1. General provisions
- 1.1. This document is an official offer of IE “ Nusipbek” (hereinafter referred to as the Contractor) to conclude on the terms and conditions specified below Contract for the sports and recreational services (hereinafter referred to as the Contract) with any individual interested in receiving such services (hereinafter referred to as the Member), who meets the following requirements:
- 1.1.1. Is 18 years old or older;
- 1.1.2. not incapacitated;
- 1.1.3. Is mentally healthy and has no contraindications to participate in sports and recreational facilities.
- 1.2. This offer is a public offer in accordance with Article 395 of the Civil Code of the Republic of Kazakhstan (hereinafter referred to as the Civil Code of the Republic of Kazakhstan).
- 1.3. In accordance with Article 396 of the Civil Code of the Republic of Kazakhstan, the status of a Member of the Club shall be acquired by an individual who accepts this offer on the terms set out below.
- 1.4. Acceptance of this offer, as well as the annex hereto means full and unconditional agreement of the Member with all the terms and conditions contained therein without any exceptions and (or) limitations, as well as with the essential conditions of the conduct and payment for the sports and recreational services.
- 1.5. In accordance with the Civil Code of the Republic of Kazakhstan, accepting this offer is equivalent to entering a bilateral written Contract between the Member and the Fitness Club.
- 1.6. The proper acceptance of the offer is the taking of the following actions:
- 1.6.1. Filling in the joining form attached on the website;
- 1.6.2. Reading the terms and conditions of the offer posted on the Fitness Club's website at www.workoutgym.kz;
2. Terms and definitions used in this Contract::
- Fitness Club means the territory of any branch of the WORKOUT Fitness Club chain within which the Services are rendered to the Member.
- Rules of visiting the Fitness Club (Appendix No. 2 to the Contract) is a set of rules, which are mandatory for the Club Members, the Club Guests and third parties, regulating the behavior and visiting the WORKOUT Fitness Club in order to provide safe and comfortable conditions for the training process and recreation of all its visitors, as well as for the functioning of the Fitness Club. The Rules of visiting the Fitness Club are posted on the official website www.workoutgym.kz and are an integral part of this Contract. Compliance with these Rules is one of the most important conditions for the Services rendering. The Rules are not exhaustive - the Contractor has the right to supplement and change them unilaterally, independently.
- Subscription Fee means the cost of basic services for the billing month.
- Club Membership means the status that allows the use of the Fitness Club areas and equipment by the Members themselves in accordance with this Club Membership Contract. Club Members may purchase personal services of specialists for a separate fee in accordance with the contract. The price of the Club Membership includes a Club Card with a barcode, Workout mobile application.
- Fitness Club working hours mean the days and hours on which the Fitness Club is open to the Members.
- Club Membership activation means the beginning of the Services rendering period, the day of membership activation is the moment of payment (debiting the Member's card by cashless and/or cash payment) and/or acceptance of the condition and signing of the Registration Form.
- Club Membership validity period means the validity period of the Club Membership (the period equal to the Contract validity), calculated from the date of the Club Membership activation, and during the period specified in the Joining Registration Form.
- Club Card with a barcode is a plastic card with a barcode, which is a pass to the Fitness Club, issued after registration in the database with the personal data of the Member (full name, phone number, e-mail, residential address), an electronic photo of the person to identify the Member, which is a pass to the Fitness Club and is not transferable to third parties, is a personal identifier of the Member in relation to the Contractor.
- WORKOUT mobile application means the Contractor's software for smartphones, through which a number of functions related to the registration for group programs, the Club Membership freezing, login to the Fitness Club are performed, also by means of which the Member uses other types of services (booking, opening/closing the lockers in the checkroom areas, etc.).
