STANDARD TERMS AND CONDITIONS OF SALE
Valid for the MobiGym 4-Month Program, Products and E-Commerce B2C
1. Definitions and Language For the purposes of this contract: "Gym" refers to MobiGym s.a.r.l. "Member" refers to the individual signing this contract for gym services. "Program" refers to the 4-month personalized training program outlined in this contract. 1.1 Language - This contract is written and legally binding in English - While this contract is in English, services may be provided in English, French, German, or Luxembourgish based on staff availability - In case of any discrepancy between translations, the English version shall prevail - Members may request key information in their preferred language where available 2. Parties This contract is entered between MobiGym s.a.r.l., hereinafter referred to as "the Gym," and the Client, hereinafter referred to as "the Member." 3. Membership Details As specified in the signed contract. 4. Payment Terms 4.1 Payment Options As specified in the signed contract. 4.2 Accepted Payment Methods The following payment methods are accepted: - Bank transfer - Credit/Debit cards (VISA, MasterCard) - Digital payment systems: - PayPal - Stripe - Satispay - Payconiq (Luxembourg only) 4.3 Bank Details for Transfers For bank transfers, please use the following details: Bank: Post Luxembourg IBAN: LU601111766404070000 BIC: CCPLLULL Account holder: MobiGym S.A.R.L. 4.4 Pricing - All prices are in EURO, including Luxembourg VAT - The Gym reserves the right to adjust prices with appropriate notice to members - Special offers and promotions cannot be combined unless explicitly stated - Any applicable discounts will be specified at the time of contract signing 4.5 Direct Debit Payments 4.5.1 Authorization - Members opting for direct debit must complete a SEPA Direct Debit Mandate - Authorization remains valid until explicitly revoked - Changes to bank details must be notified at least 14 days before next payment - Member ensures sufficient funds are available on due dates 4.5.2 Payment Processing - Debits processed on agreed payment dates - Pre-notification of debit provided via email - Failed payments may incur administrative fees - Two failed payments may result in service suspension 4.5.3 Cancellation and Changes - Direct debit cancellation requires 30 days written notice - Bank detail changes require new mandate completion - Alternative payment method must be arranged if cancelled - The Gym reserves the right to terminate direct debit arrangement after repeated failed payments | 5. Services Provided The Gym agrees to provide the following services: 5.1 Operating Hours and Facility Access - Access to fitness equipment and facilities is by appointment only - Members must schedule their gym visits in advance through the approved booking system - The Gym reserves the right to modify operating hours with notice 5.2 Facility Standards - Hospital-grade air quality monitoring and control - State-of-the-art HEPA filtration system removing 99.97% of particles (0.3 microns) - Advanced air disinfection using UV light technology - Precision temperature and humidity control - Regular environmental quality testing - Medical-grade sanitization protocols - Complimentary UV sanitization service for clients' mobile devices 5.3 Booking Conditions a) Cancellations or rescheduling requests must be made at least 24 hours before the scheduled appointment b) Cancellations or rescheduling requests made less than 24 hours before the appointment may be subject to a cancellation fee c) No-shows without prior notification or justification will be considered as a completed session and deducted from the Member's allotted sessions d) The Gym reserves the right to charge a cancellation fee for late cancellations or no-shows, which will be specified in the Gym's current fee schedule 5.4 Equipment and Facilities 5.4.1 Equipment Standards - The Gym will ensure all equipment is maintained in good working order - Regular maintenance and safety checks are performed - Equipment is calibrated according to manufacturer specifications - AI-assisted machines are regularly updated and optimized - All equipment meets or exceeds industry safety standards 5.4.2 Equipment Usage - Members have access to all necessary equipment during scheduled sessions - Equipment usage is permitted only under staff supervision - Members must use equipment as instructed by staff - Immediate reporting of any equipment issues is required - Equipment availability may vary based on maintenance schedules 5.4.3 Facility Environment - Climate-controlled training environment - Hospital-grade air quality monitoring - Advanced ventilation systems - Professional cleaning and sanitization protocols - Appropriate lighting for safe exercise - Emergency equipment readily available 5.4.4 Technology Integration - AI-integrated performance tracking - Data analytics tools for progress monitoring - Mobile app integration where applicable - Regular software updates and maintenance - Backup systems for data protection 5.4.5 Service Interruptions The Gym reserves the right to: - Temporarily restrict equipment access for maintenance - Modify equipment availability based on safety requirements - Update software systems as needed - Implement new safety protocols as required |
