General Terms and Conditions of discountfit company ltd for Self-Service Fitness Centers
1. discountfit company ag, Warpelstrasse 3, 3186 Düdingen (Company), provides its members (Member, Members, You, Your or Yourself) with cardio and fitness machines, free weight areas and infrastructure (together Machines) for their non-exclusive use during the opening hours of its self-service fitness centers (Center or Centers).
The membership is personal and non-transferrable. Members must be at least 16 years of age; for Members below the age of 18, the consent of their parents or legal guardians shall be required. Your use of the Machines is limited to the duration and/or effective period of the present contract, and at Your own risk and peril. The Company provides no insurance cover for its Members. If You have not practised sports for a longer period, face health problems or have suffered from illnesses, it is advisable to undergo a fitness checkup by a sports medical doctor before entering into this contract. By concluding this contract, You confirm that You do not have any health problems.
2. Upon conclusion of this contract, which occurs either by signing the contract on the data collection tablet available at the centers or by the Company declaring its online acceptance in its webshop, You expressly confirm having read and accepted the contractual provisions (including these General Terms and Conditions; GTC). The Company’s various membership offers are published on www.discountfit.ch but are non-binding. In case of a conclusion of the contract in the Company’s webshop, You shall make an offer to enter into the contract, which is binding on you, by placing an order on www.discountfit.ch. The contract will become effective upon the Company’s declaration of acceptance, which will be sent to You by e-mail. The Company reserves the right to reject applications and/or withdraw from the contract in justified cases.
By entering into the contract, You also confirm how to handle the Machines and to work out without supervision. If not, prior to the first training session, You are asked to book a fee-based lesson, for which the Company assumes no liability and that will be given to You independently.
3. The Company assumes no liability for any loss of Your valuables or other belongings nor damage thereto. The Company also disclaims all liability for injuries or other damage to persons or property You may incur while using the Machines in accordance with the contract unless attributable to defective Machines or the intentional or grossly negligent conduct of the Company and its employees and/or auxiliary personnel. The Company cannot be held liable for the consequences of activities not covered or permitted by this contract.
4. The access medium (badge or app) is a personal, non-transferable ID enabling Members to access the Centers during opening hours. You are not allowed to enter the Centers or spend time there without an access medium. It is also prohibited to bring any third parties into the Centers with You, including children or animals.
If You misuse the access medium (such as by transferring or lending it to third parties, granting access to third parties), You will be charged a contractual penalty of CHF 350.00, and the Company expressly reserves the right to higher damage claims. The Company also reserves the right to report trespassing and other criminal offenses and to ban further access to the Centers. In the event of a misuse of the access medium, the Company may also terminate the contract with immediate effect and confiscate and/or deactivate the access medium, without thereby entitling You to a refund of the membership fee (or any other compensation). Payment of the contractual penalty will not release You from Your obligations under these provisions.
You are allowed to use the lockers provided by the Company only while You are in the Center. The Company is entitled to open lockers that are occupied beyond that period and to remove their contents.
You are entitled to use the parking spaces provided by the Company only while You are in the Center. If You leave Your car in a parking space beyond that period, the Company reserves the right to have it towed at Your expense and to file a police report.
The Company is entitled to issue binding house rules for Members for the relevant Center. In particular, house rules include regulations on the permissible use of the Machines and on safeguarding the rights of other Members. By entering into the contract, You accept both the applicable house rules and the Company’s right to change the house rules at any time. If You fail to comply with the house rules or instructions given by Company personnel within the meaning of clause 7 below, the Company may also, after giving You a prior warning, terminate Your contract with immediate effect and confiscate and/or deactivate Your access medium, without entitling You to any refund of the membership fee (or any other compensation).
6. Eating, smoking and the consumption of alcoholic beverages or other addictive substances is prohibited in the Center. It is also prohibited for Members to bring to the Center any prescription drugs and medication not intended for the Member’s personal use as prescribed by a medical doctor and/or any other substances intended to increase the Member’s physical performance (such as anabolic steroids). It is also prohibited to procure such substances, whether directly or as an intermediary, or to offer or transfer or otherwise make them available to other Members or third parties in the Center, whether for payment or free of charge.
