General Conditions of Club MyFitness

1. Objective
1.1. The objective of the current General Conditions is to establish the general principles of the Membership
Agreement of the Club which apply to a Member using the services of the Sports Clubs operated by the
Club on the basis of the Membership Agreement.
1.2. The General Conditions apply to using the Club with a one-time pass or a Period Card so long as the
articles in the General Conditions correspond to the idea of using the Sports Club with a one-time pass or
a Period Card.
1.3. General Conditions apply to the Children’s Agreement signed for children’s group trainings so long as the
articles in the General Conditions correspond to the conditions of the Children’s Agreement and the idea
of attending group trainings on the basis of the Children’s Agreement.
2. Recitals
2.1. The following concepts are used in the following meanings in the Membership Agreement, Children’s
Agreement, Period Card, General Conditions, Regulations, Price List and Booking Rules:
2.1.1. “Booking Rules” – part of the Membership Agreement that establishes the terms and conditions of
participating in and registering for group trainings;
2.1.2. “Penalty fee for breaching the Booking Rules” – a fee stated in the Regulations and/or Booking Rules
for the breaching of the Booking Rules established in the Regulations and/or Booking Rules;
2.1.3. “Price List” – part of the Agreement that establishes the amounts of fees and penalty fees;
2.1.4. “Club” – My Fitness AS;
2.1.5. “On-hold Membership Fee” – a monthly fee for applying the On-hold Membership as stated in the
Membership Agreement or Price List;
2.1.6. “Children’s Agreement” – an Agreement between the Club and a Member for children’s attendance in
group trainings. General Conditions, Regulations and Price List apply to the Children’s Agreement so
long as these correspond to the conditions of the Children’s Agreement and the idea of attending
group trainings on the basis of the Children’s Agreement. The General Conditions, Regulations and
Price List are available in print form in the Sports Clubs and online on the Club’s website (myfitness.ee);
2.1.7. “Agreement” – Membership Agreement and/or Children’s Agreement;
2.1.8. “Contract change Fee ” – a fee stated in the Price List for amending the Membership Agreement;
2.1.9. “Member” – a person who uses the services of the Club on the basis of a Membership Agreement,
Children’s Agreement, Period Card or one time pass;
2.1.10. “Membership Card” – a personal electronic card issued to the Member, or any other solution provided
by the Club for identifying the Member;
2.1.11. “Membership Agreement” – an agreement between the Club and a Member for the use of the Club’s
services. The Membership Agreement consists of the General Conditions, Regulations, Booking Rules
and Price List that are available in print in the Club’s premises and on the Club’s website
(myfitness.ee).
2.1.12. “Arrangement to terminate the Agreement” – an unattested bilateral agreement signed in the Club for
terminating the Agreement on the conditions established in the Agreement;
2.1.13. “Membership Fee” – a monthly fee established in the Agreement by the Member based on the training
package or training group chosen by the Member and payable based on an e-invoice standing order
agreement;
2.1.14. “Joining Fee” – a fee charged upon joining the Club, which is a prerequisite for signing the Agreement.
The size of the Joining Fee is established in the Price List and is fixed in the Agreement. The Joining Fee
will be paid every time an Agreement is signed;
2.1.15. “On-hold Membership” – temporary suspension of the membership status for one (1) or a maximum of
two (2) consecutive calendar months for the On-hold Membership Feeby the term and according to
the conditions established in the Agreement. During the On-hold Membership, a Member is not
obliged to pay the Membership Fee (except the Membership Fee that was due before the On-hold
Membership) and a Member does not have the right to use the services provided at the Sports Clubs as
indicated in the Agreement;
2.1.16. “On-hold Membership Agreement” – an unattested bilateral agreement signed in the Sports Club for
arranging the On-hold Membership on the conditions established in the Agreement;
2.1.17. “Period Card” – a fixed-term card issued to a Member for using the Club’s services, to which the
conditions of the Period Card, General Conditions, Regulations, Price List and Booking Rules apply,
which are available in print in the Club’s premises and on the Club’s website (myfitness.ee);
2.1.18. “Party” – the Club or the Member;
2.1.19. “Parties” – the Club and the Member;
2.1.20. “Regulations” – the procedure established by the Club for visiting the Sports Club(s) and using its
services, available in the Sports Clubs or on the Club’s website;
2.1.21. “Sports Club” – every sports club operated by the Club in Estonia;
2.1.22. “Training Package” – a training package chosen by the Member in the Membership Agreement, with
the Member’s respective rights in the Sports Club and its services as established in the Price List and
indicated on the Club’s website;
2.1.23. “General Conditions” – the present general conditions that apply to Members using the Club on the
basis of a Membership Agreement, Children’s Agreement, with a Period Card or a one-time pass.
