for  debt  collection. In such  cases,  Nr1  Fitness  reserves  the  right  to  demand  payment  on  the  utstanding  balance,  with interest and others expenses included, in accordance with local collection and interest laws.

3.6 In cases where a member has missed a payment and receives collection notices or recoveries from a collection agency, the payment information on the invoice from the collection agency is to be used for payment. If the member chooses to pay Nr1 Fitness directly, Nr1 fitness may also use this deposit to cover other outstanding balances due.

3.7 If  payments  are   delayed  Nr1Fitness  reserves  the  right  to  immediately  block  the member’s access to the facility. If payments are one month in arrears, Nr1 Fitness reserves the right to demand the rest of the time-binding contract to be paid immediately.

3.8 Clients own negligence or misunderstanding of membership type or payment responsibility does not give the client ground for refunds from Nr1Fitness. All information about payment responsibility is stated online as well as in the Terms and Conditions which all members have to accept online before paying and becoming a member of Nr1Fitness.

 

4. Member´s Responsibilities

4.1 Members commit to:

- Acquainting themselves with, and following Nr1 Fitness´ current safety rules and regulations thereunder the house rules of the gym.

-  Informing  Nr1Fitness  of  changes  which  effect  membership,  including  changes  to  personal information.

- Informing Nr1 Fitness of circumstances which would give or change the members´ right to discounts on monthly payments, or other membership benefits. Nr1 Fitness reserves the right to require documentation to prove the members´ right to discounts or benefits.

- Respect the rules of not bringing an individual under the age of 16 to the facility when working out, kids or babies are strictly forbidden to bring with you to the facility when working out. Furthermore, it is also strictly forbidden to bring any kind of pets with you to a Nr1Fitness facility.

- Always wear a proper clean gym attire (sports clothing), never topless or bare feet. Clean indoor shoes are furthermore required as training in outdoor shoes is not allowed.

- Act respectful towards other members, loud sounds or aggressive behavior is not permitted in any of our facilities.

By ignoring any of the responsibilities set out above Nr1Fitness reserves the right to act which can mean expelling the member from the club with immediate action and termination of the membership. The member does not have any rights to claim a refund for the months not used if Nr1Fitness terminates the membership due to the member breaching some of the rules laid out above.

4.2 Members  shall  always  enter  their  personal  code  when  accessing  the  gym  facility. 

Membership  ID  and  code  shall  be  presented  for  identification  in  the  fitness center  if asked  by  the  staff.

Membership  codes  are personal  and  may  NOT  be  shared  with  other individuals,  this  is  strictly forbidden  and  a  serious  violation  of  our  policy  that  will  result in  a  charge/fine of  60,000 HUF  and termination  of  membership  for  the  cards  owner in addition to a life time ban from all the Nr1Fitness facilities for the codes owner as well as for the person entering the facilities with another persons code and without a valid membership.  Nr1  Fitness  reserves  the  right  to  ask  for identification  at  any  time.  The  member also has  the  responsibility  to  make  sure that  another person  is  not incorrectly using their code.

4.3 Instances  of  suspected  misuse  of  codes  should  be  reported  to  the  staff  of Nr1  Fitness immediately.

4.4 Under no circumstances do members have permission to provide others access to the fitness  facility  (this  includes  opening  the  entrance  door  for  other  known  or  unknown  people,  thereunder “tailgating” or similar activities are also illegal). Doing this will result in a charge of 60,000 HUF and immediate  termination  of  the  membership.  Similarly  will  members  of  the  staff  or  security  guards issue a fine of  60.000  HUF to non-member individuals who are sneaking into the gym facility without using a code.

4.5 Nr1Fitness reserves the right to ban individuals performing personal trainings in the gym, personal training services is only to be offered by the personal trainers collaborating with Nr1Fitness and not independent trainers. Members of Nr1Fitness are also responsible for making sure that the personal trainer they use collaborate with Nr1Fitness. We encourage members to report to the management of the fitness center if trainers outside of Nr1Fitness is training clients in the gym.

4.6 It is forbidden for individuals to put up marketing content in the fitness centers, Nr1Fitness does not allow any marketing content to be added other than the one produced by Nr1Fitness in the gym.

 

5. Information and Messages

5.1 Nr1 Fitness will communicate with the member in accordance with the contact information the  member  has  provided  Nr1  Fitness.  The  member  agrees  to  Nr1  Fitness´  use  of  electronic communication (email, SMS etc.) to inform the member about changes in prices, and/or information concerning marketing of services rendered.