- Club Membership freezing is a temporary suspension of the Contractor's services, with subsequent prolongation of the period of services for the freezing period, the available terms and conditions of freezing are specified in the joining form. The freezing is an additional, optional condition for the sports and fitness services and is not included in the price of the Contract, the option to apply it is determined exclusively by the Club Member. The freezing is applied exclusively by personal application at the reception desk of the Contractor, or in the Mobile application or on the website of the Contractor, if this option is available.
- Guest visit is an additional, optional condition of sports and recreational services rendering, which provides an opportunity for a one-time visit to the Fitness Club by a guest of the Member or any potential client of the Fitness Club, subject to the provisions of the Rules of staying on the territory of the Fitness Club, and on the terms and conditions of the Contract. The cost of a Club Membership does not include a guest visit.
- Split training is a session with a personal coach according to an individual program, lasting from 45 to 90 minutes depending on the type of the selected session. It is conducted after full payment for the Split Training. Split training is an additional service of the Club.
- Legal representative is an individual 18 years old or older, who acts on behalf and in the interests of the minor to whom the Services are rendered by the Contractor.
- Accompanying person is a third person, who is not a Member of the Club, who accompanies the minor Member. During the accompanying, the accompanying person is not entitled to use the sports and fitness services, use the Fitness Club's locker rooms, and must wait for the Member in specially designated places. A minor Member may be accompanied by no more than one person.
- Technical timeouts are breaks in the operation of the Fitness Club as a whole, or in its separate parts: sauna, bar, and other possible premises for the purpose of cleaning, sanitizing and maintenance according to the operating standards.
- Place of Service provision is the location of one of the branches of the network of the WORKOUT Fitness Club, where the Member receives and uses the Services provided by the Club. The Club Member receives the Services at the place of payment and signing of the Join Registration Form.
- Payment Card / Bank Card is the Club Member's bank card, payment (bank) details, which were specified by him/her when registering on the Fitness Club Website and (or) in the Mobile Application, or later in the Payment Card Change process, and from which the payment under the Contract will be made (including debited without acceptance).
- Personal Data is information relating to a certain or determined on their basis subject of personal data, recorded on electronic, paper and (or) another physical medium. Personal data includes (including but not limited to): surname, first name, patronymic, transcription of surname and first name, gender, individual identification number (IIN), date of birth, contact telephone numbers, bank details of an individual, signature, data of an identity document ( document name, document number, document issue date, document validity period, issuing authority), e-mail address, residence address, IP-address (allowing to identify an individual), Payment card data, as well as personal data of an individual (including, but not limited to, the name of the individual).
- Join Registration Form (Appendix No. 1 to the Agreement) is a form established by the Contractor, containing information about the Member, the initial rate of services chosen by the Member and other information, which is an integral part of the Contract and confirms the fact of joining the Member to the terms and conditions of the Contract.
3. Subject of the Contract
- 3.1. The Contractor renders a service to the Club Member as organizing leisure sports and recreational activities (hereinafter referred to as Services) on the territory of any branch of the Fitness Club network under the WORKOUT trademark.
- 3.2. The Service shall be provided to the Member exclusively at the Place of Service rendering.
- 3.3. The place of Service rendering, term, type of Club Membership, as well as other additional conditions are specified in the Join Registration Form.
- 3.4. The Services are rendered to the Member in accordance with the terms and conditions of this Contract, the Fitness Club Rules, and the Join Registration Form, as Appendix No. 1 to the Contract. By signing the joining form and/or paying for the Services, the Member confirms that he/she has read and agrees with the text of the Contract and the Rules of visiting the Fitness Club.
- 3.5. The Member of the Club independently and considering his/her employment, convenience and possibilities chooses the time and regularity of the Services.
- 3.6. Depending on the rate and payment conditions, the Member may choose the following types of subscription:
- 3.6.1. Monthly subscription;
- 3.6.2. Semi-annual subscription;
- 3.6.3 Annual subscription.