3. Entry into and amendment of Agreement
3.1. The Agreement will be concluded between the Club and the Member in writing by signing all pages of
the Agreement with authentic signatures or by digital signing.
3.2. For a Member under 18 years of age, the Agreement will be entered into and signed by his/her parent or
guardian who is his/her legal representative and who will be held solidarily liable to the Club for the
performance of all obligations arising from the Membership Agreement.
3.3. The Club has the right to change the General Conditions, opening hours of the Sports Clubs, Price List,
Regulations, Booking Rules and conditions of Training Packages unilaterally at any time. In case the
changes harm a Member unreasonably and hinder the Member’s ability to fulfil the Contract, the
Member has the right to end the Agreement in one (1) month after the changes have been made. If the
Member does not inform the Club in writing about their wish to end the Agreement during the
abovementioned time, the Member will be considered as agreeing with the changes and the Agreement
will remain in effect with the changes.
3.4. The Club has the right to hold campaigns with conditions that will not be considered as amendment of
the Agreement and will not be applied to Agreements already in effect.
3.5. Changing the schedule of group trainings or substituting the lessons or trainers of group trainings is not
considered to be amendment of the Agreement and the Club has no obligation to inform the Member of
such changes.
3.6. In case of Training Packages that are based on specific conditions attributable to a Member (age, studies
at an educational institution, work at a certain institution/company, any other circumstance providing a
discount on the Price List), the Member only has the right to purchase such Training Packages and/or get
a discount on the Price List if and when the conditions apply to the Member at the time of purchase in
accordance with the description of the Training Package or any other criteria giving a discount are met. If
the conditions of the Training Package do not apply to the Member at the time of signing the Agreement
or during the term of the Agreement, the price of the most similar Training Package that does not
require the respective conditions to be fulfilled will automatically be applied to the Member. In the
abovementioned situation, the Club has the right to charge the Member with the differences in the price
of the Training Packages retrospectively starting from the time when the conditions of the original
Training Package or any other criteria providing a discount ceased to apply to the Member.
4. Enforcement and validity of Agreement
4.1. The Agreement will come into force on the commencement date of the Agreement unless the
Agreement establishes a different enforcement condition or time limit.
4.2. The Membership Agreement is signed without a term.
4.3. The Children’s Agreement will automatically be terminated on the 31st of May at the end of the season
in which the child becomes 16 years of age.
5. Agreement documents and interpretation
5.1. A Membership Agreement consists of the General Conditions, Regulations, Price List, Booking Rules and
all annexes added to the Membership Agreement over time.
5.2. A Children’s Agreement consists of the General Conditions, Regulations and Price List so long as these
correspond to the idea and conditions of the Children’s Agreement, and all annexes added to the
Children’s Agreement over time.
5.3. A Member can familiarize themselves with the Agreement, General Conditions, Regulations, Price List
and Booking Rules on the Club’s website (myfitness.ee) and in print form in all Sports Clubs.
5.4. The titles, numbering and sequence of the articles in the General Conditions, Regulations, Price List and
Booking Rules only serve the goal of legibility and are not considered when interpreting the Agreement.
5.5. The examples provided in the Agreement, General Conditions, Regulations, Price List and/or Booking
Rules are illustrative and support only the single instance and thus do not limit the application of the
Agreement and its articles with regard to the dates and terms in the examples.
5.6. Different parts of the Agreement are not equally important with respect to interpretation of the articles
of the Agreement. In case of variance between the articles of the Agreement the Parties shall primarily
consider the Agreement, then the Price List, then the General Conditions, then the Regulations and then
the Booking Rules. If the Membership Fee is increased, the Price List is proceeded from.