In case of violating this clause, You shall be liable to pay the Company a contractual penalty of CHF 350.00 and the Company may terminate Your contract with immediate effect and confiscate or deactivate Your access medium. The Company expressly reserves the right to higher damage claims. Such termination does not entitle You to any refund of the membership fee (or any other compensation). Payment of the contractual penalty shall not release Members from their obligations under these provisions. The Company also reserves the right to file a criminal complaint.
7. The Company’s personnel shall be entitled to issue instructions to the extent necessary to maintain orderly operations and to ensure good order, safety and compliance with the house rules. Such instructions must be followed. During inspections, Members must identify themselves with their access medium.
8. Members expressly acknowledge and consent to being constantly monitored by the Centers’ video-surveillance systems for security reasons. In addition, the Member’s entry and exit times may be recorded electronically for statistical purposes and to ensure authorized access, as well as for reasons of security.
9. The contract between the parties is concluded for a fixed term of 12 (twelve) months (Easy Abo), as from the start date according to the contract.
Upon conclusion of the contract, a one-time processing fee of CHF 30.00 is charged for contract registration. Members are required to store the access medium in a safe place at all times and to promptly notify the Company of theft, loss or any misuse of the medium by sending an e-mail to firstname.lastname@example.org for deactivation. There is a CHF 30.00 fee for issuing a new physical access medium. Activating the electronic access medium is free of charge.
Upon each expiration date, the contract shall be automatically extended by the duration of the original contract period unless either party gives written notice of termination at least 30 (thirty) days prior to said expiration date.
If the contract is entered into in the context of a test period (Test Abo), the Machines may be used free of charge during the test period. The provisions of these GTC shall apply (except for clause 9 paragraph 5 and clause 12 paragraphs 4 and 5), with the proviso that a one-day notice period shall apply during the test period and notice of termination must be e-mailed to email@example.com. The Member shall bear the burden of proof of the Company’s receipt of said e-mail. If notice of termination of the Test Abo is not given during the test period, or not given in a timely manner, then a contract with a fixed term of 12 (twelve) months (Easy Abo) shall enter into force between the parties at the end of the test period in accordance with paragraphs 1 and 2 of this clause 9. Such contract shall be automatically extended by the duration of the original contract period (i.e. by 12 (twelve) months) in accordance with the above provisions unless either party gives written notice of termination at least 30 (thirty) days prior to the expiration thereof (clause 9 paragraph 3).
If the contract is concluded for a term of one month (Flex Abo), it shall commence on the start date according to the contract. In that case, the provisions of these GTC shall apply (except for paragraphs 1, 3 and 4 of this clause 9 and paragraphs 4 and 5 of clause 12), with the proviso that the contract shall be automatically extended by the duration of the original contract period unless either party gives written notice of termination at least 10 (ten) days prior to the expiration thereof (clause 9 paragraph 3).
10. The membership fee shall be due and payable at the time of entering into the contract and, in the case of an express or implied renewal of the contract, at the start of the new renewal. If instalment payments are agreed upon, each instalment shall also be due and payable on the contractually agreed date. In case of payments by credit card, the card specified will automatically be debited in advance. If the debit cannot be made (e.g. because of expiration of the credit card or insufficient funds), You may be sent an invoice for the member fee. If You are in arrears on one (or more) payments, all outstanding amounts and payments for the remainder of the contract period shall become due and payable with immediate effect. In such case, the Company may declare the payment(s) in arrears and the outstanding balance due and payable immediately in a single payment, along with 5% default interest and reminder fees, up to the end of the contract period and/or withdraw from the contract. You shall also be denied access to the Centers from the first day of default until full settlement of the amount due including default interest and reminder fees. The Company reserves the right to confiscate and/or deactivate Your access medium without thereby entitling You to any refund of the membership fee (or any other compensation).
If the agreed payment dates are not met, a fee of CHF 20.00 will be charged for each reminder. Furthermore, the Company is entitled to charge You for damage caused by delay (such as collection costs).
11. Membership fees are subject to change at any time. Modified membership fees shall apply to contract extensions if the Member is notified of the price increase at least 10 (ten) days before the start of the notice period for termination and the Member fails to terminate the contract in a timely manner (see clause 9). Membership fees shall not be changed during the current effective period of the contract without the Member’s consent.