6. Member Responsibilities and Health & Safety Requirements 6.1 General Responsibilities The Member agrees to: - Pay all fees on time - Follow all Gym rules and regulations - Use equipment safely and appropriately - Respect other members and staff - Maintain proper hygiene standards 6.2 Health Status and Medical Requirements The Member must: - Complete mandatory initial health risk assessment - Obtain medical clearance when required - Provide accurate health information - Update MobiGym about any changes in health status - Inform the trainer of any health conditions or injuries before each session - Immediately report any unusual symptoms or discomfort during training 6.3 Safety and Equipment Usage The Member agrees to: - Complete required equipment orientation - Follow all safety instructions and protocols - Use equipment only as directed by staff - Report any equipment issues immediately - Not use equipment without proper supervision - Follow proper sanitization protocols 6.4 Facility Rules The Member must: - Adhere to scheduled appointment times - Follow all posted facility guidelines - Comply with dress code requirements - Respect designated training areas - Follow emergency procedures when necessary 6.5 Compliance The Member acknowledges that failure to comply with these responsibilities may result in: - Suspension of services - Termination of membership - Forfeiture of fees - Liability for damages | 7. Waiver of Liability and Insurance 7.1 Waiver of Liability The Member acknowledges that they have read, understood, and signed the separate Waiver of Liability form. This waiver releases the Gym from any responsibility for injury, illness, or property damage incurred while using the Gym's facilities or participating in its programs. 7.2 Insurance Coverage - The Gym maintains comprehensive commercial liability insurance as required by Luxembourg law - This insurance covers incidents arising from proper use of equipment and facilities - Coverage does not extend to: • Personal belongings or valuables • Incidents resulting from improper use of equipment • Injuries from non-compliance with staff instructions • Pre-existing medical conditions • Activities conducted outside gym premises - Members are encouraged to maintain their own personal health and accident insurance - Members must report any incident immediately to staff for proper documentation 8. Money-Back Guarantee If no measurable results are recorded during the program, the Gym offers a money-back option under the following conditions: - The Member has attended at least 80% of scheduled sessions - The Member has followed the prescribed nutrition and exercise plan - No results are observed after the completion of the 4-month program - The Member must submit a written request for a refund within 14 days of the 4-month program ending Examples of measurable results may include, but are not limited to: - An increase in strength and/or output power - Changes in VO2max (direct or indirect calculation) - Positive trends on Client's surveys and/or Client's feedback - Improvements in body composition measurements - Enhancements in flexibility or range of motion - Advancements in specific fitness goals set at the beginning of the program The Gym will use a combination of objective measurements and subjective assessments to evaluate the Member's progress throughout the program. |
9. Cancellation and Refunds 9.1 Cooling-off Period - The Member may cancel this contract within 3 business days of signing for a full refund of any payments made. 9.2 Cancellation Before Program Start - If the Member cancels after the cooling-off period but before the program start date, a cancellation fee of 150 Euro may be charged. 9.3 Cancellation During the Program - If the Member cancels during the 4-month program without meeting the conditions of the money-back guarantee (as outlined in Section 8), no refund will be provided. - Refunds are only considered in accordance with the money-back guarantee conditions specified in Section 8 of this contract. - The Member remains liable for any unpaid portions of the total program cost, regardless of cancellation. 