6. Use of the Club
6.1. A Member has the right to use the Sports Club and the services provided within on the conditions
established in the Agreement based on his/her Training Package or in accordance with the conditions
established for the Period Card or one time pass. When using the Sports Club the Member follows the
guidance provided by the Club personnel.
6.2. Services in MyFitness Sports Clubs are only provided by persons authorized by the Club. A Member is not
allowed to offer any services (including, but not limited to training/consulting/instructing other members
in the gym or pool) in the Sports Club to third persons (including other members) without a written
permission from the Club.
6.3. Persons between the age of 4 and 16 have the right to participate in group trainings based on a
Children’s Agreement (incl. a person who turns 16 by the end of the current season, i.e. until the 31st of
May). Persons attending group trainings on the basis of the Children’s Agreement have the right to use
other services provided by the Club (e.g. visit the gym, group trainings or pool), considering the age limits
stated in the Regulations.
6.4. Choosing and using services provided by the Club, a Member personally or with assistance by a
competent person monitors their physical well-being and consults their doctor at the slightest of doubts
or occurrence of any symptoms.
6.5. The Club (excl. children’s group trainings) can be used by persons aged 16 and above. Persons aged 12–
15 can only use the Sports Club when accompanied by an adult (except in children’s group trainings).
Children below the age of 12 are not allowed to use the Sports Club (except to attend children’s group
trainings).
6.6. A Member can enter the Sports Club using their Membership Card, Period Card or one time pass. The
Club personnel have the right to demand the Member to present their Membership Card and/or Period
Card. When a Membership Card, Period Card or a one-time pass is not shown, the Club has the right to
deny service to the Member.
6.7. When a Member has infringed their contractual obligations, the Club has the right to refuse the
fulfilment of its obligations, including the refusal to allow a Member to enter the Sports Club and/or
refusal to provide services to a Member without prior warning in case of the Member’s indebtedness
until the infringement ceases. In such case the Member has no right to demand the Club to refund or
reduce any fees paid by the Member to the Club.
6.8. Refusing to provide contractual services to the Member under the above-mentioned circumstances does
not restrict the Club’s right to enable the Client to visit the Club with one time pass.
6.9. It is forbidden to pass on a Membership Card to another person except when priorly agreed upon with
the Club.
6.10. A Member must immediately inform the Club when their Membership Card has been lost. In case of a
Membership Card being lost or damaged the Member has the right to receive another Membership Card
for a fee stated in the current Price List.
6.11. The Club has the right to demand the Member to be photographed in order to connect the photo to the
Member’s data in the client database. Capturing the Member’s photo allows the Club to check if the
rules for the use of the Membership Card are followed.
6.12. In order to attend a group training (excl. children’s group training) a Member must register for the
desired training on the Club’s website.
6.13. Since the number of persons is limited per each group training the Club cannot guarantee the availability
of a place in the desired group training. The availability is dependent on the time of registration (places
are granted to Members who register early).
6.14. If a Member is unable to attend a group training, they must cancel their booking in accordance with the
Regulations and/or Booking Rules.
6.15. A Member can attend a group training without a registration only in case of available places.
6.16. In order to attend personal trainings and/or for personal consulting a Member must register in advance.
If a Member is unable to attend a personal training or consultancy, they must cancel their booking in
accordance with the Regulations and/or Booking Rules. If the Member neither cancels their appointment
in the prescribed time nor attends the training or consultancy, they must pay the price of the training or
consultancy as stated in the Price List.
6.17. The Club has the right to make changes in the schedule and substitute trainers as needed, including
changes to the type, length, time and frequency of trainings, etc. Changes stated in the current article
are not considered as changes in the Agreement and cannot be the reason to cancel the Agreement.
6.18. For extraordinary reasons that are not dependent on the Club (e.g. ailment of a trainer, bomb threat, fire
(threat), accident (threat), etc.), the Club has the right to cancel trainings or limit the use of the Sports
Club, while informing the Member as soon as possible.
6.19. Club personnel consult and instruct the Member about the use of available services, including any issues
related to the use of the equipment, and maintain the training equipment. The Member will use the
equipment purposefully and in accordance with the instructions received from the Club personnel.
