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RIO TOP GYM
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Club rules
RIO TOP GYM

This translation is provided for information only. The Polish version is legally binding.

Table of contents
  1. § 1. Membership
  2. § 2. Membership card and contact details
  3. § 3. Payment
  4. § 4. Terms of agreements
  5. § 5. Term of the Agreement
  6. § 6. Termination of the Membership Agreement
  7. § 7. Suspension of the Membership Agreement
  8. § 8. Free pass promotion
  9. § 9. State of health
  10. § 10. Code of conduct and exercise rules
  11. § 11. Prohibited substances
  12. § 12. Liability for accidents and property
  13. § 13. Price changes
  14. § 14. Access to the Club when staff are absent
  15. § 15. Rules of cooperation with Personal Trainers
  16. Online purchases
  17. § 16. Right of withdrawal from the Agreement
  18. § 17. Payment
  19. § 18. Conditions for the commencement of services
  20. Special conditions
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§ 1. Membership

  • A Club Member may be a person with no medical contraindications who has reached 18 years of age and has full legal capacity, or a minor who turns 15 in the given calendar year and has delivered to the Club reception a written statement signed by their legal guardian, in which the guardian consents to the minor using the services offered by the RIO TOP GYM gym and to the minor purchasing a membership and signing the Membership Agreement on their own.
  • Membership in MLV95 Sp. z o.o. is individual. A Member may not give third parties access to the Club by means of their card or in any other way, unless otherwise provided in these Rules. The consequences of breaching this point are described in the special conditions of the Rules.
  • The document confirming membership, and thus the right to use the Club’s services, is the membership card (pass) together with an identity card.
  • The form of membership is standard - providing 24/7 access to the Club. The facility is monitored around the clock by video cameras in order to prevent and detect crimes and petty offences against Members and the company MLV95. By signing the Membership Agreement, the Member consents to this.
  • A Member is entitled to call a security response patrol where, for reasons not caused by the Member, intervention by the patrol has become necessary in order to protect the property, health or life of the Member or a third party. If the security response patrol is called for reasons caused by the Member, or is called without justification, the Member is obliged to reimburse the company MLV95 for the costs incurred as a result.

§ 2. Membership card and contact details

  • During every visit to the Club, Members must register using their membership card. Members must carry their membership card with them at all times while in the Club - even while exercising - so that they can present it in the event of a check.
  • In exceptional situations, where a Club Member does not have their membership card with them, a one-off entry to the facility is possible after prior identification at reception by means of a valid photo identity document. Entry on the basis of a document may take place for a maximum of two consecutive visits. After that, the Member is obliged to present the membership card at the next visit.
  • The loss or destruction of a membership card must be reported without delay to reception, which will then issue a new card once the Club Member has paid a fee of 25 PLN.
  • Members are obliged to inform the company MLV95 without delay of any change of surname, address, telephone number or other data provided.

§ 3. Payment

  • Members are personally responsible for making payments to MLV95 Sp. z o.o. This also applies where another person is indicated as responsible for payment when the Membership Agreement is concluded.
  • When concluding the Agreement and paying the subscription by recurring payment, the Club Member is obliged to register the details of a payment card enabled for online payments, from which MLV95 Sp. z o.o. is entitled to collect the monthly payment. The Club Member is also responsible for ensuring that there are sufficient funds on the registered payment card so that the company MLV95 can collect the fee on the agreed date.
  • If it is impossible to collect the monthly fee by recurring card payment on the agreed payment date, the company MLV95 will suspend the Member’s right to enter the Club until the payment is made. Suspension of the Member’s right to enter the Club due to non-payment does not mean that the training period covered by the Agreement is frozen, and the Club Member is obliged to pay the fee for that period. The membership may be terminated by MLV95 Sp. z o.o. without notice in the event of 2 months’ arrears in payments. The Member is obliged to cover all payments arising from the conclusion of the Agreement.
  • After the promotional price period ends, the prices of subscriptions paid by recurring card payment will be replaced by the prices currently in force.
  • The possible forms of payment for the services provided by MLV95 Sp. z o.o. are: recurring card payment (for electronic payments for subscriptions) or payment card/cash (for payments for a single entry, a monthly pass or the joining fee).
  • The Customer acknowledges that failure to make the required payment on time (delay) may result in the cost of a payment demand (reminder) of 40 EUR being added to the invoice. Payment demands for late payment will be sent once per billing month until the debt is settled. The Club Member has 7 days from the date of receipt of the demand to pay the arrears.

