1.1 The purpose of this subscription and the general conditions of sale is to govern the contractual relations between the operating company named “DynaMaxX S.à r.l.” and the participant.
1.2 After having read the proposed services, general conditions and rules of procedure, the participant agrees to subscribe with DynaMaxX S.àrl, a registered and non-transferable subscription contract.
1.3 Consequently, the member is the only one authorized to use the devices and all other arrangements made available by DynaMaxX S.à r.l. with unlimited access during opening hours.
1.4 Access to the facilities of DynaMaxX S.à r.l. is based on the subscription plan to which the member subscribes. The subscription formulas provide access to cardio and weight training, group lessons as well as sauna during club hours. DynaMaxX S.à r.l. reserves the right to modify the opening hours and the services offered in order to adapt to the expectations of its customers. If the member does not make use of the possibilities offered by the chosen subscription, no refund will be made.
2. DURATION AND SERVICES
2.1 The right to use the fitness starts on the day of the subscription of the membership and is valid for the duration of the signed membership.
2.2 All subscriptions fully paid in advance, ie semi-annual, annual and biannual subscriptions automatically stop at the end of the specified period/date.
2.3 The semi-annual and annual and bi-annual subscriptions are payable by SEPA Direct Debit and will be automatically renewed for the same term at their expiry, except for the participant terminating their contract by registered letter with one month’s notice before the expiry of the term contract.
2.4 The subscription is strictly personal and can not be transferred without the authorization of a member of the Management.
2.5 The member has the possibility to oppose this implied renewal in writing and before the expiry of his subscription.
2.6 DynaMaxX S.à r.l. reserves the right to modify the rates and / or the general conditions of the subscribed contract. DynaMaxX S.à r.l. will inform the member in writing of the new price list and general conditions at least one month before the effective date.
2.7 The new conditions will become effective as of right in the implied renewal of the current subscription.
3. SUBSCRIPTION FEES
3.1 The first month of subscription and registration fees are payable by credit card on the day of subscription. The member also undertakes to sign the SEPA European direct debit authorization on the day of subscription for the balance due on semi-annual and annual subscriptions. The price of subscriptions is determined and indicated on the registration form.
3.2 In case of refusal by the bank of a payment by bank domiciliation, DynaMaxX S.à r.l. reserves the right to demand the reimbursement of the administrative costs – 10€ each time DynaMaxX will have to present the direct debit without result – incurred for the recovery as well as the arrears due.
3.3 In case of non-payment beyond 2 months, the sums due until the expiry of the contract will become immediately due and DynaMaxX S.à r.l. will be able to initiate a recovery procedure. In such a case, the member will be liable to pay an additional indemnity of €50 and interest on arrears of 12% per year. In case of non-payment, DynaMaxX S.à r.l. reserves the right to deny the member access to the facilities until the discharge of his debt.
3.4 The discounts and promotional prices offered by DynaMaxX S.à r.l. are not cumulative, refundable or extendable. Only one discount per subscription will be granted.
3.5 All prices include VAT. DynaMaxX S.à r.l. reserves the right to adjust its prices at any time in the event of a change in the VAT rate.
3.6 Any change of bank domiciliation must be reported by the member, so that there can be no interruption or incident of payment.
4. PROVISIONAL SUSPENSION AND EXTENSION OF THE SUBSCRIPTION
4.1 In case of pregnancy resulting in a specifically mentioned disability not being able to practice sport for more than one month, a documentary proof (medical certificate) must be presented at the reception where a form of suspension, provided for in this effect will be given to the member. The contract will be extended by the time of the suspension.
5. CONDITIONS OF CANCELLATION OF SUBSCRIPTIONS
All subscriptions can only be cancelled in the following situations:
5.1 Premature termination for medical reasons can only be accepted with a medical certificate from a specialist.
5.2 The biannual, annual and semi-annual subscriptions may be terminated by registered letter with one month’s notice from the implied renewal of the contract.
5.3 Termination of the contract based on one month’s membership is possible at any time with one month prior notice. In this case, the member must pay the difference between the monthly price of the one month subscription and the monthly price of his/her subscription for the past months from the date of signature.
5.4 Terminations or requests relating to contracts must always be sent in writing to DynaMaxX S.à r.l., 111, route de Luxembourg L – 7241 Bereldange. Otherwise, the subscription will be maintained at the agreed conditions. To avoid misunderstandings, a cancellation form is provided for this purpose and available at the reception.
5.5 Any grounds or methods of termination invoked by the participant and other than those mentioned in articles 5.1, 5.2, 5.3, 5.4 and 5.5 (such as a unilateral cessation of monthly payments via direct debit) will be considered as an abusive breach of contract . In this case, all the monthly payments of the commitment period for the subscription fees will be immediately due. If the participant does not voluntarily pay the amounts due, DynaMaxX S.à r.l. may proceed with the recovery of his claim.
5.6 In case of non-compliance by the member of the contract and / or internal regulations, DynaMaxX S.à r.l. reserves the right to terminate the member’s subscription contract, withdraw his member card or suspend his access to the club.
5.7 DynaMaxX S.à r.l. also reserves the right to terminate legally and to the exclusive fault of the participant, the contract for the following reasons: attitude or misconduct causing a risk or inconvenience for himself or for others adherents, any incident of payment respectively non-payment of the subscription, noncompliance with the rules of procedure, without this list being considered exhaustive.
5.8 This termination will be done by registered letter to the member and will result in the immediate payment of the sums still due by the member until the end of the commitment period.