6.20. The Client has access to lockers for clothes and valuables during their stay in the Sports Club. A Member
is always advised to store their valuables in a valuables’ locker instead of a clothes’ locker. The Club is
not responsible for safekeeping objects in the clothes’ or valuables’ lockers. It is forbidden to leave
objects in the lockers or dressing rooms after leaving the Club.
6.21. When leaving the Club, a Member must put back in its place or return to the receptionist of the Club the
key of the locker (except when the Member uses the padlock given to him/her for locking the locker or
upon joining the Club). Damaging or losing the locker key will result in a penalty fee being applied to the
Member as stated in the Price List or Regulations.
6.22. A Member shall behave in accordance to good manners and use the Club’s property accordingly. It is
forbidden to disturb other Clients and Club personnel with one’s activity. Smoking and using alcohol or
drugs is forbidden in the Club. Pets are not allowed in the Club. Club personnel have the right to
temporarily suspend a Member from the Club who disobeys any of the abovementioned duties or rules
or raise a penalty fee demand against them on the basis of the Regulations or Price List.
6.23. The Club has the right to perform any kind of maintenance, cleaning, servicing and repairs in the Club
and on its equipment in a manner that disturbs the Members the least to ensure the cleanliness and best
condition of the Club. When possible, Members will be informed of such maintenance works reasonably
in advance. A Member is obliged to withstand such maintenance without raising any claims with the Club
on the basis of possible inconveniences including the temporary impossibility to use the Club.
6.24. The Club has the right to hold events in the Sports Club that may result in a temporary change in the
opening hours of the Sports Club and/or other limitations to the use of the Sports Club. The Club informs
the Members of any events reasonably in advance by posting the respective information on the Club’s
website. A Member is obliged to withstand the occurrence of such events without raising any claims with
the Club on the basis of possible inconveniences including the temporary impossibility to use the Club.
7. Fees
7.1 A Member who has signed an Agreement with the Club pays the Club for the services offered based on
an e-invoice standing order agreement in accordance with the conditions stated in the Agreement and
the amounts stated in the Agreement and/or Price List. When paying for services, the reference number
indicated in the Agreement and available in the online self-service environment of the Club must be
noted in the payment order. A Member using the Club’s services with one time pass or a Period Card
pays for the services in the Sports Club in cash or with a bank card.
7.2. A Member who has signed an Agreement with the Club pays all fees, interests and fines onto the Club’s
bank account based on the e-invoice standing order agreement. The Joining Fee will in no case be
returned.
7.3. Failure to receive the invoice will not in any case free the Member of any contractual payments because
the Member should anticipate the amount resulting from the Agreement and its articles. When paying
based on the e-invoice standing order agreement the Member must insure the availability of the correct
amount on their account on the date stated in the Agreement and insure the existence of an e-invoice
standing order agreement in favour of the Club.
7.4. In case the Member is unable to fulfil any contractual financial obligations due to insufficient information
the Member is first and foremost obligated to obtain the missing information from the Club’s website or
contact the Club as soon as possible to obtain the missing information.
7.5. In case a Member delays with paying any contractual fees, the Club has the right to charge an interest of
0.15% of the amount due for every day the payment is delayed with until the complete amount has been
paid.
7.6. A Member will pay the Membership Fee regardless of the time spent in the Club, including the time
when the Member does not have access to the Club on the conditions stated in article 6.7 of the
Agreement.
8. Order of payments
8.1. When a Member is obliged to simultaneously pay the Club different contractual fees, first, expenses
related to the collection of fees will be covered from the payments made to fulfil duties; second, other
obligations (incl. interests and fines); and finally, the main claims (incl. Joining and Membership Fees).
9. Referral of rights and obligations
9.1. The Club has the right to refer contractual claims against a Member in part or in full to any persons
including collection agents and/or other institutions dealing with claims without separate consent from
the Member.
9.2. In case a legal entity or any other third person pays for a Member or for a Member’s use of the Club, the
consent of the respective person must be presented to the Club in a way accepted by the Club, before an
Agreement can be referred. In the event of any debts, the Club has the right to demand payment of the
fees from the Member as well.
10. Liability
10.1. The Club is responsible to the Member and the Member has the right to use legal remedies against the
Club only if the Club has infringed its obligations intentionally or due to gross negligence. The restriction
of liability does not apply in case of causing a death or damaging the health.
