1. Scope of Application
(1.1) These General Terms and Conditions (GTC) apply to all membership agreements concluded between "SPORTLIFE BC" spółka z ograniczoną odpowiedzialnością [limited liability company], with its registered office in Warsaw at ul. Adama Naruszewicza 27 lok. 2, 02-672 Warszawa, with share capital of PLN 5,000, entered into 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, under KRS number 0000715112 (SPORTLIFE or the Company), and the 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 clubs operated by SPORTLIFE (fitness clubs or a single fitness club) in accordance with the agreement concluded between the Company and the fitness club member.
2. Fitness Club Membership
(2.1) The membership period at our fitness club begins upon conclusion of the membership agreement (the current offer is always available on our website: www.sportlife.pl or at the fitness club) and payment of the relevant membership fee, unless the Company decides otherwise.
(2.2) The right to enter and use the fitness club during its opening hours, as indicated at each club, is reserved exclusively for members. A club member is entitled to use the agreed services for the applicable fee. Persons who are not fitness club members are strictly prohibited from being present on the premises of the fitness club.
(2.3) Persons who have turned 13 may become fitness club members. Persons who have turned 13 but have not yet turned 18 may conclude a membership agreement only with the consent of their legal representative (legal guardian), who may additionally consent to the minor's participation in classes without the legal representative (legal guardian) being present.
(2.4) Membership is individual in nature. The club member is obligated to use the means of access to the fitness club (on the terms set out in point 3.1 below) solely in person and may under no circumstances make them available to third parties. There is a strict prohibition on making the means of access to the fitness club available to other persons, and the club member is obligated to comply with this prohibition. The club member acknowledges that unlawfully providing third parties with means of access to the fitness club exposes SPORTLIFE to losses and carries the risk of SPORTLIFE being held liable for damage caused by such persons, e.g., to the fitness club, other persons present at the club, the building owner, or other tenants of the building. In the event of a culpable breach of the above prohibition, SPORTLIFE has the right to demand that the club member who committed the breach pay SPORTLIFE a contractual penalty of PLN 1,000 for each breach. In addition, SPORTLIFE is entitled to claim compensation from the club member exceeding the amount of the contractual penalty, on the general terms of the Civil Code.
(2.5) The club member is obligated to promptly inform the fitness club in writing or by email of any change to their details, such as first name, surname, email address, phone number, bank account details, or credit or debit card number (or its expiry date). Costs incurred by the fitness club as a result of a member's failure to promptly notify the club of a change of details shall be borne by the club member. In addition, if the club member uses the member panel available on our website, the club member may change their details directly in that panel.
(2.6) At the time of concluding the membership agreement, a photograph of the club member will be taken and saved electronically in SPORTLIFE's IT system. The photograph will be used to control entry to the fitness club, i.e., to confirm the identity of the club member in order to verify their entitlement to use the fitness club's services. Regardless of the above, fitness club staff have the right to request a proof of identity be shown each time upon entry to the fitness club, in order to confirm the club member's identity.
(2.7) For safety purposes, the fitness club is under video surveillance, which the club member hereby acknowledges. Information about the video surveillance has also been posted in a visible place at the entrance to the fitness club.
(2.8) Upon concluding a membership agreement with the fitness club, the new member will receive a login and password for the member panel on our website at: www.sportlife.pl. The login will be the member's email address provided to us, and the password will be generated automatically and must be changed on first login to the member panel. In the member panel, each of our members will be able to, among other things, check their current details and payment methods (including upcoming payment dates), the class schedule, purchase other services provided by the fitness club, or top up their account to pay for additional fitness club services, etc.
(2.9) On our website sportlife.pl, any new member can book a training session at our fitness club either as an already logged-in club member (already having access to the member panel) or as a new fitness club member (by filling in the registration form available on the website). If you are a new member (and are not yet a fitness club member), after filling in the registration form for classes at the club, you must go to the club in person to take part in the classes and possibly conclude a membership agreement with us.
In addition, club members will be able to use the SPORTLIFE mobile app, which can be downloaded from the App Store or Google Play (or similar platforms). Logging in to the app requires a login and password (as when logging in to the member panel on our website). SPORTLIFE will inform club members once the app becomes available for download.
(2.10) The rights and obligations of a fitness club member may be transferred to a third party (assignment). In the case of assignment of a membership agreement, a fee of PLN 100.00 is charged to the new club member to whom the rights and obligations arising from it have been transferred, for the issuance/activation of the means of access. A fitness club member interested in making an assignment should contact club staff to complete the relevant formalities. Assignment is not possible for presale-type memberships, the Groupon promotion, or another promotional membership.
