1. Scope of Application
(1.1) These General Terms and Conditions of Contracts (GTC, referred to as OWU) apply to all membership agreements concluded between “SPORTLIFE BC” spółka z ograniczoną odpowiedzialnością, with its registered office in Warsaw at ul. Adama Naruszewicza 27, unit 2, 02-672 Warszawa, with a share capital of PLN 5,000, entered in the Register of Entrepreneurs of the National Court Register maintained by the District Court for the Capital City of Warsaw in Warsaw, 13th Commercial Division of the National Court Register, under KRS number 0000715112 (hereinafter: SPORTLIFE or the Company), and members of our fitness club.
(1.2) Club members are persons who, under a membership agreement concluded with SPORTLIFE, are entitled to use the fitness club or fitness clubs operated by SPORTLIFE (hereinafter: the fitness clubs or fitness club), in accordance with the agreement concluded between the Company and the fitness club member.
2. Fitness Club Membership
(2.1) A membership agreement may be concluded by selecting and confirming an individual membership offer presented on www.sportlife.pl, in the SPORTLIFE mobile application or through the electronic enrolment process at the fitness club. Membership services commence on the date stated in the accepted offer, following payment of the initial amount required for the selected subscription option, unless SPORTLIFE expressly provides otherwise. The accepted offer identifies the services purchased and the subscription option selected by the member.
(2.2) The right to enter and use the fitness club during the opening hours displayed at each club is reserved exclusively for members. A club member is entitled to use the agreed services upon payment of the applicable fee. Persons who are not fitness club members are strictly prohibited from remaining on the fitness club premises.
(2.3) Persons who have reached the age of 13 may become fitness club members. Persons aged 13 to 17 may conclude a membership agreement only with the written consent of their legal representative (parent or guardian). The legal representative may additionally and separately consent to the minor's independent use of the club and participation in classes without the legal representative being present. Consent is given on the form constituting Appendix No. 1 to these GTC.
(2.4) Membership is personal. A club member is required to use the means of access to the fitness club (on the terms specified in clause 3.1 below) solely in person and must not under any circumstances make them available to third parties. Sharing means of access with other persons is strictly prohibited. The member acknowledges that the unlawful provision of means of access to third parties exposes SPORTLIFE to loss and to the risk of SPORTLIFE being held liable for damage caused by those persons, for example to the fitness club, other persons present at the club, the building owner or other building tenants. In the event of a culpable breach of this prohibition, SPORTLIFE may demand that the member pay a contractual penalty of PLN 1,000 for each breach. SPORTLIFE may also claim damages exceeding the amount of the contractual penalty under the general rules of the Civil Code.
(2.5) A club member must promptly notify the fitness club in writing or by email of any change to their details, such as their first name, surname, email address, telephone number, bank account details, credit or debit card number (or its expiry date). Costs incurred by the fitness club because a member fails to promptly notify a change of details are borne by that member. If the member uses the membership panel available on our website, they may also change their details directly in that panel.
(2.6) When a membership agreement is concluded, a photograph of the club member will be taken and stored electronically in SPORTLIFE's IT system. The photograph will be used for access control at the fitness club, i.e. to confirm the member's identity for the purpose of verifying their entitlement to use the fitness club's services. Irrespective of the above, fitness club staff may ask to see an identity document each time a member enters the club in order to confirm the member's identity.
(2.7) Video surveillance is operated at the fitness club for security purposes, which the club member hereby acknowledges. Information about video surveillance is also displayed in a visible location at the fitness club entrance.
(2.8) Upon conclusion of a membership agreement, a new member will receive a login and password for the membership panel on our website www.sportlife.pl. The login will be the email address provided by the member; the password will be generated automatically and should be changed upon the first login to the panel. In the panel, each member may, in particular, check their current details, payment methods (including future payment dates) and class schedules, purchase other services provided by the club or top up an account to pay for additional fitness club services.
(2.9) A prospective member may select and purchase a membership electronically through www.sportlife.pl, the SPORTLIFE mobile application or the electronic enrolment process available at the fitness club. Before confirming the order, the member is presented with the individual offer, the subscription option, the relevant fees, payment terms and duration, as well as these GTC. The member expressly confirms the order and the obligation to pay. The selected terms are confirmed by payment of the initial amount due, and SPORTLIFE provides an electronic confirmation of the concluded agreement and the accepted offer. A class booking alone, without completing the membership order and its required initial payment, does not constitute a membership agreement.