4. Cost of services and settlement procedure
- 4.1. The Club Member shall pay for the Services in the manner and within the terms stipulated in this Contract and in Appendix No. 1 to the Contract. The settlement procedure under this Contract shall be determined according to the rate chosen by the Member:
- 4.2. The settlement procedure under this Contract shall be determined in accordance with the rate selected by the Member:
- 4.2.1. By non-cash, non-acceptance debiting of funds from the Member's Payment Card;
- 4.2.2. By transferring funds to the Contractor's settlement account by any type of payment card.
- 4.2.3. By cash payment to the Contractor's cash desk.
To make cashless payment under this Contract the Customer undertakes:
- 4.3. In the personal account specify payment (bank) details of the Payment Card (such as: Payment Card number and type, validity period, CVV/CVC code), which will be linked to the payment system of the Fitness Club, and accordingly from which the corresponding payments under the Contract will be debited;
- 4.4. Provide the necessary orders to the bank servicing his/her Payment Card for non-acceptance debiting of funds for payment under this Contract within the terms specified in this Contract (including, but not limited to, by using the relevant functionality of the Provider's Website and (or) Mobile application) and ensure the availability of funds on the Payment Card in the amount necessary for payment under the Contract within the terms specified in the Contract.
- 4.5. By signing the Contract and / or Join Registration Form, the Bank Cardholder and / or the Club Member authorizes the Executor to regularly debit money from his Payment Card according to the terms of this Contract and on the basis of the Law of the Republic of Kazakhstan “On Payments and Payment Systems”, if the Contract does not provide other payment procedure.
- 4.6. The cost and payments made under this Contract shall be non-refundable, unless otherwise stipulated by the Contract condition.
- 4.7. Settlements under the Contract shall be made exclusively in tenge.
- 4.8. Any bonus options, gift certificates, gifts, prizes as Club Membership extension, gift procedures - may not be cashed in, compensated in monetary terms, or used in mutual settlements of the Parties.
- 4.9. By signing the Join Registration Form, paying for the Services, accepting the terms and conditions of the Contract, the Member acknowledges and agrees that:
- 4.9.1. The Contractor shall have the right to debit the funds, payments provided by the rate and type of subscription according to the terms of this Contract from the Member's Bank Card, which is linked to the Contractor's payment system within the period determined by the terms of the Contract.
- 4.9.2. In case of non-payment and/or non-withdrawal of the Monthly Payment within 30 (thirty) calendar days from the date of the last withdrawal, the Contractor shall have the right to terminate the Contract unilaterally. In this case, to return to the Fitness Club, the Member must again pay the full amount of the first month (Initial payment and the first monthly payment).
- 4.9.3. If the next month's payment is not debited on the settlement date, the Member's access to the Club shall be blocked until payment is made. When paying for the Club Membership in arrears, the date of the regular monthly payment will not change.
- 4.9.4. If a Club Member refuses to subscribe further, the Member must do one of the following:
- 4.9.4.1. Write a statement and notify the Contractor thirty (30) calendar days before the next payment. In this case, funds previously paid by the Member are non-refundable.
- 4.9.4.2. Cancel the subscription in the Workout Mobile App, with a further penalty month (30-31 days) for late cancellation.
- 4.10. The Provider has the right to revise the subscription price unilaterally at any time, with mandatory notification of the Member by one of the following methods: SMS mailing, WhatsApp notification, phone call, or other available method of notification. If the Club Member does not agree with the Contract price change, he/she has the right to notify the Contractor in writing and terminate the Contract, otherwise the Contract shall be deemed valid.
5. Terms and conditions of the Service rendering
- 5.1. When accepting the terms of the Contract the Club Member confirms that neither he nor his minor children do not have permanent or temporary medical contraindications for physical training, sports and fully assumes responsibility for his medical status and the medical status of his minor children visiting the Fitness Club together with him.
- 5.2. The Contractor renders the Services according to the hourly and calendar schedule of work specified in the Join Registration Form, considering technical interruptions, also the working hours of the Contractor can be changed according to the resolutions of the state and city authorities of the Republic of Kazakhstan.
