Public contract
(Public offer agreement)
on the provision of services
ENVIL SPORT Limited Liability Company(hereinafter referred to as the Contractor) offers individuals and/or legal entities (hereinafter referred to as the Customer) to receive sports and recreational services provided for in this Agreement.
This agreement, as well as its annexes, are public in accordance with Articles 633, 641 of the Civil Code of Ukraine and its terms are the same for all Customers, the acceptance of which constitutes acceptance of this offer by the Customer, for which the Contractor publishes this agreement on the following:
1. Subject of the Agreement
1.1 Under the terms of this Agreement, the Contractor undertakes to provide the Customer with a range of sports, health and other services in accordance with the category chosen by the Customer (hereinafter referred to as the “Services”) in the sports and fitness club “BeRest”, located at: Kyiv, 55-A Beresteysky Ave. The Annexes to the Agreement are an integral part of the Agreement.
2. Procedure for the provision of services
2.1 Under this Agreement, the Contractor shall provide the Services to the Customer at the BeRest Sports and Fitness Club (hereinafter referred to as the Club). The Services are provided to the Customer by the Contractor according to the category. The category determines the Customer’s access to specific Services provided by the Contractor at the Club.
2.2 The procedure and commencement of the Services shall be determined by the Agreement and the Club Rules (hereinafter referred to as the “Rules”) set forth in Appendix 1, which is an integral part of the Agreement.
2.3 The Contractor shall provide the Customer with access to the mobile application, the validity period (period of use) of which is, at the Customer’s option, 1 (one) year, 6 (six) calendar months, 3 (three) calendar months or 1 (one) calendar month from the date of its activation. After the expiration of the access to the application, it is considered that the Services have been consumed by the Customer, and the Contractor has provided the Services in full (including additional services: free and commercial).
2.4 The Customer may purchase additional commercial services of the Contractor for a fee by paying during the term of this Agreement.
2.5 The schedule of visits to the Club by the Customer shall be set in accordance with the selected category and the Rules (Appendix No. 1 to the Agreement).
2.6 Under this Agreement, the Customer has chosen the appropriate category of access to the Club’s services.
2.7 Immediately after the conclusion of the Agreement, the Customer is obliged to undergo the appropriate registration procedure at the Club: filling in the Customer’s data in the Questionnaire, taking a photo, and obtaining access to the mobile application (in the Sales Department).
2.8 For the proper execution of the Agreement, the Customer, upon acceptance of the Agreement, shall provide the following information about himself: passport data, address of registration of residence, contact numbers, e-mail address. With the consent of the Customer, the Contractor shall inform him/her about the planned events, promotions, etc., including via mobile and Internet communication. In case of changes in the data provided at the conclusion of the Agreement, the Customer shall notify the Contractor, otherwise, the Contractor shall not be liable for the Customer’s failure to receive information.
2.9 An open mobile application with a temporary password is a pass to the Club, presented at the central reception. In case of loss of access, the Customer is obliged to restore it.
2.10 The Contractor reserves the right to change the hours and days of visits, and (or) to limit the period of visits, as well as to restrict access to the Club premises. In such cases, the Contractor shall notify the Client thereof by posting a corresponding warning 1 (one) day prior to the planned changes and restrictions on the Club’s notice board, and (or) by any other means of notification.
2.11 The Rules, which, inter alia, contain a list of Services for the respective categories of services (Appendix No. 1 to the Agreement), shall be approved by the Director of the Contractor. The fact of payment for the services under this Agreement means that the Customer is familiarized and agrees with the Rules and undertakes to comply with them, and in case of their violation or non-fulfillment, to bear responsibility in accordance with the Agreement, the Rules and (or) the current legislation of Ukraine.
2.12 The scope and types of Services, the schedule of visits to the Club by category are set out in Appendix No. 1 to this Agreement.
2.13 If, after acceptance of this Agreement and/or after activation of the mobile application by the Customer, the Customer unilaterally withdraws from the Agreement or terminates it early, the funds paid by him/her in accordance with Article 5 hereof shall not be refundable under any circumstances.
2.14 The Parties agree that this Agreement in whole or any part thereof corresponds to the free will of the Parties and cannot be recognized as not meeting the interests of both Parties.