9.4 Refund Calculations - In the event that a refund is approved under the money-back guarantee conditions, the refund will be calculated based on the amount paid by the Member up to the date of program completion. - The refund amount will not exceed the total amount paid by the Member. - Any services or products provided to the Member during the program (such as personal training sessions, supplements, or equipment) will not be factored into the refund calculation. - Approved refunds will be processed no earlier than 30 days after the approval date. 9.5 Cancellation Process - To cancel, the Member must submit a written cancellation request to info@mobigym.lu or by letter/post at MobiGym facility located in Strassen. - The cancellation date will be the date the written request is received. 9.6 Refund Processing - Approved refunds, if any, will be processed within 30 days of the program completion date, provided all conditions of the money-back guarantee have been met and verified. - Refunds will be issued using the same method as the original payment(s). 9.7 Gym's Right to Cancel - The Gym reserves the right to cancel this contract with immediate effect if the Member violates gym rules, fails to make payments, or engages in behavior that disrupts other members or staff. - In case of cancellation by the Gym, refunds will be at the discretion of management. 9.8 Membership Freeze 9.8.1 Eligible Reasons for Freezing A Member may request to freeze their membership for: - Medical conditions (with supporting documentation) - Extended business travel (>4 weeks) - Pregnancy - Other circumstances at management's discretion 9.8.2 Freeze Duration - Minimum freeze period: 2 weeks - Maximum freeze period: 3 months - Extensions possible with supporting documentation - Limited to one freeze request per contract period 9.8.3 Freeze Process - Written request required at least 7 days in advance - Supporting documentation must be provided - Freeze periods cannot be backdated - Member will receive written confirmation - Payment obligations adjusted accordingly - Initiating a freeze automatically voids the money-back guarantee (Section 8) as it disrupts the planned training progression and expected results timeline 9.8.4 During Freeze Period - Member access suspended - Payment obligations suspended or adjusted - Contract end date extended by freeze duration - Digital services access may be maintained - Cannot be converted to cancellation 9.8.5 Reactivation - Automatic at end of freeze period - Early reactivation available upon request - May require medical clearance for health-related freezes - Payment schedule resumes upon reactivation | 10. Changes to Terms and Service Modifications 10.1 Contract Modifications - The Gym reserves the right to modify the terms of this contract with 30 days' written notice to the Member - Modifications may include but are not limited to: • Service delivery methods • Facility operations • Safety protocols • Payment terms • Program structure 10.2 Notice of Changes - Members will be notified of changes via: • Email communication • Mobile app notification • Written notice at the facility • Personal communication during sessions - Changes will be clearly identified and explained - Previous and new terms will be provided for comparison 10.3 Member Rights Upon receiving notice of changes, Members may: - Accept the changes and continue services - Discuss alternatives with management - Request clarification of changes - Exercise termination rights if applicable 10.4 Service Adjustments The Gym may modify services based on: - Health and safety requirements - Equipment availability - Staff expertise and availability - Technological updates - Facility requirements - Regulatory compliance 10.5 Quality Assurance - All modifications will maintain or improve service quality - Changes will align with the Gym's commitment to longevity and health optimization - Member feedback will be considered in implementation - Alternative solutions will be provided where possible 11. Governing Law This contract shall be governed by and construed in accordance with the laws of Luxembourg. 12. Privacy Policy and Confidentiality 12.1 Data Protection and Retention - The Gym will protect the Member's personal information in accordance with applicable privacy laws. - In compliance with Article 3, Paragraph 6 of the law of November 12, 2004 (as amended) relating to the fight against money laundering and the financing of terrorism, the Gym is obligated to retain data collected within the framework of this document for at least 5 years after the last session carried out by the Member. - This retained data may include, but is not limited to, personal identification information, transaction records, and session attendance logs. - The Member acknowledges and consents to this data retention requirement as mandated by law. 12.2 Confidentiality The Gym and its employees agree to maintain the confidentiality of any sensitive personal information shared by the Member during the course of their training. This information will only be used for the purpose of providing appropriate training services. 