3. Use of the Fitness Club
(3.1) Entry to the fitness club requires the use of means of access (mobile app). Entry is permitted only by using the means of access. The fitness club member is obligated to keep the means of access with them at the club and to report their loss immediately.
(3.2) The club member undertakes to comply with the rules and regulations in force at the fitness club. The rules and regulations are posted at each fitness club. Fitness club staff are authorized to take action to ensure compliance with the rules and regulations, and to give instructions to fitness club members to ensure that safety and order rules at the club are observed. In the event of a gross violation of the rules and regulations by a club member, SPORTLIFE has the right to terminate the membership agreement with immediate effect.
(3.3) Lockers are available to club members at each fitness club. The fitness club member is entitled to use lockers free of charge during training. It is forbidden to use lockers in any way other than as described above. Fitness club staff have the right to open a locker being used in an unauthorized manner, remove any items left in it, and dispose of them.
(3.4) If the fitness club provides parking spaces for club members, the club member is entitled to use them only while training at the fitness club. It is forbidden to use the parking spaces in any way other than as described above. The fitness club is entitled to have a vehicle parked in an unauthorized manner towed away at the club member's expense. Detailed provisions on this matter are set out in point 9 of the GTC.
(3.5) SPORTLIFE will make every effort to ensure that the services offered to fitness club members are provided at the highest level, in particular to ensure the constant availability of all products, beverages, services, scheduled training sessions, and the presence of trainers. In the event of a temporary unavailability of the above-mentioned goods and services beyond SPORTLIFE's control, SPORTLIFE will take the necessary action to restore their availability as soon as possible.
(3.6) The following additional services apply to PREMIUM membership:
a solarium, which the client may use for up to 20 minutes daily
a massage bed, which the client may use for up to 15 minutes on each occasion
the "bring a friend on the weekend" promotion, under which the client may, every weekend, bring along a person who is not a SPORTLIFE club member to take part in a training session or group class as an accompanying guest. Within the scope of their contract, one client may bring a friend every week, while the number of entries per person is limited to one (each week the client may bring a different accompanying guest).
(3.7) The user has the right to use a locker in which to leave their belongings during training. The club is not liable for items left in the locker. The locker is locked and opened using the client's own padlock. After finishing training, the client is obligated to empty their locker and take their padlock. Items left in a locker after the club has closed are moved to reception and kept there for the next 14 days (lost property). After this period, the club disposes of unclaimed items. A padlock remaining on a locker after the club has closed will be cut off.
4. Membership Fees
(4.1) The Company enables payment for fitness club membership in the following form:
(4.1.1) recurring payments via a monthly, secured debit from a payment card in an amount consistent with the plan selected when signing the agreement. This is conditional on linking a payment card in our system and consenting to its recurring debiting.
(4.2) The fitness club member chooses their preferred form of payment in the membership agreement.
(4.3) Additional products and services offered at the fitness club that are not covered by the membership agreement are available to the club member upon payment of the relevant fee.
(4.4) If the Company has not received membership fees due for 2 full billing periods, the Company reserves the right to take any debt collection action aimed at recovering the membership fees owed to it, including transferring the necessary data to a debt collection company acting on the Company's behalf. Failure to settle the membership fee for a given calendar month will result in the inability to enter the club premises (a block on the membership app) until the outstanding membership fee is settled, by updating payment details or by a one-off payment card/cash payment at the club reception. The Company reserves the right to call on the club member to pay the outstanding membership fee electronically, to the email address indicated by the club member in the membership agreement.
5. Term, Termination, and Suspension of the Membership Agreement
(5.1) The membership agreement is concluded for a fixed term of 1 month. In this case, the term of the membership agreement is counted from the first day the fitness club's services are used under the membership agreement, noting that it will be automatically renewed until the club member submits written notice of termination. The club member also has the option to choose a preferred agreement start date when signing it — in that case, the agreement will begin in accordance with the club member's decision. The applicable notice period is 1 calendar month, counted from the 1st day of the month following the submission of the notice. Notice is deemed effective when submitted in person (at the club reception, to a person authorized to accept such resignation) or by post (by registered letter to the club's address). The club member is liable for the notice month's fee, during which they may use the gym in accordance with their membership plan.
(5.2) SPORTLIFE reserves the right to suspend the provision of services in the event of force majeure or another extraordinary, unforeseeable, and unavoidable event due to which SPORTLIFE, despite exercising due diligence, will be unable to provide services in accordance with the membership agreement (e.g., restrictions are introduced that make it impossible or significantly more difficult to provide services within the fitness club). During the suspension period, the member may not use the fitness club and is exempt from the obligation to pay membership fees. During the term of a membership agreement concluded for a fixed term of 1 month, membership is extended by a period corresponding to the suspension period. During the suspension period, there is no right to terminate the membership agreement, which means, among other things, that a notice of termination of the agreement may only be given by the club member after the suspension period has ended; if a notice of termination is given during the suspension period, it is treated as if it had been given on the first day after the suspension period ends.