3. Rights and obligations of the parties
3.1 The Customer has the right to:
3.1.1 demand proper treatment and respect from the Contractor’s employees;
3.1.2 receive the Services on the terms and in the manner prescribed by this Agreement and the Rules in accordance with the category selected by the Customer;
3.1.3 order additional commercial Services in accordance with the Rules (Appendix No. 1), which are subject to additional payment;
3.1.4 receive explanations regarding the terms of this Agreement and interpretation of the Agreement and the Rules;
3.1.5 require the Contractor to fulfill its obligations under this Agreement;
3.1.6 receive any non-confidential information regarding the Club’s activities;
3.1.7 to pre-trial and fullest possible settlement of disputes that may arise during the performance of this Agreement and to take all possible pre-trial measures to resolve the issues raised;
3.1.8 in agreement with the Contractor, increase the volume of Services. In this case, the Customer shall be obliged to make the appropriate additional payment;
3.1.9 receive information about the current Rules or their changes upon prior request of the Customer or by notifying the Customer by the Contractor by posting this information on the Club’s notice board.
3.2 The Customer undertakes to:
3.2.1 pay in advance and in full the cost of the Services under this Agreement, which are provided for and correspond to the category chosen by the Customer;
3.2.2 visit the Club in accordance with the Club’s working hours, in accordance with the category specified in the Rules (Appendix No. 1);
3.2.3 treat sports and other equipment, additional equipment and other property of the Contractor with care and care;
3.2.4 bear responsibility, including material and non-material, for damage caused to the property of third parties, as well as responsibility for their actions while visiting the Club, including responsibility for damage caused by the Client or persons for whom they are responsible;
3.2.5 bear responsibility, including material and non-material, for their actions during visits to the Club, for damage (including moral damage) caused to the Contractor, its property, the Club, employees and visitors of the Club, and (or) bear responsibility for damage to the business reputation of the Contractor, the Club, honor and dignity of employees and visitors of the Club;
3.2.6 during the first visit to the Club, to undergo an initial briefing with the coach (administrator) and receive his/her advice on the rules of conduct on the territory of the Club, as well as receive recommendations for physical education and sports activities on the territory of the Club;
3.2.7 during the initial personal training session at the Club, notify the Club employees of the presence of diseases, health status and peculiarities of the Customer’s body. The Contractor shall not be liable for the negative impact of training on the health and life of the Client;
3.2.8 parents (other legal representatives) are obliged to notify the Club employees of the presence of diseases, health status and body characteristics of children attending the Club. The information received from the Customer shall be recorded by the Club and stored in its club file. The Contractor shall not be liable for the negative impact of training on the health and life of children attending the Club;
3.2.9 during the entire term of this Agreement, notify the Club’s staff in writing of any changes in their health and the health of their children attending the Club;
3.2.10 comply with all the terms and conditions of this Agreement, the Rules and other annexes to the Agreement.
3.3 The Contractor has the right to:
3.3.1 require the Customer to pay the cost of the Services in accordance with the Contractor’s price list;
3.3.2 require the Customer to comply with all terms and conditions of the Agreement, Annexes to the Agreement and the Rules (Annex No. 1);
3.3.3 in case of violation by the Client of the terms of this Agreement and/or the Rules of the Club, take all necessary measures to ensure that the latter leaves the premises of the Club, for which the Client shall pay a fine for such violations in favor of the Contractor in accordance with the current price list of the Contractor, and in case of repeated violation of the terms of this Agreement and/or the Rules by the Client, deprive him/her of the right to visit the Club (terminate the Agreement unilaterally) without refunding the cost of the Services paid under this Agreement to the Client. In this case, the Contractor shall cancel access to the Club’s mobile application;
3.3.4 not to allow the Customer to enter the premises of the Club if the appearance of the Customer gives the Contractor’s employees reason to believe that the latter is intoxicated or under the influence of any narcotic substances or under the influence of medications, if this affects the behavior, reaction and consciousness of the Customer, and if the circumstances listed in this clause of the Agreement are obvious to the Contractor’s employees or are certified and confirmed by an ambulance crew or a doctor of the relevant medical unit;
3.3.5 unilaterally suspend the provision of Services to the Customer in case of a single gross or repeated violation of the terms of this Agreement and/or the Rules. The Contractor’s right to suspend the provision of the Services shall arise from the moment of detection of the fact of violation by the Customer of the terms of this Agreement and/or the Rules;
3.3.6 the parties have agreed that sending a registered letter with notification to the Customer at the address specified in the Customer’s Questionnaire, which was filled out in the Contractor’s sales department, will be considered a proper notification;