In addition, the SPORTLIFE mobile application will be available to club members for download from the App Store or Google Play (or similar platforms). To log in to the application, the member must enter their login and password (as when logging in to the membership panel on our website). SPORTLIFE will inform members when the application becomes available for download.
(2.10) The transfer of a fitness club member's rights and obligations to a third party (assignment) is permitted. If a membership agreement is assigned, the new member to whom the rights and obligations under the agreement have been transferred is charged PLN 100.00 for the issuance or activation of access credentials. A member wishing to assign their membership should contact club staff to complete the required formalities. Assignment is not available for presale memberships, Groupon promotions or other promotional memberships.
3. Use of the Fitness Club
(3.1) Entry to the fitness club requires the use of access credentials (the mobile application). Entry is permitted only using such credentials. A fitness club member must keep their access credentials secure, carry them while at the club and report their loss immediately.
(3.2) A club member undertakes to comply with the regulations in force at the fitness club, which are available at each club. Club staff are authorised to take measures to ensure compliance with those regulations and to give members instructions aimed at maintaining safety and order at the club. If a member seriously breaches the regulations, SPORTLIFE may terminate the membership agreement with immediate effect.
(3.3) Lockers are available to members at each fitness club. A member may use a locker free of charge during their training session. Use of lockers in any other manner than described above is prohibited. Fitness club staff may open a locker used in breach of the regulations, remove the items left inside and dispose of them.
(3.4) If the fitness club provides parking spaces for members, they may use them only while training at the club. Using parking spaces in any other manner is prohibited. The fitness club may arrange for a vehicle parked in breach of the regulations to be towed away at the member's expense. Detailed provisions are set out in clause 9 of these GTC.
(3.5) SPORTLIFE will use its best efforts to provide services offered to fitness club members to the highest standard, in particular by seeking to ensure the continuous availability of products, beverages, services, scheduled training sessions and trainers. If any of these products or services become temporarily unavailable due to circumstances beyond SPORTLIFE's control, SPORTLIFE will take the necessary steps to restore their availability as soon as possible.
(3.6) The scope of fitness services, additional benefits and the commercial terms of each available membership offer are specified in the individual offer presented on www.sportlife.pl, in the SPORTLIFE mobile application or in the Club's electronic enrolment process before purchase. SPORTLIFE offers the three subscription options described in clause 5.1; each option may be selected for the scope of services made available under the relevant offer. The individual offer identifies in particular the selected services, subscription option, commencement date, monthly or prepaid membership fee, applicable minimum commitment, payment schedule, any promotional rates, the total fees payable during the initial 12-month commitment (where applicable), and the monthly fee applicable after that commitment. The member selects and confirms the specific offer when placing the order and making the initial required payment. The terms of the accepted offer form an integral part of the membership agreement and are binding on the parties. Subsequent changes to offers on the website or in the mobile application do not automatically amend an existing agreement.
(3.7) A club member may use a locker solely for the temporary storage of personal belongings during their visit to the fitness club. Making a locker available does not constitute SPORTLIFE's acceptance of the belongings for safekeeping; the club does not assume an obligation to safeguard the contents of the locker. The member must secure the locker with their own padlock and, after training, empty the locker and remove the padlock. Belongings left in a locker after the club closes may be removed and handed over to reception as found property, subject to applicable law. A padlock left on a locker after closing may be cut in order to empty the locker.
4. Membership Fees
(4.1) The Company permits the payment of fitness club membership fees in the following forms:
(4.1.1) recurring payments by secure monthly charges to a payment card for the amount and on the dates resulting from the subscription option and individual offer accepted when the agreement is concluded. This requires linking a payment card to the SPORTLIFE system and giving authorisation for recurring charges. Monthly payments apply to flexible monthly subscriptions and 12-month commitment subscriptions, as well as to the period following the initial 12 months of a prepaid subscription, where continuation and the relevant monthly rate have been agreed.
(4.1.2) a one-time advance payment of the entire fee for the initial 12-month membership period where the 12-month prepaid subscription has been selected. The amount is specified in the accepted offer and is payable in full at the time of enrolment. No further regular membership fee is due for that prepaid 12-month period.
(4.2) The member selects the applicable subscription option and payment arrangements as part of the individual membership offer. Payment of the first monthly fee, or of the full 12-month prepaid fee where that option is selected, confirms the member's selection and the commercial terms of the accepted offer. A monthly billing method does not reduce or replace any applicable 12-month minimum commitment. The member remains responsible for all membership fees properly due under the accepted offer and these GTC.
