Terms of membership

1. Membership

1.1 Use of FitnessGym’s services requires membership of FitnessGym.

1.2 Only persons of legal age may be accepted as members of FitnessGym.

• who are not in debt to FitnessGym and
• who are in good health.

1.3 Notwithstanding section 1.2, a guardian may enter into a Membership Agreement with FitnessGym on behalf of a minor, but not on behalf of a minor under the age of 14. In such cases, the guardian who has entered into the Membership Agreement is ultimately responsible for the payment obligations arising from the Membership Agreement. Customers under the age of 18 may train independently, and those under the age of 15 may only train when accompanied by a guardian. Membership agreements for minors are always concluded with the guardian at customer service (except at the Ylläs location).

1.4 Membership is valid under the terms agreed in the Membership Agreement, either indefinitely or for a fixed term. Fixed-term membership is valid for at least the so-called commitment period specified in the Membership Agreement, which is one month from the date of joining and one month from the date of invoicing.

1.5 Membership is personal.

1.6 When changing the type of membership, the member always accepts in writing the monthly fee corresponding to the new type of membership and is obliged to pay any financial difference from the change in membership type.

1.8 The member acknowledges and accepts that FitnessGym cannot always guarantee a place in the exercise class chosen by the member if the number of participants or access to the exercise class is otherwise restricted.

1.9 The member acknowledges and accepts that FitnessGym may unilaterally change its range of products and services or the opening hours of its fitness centers during the member’s membership period, depending on demand and resources, for example, in connection with public holidays.

2. Membership fees

2.1 A member or other person who has undertaken in the membership agreement to be responsible for the member’s membership fees or other payments (e.g., a guardian) must pay the membership and other possible fees in accordance with FitnessGym’s current price list.

2.2 The due date for monthly membership fee payments shall be agreed in accordance with FitnessGym’s current practices.

2.3 Membership fees based on the membership agreement cannot be unilaterally increased during the fixed term specified in the membership agreement, during the notice period of a membership agreement that is valid for a fixed term but has been terminated, except in situations where the member is entitled to a discount. 2.4 The member agreement is valid for the agreed period of time.

2.4 Members are responsible for any e-invoice agreements made with their banks that enable automatic monthly debits for FitnessGym membership fees. Members are responsible for ensuring that membership fees are paid by the due date.

2.5 If the member fails to pay the membership fees on time, the member is obliged to pay interest on late payments in accordance with Section 4 of the Interest Act (633/1982, as amended). In addition, FitnessGym may charge the member for the costs incurred in collecting the late membership fees.

2.6 FitnessGym will transfer the collection of overdue membership fees to a collection agency. If a member has received a payment reminder or collection letter from the collection agency, they must follow the payment instructions provided by the collection agency when paying their membership fees. However, if the member nevertheless makes payments directly to FitnessGym, FitnessGym may allocate these payments to another of the member’s membership fees that are not subject to collection.

3. Member’s obligations and membership card

3.1 Members are required to:

• stamp their membership card every time they arrive at FitnessGym for training
• prove their identity if necessary.

3.2 Members will receive a personal FitnessGym membership card for the duration of their membership. The membership card is used in access control systems and for security reasons.

Members should ensure that no one else can misuse the card. Members are obliged to immediately notify FitnessGym staff of any loss of their membership card or suspected misuse.

If a membership card is lost or damaged, FitnessGym will block the card and issue a new one to the member. We charge a fee for new membership cards in accordance with the current price list.

4. Member communications, marketing, and processing of personal data

4.1 By signing the membership agreement, the member agrees that FitnessGym may send information about its services and offers to the member’s postal and/or email address provided by the member. However, the member may at any time prohibit FitnessGym from sending marketing communications.

4.2 The member gives their consent for FitnessGym to store their training history. Storing training history enables the monitoring of the member’s training activity and guided training. Members always have the right to view their training history and request its removal. Upon receiving a request from a Member to remove their training history, it will be removed immediately.

5. Termination of the membership agreement or unilateral amendment of the terms and conditions

5.1 Upon the member’s express notification, a fixed-term membership agreement may be terminated at the end of the commitment period specified in the membership agreement. Unless the Member expressly states their wish to terminate the fixed-term membership agreement at the end of the commitment period, the membership agreement shall automatically continue to be valid for an indefinite period with a notice period of one (1) month.