(5.3) During the term of the membership agreement, the fitness club member has the right to suspend their membership. Suspension is possible for a period of 1 full calendar month. Suspension begins on the first day of the calendar month indicated in the suspension form and covers full months. The fitness club member is obligated to specify the suspension period of the agreement in advance. During the suspension period, the member may not use the fitness club and is exempt from the obligation to pay membership fees. In the event of suspension of membership, an administrative fee of PLN 40 will be charged to cover the administrative costs associated with suspending and reinstating membership. A notice of termination of the agreement may only be given by the club member after the suspension period has ended; if a notice of termination is given during the suspension period, it is treated as if it had been given on the first day after the suspension period ends. The suspension period may be shortened by the client (a decision to return to training earlier). In such a case, the client should come to the club reception and report the cancellation of the suspension. The PLN 40 fee is non-refundable.
(5.5) SPORTLIFE also has the right to terminate the agreement extraordinarily (with immediate effect) for good cause. Good cause for terminating the agreement includes client conduct causing damage to property or persons, or conduct that violates these General Terms and Conditions. In addition, good cause for terminating the agreement includes a situation where the client, despite a warning, behaves in a manner that violates normal standards of safety, hygiene, or social conduct (violence, threats, sexual harassment, loud behavior, or smoking).
(5.4) An injury or deterioration in a member's health constitutes grounds for granting an extraordinary right to terminate the membership agreement, provided that medical documentation confirming the above condition is submitted and the club issues a positive decision. In such a case, SPORTLIFE will consider the possibility of early termination of the membership agreement within 14 days. If consent to terminate the membership agreement is granted, we will terminate it early on the last day of the calendar month. If a member wishes to submit a resignation, they may use the resignation form we provide.
6. Prohibited Substances and Items. Precautionary Measures.
(6.1) The fitness club has a strict ban on the consumption of alcohol and smoking of tobacco, as well as e-cigarettes and similar substances. The consumption of intoxicating substances is also prohibited. A club member may carry with them only medication intended for personal use that has been prescribed by a doctor. It is forbidden to bring into the fitness club, or to keep on one's person at the club, substances intended to enhance the club member's physical performance. It is forbidden to offer such substances to third parties at the fitness club, whether for payment or free of charge, or to supply, leave, or otherwise make them available at the fitness club in any other way. In addition, it is forbidden to bring onto the fitness club premises any dangerous items or items that could pose a threat to the health or life of other club members, including, in particular, sharp tools, syringes, and needles. In the event of a club member violating the above prohibitions, SPORTLIFE has the right to terminate the membership agreement with immediate effect. In such a situation, the fitness club member is obligated to repair the damage suffered by the Company or third parties as a result of the violation of this point.
(6.2) Before purchasing fitness club membership, the client should undergo a medical consultation to determine any possible health contraindications to using SPORTLIFE's services, if there are grounds for doing so. Before starting to exercise, the fitness club member is obligated to familiarize themselves with the operating instructions for the equipment available at the fitness club and the club's rules and regulations, and to strictly comply with their provisions, as well as to strictly follow the instructions and guidance of fitness club staff.
(6.3) It is forbidden to leave used hygiene items, such as plasters, gauze, bandages, etc., in places accessible to other fitness club members.
(6.4) SPORTLIFE provides club members with lockers located in the changing room, which are not monitored. It is strongly recommended not to leave any valuables or money in the lockers made available to fitness club members in the changing room. The fitness club member is obligated, each time before leaving the changing room, to check that it has been properly locked using a padlock. The fitness club member is obligated to exercise due care when locking a locker after placing their belongings in it. In the event of a locker being improperly locked, the club is not liable for items left in the changing room.
7. Liability
(7.1) SPORTLIFE is liable for property and personal damage suffered by a fitness club member in connection with the use of SPORTLIFE's services, on general terms.
(7.2) A fitness club member is liable for damage caused to SPORTLIFE or to third parties, including other fitness club members, in connection with the use of the fitness club, on general terms.
8. Protection of Personal Data
(8.1) The controller of the personal data provided when concluding the membership agreement, or collected for the purpose of or in connection with the provision of services by SPORTLIFE, or in other circumstances specified in the GTC, is SPORTLIFE BC spółka z ograniczoną odpowiedzialnością, with its registered office in Warsaw at ul. Adama Naruszewicza 27 lok. 2, Warszawa, entered into 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 [text incomplete in the source document]
(8.2) SPORTLIFE has appointed a data protection officer, who can be contacted at any time by email at: bluecity@sportlife.pl. For matters related to the protection of personal data or the exercise of individuals' rights, please contact the Data Protection Officer. bluecity@sportlife.pl, phone number: +48 602 657 373 (hereinafter also referred to as the Controller).