3.3.7 at its sole discretion, refuse to extend the validity period of the Mobile Application;
3.3.8 demand from the Customer to compensate for the losses and damage caused by him/her (material damage and non-pecuniary damage) in favor of the Contractor or in favor of the Club’s employees (as the case may be);
3.3.9 in the event of force majeure circumstances (force majeure), suspend the provision of Services for the period of such circumstances, if possible, or suspend the validity of the Customer’s Club card for the duration of such circumstances until the date of termination of force majeure;
3.3.10 expand the Club Services (including the introduction of new categories and types of Club cards) without the consent of the Customer;
3.3.11 make changes to the current schedule of group lessons, change their types, types, total number and number of free and commercial lessons, as well as replace the declared instructor;
3.3.12 in case of an increase in the number of visitors to group classes, the Contractor reserves the right to impose restrictions on pre-registration;
3.3.13 determine and change the coaching staff at its discretion;
3.3.14 terminate the Agreement early without a refund of the funds paid under this Agreement, in case of detection of the fact of payment in cash for additional services on the territory of the Club not through the Club’s cash desk;
3.3.15 reserves the right to change the types and types of additional services, the cost of commercial services during the term of this Agreement;
3.3.16 reserves the right, at its sole discretion, to determine the music and video sequences broadcast throughout the Club;
3.3.17 to establish and maintain an appropriate temperature regime throughout the Club (gym, group training room, personal training room, saunas, locker rooms, etc.) without the consent of the Client;
3.3.18 to change the exterior and interior of the Club throughout the territory of the Club to its own taste without the consent of the Client;
3.3.19 provide the Club with technical equipment at its discretion (plumbing, carpentry equipment, technical and fitness equipment, audio and video equipment, etc;)
3.3.20 provide the Club with basic consumables in the required quantity, chosen at its discretion (color, texture, size, manufacturer) without the consent of the Customer: towels, bathrobes, sheets, special shoes, sunscreen, etc;
3.3.21 set technological breaks up to four times a day when the Customer uses the Contractor’s equipment and all types of saunas;
3.3.22 cancel unused additional commercial Services, in case of incomplete use of such Services, after the expiration of the clip card under which additional commercial Services are purchased;
3.3.23 other rights provided for by this Agreement and the current legislation of Ukraine.
3.4 The Contractor undertakes :
3.4.1 to confirm the Customer’s right to visit the Club, to issue and provide the Customer with access to the mobile application in the category and type selected by the Customer in accordance with this Agreement and activate it in accordance with the established procedure and time limit specified in Article 4 of the Rules;
3.4.2 provide the Customer with the Services paid for by the Customer in accordance with the category selected by the latter;
3.4.3 provide certain additional commercial Services to the Customer for an additional fee (in case these Services do not fall into the category).
4. Liability of the parties and dispute resolution
4.1 All disputes that may arise in connection with the performance of this Agreement or related to it shall be resolved through negotiations between the Parties or their representatives. If the dispute cannot be resolved through negotiations, it shall be resolved in court in accordance with the established jurisdiction and jurisdiction of such dispute in the manner prescribed by the current legislation of Ukraine.
4.2 For violation of the terms of this Agreement, the Parties shall be liable as set forth in this Agreement, its annexes and the current legislation of Ukraine.
4.3 The Parties shall not be liable for breach of their obligations under this Agreement if it occurred through no fault of their own. A party shall be deemed innocent if it proves that it has taken all measures in its power to properly fulfill its obligation.
4.4 The Customer shall bear full financial responsibility for damage and losses caused to the equipment and other property of the Contractor.
4.5 The Contractor shall not be liable for any negative consequences that may occur if the Customer has health contraindications for receiving the Services.
4.6 The Contractor shall not be liable for the Customer’s health and possible injury in the following cases:
4.6.1 if the Client violates the rules of visiting the Club’s territory;
4.6.2 if the Client trains independently;
4.6.3 if the Client violates the recommendations of the medical report;
4.6.4 for injuries sustained outside the territory of the Club;
4.6.5 for injuries caused by illegal actions of third parties;
4.6.6 for injuries and health deterioration caused by the fault of the Client on the territory of the Club.
4.7 The Contractor does not accept the Client’s belongings for storage, but only provides the Client with places for placing such belongings (cabinets, hangers, and for an additional fee – rented lockers in the locker room). The keys to such lockers shall be handed over to the Customer. The Contractor shall not be liable for any lost or otherwise damaged items, including valuables, of the Customer.