(4.2.1) Billing periods and partial-month fees. For subscriptions charged monthly, the billing period is a calendar month, beginning on its first day and ending on its last day. If the agreed commencement date of membership falls after the first day of a calendar month, the membership fee for the first, incomplete billing period is calculated proportionately to the number of calendar days from and including that commencement date through the last day of that month. The amount due equals the monthly fee specified in the individual offer accepted by the member, multiplied by the number of days covered and divided by the total number of calendar days in that month. The applicable first payment must be disclosed before the member confirms the order. Each subsequent complete billing month is charged at the agreed full monthly rate. This rule applies to the Flexible Monthly Subscription and the 12-Month Commitment Subscription paid monthly, and to monthly billing after the initial prepaid period of a 12-Month Prepaid Subscription. For the initial 12-Month Prepaid Subscription, the single advance payment covers the agreed 12-month period and no additional first-month charge arises under this clause. These billing arrangements do not change the agreed commencement date or the minimum 12-month commitment period, where applicable.
(4.3) Additional products and services offered at the fitness club that are not covered by the membership agreement are available upon payment of the applicable fee.
(4.4) If the Company does not receive membership fees due for two full billing periods, it reserves the right to take any measures to recover the amounts owed, including transferring the necessary data to a debt collection company acting on the Company's behalf. Failure to pay the membership fee for the relevant calendar month prevents entry to the club (blocking of the membership application) until the outstanding amount is paid by updating the payment details or by making a one-off card or cash payment at reception. The Company may send a payment demand by email to the address provided by the member in the membership agreement.
5. Term and Termination of the Membership Agreement. Refunds
(5.1) The type and duration of the membership agreement depend on the subscription option selected and accepted by the member when placing the membership order. SPORTLIFE makes the following three subscription options available. The selected option, its price and the commencement date are specified in the individual offer and confirmed by payment of the initial amount due:
(5.1.1) Flexible Monthly Subscription. Membership is purchased and paid for in monthly billing periods, without a 12-month minimum commitment. It continues for successive monthly periods until terminated in accordance with clause 5.1.4. The applicable monthly fee is the amount specified in the accepted individual offer.
(5.1.2) 12-Month Commitment Subscription (monthly payments). The member undertakes to maintain membership for a minimum of 12 consecutive calendar months from the agreed commencement date and to pay the membership fees due for that period in monthly instalments, regardless of actual attendance at the club. Ordinary termination cannot take effect before the end of the minimum 12-month commitment. Unless terminated in accordance with clause 5.1.4, from the 13th month the membership continues automatically as a flexible monthly subscription without a further minimum commitment, at the monthly rate expressly stated in the individual offer accepted at enrolment.
(5.1.3) 12-Month Prepaid Subscription. This option carries the same initial 12-month commitment as the subscription in clause 5.1.2, but the member pays the entire fee for those 12 months in advance, at the price specified in the accepted individual offer. No further monthly membership fee is payable for the prepaid period. Ordinary termination cannot take effect before the end of the initial 12-month commitment. Unless terminated in accordance with clause 5.1.4, from the 13th month membership continues automatically as a flexible monthly subscription, billed monthly at the post-commitment monthly rate expressly stated in the individual offer accepted at enrolment. A further 12-month advance payment or a new 12-month minimum commitment will not arise automatically.
(5.1.4) Ordinary termination and notice. A member may submit notice of ordinary termination at any time, but for a subscription subject to a 12-month minimum commitment the termination may not take effect before the end of that commitment. The notice period for all subscription options is one full calendar month, beginning on the first day of the calendar month following the month in which the notice is given. Termination takes effect at the end of that notice period or, where later, at the end of the initial 12-month commitment. Notice may be submitted electronically to bluecity@sportlife.pl or through any termination function made available in the member's account on the website or mobile application, or delivered to an authorised person at the club reception or sent by registered post to the club's address. The member must pay the membership fee due for any applicable notice period and may use the club during that period in accordance with the accepted offer. Rights to extraordinary early termination under clause 5.4 and any mandatory statutory rights remain unaffected.
(5.1.5) Continuation after the initial 12 months. For both 12-month options, any automatic continuation is on a monthly, cancellable basis only; it is not a new annual commitment. The monthly fee applicable from month 13 and the recurring-payment arrangements must be clearly displayed to and accepted by the member in the individual offer before the initial agreement is concluded. For a prepaid subscription, any recurring charge to a payment card after the prepaid period requires the member's express authorisation, which may be provided during the original enrolment process. No higher or otherwise different fee shall arise solely from a later amendment of the website or mobile application offer.