§ 4. Terms of agreements

Fixed-term agreement for 12 months

The promotional subscription (the “first month for 1 PLN” promotion) is intended for new customers only.
By choosing a fixed-term subscription, the Club Member is obliged, when concluding the Agreement, to pay the joining fee and to register a payment card enabled for online payments, and thereby to pay for the first month of training. Each subsequent payment for the next billing period will be made on a recurring basis using the payment card registered by the Member.
An Agreement that has not been terminated by the Customer no later than 4 weeks before its end is automatically extended for an indefinite period with a one-month notice period. Notice of termination must be submitted in person at reception or sent by e‑mail in written form bearing a handwritten signature.
In the event of early termination of the 12-month fixed-term Agreement, the gym Member must pay the Club an amount equal to 12 times the monthly subscription at the standard price, i.e. 189 PLN (12 × 189 PLN), taking into account the payments made up to that time.

Indefinite-term agreement

By choosing an indefinite-term subscription (Student membership, recurring membership, membership for two), payable monthly throughout the term of the Agreement, the Club Member is obliged, when concluding the Agreement, to pay the joining fee and to register a payment card enabled for online payments, and thereby to pay for the first month of training. Each subsequent payment for the next billing period will be made on a recurring basis using the payment card registered by the Member.
This subscription is an ongoing subscription, which means that the Club Member must terminate the Agreement with MLV95 Sp. z o.o. themselves by means of a written statement bearing a handwritten signature. The Agreement does not end when no payment is made; therefore, in the event of non-payment, the debt accumulates and debt collection proceedings are then started.
The Pupil/Student subscription is intended for persons who have not yet reached 26 years of age. The condition for purchasing this subscription is presenting a valid school or student ID card at the Club reception.

Monthly pass

By choosing a monthly pass, the Club Member is obliged to pay the joining fee and the fee for a month of training. The pass is valid for 30 days from the date of purchase and cannot be frozen. In this case, no agreement is concluded either, which means that after the pass expires the Member has the right to decide whether they wish to pay for the next month.

§ 5. Term of the Agreement

  • Agreements paid by recurring payment are concluded for an indefinite period. However, the agreement for the provision of services concluded with MLV95 Sp. z o.o. may not be terminated by either Party during the first 3 full billing periods. After this period, the agreement may be terminated by either Party with a notice period of 1 month, effective at the end of the billing period.

§ 6. Termination of the Membership Agreement

  • Cancellation of the subscription requires a statement in written form bearing a handwritten signature, on pain of nullity. The statement may be submitted in person at the Club or sent as a scan to the e‑mail address: biuro@riotopgym.pl
  • The Club Member is obliged to pay the fee for the notice period of the Agreement at the time of submitting the cancellation.
  • Termination of the Agreement is always binding and cannot be withdrawn. The Club Member’s obligations remain in force throughout the notice period.
  • If, at the time of submitting notice of termination of the Agreement, the Club Member has outstanding financial obligations towards the company MLV95 due to failure to pay on time, they must pay them in full for the notice of termination to be considered effective.
  • The membership may be terminated by MLV95 Sp. z o.o. with immediate effect if:

    a) the Member breaches the provisions of these Rules and, despite the Company setting an additional period to remedy the breaches identified, does not cease breaching its provisions.

    b) the Member behaves inappropriately in a way that may affect the reputation or interests of the Company, in particular by displaying aggression or vandalism, or by breaching the rules of coexistence in the Club to the detriment of other Members in any other way.

§ 7. Suspension of the Membership Agreement

  • A membership paid on a recurring basis may be suspended for an administrative fee of 30 PLN, or free of charge on the basis of a submitted medical certificate confirming a long-term illness or pregnancy. The suspension may be made for a period of at least 1 month, but not longer than 3 months (these must be full billing periods). The Membership Agreement may be suspended once within 12 calendar months.
  • Membership cannot be suspended retroactively. A membership pass also cannot be suspended if the fee for the given membership period has not been paid. Persons with financial arrears may not use the option of suspending their membership.
  • After the suspension period ends, the membership is automatically resumed.
  • The notice period of the Agreement cannot run at the same time as the membership suspension period. If a notice of termination of the Agreement is submitted and the membership is then suspended for any reason, the running of the notice period is stopped and resumes after the end of the membership suspension period. If the Agreement is terminated during a membership suspension, the notice period starts to run after the end of the membership suspension period.