- 5.3. Any change in the mode and schedule of work is made upon prior notification of the Member through the following channels: announcements at the reception desk and/or in the Workout mobile application, as well as in social networks (Instagram, Facebook, etc.).
- 5.4. After the Contract is accepted, the Member is registered in the database at the reception desk of the Fitness Club and the Contractor has the right to request from the Member his/her personal data (full name, phone number, e-mail, residential address), take an electronic photo to identify the Club Member's face, after which he/she is issued a personal Club Card with a bar code and the right to register in the Fitness Club Mobile Application. The personal Club Card with a barcode and the Mobile Application with the Member's data are registered and cannot be used by third parties, except for the re-registration of the Contract to another person according to the Join Registration Form.
- 5.5. Also, after accepting the terms and conditions of the Contract, the Member must register in the Fitness Club Mobile Application, after which the Member can use it to visit the Fitness Club, and other types of Services provided under the terms and conditions of the Contract.
- 5.6. The Contractor's administration and Fitness Club employees have the right to demand an identity document in case of any issues with the identification of the Club Card holder with a barcode.
- 5.7. The Contractor reserves the right to charge a fee for issuing a temporary bar-coded Club Card to replace a lost or missing one. Member's request to the administrator or manager of the Contractor's sales department within seven (7) calendar days for an additional fee, in accordance with the current Contractor's rates. When terminating the Contract, the Member is obliged to return the Club Card with the barcode regardless of the circumstances, and if it is absent, to reimburse its cost in accordance with the current Fitness Club rate.
- 5.8. The Fitness Club Membership does not provide for the accumulation (recovery) of unused days of attendance at the Fitness Club regardless of the reasons. If the Member partially or completely fails to visit the Fitness Club during the period of validity of the Contract, the Services shall be deemed to have been rendered and the Club Membership (Contract validity period) shall not be subject to increase.
6. Rights and obligations of the parties
- 6.1. The Contractor undertakes:
- 6.1.1. During the Contract validity period, to render basic services to the Member as specified in the Join Registration Form and this Contract.
- 6.1.2. To produce and issue a Club card with a barcode and grant the right to use the Mobile application to the Member on the day of Club Membership activation.
- 6.1.3. To take timely measures to prevent and resolve violations of the quality of the Services rendered, and to inform the Member of Service structure changes under the terms and conditions of the Contract.
- 6.1.4. To keep the Club Member's and his guests' information received from the Club Member at the conclusion of the Contract, as well as during the fulfillment of obligations under the Contract confidential, except for cases provided for by the current legislation of the Republic of Kazakhstan.
- 6.1.5. To ensure compliance with the requirements of sanitary rules and regulations, fire safety in the Fitness Club.
- 6.1.6. To ensure the working condition and disinfection of sports, plumbing and other equipment in accordance with the current requirements of sanitary rules and regulations in the Republic of Kazakhstan.
- 6.1.7. At the request of the Member to provide specially equipped storage boxes for valuable items, if any.
- 6.2. The Contractor shall have the right to:
- 6.2.1. If the Club Member violates the time ranges of stay in the Fitness Club, provided by the Join Registration Form, or causes property damage and losses to the Fitness Club, the latter has the right to fix the fact of violation or non-payment by the Statement, with the participation of interested persons and witnesses, and to recover the payment by reducing the Service rendering period, proportionally to their cost;
- 6.2.2. During the term of the Contract - to request a health certificate from the Member, if the administration of the Fitness Club suspects that the Member has any diseases. If there are signs of an acute or chronic infectious and/or skin disease, temporarily suspend the Member from visiting the Fitness Club until he/she has fully recovered. If the Member deliberately conceals the infectious disease dangerous to other people, the Contractor has the right to immediately terminate the Contract unilaterally.
- 6.2.3. To restrict access to the Fitness Club, if the administration of the Contractor suspects that the Member or a guest of the Fitness Club has any infectious diseases.