4.8 The Contractor shall not be liable for the actions of third parties who are not its employees.
4.9 The Parties undertake mutual obligations to maintain confidentiality with respect to information received during the conclusion and performance of this Agreement, including information about the Customer’s health status. The transfer of this information to third parties or other disclosure may be made only with the written consent of the other Party or in cases provided for by applicable law.
5. Cost of services and payment procedure
5.1 The cost of the Services under this Agreement is determined on the basis of the approved price list corresponding to the selected category.
5.2 The Customer shall pay the cost of services under this Agreement on the day of acceptance of this offer to the Agreement in cash or by bank transfer.
5.3 Confirmation of payment by the Customer for the Services under this Agreement is any payment document or payment receipt issued to the Customer confirming the payment of funds under this Agreement.
5.4 The funds paid by the Customer in accordance with the first paragraph of Article 5 hereof shall not be refunded.
6. Force majeure
6.1 The Parties shall not be liable for non-fulfillment or improper fulfillment of the terms of this Agreement, if such non-fulfillment or improper fulfillment is the result of force majeure.
6. 2 The Parties agree that force majeure circumstances include, but are not limited to: natural disasters; epidemics; wars; armed conflicts; fires in the buildings (or parts thereof) where the Club is located; decisions of state authorities that prevent or make it impossible for the Contractor to fulfill its obligations under this Agreement and/or significantly worsen the position of the Contractor compared to the terms of this Agreement, and/or which, in the opinion of the Contractor, cause the Customer a significant negative impact on the performance of this Agreement; situations that significantly affect the Contractor’s inability to fulfill its obligations under this Agreement; early termination of the Premises Lease Agreement and the Premises Sublease Agreement for reasons beyond the Contractor’s control, where the Club is located, actions of the owners of the premises where the Club is located; repair and maintenance works in the buildings where the Club is located, accidents in the water supply, sewage, power supply and air conditioning systems – if it happened through no fault of the Contractor; actions of third parties that have led to the absence or deterioration of utilities; actions of third parties in all other cases and all other events, the occurrence, development and (or) termination of which does not depend on the will of the Parties.
6.3 The Party that cannot fulfill its obligations under the Agreement shall notify the other Party in writing not later than five (5) days of the occurrence of force majeure and the termination of its obligations.
6.4 For the period of existence of force majeure circumstances, the Party affected by such circumstances shall be released from the obligations under this Agreement. The Contractor shall not be liable for the negative consequences and other circumstances listed in this Article of the Agreement, the occurrence of which is beyond the will of the Contractor.
7. Term of the Agreement, amendments and termination
7.1 This Agreement shall enter into force on the day the Customer pays for the Services under this Agreement, and the Contractor’s obligations to provide services to the Customer shall arise from the moment of activation of access to the Club’s mobile application and shall be valid for the period specified in clause 2 of this Agreement.
7.2 Access to the mobile application is activated in accordance with Art. 4. Appendix No. 1 to this Agreement.
7.3 This Agreement may not be terminated by unilateral withdrawal from it, except as provided for in clause 2.14 of Article 2, sub-clauses. 3.3.3, subpara. 3.3.14 of Article 3.3 of this Agreement.
7.4 In case of early termination of this Agreement at the initiative of the Contractor and for the reasons specified in sub-clauses. 3.3.3, subpara. 3.3.14 of Article 3 of this Agreement, it is considered that the Customer has received all the Services (including additional free and additional commercial ones), and the Contractor is considered to have provided them properly in full.
8. Other terms of the Agreement
8.1 If the Customer does not visit the Club, does not use his/her mobile application or does not use it in full due to pregnancy, business trip, illness and/or for any other reason, the validity period of the access shall not be changed and the expiration date shall not be postponed, and accordingly, the funds paid by the Customer under this Agreement shall not be refunded, unless otherwise provided for in this Agreement.
8.2 The Customer’s vehicles may be parked during their stay at the Club, subject to availability, in the territory near the Club in accordance with the procedure specified in the Rules.