12. Failure to make use of the contractual activities and to use all or part of the Machines shall not entitle You to a refund or reduction of Your membership fee or to termination and shall have no effect on the effective period or duration of the contract.
Members are not entitled to an extension of the effective period of the contract or to a refund or reduction of the membership fee (or any other compensation) or to terminate the contract on the grounds of a temporary impairment or impossibility of use of the Machines for reasons such as cleaning work, overhauls, repairs and remodelling or cases of force majeure or orders by administrative or other authorities. Your use of the Machines may also be impaired or rendered impossible by orders issued by the Company or by administrative or other authorities that require You to display a certificate of health, testing, vaccination or another certificate in order to use the Machines. In such cases, the Company may, at its sole discretion, credit an amount to Your account in compensation for Your loss of use, as a gesture of goodwill. Due to the limited number of vacancies, You hereby agree to accept any waiting periods.
The Company reserves the right to relocate or close individual locations and to modify the operating hours and equipment of Centers. Such measures shall not entitle You to any refund or reduction of Your membership fee (or other compensation) or to terminate the contract.
In case of moving to another municipality, canton or country, a Member holding an Easy Abo may terminate the contract on 30 (thirty) days’ notice, with effect from the end of any calendar month, subject to providing the Company with a confirmation of departure from the old address or of registration at the new address issued by the relevant municipality. Notwithstanding the foregoing, the right of termination is not exercisable unless none of the Company’s Centers is available within a 30 (thirty) km radius from the new place of residence. The membership fee will be refunded pro rata temporis for the remainder of the contract period counting from receipt of the confirmation of change of address less a processing fee of CHF 30.00. Said right of termination does not apply to Test or Flex Abos.
Members holding an Easy Abo may also transfer the contract to a third party, subject to proposing to the Company an acceptable, solvent new Member who will enter into a new contract with the Company under the same conditions, provided that the transferor Member is not in arrears. The Company reserves the right to reject applications in justified cases. The contract transfer shall enter into effect from the start date of the new contract. The new Member will be charged a processing fee of CHF 30.00 for the transfer of membership. The option of transferring the contract is not available in the case of Test or Flex Abos.
13. You are required to keep Your personal information (such as Your name, postal address, e-mail address and means of payment) up to date at all times and promptly inform the Company of any changes by sending an e-mail to firstname.lastname@example.org. Members shall reimburse the Company for any costs it incurs as a result of the Member’s failure to update his/her personal information. The Member shall bear the burden of proof of the Company’s receipt of said e-mail.
14. Generally, all of the Company’s correspondence with Members shall be conducted electronically by e-mail. The Company shall not be held liable in the event that e-mails cannot be delivered to the Member (e.g. because the e-mail address is incorrect or out of date or the e-mail inbox is full). Any notice of termination by the Member shall be made in writing, except in the case mentioned in paragraph 4 of clause 9 (Test Abo). The Member shall bear the burden of proof of the Company’s receipt of such notice of termination.
15. The Company may partially outsource its services to third parties, especially services related to the handling of business processes, IT security and system control, market research, calculating business-relevant credit and market risks and the administration of contractual relationships (such as the processing of applications and contracts, debt collection and communication). The Company also reserves the right to obtain credit information about existing or prospective members and may disclose payment histories and other data to collection agencies for collecting overdue payments. You hereby consent to the Company disclosing and transferring Your data to third parties and to having Your data processed by such third parties for the above-mentioned purposes, within the limits of applicable data protection laws.
16. These GTC shall apply to all of the Company’s Centers and form an integral part of the contract. The Company is entitled to unilaterally modify these GTC at any time with future effect. The Company shall notify Members of any changes, by posting them in the Centers, online or by other means. The applicable GTC shall also be published online. By using the Machines, Your expressly accept and acknowledge the GTC as modified from time to time.
If one or more provisions of these GTC is or becomes ineffective, the effectiveness of these GTC, of the contract or the remaining provisions shall not be affected thereby. Mandatory statutory provisions shall prevail over these contractual provisions. In case of discrepancies among the German, French and English versions of these GTC, the German version shall prevail.
These GTC, the contract and Your legal relationship with the Company shall be governed by Swiss law. Unless determined otherwise by mandatory statutory provisions, the place of performance and jurisdiction shall be the seat of the Company’s registered office.