- 6.2.4. If the Club Member fails to fulfill and/or violates the terms and conditions of the Contract and/or the Rules of visiting the Fitness Club, to terminate the Contract early unilaterally and stop providing services, notifying the Club Member in writing three (3) calendar days in advance.
- 6.2.5. To restrict access to the territory of the Fitness Club if there is no Club Card with a barcode or if there is no registration in the Mobile Application, as well as if it is impossible to confirm the identity of the Member. The Provider is also entitled to request an identity document if there is any doubt about the Barcode Club Card holder's or Smartphone user's identity.
- 6.2.6. If the Member intentionally gives the Club Card with barcode or smartphone with Mobile App to a third party for visiting the Fitness Club and receiving services, the latter has the right to confiscate the Club Card with barcode from the holder for handing it over to the owner (Member), limit the use of guest visits or reduce guest visits in the future, and if such cases recur, to terminate the Contract with the Member unilaterally, notifying the Member in any possible way within three (3) calendar days prior to the expected date of the Services termination;
- 6.2.7. Not to allow the Member to visit the Club if personal data and/or electronic photo is not available in the Fitness Club's internal database system.
- 6.2.8. To make changes in the Fitness Club's working hours, in exceptional cases, to replace instructors at personal and group training sessions (if they are ill, on vacation or dismissed (termination of the Contract for Paid Services), as well as to change the cost and types of Services, except for already paid Services.
- 6.2.9. To limit access to shower rooms, toilet rooms, in cases of emergency cold/hot water shutdown and/or to limit the scope of the Services rendered during emergency power outages without any compensation.
- 6.2.10. To refuse to enter the Contract to a person in respect of whom the Fitness Club has reasonable grounds to believe that the signing of such Contract may result in a lower level of safety and comfort on the Fitness Club premises, as well as restriction of the other Club Members' rights, freedom, and interests.
- 6.2.11. To change the terms of this Contract and the Fitness Club Rules unilaterally, without any prior notice to the Member, unless otherwise provided by the terms of the Contract.
- 6.2.12. To request official information about the Member from law enforcement and immigration authorities to prevent persons from entering the Fitness Club whose presence, behavior or other actions may endanger employees and other visitors to the Fitness Club.
- 6.3. The Club Member agrees to:
- 6.3.1. Make payment under this Contract in accordance with the terms and conditions of the Join Registration Form to the Contract.
- 6.3.2. When using additional services of the Fitness Club, pay for them timely and in full.
- 6.3.3. Use only the list of Fitness Club Services and only within the time limits specified in the Join Registration Form.
- 6.3.4. Leave the Fitness Club gym area 30 minutes before the closing time. If the Contract stipulates other conditions of Fitness Club visit, the Member has no right to stay in the Fitness Club, use the Services and additional services on days and hours not stipulated by the terms and conditions of this Contract.
- 6.3.5. To access the Fitness Club using a smartphone and the Workout Mobile App installed in it, by directing the QR code reader to the QR code installed at the turnstiles or to access the Fitness Club using a Club Card with a barcode, leaning it against the reader installed at the Fitness Club reception.
- 6.3.6. If the Member does not have a smartphone and/or a Club Card with a barcode, access to the Fitness Club shall be granted upon presentation of the Member's identity document.
- 6.3.7. If the Club Member loses the bar-coded Club Card, the key to the personal locker or other rented equipment, the Member must pay a fine, the amount of which is established by the current Contractor's rate.
- 6.3.8. When visiting the Fitness Club together with the guests, inform them that they are subject to the Fitness Club visiting rules. In this case, the Club Member shall be obliged to pay for the Contractor's services in respect of the guests brought by the Member and shall also be responsible for his/her guests' compliance with the said Rules.
- 6.3.9. Strictly comply with the Rules of being in the Fitness Club, as well as the terms and conditions of the Contract posted on the website www.workoutgym.kz.