8.3 By entering into this Agreement, the Customer declares that he/she is aware that the fact of entering into this Agreement means that:
а) The Customer consciously agrees to all the terms and conditions of the Agreement; b) the Customer is familiar with the Contractor’s tariffs and the price of the Services under this Agreement is fully satisfactory; c) the Customer’s health condition allows him/her to use the Contractor’s Services in accordance with this Agreement, and that the Customer has no contraindications to sports in general and physical activity in particular; d) the Customer agrees to receive SMS messages and e-mails with information and news from the Contractor. In case of the Customer’s refusal to receive such information, the Customer shall provide the Contractor with a written refusal to receive the Contractor’s messages; e) The Customer gives the Contractor his/her consent to the processing and use of his/her personal data (passport data, identification number, address of residence registration, mobile phone number and e-mail address, health information) and their inclusion in the personal data base “Clients” in accordance with the Law of Ukraine “On Personal Data Protection” solely for the purpose specified in this Agreement and within the framework of the Contractor’s compliance with the requirements of the legislation of Ukraine. The Customer is familiarized with the rights that he/she has in accordance with the content of Article 8 of the Law of Ukraine “On Personal Data Protection”; f) in order to avoid theft of personal belongings of the clients, the Club has video surveillance. By signing this Agreement, the Client agrees to video recording at the Club in accordance with the requirements of the legislation of Ukraine.
8.4 The Contractor shall be a general income tax payer and a value added tax payer.
8.5 Annexes to the Agreement:
9. Details and signatures of the Parties
Contractor
Envil-Sport LLC
Legal address: 17 Semena Skliarenka St., Kyiv, 04073, Ukraine
EDRPOU code 34839798
UA973204780000026007924943055 in JSB “Ukrgasbank”
MFO320478
Director ________________ Skiba D.O.
Appendix #1
CLUB RULES
of the sports and health club “BeRest”
1. Cards and services of the BeRest club
1.1 The Club Mobile Application is a software product that is downloaded to a mobile device with any operating system installed, access to which gives the Customer the right to use the Services of the BeRest Sports and Fitness Club.
1.2 The “BeRest” Club is a club-type sports and recreation complex, which is part of the Contractor’s structure, the purpose of which is to promote the satisfaction of cultural leisure (cultural needs) of the Club card holders (the Customer).
1.3 As of the date of conclusion of the Agreement for the use of the Contractor’s Services in the BeRest Sports and Fitness Club (hereinafter referred to as the Club), the Customer is offered access categories: “BLACK CARD”, “PURPLE CARD” and “WHITE CARD”.
1.4 Services provided by the Contractor for individual access categories “BLACK CARD”:
1.4.1 The BLACK CARD access category provides access to the Club for the Customer according to the following schedule:
1.5 Services provided by the Contractor under individual access categories “WHITE CARD”:
1.5.1 The WHITE CARD access category provides access to the Club for the Customer according to the following schedule:
1.6 Послуги, які Виконавець надає за індивідуальними категоріями доступу «PURPLE CARD»:
1.6.1 The access category “PURPLE CARD” provides access to the Club for the Customer according to the following schedule:
1.7 Additional commercial services provided by the Contractor to all types of categories:
Additional commercial services are provided at the request of the Customer for an additional fee. Additional commercial services are not included in the services of access categories. List of such additional commercial services:
2. General rules
2.1 Any individual who has reached the age of 18 or a legal entity may become a member of the Club by signing the Agreement with the Contractor and paying the cost of the selected access category. Minor children aged 16 to 18 have the right to accept the Agreement with the Contractor only with the written consent of their parents (or other legal representatives).
2.2 Children between the ages of 12 and 16 may attend the Club only in the presence of a personal trainer, and the parents (or other legal representatives) must provide the Contractor with a written consent that they are fully responsible for the child during his/her stay at the Club.
2.3 Payment for the Services is accepted in cash and non-cash in the national currency of Ukraine (hryvnia), by credit or deposit cards or in the form of a deposit.
2.4 The cost of the Services by the Access Categories listed in Section 1 of these Rules and the cost of additional Services shall be determined in accordance with the Contractor’s price list.
2.5 The Customer, simultaneously with the acceptance of the Agreement and the Club Rules, is obliged to undergo the appropriate registration procedure in the Club: filling in the Customer’s data in the Questionnaire, taking a photo, and registering access in the application.
2.6 For the proper execution of the Agreement, upon its conclusion, the Customer (individual) is obliged to provide the following information about himself: passport data, address of residence registration, contact numbers, E-mail address. Acceptance of the Agreement and Appendix No. 1 to the Agreement constitutes the Customer’s consent to inform him/her about planned events, promotions, etc., including via mobile and Internet communications. In case the Customer refuses to receive such information, the Customer shall provide the Contractor with a written refusal to receive the Contractor’s messages. In case of changes in the data provided at the conclusion of the Agreement, the Customer shall notify the Contractor, otherwise, the Contractor shall disclaim any liability for failure to receive the above information by the Customer.