13. Communication Official communications between the Gym and the Member will be conducted through one or more of the following methods: a) Phone b) In-person c) Email d) Instant messaging chat 14. Intellectual Property Any workout plans, training materials, or other documents provided by the Gym to the Member are the intellectual property of the Gym. The Member agrees not to reproduce, distribute, or use these materials for any purpose other than their personal training without the express written consent of the Gym. 15. Severability If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. 16. Entire Agreement This Agreement constitutes the entire agreement between the parties. No modification or amendment of this Agreement shall be effective unless in writing and signed by both parties. |
17. Force Majeure and Service Interruptions 17.1 Force Majeure Events Neither party shall be liable for any failure of or delay in the performance of this Agreement due to events outside of their reasonable control, including but not limited to: - Public health emergencies or epidemics - Natural disasters (floods, earthquakes, severe weather) - War, civil unrest, or terrorism - Government orders or restrictions - Strikes or labor disputes - Power outages or utility failures - Fire or structural emergencies - Critical equipment malfunction - Staff illness or unavailability - Cyber attacks or system failures - Any other circumstances beyond reasonable control 17.2 Service Modifications During Force Majeure During such events, the Gym reserves the right to: - Modify service delivery methods - Adjust facility operations - Implement safety protocols - Provide alternative training solutions - Suspend services temporarily if necessary 17.3 Communication and Duration - The Gym will promptly notify Members of any force majeure event affecting services - Regular updates will be provided regarding service modifications - Services will resume as soon as practically possible | 18. Dispute Resolution and Jurisdiction 18.1 Resolution Process Any dispute arising from or in connection with this contract shall be resolved in the following order: 1. Amicable Resolution - Parties shall first attempt to resolve any dispute through good-faith negotiation - Initial communication should be in writing, clearly stating the issue - Response required within 15 business days - In-person or virtual meeting to discuss resolution if needed 2. Mediation If amicable resolution fails: - Parties will engage a mutually agreed mediator in Luxembourg - Mediation costs shared equally unless otherwise agreed - Mediation to commence within 30 days of mediator appointment - Each party to participate in good faith 3. Legal Proceedings If mediation fails: - Disputes will be resolved by Luxembourg courts - Luxembourg law exclusively applies - Proceedings to be conducted in English - Court fees as determined by applicable law 18.2 Jurisdiction - The parties irrevocably submit to the exclusive jurisdiction of Luxembourg courts - Proceedings shall be conducted in Luxembourg - Documentation may be required in French, German, or English 18.3 Choice of Law - This agreement is governed by Luxembourg law - International sales or contract conventions are excluded - Local consumer protection laws apply where mandatory 18.4 Time Limitations - Claims must be filed within applicable statutory periods - Mediation tolls any applicable limitation periods - Written notice of claims required within 30 days of incident 18.5 Costs - Each party bears their own legal costs unless court orders otherwise - Mediation costs shared equally - Court fees as per Luxembourg law - Successful party may claim reasonable legal costs |
19. Indemnification The Member agrees to indemnify and hold harmless the Gym, its employees, and representatives from any claims, losses, damages, liabilities, including attorney's fees, arising out of the Member's use of the Gym's services or facilities, except for those caused by the gross negligence or willful misconduct of the Gym. 20. Electronic Signatures The parties agree that this Agreement may be electronically signed. The parties agree that the electronic signatures appearing on this Agreement are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility. 