- 6.3.10. To enter into the Agreement to pass the appropriate registration procedure in the Fitness Club system through filling in questionnaire data, taking photos and other procedures. By signing the Contract Join Registration Form, the Client and/or Club Member gives consent and the right to the Contractor to process and store his personal data.
- 6.3.11. To observe and maintain public order and accepted norms of behavior, and not to allow actions that create a danger to others. If inadequate and/or disrespectful behavior of the Member poses a threat to his/her own life and/or health, as well as to the health and/or life of others, employees of the internal control service of the Contractor have the right to take measures against the Club Member suspending him/her from training (staying in the Fitness Club), taking him/her outside the Fitness Club or calling law enforcement officers;
- 6.3.12. To control his/her own health independently and responsibly. If you have acute infectious and/or skin diseases, as well as in case of exacerbation of chronic diseases, to avoid visiting the Fitness Club until full recovery.
- 6.4. The Club Member has the right to:
- 6.4.1. Demand from the Fitness Club to provide the Services in accordance with the terms and conditions of the Contract.
- 6.4.2. Receive necessary and reliable information about the work of the Fitness Club. Information on the progress of the Services under the Contract can be obtained by personal presence in the Fitness Club at the reception desk by submitting a document.
- 6.4.3. The Member has the right to send to the Contractor his/her suggestions and recommendations for improving the Services rendered and the type under the Contract.
- 6.4.4. If the Club card with a barcode is lost, the Member shall be entitled to have it restored or replaced, and the Member shall pay the replacement service fee according to the Fitness Club price list.
- 6.4.5. The Member has the right to reissue his/her Club Membership for the remaining period to a third party, based on a written application to the Contractor. Re-registration of membership confirms the replacement of the person in the obligation under this Contract. Re-registration of membership can be made not more than once, in this case the new Member pays the cost of re-registration in the amount of 10 000 (ten thousand) tenge to the Contractor.
- 6.4.6. To escort the guests invited by him to the Fitness Club if it is stipulated in the list of Services under the Contract and / or Contract Join Registration Form.
- 6.4.7. Use additional services of the Fitness Club for a fee, unless otherwise provided for in the Contract.
- 6.4.8. The Member shall have the right to activate the Freeze by submitting a written application to the Provider and paying for the Freeze service. In this case, the Club Membership will automatically renew upon the first visit to the Fitness Club.
7. Responsibility of the Parties
- 7.1. The Parties shall be liable for failure to fulfill or improper fulfillment of their obligations under this Contract and the Fitness Club Visiting Rules in accordance with the terms of the Contract and the current legislation of the Republic of Kazakhstan.
- 7.2. The Contract shall be deemed fulfilled and the Service shall be deemed rendered only after the expiration of the Club Membership period of the Member or upon termination of the Contract by one of the Parties in accordance with the terms of the Contract.
- 7.3. If this Contract is prematurely terminated due to the reasons specified in clause 7.5 of the Contract, the Fitness Club shall not refund the amounts paid earlier for the Services rendered under the Contract.
- 7.4. If this Contract is prematurely terminated by the Club Member on the initiative of the Member due to reasons beyond the control of the Contractor, the refund and/or withholding of the paid amounts by the Contractor depends on the type of the subscription:
- 7.4.1. If the Club Member acquires a Semi-Annual and/or Annual Pass, the Contractor shall deduct from the prepayment amount the cost of the actual services rendered as of the date of the Contract termination, as well as an amount equal to 30% (thirty percent) of the total cost of the Club Membership specified in the Join Registration Form.
- 7.4.2. If the Club Member purchased a Monthly subscription, the Club Member shall send to the Contractor a prior written notice (application) stating the reasons for the Contract termination no later than thirty (30) calendar days prior to the next date of debiting. In this case, the amount of previously debited and/or paid payment is non-refundable.