11. Termination of Agreement, On-hold Membership and amendment of Agreement
11.1. The Club has the right to cancel an Agreement extraordinarily without prior notice in case:
11.1.1. the Member’s activity in using the Club poses a danger to themselves or others and the Member
continues with the activity regardless of any reprimands by the Club personnel;
11.1.2. a Membership Card is used by someone other than the Member;
11.1.3. a Member has delayed with the payment of any contractual fees for at least thirty (30) consecutive
days or on more than three (3) times in a calendar year;
11.1.4. a Member has broken the restriction to provide services to third parties (incl. other Members) in the
Sports Club without a written agreement by the Club;
11.1.5. a Member seriously breaches the Agreement or its articles in any other way.
11.2. On the occurrence of a cause to cancel the Agreement as stated in article 11.1. the Club has the right to
demand payment of a penalty fee as stated in the Regulations or Price List and/or apply a lifelong ban on
using the Sports Club(s) with or instead of the cancellation.
11.3. The Club has the right to cancel the Agreement regardless of the reason by notifying the Member two (2)
months in advance.
11.4. A Member has the right to cancel the Agreement extraordinarily without prior notice in case:
11.4.1. the Club severely breaches the Agreement intentionally or due to gross negligence;
11.4.2. it becomes evident that considering all circumstances and interests of both Parties it cannot be
expected that the Member would continue to execute the Agreement until the due date.
11.5. In addition to the grounds established in the Agreement, a Member has the right to cancel the
Agreement extraordinarily without prior notice if the Club severely breaches the Agreement intentionally
or due to gross negligence.
11.6. Cancelling or amending the Agreement and granting On-hold Membership on the grounds stated in the
Agreement will only be enacted according to the procedure, in the form and with the deadlines
established in the appropriate article in the Agreement. An Agreement will not be considered as
cancelled or amended nor On-hold Membership granted if the Member has not fully followed the
procedure for cancelling or amending the Agreement and granting On-hold Membership as stated in the
respective article of the Agreement.
11.7. The Club has the right to ignore any expression of will concerning the cancelling or amendment of the
Agreement and granting On-hold Membership if it has not been formalized properly.
11.8. Cancellation of the Agreement or presenting a Penalty Fee claim do not limit or exclude the Club’s right
to demand the Member to pay any contractual fees and/or recover any damages.
12. Notifications
12.1. If not otherwise stated in the Agreement, the Club will refer any notifications in connection with the
Agreement, General Conditions, Regulations and Booking Rules and any other correspondence to the
Member based on the contact information stated in the Agreement, primarily to the e-mail address
stated in the Agreement.
12.2. Notifications and other correspondence will be considered as delivered to a Member once five (5)
calendar days have passed since the referral.
12.3. A Member is obliged to immediately inform the Club of any changes in personal data or contact
information.
12.4. The Club will post all general announcements on its website.
13. Applicable law and settlement of disputes
13.1. In any issues not regulated in the Agreement, the Parties will follow legislation valid in the Republic of
Estonia.
13.2. All disputes arising from or connected to the Agreement will be settled by negotiations and in case of
failure to reach agreement the disputes will be settled at Harju County Court in accordance with the
legislation of the Republic of Estonia.
14. Confidentiality
14.1. If not otherwise stated in the Agreement, the Parties shall not reveal any information about the signing
and conditions of the Agreement to third parties.
15. Processing of personal data
15.1. By signing the Agreement, a Member gives their consent to processing and disclosing their personal data
on the basis of the conditions in the Agreement.
16. Final provisions
16.1. The Club has the right to hold campaigns with discounts applicable only during the campaign period and
to persons who meet the requirements stated in the campaign conditions.
16.2. The conditions of a campaign are mostly applicable to new members and the Club has the right to refuse
signing an Agreement if there is doubt that the person has cancelled an Agreement for the sole reason or
main calculation of gaining benefits from the campaign.
16.3. In case of changes in taxes or rates the Club has the right to change all fees in the Agreement in
accordance with the change in the taxes or rates informing the Member at least thirty (30) days in
advance. The club will not inform the Member of the reduction of any fees.