5.2 Messages  regarding  changes/alterations  to  a  member`s  contract  may  be  delivered  by  the member personally, in written form, or via email. Contact information to Nr1 Fitness is available on our web page. www.nr1fitness.hu

 

6. Personal Information

6.1 The member agrees that Nr1 Fitness may register, save, and use contact information about the  member,  (name,  address,  email,  payment  information)  and  the  member`s  use  of  Nr1  Fitness services, including informing the member with services provided by Nr1 Fitness. 

6.2 The member agrees that Nr1 Fitness will store training records in order to follow up on the member´s  activity,  and  to  facilitate  training  needs  for  the  member.  Training  records  older  than  2 years  will  be  automatically  deleted  by  the  end  of  the  following  year.  In  cases  of  a  contract resignation,  training  records  will  be  deleted  within  12  months.  Members  have  the  right  to  access their own training records.

6.3 The  provision  of  personal  member  information  to  outside  parties  may  not  occur  without written  consent  from  the  member,  unless  access  is  imposed by  pursuant,  or  is  a  part  of  payment, insurance claims, or accounting.

6.4 Member consent to the disclosure of his or her personal information is valid as long as the membership contract is active, and for 12 months after the membership has been terminated.

 

7.   Cancellation, Termination and Modification of the Membership Contract

7.1 A  FLEX  membership  may  be  cancelled  at  any  time  however  a  one-month (30 days)  notice  period applies calculated from the day the cancellation notice was received.

Please note 2 and 3 months plans which usually continues as a FLEX membership need to be cancelled by email if the member does not want it to be extended automatically into a FLEX membership after the first payment interval.

7.2 The  member  will in some circumstances be able to cancel their own membership by accessing the Client Portal on the website www.nr1fitness.hu, if this is not possible than a cancellation email needs to be sent to support@nr1fitness.hu

Nr1Fitness  will in this case  complete  the cancellation of the members recurring payment, only after the member have received a confirmation email from Nr1Fitness regarding when the last payment/date of training will occur. Please note that our answering time to such emails is usually between 24-72 hours (might be longer during weekends and holidays)

7.3 Members  who  are  prohibited  from  using  their  membership  in  cases  of  extraordinary circumstances  which  can  be  proven  to  be  out  of  their  control  may  be  able  to  terminate  their membership  regardless  of  the  binding  period  with  a  written  application.  Processing  of  this application will occur within a reasonable amount of time, but no later than three (3) weeks from the time  Nr1  Fitness  receives  the  application.  Cases  where  the  member  has  not  made  use  of  their membership over a period of time due to various reasons will not be considered a valid reason for cancellation after this point.

7.4 Nr1 Fitness has the right to alter/change prices and terms. Where Nr1 Fitness implements a price change that is significant or that may put the member at a disadvantage, the member is to be notified. Price increases in compliance with the changes in the consumer price index do not require notification.

7.5 Nr1 Fitness  has  the  right  to  block membership  for  a  certain  period  of  time,  or  terminate  a member´s  contract  immediately  in  cases  where  there  is  a  significant  breach  of contract  by  the member. Significant breach of contract includes:

Failure  to  pay  monthly  fees  and  other  fees, which remains unpaid after reminders of collection (See paragraph 3.7)

Failure to follow safety rules and regulations

Failure of the member to take heed to a warning administered by Nr1 Fitness.

Failure to respect the members responsibility outlined in point 4.

 

8. Storage of Personal Items and Liability in the Case of Injury or Theft

8.1 When storing personal items at the facility, Nr1 Fitness´ members must use a locker with a padlock brought by themselves.

8.2 If a  member  leaves  personal  belongings  in  the  locker  at  a  Nr1  Fitness  facility  after  closing time,  Nr1  Fitness  has  the  right  to  force  open  the  member´s  lock  and  remove those  belongings. A fine for occupying a locker with a padlock overnight may also apply.   If belongings are not retrieved by the member within 14 days, Nr1 Fitness may choose to discard.

8.3 Nr1 Fitness  is  not  responsible  for  personal  injury,  theft  or  otherwise  loss  of members´ personal belongings which the member brings to the facility, with the exception of situations where Nr1 Fitness can be held liable on the basis of its own negligence.

8.4 All items stored in a locked or unlocked locker at Nr1Fitness is the members own responsibility and Nr1Fitness is not responsible for any compensation claims resulting from theft.

8.5 Do not leave valuable items in the locker (e.g., wallet, phone, earphones) while working out.

 

9. Grounds for Exemption, Governing Law, and Disputes

9.1 Nr1 Fitness is not liable for obstruction or restriction of training opportunities due to circumstances out of Nr1 Fitness´ control, and/or the consequences of which Nr1 Fitness could not foresee or overcome. (Force Majeure)

9.2 The member contract is subject to the Hungarian law

9.3 Disputes between the member and Nr1 Fitness should be settled amicaby. If 

this  proves unsuccessful, either party may bring the dispute before the courts