General Terms and Conditions of Sale – Subscription Agreement
1. APPLICATION OF GENERAL CONDITIONS
1.1. These general conditions govern the contractual relationships between BODY FACTORY and the subscriber. Subscribing to a membership implies the subscriber’s full and unconditional adherence to these general conditions, to the exclusion of any other commercial documents.
1.2. No special condition or document can prevail against the general conditions, unless formally and in writing accepted by BODY FACTORY. Any contrary conditions posed by the subscriber will therefore be unenforceable against BODY FACTORY unless expressly accepted.
2. PRICES AND DURATION
2.1. This subscription cannot be transferred or assigned to anyone.
2.2. The duration of the subscription is indicated in the membership agreement and includes a minimum commitment period of 12 months. After this minimum period, the subscription continues for an indefinite duration with monthly payments at the agreed tariff, subject to termination of the subscription as described in paragraph 4. Regardless of the day of registration, the commitment period ends on the last day of the calendar month.
2.3. The prices indicated in this contract correspond to the rates practiced by the club and displayed at the reception at the time of the contract’s acceptance by the subscriber. Prices are inclusive of VAT, corresponding to the total amount of net prices to which the applicable VAT is applied, BODY FACTORY reserving the right to pass on any new taxes and rate increases as soon as they take effect.
As for the monthly payment of the member, the agreed monthly price in this contract will remain unchanged as long as the membership is paid regularly and all fees are up to date.
2.4. The subscriber has access to BODY FACTORY club from Monday to Friday during the hours practiced within the club, from 8 AM to 10 PM and from 10 AM to 6 PM on weekends. These hours may be extended.
The club will be closed for 10 days during the week of August 15th.
3. PAYMENTS
3.1. On the day of signing this contract, the subscriber will pay the fee for the current month and cannot hold UNITY FACTORY responsible in case of a prorated amount for the remaining days. For any registration from the 29th of the month, the next month’s fee may be collected. In addition to the amount payable on the day of registration, the subscriber will also have to pay the registration fees indicated in the contract, which correspond to the rates practiced by the club at the time of contract acceptance and displayed at the entrance of the club.
3.2. In the case of monthly payments, fees are due on the first day of the month.
4. TERMINATION
The contract cannot be terminated before the end of the agreed minimum commitment period of 12 months. Termination will take effect upon receipt of the requested documentation. This termination will be effective upon sending a registered letter, with a notice period of 30 days starting from the first day of the month following the receipt of the registered letter. If termination occurs during a suspension period of the subscription, the monthly fee will be charged at the full normal rate that the subscriber contracted.
5. REGISTRATION FEES
The registration fees are represented by a membership card that will be issued to the subscriber. The amount of this membership card is indicated on the front of this contract. The registration fees are due only once at the time of registration. These fees are non-refundable for any reason, especially upon termination.
The membership card must be returned to the club at the end of the 30-day notice period at the end of the validity of the membership contract.
This card is personal and non-transferable, and it is attached to the membership contract.
Any replacement of the card, whether lost or damaged, will incur an additional charge of €15.
6. HOURS
From Monday to Friday, the hours are from 8 AM to 10 PM, with the last reception at 9 PM.
On weekends, the hours are from 10 AM to 6 PM, with the last reception at 5 PM.
During July, the club closes at 9:30 PM on weekdays and at 5:30 PM on weekends.
During August, the club closes at 9 PM on weekdays and at 5 PM on weekends.
Regular hours resume on September 1st.
7. SUBSCRIPTION TO A MEMBERSHIP
The membership contract is subscribed to following a visit by the subscriber to the Unity Factory club.
8. GROUP CLASSES
Group classes are offered from September to June without interruption. To participate, you simply need to arrive at the reception 15 to 20 minutes before the chosen class; these are “Small Group” formats as per the schedule. To avoid disrupting decorum, access will be denied for any delay exceeding the scheduled start time.
Group classes are limited to 2 different classes per week, or 8 to 10 classes per month.
9. RIGHTS AND OBLIGATIONS
9.1. The subscriber acknowledges having read the internal regulations, which specify, among other things (without limitation), the club hours, activities to which the subscriber is registered, insurance, etc. This internal regulation, attached to this contract and explained to the subscriber before signing, will be displayed at the entrance of the club for the subscriber’s due notice. UNITY FACTORY offers the subscriber, during opening hours, unlimited access to a fitness activity characterized by the availability of appropriate equipment and the opportunity to attend group classes upon request. UNITY FACTORY offers a minimum of weekly group classes (lasting between 30 and 60 minutes). The list of sports activities and additional services reserved for customers, along with their pricing, can be found at the club’s reception.
9.2. Access for members is subject to the mandatory presentation of corresponding magnetic cards, adherence to safety and hygiene instructions, and the internal regulations attached to this contract and displayed at the club’s reception, which the subscriber acknowledges having read thoroughly. Guests are subject to the same obligations as members and are required to sign the internal regulations before entering the club.
9.3. Actions that are considered breaches endangering the safety and/or hygiene of the establishment, which may lead to immediate termination of the subscription as specified in article 4.2, include:
- Lending or transferring the UNITY FACTORY membership card, which is strictly personal;
- Non-compliance with the internal regulations;
- Using the equipment and facilities without adhering to the internal regulations, instructions, and hygiene and safety guidelines from fitness advisors or club managers;
- Conducting any form of business within the club;
- As a subscriber, coaching the physical training of other members within the club;
- Exhibiting behavior that compromises safety and hygiene within the establishment.
9.4. Cardholders must store valuable items (valued over €100) in secure lockers and cannot hold UNITY FACTORY liable for loss or theft.
9.5. The subscriber certifies to UNITY FACTORY that they have been cleared by a physician to engage in physical activity and take all necessary precautions for their health.
9.6. The subscriber benefits from UNITY FACTORY’s civil liability insurance, which they can review at the reception.
9.7. Any person under the age of eighteen must provide parental authorization at the time of registration.
9.8. The establishment is open to individuals aged 16 and older only with parental authorization and a medical certificate.
9.9. In accordance with the provisions of the “Data Protection Act” of January 6, 1978, the subscriber may request UNITY FACTORY to provide information concerning them and to rectify it if necessary. If the subscriber does not wish to receive commercial solicitations from third parties, they simply need to write to UNITY FACTORY, referencing their subscription contract.
10. CIVIL LIABILITY
10.1. In accordance with the provisions of article 37 of the law of July 16, 1984, BODY FACTORY has taken out a liability insurance policy with a solvent company covering any financial consequences it may incur.
10.2. According to article L.321-4 of the Sports Code, the subscriber is informed of the importance of taking out a personal insurance policy covering bodily injuries they may incur while engaging in sports.
11. MISCELLANEOUS PROVISIONS
In accordance with article 46 of the Civil Procedure Code, any disputes arising in connection with this contract shall be submitted, at the option of the claimant, to the court where the defendant resides or to the court where the subscription is executed.