(8.3) SPORTLIFE processes club members' personal data for various purposes, always on the basis of a specific legal basis, in particular in order to conclude or perform the membership agreement and to provide other services at the request of the fitness club member.
(8.4) SPORTLIFE processes personal data for no longer than is necessary for the purposes for which the data are processed. After the data retention period has elapsed, the data are destroyed or anonymized.
(8.5) Data subjects have the following rights:
the right of access to data, i.e., the right to request information from SPORTLIFE about what personal data are being processed,
the right to rectification of data, in the event that data held by SPORTLIFE are out of date,
the right to erasure of data in specific cases; erasure of data is not possible while a membership agreement is in force, where SPORTLIFE is required by law to continue processing (storing) the data, or where there is another legal basis authorizing SPORTLIFE to continue processing the data,
the right to restriction of processing,
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, to another entity as well (where technically feasible),
the right to lodge a complaint with the supervisory authority – the President of the Personal Data Protection Office,
the right to withdraw consent, which does not affect the lawfulness of processing carried out before the consent was withdrawn.
(8.6) Providing the mandatory personal data required under the agreement is voluntary, but necessary to conclude or perform the membership agreement or to provide services. Failure to provide the above data will make it impossible to conclude the agreement or provide the requested services. Providing data for marketing purposes is voluntary.
(8.7) Detailed information regarding the processing of club members' personal data and members' rights is contained in the Personal Data Protection Notice available on our website and at the fitness club.
9. Use of the Car Park
(9.1) Fitness club members may use the free parking spaces in the underground car park for a maximum of 1 hour. Each subsequent hour in the underground car park is subject to a fee in accordance with the operator's tariff. The club member is not entitled to demand that a parking space be made available. A prolonged lack of parking spaces does not constitute grounds for terminating the membership agreement. Surface-level car parks are free for the first 2 hours of parking, unless the building's owner or manager introduces relevant fees. When using the surface-level car park, fitness club members are entitled to an additional hour of free parking.
10. Complaints
(10.1) Complaints and similar requests may be sent to the email address bluecity@sportlife.pl, delivered in person to the fitness club reception, or sent in writing to SPORTLIFE's current registered office address.
(10.2) The club member should provide all information known to them and describe all circumstances related to the complaint as precisely as possible, as well as provide their contact details.
(10.3) SPORTLIFE will make a decision on the club member's request promptly, no later than within 30 business days from the date the complaint is received. The decision on the complaint will be sent to the email address or home address provided by the club member. Other forms of contact are also possible at the club member's request.
11. Final Provisions
(11.1) SPORTLIFE has the right to introduce changes to the GTC, which will apply in the future, for good cause. Good cause entitling SPORTLIFE to amend the GTC includes:
the need to adapt the GTC to the requirements of generally applicable law,
binding recommendations, decisions, or other administrative acts issued in relation to SPORTLIFE by public administration authorities, insofar as they affect the content of the GTC or oblige SPORTLIFE to amend the content of the GTC,
an expansion of the scope of the Membership Agreement requiring modification of the content of the GTC,
modification of SPORTLIFE's payment and settlement system.
SPORTLIFE will inform the fitness club member of changes to the GTC, the date they take effect, and the reason for their introduction, at least 14 days before the date they take effect. The information referred to in the preceding sentence will be sent by email to the email address indicated by the club member in the membership agreement. A fitness club member who does not accept the changes to the GTC is entitled to submit a notice of termination of the agreement no later than by the end of the day preceding the day the changes take effect. In such a case, the membership agreement is terminated on the day preceding the day the amended GTC take effect, with effect at the end of that day. Notice must be sent in writing to SPORTLIFE's current registered office address or submitted in writing at the fitness club reception. In order to preserve the notice period, the notice should be sent by registered mail before the expiry of that period. Termination of the membership agreement in the above-mentioned manner does not constitute acceptance of the changes to the GTC.
(11.2) SPORTLIFE is entitled to establish new GTC, which will apply to new clients granted fitness club membership after the date the new GTC take effect. In such a case, fitness club members who have already concluded membership agreements are bound by the GTC in the version in force on the date the membership agreement was concluded, or in the version amended in accordance with point 11.1 above.
(11.3) Current versions of the GTC are available on our website or in the club member panel. Previous versions of the GTC are available at the club member's request at the fitness club.
(11.4) In matters not regulated by the GTC, the provisions of Polish law shall apply.