§ 8. Free pass promotion

  • As part of the promotion, any person who has never been to the RIO TOP GYM club may collect from reception one free trial entry entitling them to use the gym once.
  • The free entry can only be used during reception hours.
  • A person wishing to use the pass must present a photo identity document at reception and register by giving their first name and surname, e‑mail address and telephone number.

§ 9. State of health

  • The Club Member is responsible for ensuring that their state of health allows them to take part in exercise without risk.
  • Every Club Member takes up exercise at their own risk. In order to obtain information that there are no contraindications whatsoever to using the gym, the Member should undergo appropriate medical examinations and seek a doctor’s opinion.
  • The company MLV95 reserves the right to terminate the Agreement with immediate effect on the grounds of a suspected poor state of health of the Member.

§ 10. Code of conduct and exercise rules

  • The rooms in the facility are intended for activities related to physical activity and may be used by Club Members solely for the purpose of exercising. Club Members may not, for example, sleep or stay in the facility for any other purpose. Club Members are obliged to comply with the rules of conduct and instructions on how to exercise and use the equipment, given in writing or orally by the staff of MLV95 Sp. z o.o.
  • Lockers in the changing rooms may be used only to store the Member’s belongings while they are exercising in the facility. If it is found that the Member is still storing their belongings in a locker after finishing exercising, the Company is entitled to cut the padlock, open the locker and remove the items belonging to the Member. If the Member does not collect these items within 14 days of the date on which the locker was emptied and a report was drawn up, the Member’s items will be deemed abandoned with the intention of relinquishing ownership of them.
  • Lockers in the Club are secured with padlocks. A Club Member may use a padlock that is their own property and was acquired outside the Club, or purchase a padlock at reception.
  • The Club accepts no liability for items left in the changing room.
  • Children under 15 years of age who do not have a membership are prohibited from entering the areas intended for exercising (even under the supervision of an adult). In this case, children may stay only in places that are safe for them, e.g. in the area with tables at the gym entrance.
  • Club Members are obliged to use towels while using the equipment and to return weights to their place after finishing an exercise.
  • Exercising in the Club is permitted only in sportswear and sports footwear.
  • Club Members are obliged to keep jackets, bags and other personal items only in the changing rooms designated for this purpose. Leaving them in the training areas is strictly prohibited and may result in intervention by staff.
  • Eating meals in the areas intended for training is prohibited. To eat a meal, Members must go to a place designated for this purpose, e.g. the area with tables at the gym entrance.
  • Any violation of the physical integrity of other users (in particular hitting, pushing, jostling or other forms of physical aggression) is strictly prohibited on the gym premises. If such an incident is found to have occurred, the memberships of both parties involved will be automatically suspended for a period of 14 days, regardless of the cause and circumstances of the incident.
  • Club Members are expected always to behave in a way that does not disturb other Members or staff. If a Club Member behaves in a way that disturbs the peace or fails to comply with the rules of conduct and instructions given by staff, the company MLV95 has the right to require the Member to leave the Club on the day on which the above rules were breached. In the event of termination of the Agreement with immediate effect, on the terms provided for in these provisions, for reasons attributable to the Member, the Member is obliged to pay a contractual penalty equal to twice the value of the membership held and to redress the damage in accordance with the general rules.

§ 11. Prohibited substances

  • Smoking is completely prohibited in the Club. It is also prohibited to possess, use or be under the influence of prohibited substances, in particular alcohol, drugs or doping agents. The company MLV95 is entitled to call the appropriate services to the Club, in particular the Police, if a Member is suspected of possessing or using prohibited preparations, and these services may take action to clarify the matter. If the suspicion is confirmed by a decision of the competent services, MLV95 Sp. z o.o. is entitled to terminate the Membership Agreement with immediate effect.

§ 12. Liability for accidents and property

  • MLV95 Sp. z o.o. is not liable for any injuries or illnesses resulting from exercises performed improperly by the Club Member, and accordingly the Club Member may not raise any claims against the Company for bodily injury or loss of health.
  • MLV95 Sp. z o.o. is not liable for damage to or loss of property belonging to any Club Member, unless such damage or loss arises from causes for which the Company is at fault.

§ 13. Price changes

  • The company MLV95 reserves the right to increase the price of the membership during the term of the Agreement.
  • Club Members will be informed of a price increase one month before the higher prices take effect. A Club Member who terminates the Agreement because of the price increase is protected against the change during the notice period.

§ 14. Access to the Club when staff are absent

  • When staff are absent, access to the facility is provided by means of a magnetic card reader. Club Members have been informed of the CCTV system installed at the entrance and on the premises for security reasons.