6. PROCESSING OF PERSONAL DATA
6.1 Personal data needed for and in relation to the execution of the subscription contract entered into with DynaMaxX such as, but not limited to, name, date of birth, phone number, email address, home address, country, company/school and profession (the “Data”) are collected and processed by DynaMaxX as data controller in compliance with the General Data Protection Regulation (EU) 2016/679 of 27 April 2016 and any related Luxembourg regulation.
6.2 The Data are processed by DynaMaxX acting for the purposes (i) of performance of the contractual relationship with the member, (ii) of invoicing the services provided by DynaMaxX (iii) of providing you with information in relation to the gym (such as newsletters, special offers, events, services etc.) and (iv) to comply with any other accountable, statutory and legal obligations of DynaMaxX.
6.3 DynaMaxX may transfer some of your Data to an accounting firm taking care of invoice management.
6.4 DynaMaxX shall only transfer your Data to service providers acting according to DynaMaxX demands in relation with the services provided by DynaMaxX. DynaMaxX undertakes to refrain from transferring Data of the member to third parties, aside from cases where the performance of the contract or the member obliges DynaMaxX to transfer the Data.
6.5 Should the member have any queries concerning the processing of his/her personal data, he/she should address them directly to the person in charge of data protection at DynaMaxX at the following address email@example.com.
6.6 The member has the right to request from DynaMaxX access to, rectification or erasure of his/her Data or restriction of processing. Furthermore, the member has the right to data portability, to the extent possible, according to the provisions of the Law. The requests must be addressed to the following address firstname.lastname@example.org.
6.7 DynaMaxX keeps the Data until the term of the contract and during the applicable archiving legal periods of limitation or any other period provided by the law.
6.8 The member authorizes DynaMaxX S.à r.l. to photograph or film him either individually or in groups during activities, workshops and shows. The member authorizes DynaMaxX S.à r.l. to use and publish his image as part of his visual and audiovisual communication (newspaper, advertising brochures, websites, etc.), except to oppose expressly by registered letter. In case the member considers that the processing of his/her Data does not comply with the applicable laws and regulation, he/she has the right to lodge a complaint with the supervisory authority of its the states of his/her residence, or of the place of the alleged infringement. In Luxembourg, the supervisory authority is the National Commission for Data Protection.
7. ELECTRONIC BRACELET
7.1 After signing the contract, the member is awarded an electronic bracelet. The latter is strictly personal and non-transferable.
7.2 Access to the club is only allowed on presentation of a valid wristband.
7.3 DynaMaxX S.à r.l. reserves the right to refuse access to the club to a member, or even to cancel its access without refund in case of abuse committed with the said electronic bracelet (for example, loan to a third party or substitution of no one).
7.4 The loss or theft of the electronic bracelet must be reported to DynaMaxX S.à r.l. immediately. An amount of € 20.00 will be charged to the member for the delivery of a new bracelet.
7.5 The member may request a new bracelet free of charge once a year due to wear and tear (subject to assessment by a member of the Management).
7.6 If the participant does not respect the contract and / or the internal rules posted in the club, DynaMaxX S.à r.l. reserves the right to break his subscription contract and withdraw or suspend his access to the club.
8. GROUP COURSES
8.1. All courses must be booked by email or at the gym.
8.2. DynaMaxX reserves the right to modify its schedules at its best convenience. These modifications will be announced on the website and on Instagram/Facebook in order to allow the member to find out the times of the group classes. All group lessons are posted on the websites and displayed in the club. Group lesson schedules are not considered by the member as an essential feature of the service to be provided by DynaMaxX.
8.3. The unsubscription to a group lesson must be done via email or by phone and a minimum of two hours before the beginning of the lesson. If on two occasions there has been no unsubscription or if there has been a late unsubscription, the member can no longer book group lessons for one week. In case of a late deregistration without membership with group lessons, a fee of 4€ will be charged for the course.
9. MEDICAL ASSISTANCE
9.1 The member hereby declares that he/she is in good health, that he/she has no medical or other reason that would prevent him or her from participating in a physical effort and that the performance of a physical effort cannot cause any harm to his or her health, safety and/or physical condition.
9.2 No use of the club may be made if he or she suffers from an infection, contagious disease or has injuries such as open wounds, open sores, etc. for which there is a risk that the health, safety and/or physical condition of other members may be damaged.
10. RISK AND LIABILITY
10.1. Neither DynaMaxX, nor its employees or servants can be held responsible for the death, personal injury or illness of members, their children or visitors on the club’s territory, except as a result of an intentional act or gross negligence on the part of DynaMaxX or its employees. The use of the equipment provided by DynaMaxX, participation in a program or parts of courses and/or activities of any nature whatsoever is entirely at the member’s own risk.
10.2. Neither DynaMaxX, nor its employees or servants can be held responsible for the loss, damage or theft of property within the club’s territory, except as a result of an intentional act or gross negligence on the part of DynaMaxX or its employees. Members must always lock their valuables in the lockers provided for this purpose.
10.3. The member is liable for damage caused to the property of DynaMaxX and its employees.
11.1 The law applicable to all disputes arising in connection with the content, interpretation and / or execution of this contract / subscription linking DynaMaxX S.à r.l. to the member is the Luxembourg law.
11.2 The courts of Luxembourg are exclusively competent to settle all disputes arising from the interpretation and / or execution of the contract binding DynaMaxX S.à r.l. to the member.