2.7 In exceptional cases, once during the validity of access to the services, the annual Access Category may be re-issued to another person with the consent of the Contractor at the Club administration. Re-registration is possible no later than 2 months before the expiration of the Agreement. A new Access Category shall be issued upon a written request of the Customer after payment for the Contractor’s services for re-registration of access according to the Contractor’s price list effective as of the date of re-registration.
2.8 The use of the mobile application and access to it beyond its validity period is not allowed.
2.9 The mobile application is a pass to the Club and is presented at the central reception of the Club.
2.10 After registration, checking the temporary code at the central reception of the Club, the Customer receives a bracelet, which is the key to the locker in the locker room.
2.11 Upon expiration of the time of visiting the Club, the Client is obliged to empty the locker in the locker room, the locker, and hand over the locker bracelet to the administrator at the central reception of the Club.
2.12 The Customer is obliged to confirm his/her departure from the Club by handing over the bracelet to the administrator at the central reception of the Club
2.13 In case of loss, destruction or damage to the bracelet, which is the key to the locker room, wardrobe number or any other inventory of the Contractor, the Client shall be obliged to inform the administrator of the central reception of the Club and pay the Contractor compensation in accordance with the Contractor’s price list in force on the date of the Client’s application.
2.14 The Customer has the right to rent a locker in the Club’s locker room for a period of one month at prices according to the Contractor’s price list. The locker shall be rented by one person. Upon expiration of the locker rental period and failure to pay the rent for the next month within 2 (two) business days from the date of expiration of the locker rental period, the Customer shall immediately remove his personal belongings from the locker. Otherwise, the Customer’s belongings shall be withdrawn, as evidenced by an act, and transferred for safekeeping to the Club’s central reception. The withdrawn items shall be stored for 1 month from the date of withdrawal, and if the Customer does not take the withdrawn items, they shall be disposed of, as evidenced by a relevant act. When renting lockers in the locker room, the Contractor does not accept the Customer’s belongings for storage, but only provides the Customer with places for placing such things and is not responsible for any lost or stolen items from the rented locker room, including the Customer’s valuables.
2.15 All lost and forgotten items of the Customer found on the territory of the Club shall be stored at the central reception of the Club in the box “Lost and forgotten items” within 7 (seven) calendar days from the date of discovery. Upon expiration of the storage period, the items shall be disposed of.
2.16 The Client is obliged to leave the premises of the Club no later than the established closing time of the Club and in accordance with the access category specified in clause 1.4. and clause 1.6. of this Appendix.
2.17 In case of untimely departure of the Customer from the Club, the Customer shall pay the Contractor a fine of UAH 500 (five hundred) for each such case.
2.18 In case of detention of the Customer in the Club for more than 40 minutes after its closing, the Customer shall pay the Contractor a fine of UAH 1000 (one thousand) for each such case.
2.19 The Contractor reserves the right to change the Club’s working hours, which the Club’s administration shall notify the Customer one day before the date of the relevant changes in the schedule by posting a corresponding announcement on the Club’s notice board or in the application.
2.20 The temporary code from the open mobile application shall be presented to the Club administration when the Customer visits the Club. The Club staff has the right to require the Customer to present a document proving his/her identity, and in case of discrepancy between the data of the person specified in the document and the data specified in the application, the Club representative has the right to restrict access to the application until all the circumstances are clarified, which is documented in an act. One of such copies shall be provided to the person who has presented the inappropriate temporary code. If the Customer comes to the Club without the application activated on the mobile device, the Customer shall not be allowed to enter the Club premises.
2.21 The Contractor reserves the right to change the cost of additional commercial services during the term of the Agreement.
2.22 The Customer may purchase from the Contractor the following clip cards for additional commercial services in accordance with the Contractor’s price list. Purchased additional commercial services that are not used before the expiration of the clip card are considered used.
2.23 While on the territory of the Club, the Customer is obliged to behave in accordance with the rules of public order, not to disturb other visitors of the Club, to observe cleanliness, order, hygiene, sanitation and fire safety rules. All premises of the Club are non-smoking areas.
2.24 In addition to the existing prohibitions provided for by the applicable law, the Client is prohibited from performing the following actions in the Club premises:
2.25 The Contractor does not accept the Client’s belongings for storage, but only provides the Client with places to place such things (locker rooms, hangers, and for an additional fee – renting a locker room), while the Contractor shall not be liable for any lost or otherwise damaged items, including the Client’s valuables.
2.26 After the end of the training session, the Client is obliged to vacate the locker in the locker room (exception – renting a locker in the locker room).