- 7.5. The Member, its guests, other guests of the Fitness Club, and legal representatives of minors fully assume responsibility for their own health and the health of their minor children visiting the Fitness Club. The Contractor is not responsible for damage related to any Club Member's deterioration of health and injuries resulting from or received because of any activities, including gym sessions, showers, etc., except in cases where the harm is caused directly by illegal actions of the Contractor's employees.
- 7.6. The Contractor is not responsible for harm related to deterioration of health if the Club Member's health has deteriorated because of an acute illness, exacerbation of injury, consequences of surgery or chronic illness. Also, the Contractor is not responsible for careless, uncoordinated actions and movements of third parties in the locker room area, showers, halls, entrance groups, because of which injuries and harm to the health and property of a Club Member were sustained. A Fitness Club member does not have the right to demand from the Fitness Club any compensation for moral, material harm or harm caused to the health of a Club Member and his minor children, both during the term of the Contract and after the expiration of its validity period, except in cases expressly provided for by the Contract and current legislation.
- 7.7. The Contractor is not responsible for damage caused to the Club Member's life and health in the event of improper fulfillment of his obligations under this Contract, violation of the requirements of the Fitness Club instructors, the Club visiting Rules. When signing the Joining Registration Form, the club Member confirms that he/she has no medical contraindications for sports and fully assumes responsibility for his/her medical status. A member of the club, to avoid injury, is obliged to use reasonable caution, train in special shoes and sportswear, comply with the requirements of warning labels, signs, instructions, instructions in the Fitness Club and recommendations of the Contractor's employees.
- 7.8. The Contractor is not responsible for technical inconveniences caused by seasonal, preventive, and emergency work by the city's public utilities services.
- 7.9. A Club member is independently responsible for the safety of his belongings, makes sure that things are not left without his personal supervision and are not lost. The Contractor is solely responsible for the personal belongings of Club Members handed over to specially equipped cells at the reception of the Fitness Club but is not responsible for the safety of such property of Club Members if the key to the cell in the Fitness Club is lost due to the Club Member's fault. All items found on the territory of the Fitness Club are stored in the Fitness Club for one month, and then disposed of.
- 7.10. The Fitness Club is not responsible for harm caused to the health of a Club Member as a result of illegal actions of third parties and/or if the harm to health is caused due to a gross violation of the rules of use of equipment, including sports and / or safety regulations provided for in the Fitness Club visiting rules.
- 7.11. Club members are financially responsible for damage caused to the property of the Fitness Club. Club members and legal representatives of minors are obliged to compensate for damage and lost profits of the Fitness Club as lost income due to the need to repair, downtime or replacing the items and/or equipment that are damaged and inappropriate for further use.
- 7.12. A Club member is responsible for non-compliance with the Fitness Club visiting rules for his guests, for unpaid services, as well as damage to equipment and property of the Contractor.
- 7.13. The Fitness Club administration is not responsible for the safety and damage caused to any kind of means of transportation (car, scooter, bicycle, etc.) of a Club Member, as well as for the safety of property situated in the car during its stay in the parking lot of the Fitness Club and the adjacent territory.
- 7.14. The Contractor does not control and is not responsible for the availability of free parking lots for personal vehicles of a Club Member in the Fitness Club and beyond.
- 7.15. The Fitness Club is not responsible for harm caused by the actions (omissions) of third parties, as well as if harm is caused, including to health, due to violation of the gym machine rules, as well as the provisions of the Fitness Club visiting Rules.
- 7.16. Club member agrees to:
- 7.16.1. Receive SMS messages to a cell phone, both during the Contract and after its termination, with Fitness Club services, news and other information within the framework of the Fitness Club's activities, for which a Club Member grants the Club the right to use his/her personal data (surname, first name, patronymic, cell phone number phone number) to generate SMS messages to a cell phone. phone number) to create and send SMS messages. This clause is an unconditional proof of the Club Member's voluntary consent to receive SMS messages, which in turn discharges the Fitness Club from any responsibility for making SMS mailings.