(5.2) If, as a result of force majeure or another extraordinary event that SPORTLIFE could not prevent despite exercising due care, it becomes wholly or partially impossible to provide the services covered by the agreement, SPORTLIFE shall inform members of the restrictions and their expected duration. Membership fees shall not be due in the corresponding proportion for periods during which services are not provided. Amounts paid in advance for services SPORTLIFE was unable to provide shall be refunded in proportion to the scope and duration of the unavailability, promptly and no later than 14 days after the end of the billing period to which the unavailability relates. These circumstances shall not automatically extend membership and shall not exclude the right to give notice of termination or any other rights available to the member under mandatory legal provisions. Such events may include, in particular, natural disasters, acts of war or binding decisions of competent authorities preventing the club from operating.
(5.3) SPORTLIFE may also unilaterally terminate the agreement on an extraordinary basis (with immediate effect) for a justified reason. A material reason for termination is conduct by a customer that causes damage to property or persons or breaches these GTC. A material reason also exists where, despite a warning, the customer behaves in a manner that violates generally accepted standards of safety, hygiene or social conduct (violence, threats, sexual harassment, loud behaviour or smoking).
(5.4) A club member is entitled to terminate the membership agreement early and receive a refund of fees paid in advance for the unused membership period if use of the club's services has become impossible due to documented circumstances affecting the member, such as: (a) injury or illness preventing training; (b) absence due to military service preventing use of the club; (c) pregnancy, for the period of three months before the expected delivery date and three months after that date. The member submits an application at the club reception, by post to the club's address or electronically to bluecity@sportlife.pl, together with a document confirming the relevant circumstance and its duration. In the case of injury or illness, confirmation that training is medically contraindicated is sufficient; disclosure of the diagnosis is not required. The agreement terminates on the date SPORTLIFE receives the application together with confirmation of the circumstances, unless the member specifies a later termination date. The refund covers the portion of the membership fee paid in advance, calculated pro rata to the number of calendar days remaining from the termination date until the end of the paid billing period. SPORTLIFE shall make the refund within 14 days of the termination date, to an account or using a payment method indicated by the member and permitted by law. Termination on this basis also means that no further membership fees will be charged. This clause does not limit any more extensive rights granted to consumers by law.
6. Prohibited Substances and Items. Precautions
(6.1) The following are prohibited on fitness club premises: consumption or distribution of alcohol and presence while intoxicated; use, possession for use or distribution of narcotic drugs, psychotropic substances or other unlawful substances; smoking tobacco, using electronic cigarettes or similar products; bringing in or distributing prohibited doping agents and substances used to unlawfully enhance physical performance; bringing in weapons, explosives, flammable materials and other dangerous objects, including sharp tools, syringes and needles, except where medically justified and lawful. Medicines prescribed by a doctor for personal use are permitted, provided they are stored and used safely. If these prohibitions are breached, SPORTLIFE may terminate the agreement with immediate effect. The member is obliged to remedy damage caused to the Company or third parties as a result of a breach of this clause.
(6.2) Before purchasing membership, a customer should consult a doctor to establish whether there are any medical contraindications to using SPORTLIFE's services, where there are indications for doing so. Before exercising, the member should familiarise themselves with the operating instructions for equipment at the club and with the club regulations, strictly observe these rules and follow the directions and instructions of fitness club staff.
(6.3) It is prohibited to leave used hygiene materials, such as plasters, gauze, bandages and similar items, in areas accessible to other club members.
(6.4) SPORTLIFE makes lockers available to members in the changing room, which is not covered by video surveillance. Members are strongly advised not to leave valuables or cash in lockers. Before leaving the changing room, a member must check each time that the locker is properly secured with their own padlock and exercise due care when locking it. If a locker is not properly secured, the club is not liable for items left in the changing room.
7. Liability
(7.1) SPORTLIFE is liable for property damage and personal injury suffered by a fitness club member in connection with the use of SPORTLIFE's services under the general rules of law.
(7.2) A fitness club member is liable under the general rules of law for damage caused to SPORTLIFE or third parties, including other members, in connection with use of the fitness club.
8. Personal Data Protection
(8.1) The controller of personal data provided when concluding a membership agreement, or collected for the purpose of providing SPORTLIFE's services, in connection with their provision or in other circumstances specified in these GTC, is SPORTLIFE BC spółka z ograniczoną odpowiedzialnością, with its registered office in Warsaw at ul. Adama Naruszewicza 27, unit 2, Warszawa, entered in the Register of Entrepreneurs of the National Court Register maintained by the District Court for the Capital City of Warsaw in Warsaw, 13th Commercial Division of the National Court Register, under KRS 0000715112, NIP 5214003837, REGON 524354761, email: ochronadanychosobowych@sportlife.pl, telephone: +48 602 657 373 (also referred to as the Controller).