5.2 Notice of termination must always be given in writing by email to info@fitnessgym.fi

5.3 Upon termination of the membership agreement, the member has the right to exercise and use the services of FitnessGym in accordance with the membership agreement until the end of the term of the membership agreement.

5.4 In the membership agreement, the member undertakes to pay the membership fees at least for the duration of the membership agreement. The fact that the member has not used the services based on the membership agreement for a long time is not a reason for early termination of the membership agreement.

5.5 If FitnessGym and the member jointly determine that training may be detrimental to the member’s health, the membership agreement may be terminated prematurely by mutual agreement. In such cases, any membership fees paid in advance will be refunded to the member, with the exception of payments made with exercise vouchers, which cannot be refunded to the member for tax reasons.

If FitnessGym has reasonable grounds to suspect that training is detrimental to the member’s health, FitnessGym may temporarily suspend the member’s training and request the member to provide a written statement from a healthcare professional or other evidence showing that training at FitnessGym is safe for the member’s health.

5.6 The member has the right to terminate the agreement before the end of the term if they move to another location and access to FitnessGym is significantly delayed.

5.7 FitnessGym has the unilateral right to change its price list, service offering, membership fees, and terms and conditions. If the changes are expected to be unfavorable to the member, the member will be notified of the changes no later than one (1) month before they take effect.

5.8 FitnessGym has the right to suspend membership for a certain period of time or terminate the membership agreement with immediate effect if the member clearly violates the terms and conditions of the membership agreement or other instructions given by FitnessGym.

Material breaches of contract include, but are not limited to:

• Failure to pay membership fees
• Violation of FitnessGym rules
• Failure to heed warnings given to members

6. Storage of belongings and liability for damages

6.1 For temporary storage of personal belongings at FitnessGym, members must use a locker equipped with their own lock.

6.2 If a member leaves their belongings in a locker, FitnessGym has the right to break the member’s lock and take the belongings into storage. The member must collect their forgotten belongings within 14 days.

6.3 FitnessGym is not liable for any personal injury, theft, or other loss of personal property brought to the center by a member, unless otherwise required by mandatory legislation.

7. Rules

7.1 Members shall follow the instructions given by FitnessGym staff regarding training and the use of equipment.

7.2. Members are requested to wear indoor sports shoes and clothing suitable for the situation.

7.3 Due to the risk of injury, children under the age of 14 are not allowed in the training rooms or changing rooms.

FitnessGym may allow children to enter the center in connection with childcare and other special situations and memberships.

7.4 Only FitnessGym staff may instruct members in their training.

7.5 Members must not behave in a disrespectful or disruptive manner towards other people at FitnessGym.

7.6 Shaving or hair removal in the shower facilities is not permitted.

7.7 Members must dry the equipment after use. Paper towels are available in several locations throughout the center.

7.8 Members must return all equipment they have used to its place after use.

7.9 In order to ensure that other participants can train in peace, members may be denied access to group exercise classes if they arrive late.

7.10 Members are not allowed to use any performance-enhancing substances (doping substances) or drugs in the Fitnessgym facilities, with the exception of medication prescribed by a doctor.

7.11 The use of cameras in the changing rooms is prohibited.

8. Payment service provider

8.1 Verifone Finland Oy (0943819-9) acts as the payment transfer service provider and payment service provider in cooperation with Finnish banks and credit institutions. Verifone Finland Oy appears as the payee on your account statement or card bill and forwards the payment to the merchant. Verifone Finland Oy has a payment institution license. In case of complaints, please contact the product supplier first.

Verifone Finland Oy, business ID: 0943819-9
Keskuskatu 1 A
00100 Helsinki
Phone: 09 477 433
www.verifone.com/fi/fi

8.2 The payment transfer service related to online banking payments is provided by Verifone Finland Oy (0943819-9) in cooperation with Finnish banks and credit institutions. From the user’s point of view, the service works just like traditional online payments.

9. Exceptions at the Ylläs office

9.1 FitnessGym Ylläs is an independent, mobile-based 24/7 service with no permanently open reception. Access is via the OnTheMove app, the online store mobile app, or an approved access card.

9.2 Ylläs memberships must be purchased through the online store or mobile app. Methods such as Smartum, Epassi, etc. cannot be used to pay at the reception desk.

9.3 There is no physical staff presence, but personal training services and gym programs are available as separate packages by booking with Ylläs Personal Trainer.

9.4 No separate membership card is used at the Ylläs location. All access and identification takes place exclusively through the mobile app or electronic system.