§ 15. Rules of cooperation with Personal Trainers

The term “Personal Training” means:
  • - physical activities aimed at assisting in the performance of training exercises,
  • - motivating clients to exercise, and supervising and coordinating the training they perform,
  • - instructing clients precisely in individual exercises,
  • - providing instruction in physical exercises for one or more persons.
  • A Member may not provide personal training services to other Members in the Club. Providing such services is permitted only after purchasing a Trainer Membership intended for persons conducting personal training.
  • The condition for starting cooperation with the Club is the purchase of a Trainer Membership and the provision of the required documents, i.e. a trainer’s ID card and current third-party liability insurance (OC).
  • A Member may not let into the Club other personal trainers who have not been approved by the company MLV95, nor use their services.
  • Personal Trainers are obliged to return training equipment to its designated place immediately after use and to ensure that the area is left tidy after the training session.
  • Conducting group training sessions, i.e. sessions with more than two trainees at the same time, is prohibited.
  • Personal Trainers are obliged to comply with the Club rules and with instructions issued by staff.
  • A designated trainers’ changing room is available for trainers and must be used in a way that keeps it tidy and clean.
  • Personal trainers working at our gym are not our employees, but merely independent persons who purchase a membership to use the facility. We have no influence over any matters related to their services, including agreements and financial obligations, which are agreed directly between the trainer and the trainee.
  • Our website serves solely to promote independent specialists, and the gym accepts no liability for any claims that may arise from the cooperation between the trainer and the trainee.

Online purchases

§§ 16-18 apply exclusively to memberships signed via the website.
  • For purchases made via the internet, the provisions on distance contracts apply.
  • Online purchases are individual, which means that an agreement via the website may be concluded only by the person intending to become a Club Member.
  • Club Members have accepted, via the website, the membership terms set out in these Rules.

§ 16. Right of withdrawal from the Agreement

  • Club Members have the right to withdraw from an agreement concluded at a distance within 14 days of the date of its conclusion without giving any reason. In that case, they must notify the company MLV95 by submitting a written statement of withdrawal at the Club reception or by e‑mail to: biuro@riotopgym.pl

    The membership is then terminated, and the amount paid is settled in accordance with the following sub-points:

    a) If the Club Member used the service in the period from purchasing the membership until the day of submitting the statement of withdrawal from the Agreement, MLV95 Sp. z o.o. will refund the fee paid by the Member when concluding the Agreement, but after deducting remuneration for the possibility of using the Club in the above-mentioned period. The remuneration due will be calculated in proportion to the number of days on which the Member used the service relative to the value of 30 (days).

    b) If the Club Member withdraws from the 12-month fixed-term Agreement, which is concluded when purchasing the “first month for 1 PLN” promotional membership, and has already started using the service, they automatically lose the right to the promotional membership, which means that the promotional price of 1 PLN is replaced by the standard price of 189 PLN. In this case, MLV95 Sp. z o.o. is entitled to charge remuneration on the amount of 189 PLN, proportional to the number of days on which the Club Member used the service relative to the value of 30 (days).

    c) If the Club Member did not use the service in the period from purchasing the membership until the day of submitting the statement of withdrawal from the Agreement, MLV95 Sp. z o.o. will refund the full amount paid by the Member when concluding the Agreement in the same way in which the payment was made.

§ 17. Payment

  • The joining fee under the Agreement must be paid by card or in cash at the Club reception. When concluding an Agreement involving monthly payments by recurring card payment, the Club Member is obliged to follow the instructions provided on the website when completing the purchase.

§ 18. Conditions for the commencement of services

  • The Agreement enters into force on the day the purchase is registered on the website, not on the day the card is collected. The membership card must be collected in person at the Club during reception hours.

Special conditions

  • When training between 22:00 and 8:00, do not disturb the peace of the neighbours and other people in the vicinity of the facility.
  • It is prohibited to let any third parties into or out of the facility using your membership card. Breaching this rule will result in immediate suspension of the membership for a period of 14 days, and if the card is shared again, a contractual penalty of 500 PLN will be imposed on the Club Member. In the event of problems or an emergency, I am obliged to call the emergency number.
  • I have been informed of the payment terms. In addition, I accept the rule that a reminder fee of 50 PLN will be added to my invoice if I fail to make payment before the agreed payment deadline.
  • The use of prohibited substances, such as alcohol or anabolic steroids, is forbidden and leads to immediate suspension of the Membership Agreement. In accordance with § 11, I am aware that unannounced checks may take place.