21. Products and Services 21.1 Product Sales - Products can be purchased in person at MobiGym facilities or through the official website www.mobigym.lu - All products available for purchase are subject to availability - Product prices are in EURO, including Luxembourg VAT - The Gym reserves the right to limit order quantities - Product descriptions and images are illustrative only - Some products may be sold by external parties through partnership agreements, in which case specific terms, conditions, and return policies may differ from those stated in this contract - For third-party products, the seller's terms and conditions will apply and will be clearly indicated at the point of sale 21.2 Orders and Processing - Payment must be completed before product delivery - Orders are processed Monday to Friday, excluding public holidays - Standard delivery time is 3-5 working days within Luxembourg 21.3 Returns and Refunds - Unopened products may be returned within 14 days - Food supplements, nutrition products, and perishable items cannot be returned once opened - Defective products must be reported within 24 hours of receipt - Return shipping costs are the responsibility of the customer unless the product is defective 21.4 Product Warranty - Standard 24-month warranty applies to non-consumable products - Food supplements and nutrition products are guaranteed until their expiration date - Warranty does not cover damage from misuse or improper storage - Proof of purchase is required for all warranty claims 21.5 Product Usage and Liability - Products must be used according to instructions - The Gym is not liable for improper use of products - Members should consult healthcare providers before using supplements - Storage instructions must be followed for product efficacy | 22. Member Compliance and Violation Consequences 22.1 Code of Conduct Members must: - Maintain appropriate behavior and language - Follow all posted rules and staff instructions - Respect other members' privacy and space - Maintain proper hygiene standards - Use facilities and equipment as intended - Arrive on time for scheduled appointments - Follow all safety and health protocols 22.2 Prohibited Actions The following are strictly prohibited: - Harassment or intimidation of any kind - Unauthorized photography or recording - Sharing of access credentials - Unauthorized training of other members - Use of banned substances - Deliberate damage to equipment or facilities - Violation of safety protocols - Disruptive behavior 22.3 Violation Consequences The Gym reserves the right to take the following actions for violations: First Violation: - Verbal warning - Documentation of incident - Review of relevant policies Second Violation: - Written warning - Temporary suspension of specific privileges - Mandatory review of gym policies Serious or Repeated Violations: - Immediate suspension of membership - Contract termination - Financial liability for damages - Banned from future membership 22.4 Appeals Process Members may appeal decisions through: - Written submission within 7 days - Meeting with management - Formal review process - Final decision by gym management |
23. Digital Services and Online Access 23.1 Digital Platform Access - Members may receive access to MobiGym's digital platforms - Login credentials are personal and non-transferable - Members are responsible for maintaining password security - Unauthorized sharing of access is prohibited 23.2 Online Services - Virtual training sessions when applicable - Progress tracking through mobile app - Online booking system access - Digital content and resources - Remote support services 23.3 Technical Requirements - Members are responsible for their own internet connection - Compatible device requirements will be specified - Technical support available during business hours - System maintenance windows will be communicated in advance 23.4 Data Usage - Usage data may be collected to improve services - Performance metrics are stored securely - Training history is maintained digitally - Analytics used for program optimization | 24. Gift Certificates and Vouchers 24.1 Validity and Usage - Gift certificates and vouchers are valid for 12 months from date of purchase unless otherwise specified - Must be redeemed before the expiration date - Cannot be exchanged for cash - Valid only for services and products specified on the voucher - Must be presented (physically or digitally) at time of redemption 24.2 Terms of Use - Non-transferable once redeemed - Cannot be combined with other promotional offers - Valid only at MobiGym s.a.r.l. - Subject to service availability - Partial redemption possible with remaining value retained until expiry date 24.3 Loss or Theft - The Gym is not responsible for lost or stolen gift certificates - Copies or reproductions are not accepted - Digital vouchers must be protected by the holder - Redemption tracking is maintained by unique identifier codes 24.4 Refunds and Cancellation - No refunds available on purchased gift certificates - Expired certificates cannot be extended or refunded - Value of voucher is non-refundable after expiration date - The Gym reserves the right to refuse fraudulent or copied certificates |
The latest version of the terms and conditions for the B2C 4-months program may vary and will be presented to the Client for signature (electronic or physical).
Status: January 2025