3. Rules of conduct of the Client on the territory of the Club:
Gym and group training room
3.1 In order to avoid injuries and unforeseen situations, it is recommended to work out in the gym only after the initial familiarization with the equipment and inventory (conducted during the first training session with a professional instructor). The Contractor shall not be liable for the negative impact of training on the health and life of the Customer.
3.2 Entrance to the training area (gym, group training room, personal training room) is possible only in sports changeable clothes and shoes. It is not allowed to exercise in the gym barefoot, in flip-flops, slippers, jeans, with a naked torso, in bathing suits.
3.3 It is recommended to use a fitness towel while working on the machines.
3.4 For the safety of the Client, free weight exercises shall be performed exclusively with a personal instructor or an adult partner.
3.5 The Client of the Club who has purchased the service of a personal instructor by making a cashless payment for his/her services shall receive a receipt at the central reception of the Club before the start of the training and present the receipt to the instructor. In case of detection of the facts of payment for the personal trainer’s services in cash other than through the cash desk, the Agreement with the Customer shall be terminated by the Contractor unilaterally ahead of schedule, and the funds paid under the Agreement shall not be refunded to the Customer.
3.6 Clients may use the services of the Club’s instructors only. Personal training by other Clients or instructors of other clubs is not allowed.
3.7 The Customers may cancel or reschedule the ordered (booked) service by notifying the Club administration no later than 3 (three) hours before the appointed time of its receipt. In case of violation of the specified period, the service is considered to be received and is subject to payment.
3.8 The Customer has the right to invite his/her friends and relatives by paying for guest visits. In this case, the Customer shall be liable for non-compliance with the rules of visiting, unpaid checks of their guests, as well as for misuse and damage to the equipment and property of the Club by their guests.
3.9 The use of mobile phones and perfumes with pungent and/or trailing odors on the training grounds is prohibited.
3.10 After training, the Client is obliged to remove barbells, dumbbells and other loose equipment and gear.
3.11 It is not allowed to be in the boxing and martial arts areas during personal training.
3.12 It is not allowed to hit a punching bag in shoes.
3.13 The Contractor shall not be liable if the cause of damage to the Customer’s health was a violation of the rules of work in the gym.
3.14 When choosing group classes and aerobics classes, the Customer shall be guided by the level of their own training. The necessary explanations can be obtained from the Club staff. In order to avoid injuries, the Customer is recommended to attend classes according to the level of training. The Contractor shall not be liable if the cause of damage to the Customer’s health was a violation of the rules of work in the gym.
3.15 If the Client is more than fifteen (15) minutes late for a group lesson, the instructor has the right to prevent the Client from attending the lesson.
3.16 After the end of the group lesson, the Customer is obliged to return the sports and fitness equipment to the designated places. The Customer is financially responsible for the loss and damage of the equipment and inventory used by the Contractor.
3.17 The Contractor reserves the right to replace the trainer, make changes to the current schedule of group classes, change their types, types, total number, number of group classes, including commercial classes, as well as to replace the declared instructor. The Contractor shall have the right to change the quantitative and qualitative coaching staff at its discretion.
3.18 The schedule of group programs may change (in the summer, the schedule is reduced), which the Customer is notified of by posting an announcement by the Club administration on the notice board or in the mobile application.
3.19 The Contractor may introduce pre-registration for group classes in case of an increase in the number of visitors to group classes.
3.20 The Contractor shall not be liable for the health and possible injury of the Client on the territory of the Club in the following cases:
SPA-zone
3.21 Before visiting the Spa-zone, as well as after visiting the Spa-zone, the Customer shall take a shower on a mandatory basis.
3.22 When visiting and staying in the Spa-zone, the Customer shall wear a bathrobe, bath towel, swimsuit or a sheet and special shoes (flip-flops).
3.23 The Contractor has the right to refuse to visit the Spa-zone to the Customer who is in a state of alcohol or drug intoxication, as well as in case of malaise, skin diseases, cuts, medical bandages and adhesive plasters.
3.24 Parents or other legal representatives are responsible for the well-being and behavior of children of any age on the territory of the Spa-zone). Children under the age of 16 are not allowed to visit the Spa-zone.
3.25 Shoes must be removed when entering the sauna area.
3.26 The Customer is not allowed to smoke on the territory of the Spa-zone:
3.27 Upon entering the Club premises less than 1 hour before the closing time, the Club staff shall remind the Customer of the maximum period of stay on the territory of the Club.