- 7.16.2. For collecting, processing and storage of personal data, such as: surname (surname at birth), first name, patronymic; date of birth; citizenship; gender; home address; mobile phone number, e-mail address; passport data: series, number, issuing authority, date of issue; for minors: surname, name, patronymic, address and citizenship of the guardian/legal representative; home address; birth certificate data; profession; name and address of the place of work/ educational institution; biometric data: photography, 3D photography. Personal data is destroyed after the purposes of processing are achieved; when the partnership is liquidated or reorganized. The data received about customers is used exclusively for the service rendering, is not transferred to third parties, and data confidentiality is ensured.
- 7.16.3. For the safety of his property and the property of other visitors, proceedings in controversial situations, the club Member gives complete consent and grants the Contractor the right for video surveillance, video recording and record storage of himself and his minor children visiting the Fitness Club with him in the Fitness Club. At the same time, the Fitness club guarantees not to install recording devices and not to take pictures and monitor in locker rooms, restrooms, and other offices. The footage can be provided to law enforcement officials when the Fitness Club receives a corresponding request. The storage period for such records is determined by the Contractor's internal security policy.
8. Force Majeure
- 8.1. The Parties are exempt from liability for partial or complete failure to fulfill obligations under this Contract, if this failure was the result of force majeure circumstances that arose after the conclusion of this Contract as a result of circumstances of an extraordinary nature, such as: flood, fire, earthquake and other natural phenomena, as well as war, hostilities, blockade, pandemic, prohibitive actions authorities and acts of state bodies and sanitary services, destruction of communications and power supply, explosions and other phenomena of force majeure, arising during the validity of this Contract, which the Parties could not have foreseen or prevented.
9. Dispute resolution procedure
- 9.1. The legislation of the Republic of Kazakhstan shall apply to the rights and obligations of the Parties arising under this Contract. In all other matters not regulated by this Contract, the Parties shall be governed by the legislation of the Republic of Kazakhstan
- 9.2. All disputes and/or disagreements arising between the Parties under this Contract and/or in relation thereto shall be settled by the Parties through negotiations, if possible.
- 9.3. If it is impossible to resolve disputes and/or disagreements under this Contract and/or in relation thereto through negotiations, disputes and/or disagreements shall be resolved by the Parties in a judicial procedure established by the Legislation of the Republic of Kazakhstan.
10. Contract termination procedure.
- 10.1. The Fitness Club shall have the right to terminate the Contract unilaterally out of court without any compensation to the Club Member if the Member has violated a condition or obligation under this Contract or without explanation. The Fitness Club shall notify the Member five (5) calendar days prior to the date of the proposed termination.
- 10.2. The refund procedure and conditions for the purchased subscriptions are made in accordance with the provisions of clauses 7.4. of this Contract.
- 10.3. After expiration of the Club Membership, Club Member, and/or Contract termination by the Parties - the Contractor's obligations in terms of provision and performance of Services are fulfilled in full.
11. Final Provisions
- 11.1. The Contract validity period starts from the date of payment for the Services, accepting the Contract terms and conditions and/or signing the Join Registration Form and is valid until the Parties fulfill their obligations. The Service rendering period under the Contract shall be specified in the Club Member Join Registration Form to the Contract.
- 11.2. The Parties shall be governed by the current legislation of the Republic of Kazakhstan on the issues not regulated by the Contract.
- 11.3. Changes to the Contract shall be formalized by additional agreements to the Contract signed by the Parties.
12. Contractor's bank details:
IE “Nusіpbek.”
IIN: 780703300062
Legal address: 124 Zharokova str., Almaty, Kazakhstan
Phone number: +7 701 101 6033
e-mail: info@workoutgym.kz
Bank details:
Bank name: Kaspi Bank JSC
IIC: KZ20722S000021990546 (KZT)
BIC: CASPKZKA