(8.2) SPORTLIFE has appointed a Data Protection Officer, who can be contacted at any time by email at bluecity@sportlife.pl. For matters relating to personal data protection or the exercise of individuals' rights, please contact the Data Protection Officer.
(8.3) SPORTLIFE processes club members' personal data for various purposes, always on a specific legal basis, in particular in order to conclude or perform a membership agreement and to provide other services at the member's request.
(8.4) SPORTLIFE processes personal data for no longer than is necessary for the purposes for which they are processed. At the end of the retention period, the data are deleted or anonymised.
(8.5) Data subjects have the following rights:
1. the right of access to data, i.e. the right to request information from SPORTLIFE about the personal data being processed;
2. the right to rectification of data where data stored by SPORTLIFE are out of date;
3. the right to erasure in specified circumstances; erasure is not possible while a membership agreement is in force, where SPORTLIFE has a statutory obligation to continue storing the data or where another legal basis permits SPORTLIFE to continue processing them;
4. the right to restriction of processing;
5. the right to data portability, i.e. the right to request that data processed by SPORTLIFE be transmitted in a commonly used machine-readable format, including to another entity (where technically possible);
6. the right to lodge a complaint with the supervisory authority, the President of the Personal Data Protection Office;
7. the right to withdraw consent, without affecting the lawfulness of processing performed before the withdrawal.
(8.6) Providing personal data required when concluding an agreement is voluntary, but necessary to conclude or perform a membership agreement or to provide services. Failure to provide such data will make it impossible to conclude the agreement or provide the ordered services. Providing data for marketing purposes is voluntary.
(8.7) Detailed information on the processing of members' personal data and their rights is set out in the Personal Data Protection Notice available on our website and at the fitness club.
9. Use of Parking Facilities
(9.1) Club members may use parking spaces in the underground car park free of charge for a maximum of one hour. Each additional hour in the underground car park is charged according to the operator's tariff. A member may not demand that a parking space be provided. A prolonged lack of available parking spaces does not constitute grounds for termination of the membership agreement. Above-ground parking is free for the first two hours, unless the building owner or manager introduces a corresponding fee. Club members using above-ground parking are entitled to one additional hour of free parking.
10. Complaints
(10.1) Complaints and similar claims may be submitted by email to bluecity@sportlife.pl, in person at the fitness club reception or in writing to SPORTLIFE's current registered office address.
(10.2) The club member should provide all information known to them, describe the circumstances of the complaint as accurately as possible and provide their contact details.
(10.3) SPORTLIFE shall respond to a consumer complaint without undue delay and in any event no later than 14 calendar days after its receipt, unless mandatory legal provisions provide otherwise. The response shall be given on paper or another durable medium.
11. Final Provisions
(11.1) SPORTLIFE may amend these GTC with prospective effect for important reasons. Important reasons permitting amendments to these GTC include:
– the need to bring these GTC into compliance with generally applicable law;
– binding recommendations, decisions or other administrative acts issued in relation to SPORTLIFE by public administration authorities, where they affect the contents of these GTC or require SPORTLIFE to amend them;
– an extension of the scope of the membership agreement requiring the contents of these GTC to be amended;
– a change to SPORTLIFE's payment and settlement system.
SPORTLIFE shall inform the club member of changes to these GTC, their effective date and the reasons for introducing them at least 14 days before they take effect. This information will be emailed to the address provided in the membership agreement. A member who does not accept the changes may give notice of termination no later than the end of the day preceding their effective date. In that case, the membership agreement ends at the close of the day preceding the date on which the amended GTC take effect. Notice must be sent in writing to SPORTLIFE's current registered office address or submitted in writing at club reception. Posting a registered letter before the deadline is sufficient to meet it. Termination of the agreement in this manner means that the member does not accept the changes to the GTC.
(11.2) SPORTLIFE may establish new GTC applicable to new customers who acquire membership after the date on which they take effect. Members who have already entered into agreements remain subject to the GTC in force when their agreements were concluded or to those amended in accordance with clause 11.1 above.
(11.3) Current versions of the GTC are available on our website or in the membership panel. Earlier versions are made available on request by a member at bluecity@sportlife.pl.
(11.4) Matters not governed by these GTC are subject to Polish law.