3.28 Cancellation or rescheduling of the reserved service shall be made in advance:
3.29 In case of untimely cancellation or rescheduling, such services shall be deemed to be provided in full and shall be paid by the Customer by withdrawing funds from the Customer’s Club Deposit Account, and payment for them shall not be refunded.
3.30 Delay for any reserved Service for more than 5 (five) minutes is not allowed. If the time of delay established in this clause of the Rules is exceeded, the Service shall be deemed received by the Customer in full, and its provision shall not be postponed to another time under any circumstances, except as expressly stated above.
3.31 The Contractor shall set the schedule of the Spa-zone and shall have the right to change it without the consent of the Customer In case of changes in the schedule of the Spa-zone, the Contractor shall notify the Customer by posting a corresponding notice 1 (one) day before the planned changes on the Club’s notice board, and (or) by any other means of notification.
4. Activation and suspension of access to the mobile application
4.1 Activation (determination of the beginning of the validity period) of the Customer’s mobile application shall be carried out at the time of the first visit to the Club.
4.2 The maximum period of suspension of access to the application shall be determined in accordance with the category selected by the Customer. The Customer shall suspend access directly through the mobile application. At the request of the Customer, the maximum period of access suspension may be divided into separate periods depending on the category.
4.3 The access category selected by the Customer to visit the Club shall be activated as follows:
5. Responsibility
5.1 In case of loss, damage, or non-return by the Customer of the sports equipment and other property of the Contractor used by the Customer while receiving the Services, the Customer shall compensate the Contractor for the cost of the lost, damaged or spoiled property in accordance with the Contractor’s price list on the day of discovery of the fact of loss, damage, or non-return of the property.
5.2 The Contractor shall have the right, in case of violation by the Client of the terms of the Agreement and/or the Rules of the Club, to take all necessary measures to ensure that the latter leaves the premises of the Club, for which the Client shall pay a fine for such violations in favor of the Contractor in accordance with the current price list of the Contractor, and in case of repeated violation of the terms of the Agreement and/or the Rules by the Client, to deprive him/her of the right to visit the Club (unilaterally terminate the Agreement early) without refunding the cost of the Services paid under the Agreement to the Client. In this case, the Contractor shall cancel the Customer’s access to the Services.
5.3 The Contractor shall have the right to unilaterally terminate the provision of the Services to the Customer in case of a single gross or repeated violation of the terms of the Agreement and/or the Rules. The right of the Contractor to terminate the provision of the Services arises from the moment of detection of the fact of violation by the Customer of the terms of the Agreement and/or the Rules.
5.4 The Customer declares that:
6. Rules for parking the Customer’s vehicles
6.1 The Customer’s vehicles shall be parked exclusively in the parking spaces for the designated placement of the Club’s vehicles in accordance with the Traffic Rules of Ukraine.
6.2 The Customer shall park the vehicles in the underground parking only in the parking spaces marked with the BeRest logo, which are free at the moment of entering the underground parking. It is strictly forbidden to park the vehicle in all other parking spaces that do not have the BeRest logo.
6.3 The BeRest Sports Club is not responsible for the availability of free parking spaces with the BeRest logo on the territory of the underground parking.
6.4 Entry and exit to the underground parking area is provided for the Club’s clients who have access to the parking lot from 17.00 until the closing time of the Club on weekdays, and from 9.00 until the closing time of the Club on weekends and holidays.
6.5 The Contractor shall not be liable for the negative consequences of the operation of the vehicle placement registration program, which arise through the fault of third parties. In case the Contractor is unable to provide the Customer with the parking service in the underground parking lot, the Customer shall be notified in writing by means of an announcement at the central reception of the Club.
6.6 It is prohibited to:
6.7 Liability and penalties:
6.7.1 The Contractor, the Club, the Complex, the Security Service of the Complex are not responsible for any damage or loss of vehicles and items inside or outside them, and do not reimburse the owners of vehicles for the losses incurred by them.
6.7.2 The Contractor, the Club, the Complex, the Security Service of the Complex shall not be liable for injuries or death of any person caused by the actions of vehicle drivers or other persons, or for any other reason.
6.7.3 The Customer shall be liable for violation of the Rules for Vehicle Parking on the territory of the Complex:
6.7.4 For the placement of the vehicle in the underground parking spaces that are not marked with the “BeRest” logo, the Customer shall pay the Contractor a fine of 500 (five hundred) UAH. 00 kopecks for each such violation.
Director
Envil-Sport LLC D.O. Skiba