1.1. The following terms are used in this Agreement, the Special Terms and Conditions, the General Terms and Conditions, the Sports Club Rules, and the Pricelist:
1.1.1. The Subscription period is the duration of the use of the Service based on the Subscription type;
1.1.2. Type of subscription – any of the three types provided for in Section 3.1 of the General Terms and Conditions of the Agreement, which is the method of payment for the Service;
1.1.3.The Pricelist is an integral part of this Agreement, defining the fees for the use of the Sports Club and its services, as well as corresponding fines.
1.1.4. Gym Latvija refers to Gym Latvija SIA, registration No 40203226256;
1.1.5. The Special Terms and Conditions are an integral part of this Agreement that sets the provisions for rendering the Services that are specific to the Client and the Client’s preferences;
1.1.6. The Client is a person who uses the Services provided by Gym Latvija as per this Agreement;
1.1.7. The Agreement refers to this Agreement signed by the Client and Gym Latvija, and comprising its General and Special terms and conditions, as well as any and all of its annexes, amendments and/or additions;
1.1.8. The Services include the services of the Sports Club and other athletic services, provided at the Sports Club and via the Gym Latvija mobile app.
1.1.9.The Service fee is the amount that the Client pays Gym Latvija for the Services it provides, in accordance with the Subscription type selected by the Client;
1.1.10. The Sports Club is a sports club (or sports clubs) managed by Gym Latvija;
1.1.11. The Sports Club Rules – rules for using the Gym Latvija Sports Club, available on the website of Gym Latvija and at the Sports Club, and being an integral part of this Agreement;
1.1.12.General terms and conditions refer to these General terms and conditions, which are an integral part of this Agreement and are available on the website of Gym Latvija, specifying the provisions, according to which the Services are provided to the Clients of Gym Latvija.
2.1. The Client must prepare the order and pay for the Service, having chosen the Gym Latvija Sports Club Subscription type and provided all the necessary information in the fields of the form marked with an asterisk (*), and must register in the Client Portal section of the Gym Latvija website.
2.2. This Agreement is deemed concluded as soon as the Client registers (creates a user account) on the website of Gym Latvija, marks the option to receive the Services during the period of the right of withdrawal as part of the registration, pays the Service fee in accordance with this Agreement, and receives an e-mail confirmation thereof from Gym Latvija.
2.3. Any person who has reached at least 15 (fifteen) years of age may become a Gym Latvija Client. If the Client has not reached 18 (eighteen) years of age at the time of conclusion of the Agreement, except where the Client has been declared legally adult or has entered into marriage before reaching 18 years of age, the Agreement may only be concluded on behalf of the minor Client by a parent or legal guardian who assumes full responsibility for fulfilment of all obligations arising from the Agreement, including the minor Client’s safety in the Sports Club. If, during the registration of a minor Client or the conclusion of the Agreement, payment for the Services is made using the payment card details of the parent or legal guardian, it will be deemed that by such action the parent or legal guardian has given their explicit consent to the conclusion of the Agreement on behalf of the minor Client, has confirmed their full responsibility for the performance of the Agreement, and assumes responsibility for the use of the payment card details.
3.1. The Client may choose one of three Subscription types:
3.1.1. Three-day Sports Club subscription, with a single fee payment effected when concluding the Agreement. The duration of the three-day Sports Club is in calendar days, starting on the day of the conclusion of this Agreement, and ending on the third calendar day after it (inclusive). For example, if the Client concludes the Agreement at 22:00 on Day 10 of the month, then the subscription and the corresponding access to the Sports Club will expire at 23:59 on Day 12 of the month;
3.1.2. One-year Sports Club subscription, with a single fee payment effected when concluding the Agreement. One-year subscription begins on the day of conclusion of this Agreement and ends one year after it. For example, if the Client concludes this Agreement on 10 April 2019, then this Agreement, the one-year subscription and access to the Sports Club will expire on 9 April 2020 (inclusive);
3.1.3. One-year Sports Club subscription, with a monthly fee specified in the Pricelist that is effective at the conclusion of the Agreement. One-year subscription begins on the day of conclusion of this Agreement and ends one year after the end of the month, in which this Agreement is concluded (for example, if the Client concludes this Agreement on 10 April 2019, then this Agreement, the one-year subscription and access to the Sports Club will expire on 30 April 2020 (inclusive)), unless the Agreement becomes indefinitely effective once this period expires (Section 7.2. of the General Terms and Conditions of the Agreement).
3.2. Having signed up on the Gym Latvija website, the Client downloads the Gym Latvija app on their mobile phone and uses it to generate a QR code (access code) that provides the right to visit the Sports Club and use the Subscription type and Gym Latvija Services only to the Client. The QR code (access code) may only be used by the Client in whose name the Agreement has been concluded. Giving the QR code (access code) to third parties, or using a single QR code (access code) to admit multiple people to the Sports Club at the same time is prohibited. If this prohibition is breached, Gym Latvija is entitled to ask the Client to leave the premises of the Sports Club, to impose a contractual fine of EUR 57 on the Client, to void the Client’s access code, to unilaterally terminate this Agreement, and to permanently bar the Client from the Sports Club. In such cases, the Client will not be refunded for any Services paid. Gym Latvija is entitled to claim compensation from the Client for losses caused by such incidents. Gym Latvija is entitled to change or introduce difference methods for accessing the Sports Club, notifying the Client accordingly.
3.3. The Client is prohibited from using access to the Sports Club on multiple devices simultaneously. Gym Latvija uses automated security and fraud prevention systems, and if access is attempted or used on multiple devices, access will be immediately blocked. Access verification, which may take several calendar days, will be initiated once the Client informs Gym Latvija about the blocked access by sending an email to info@gymlatvija.lv. During this period, Gym Latvija has no obligation to provide alternative access or to compensate for unused service time. If, as a result of the verification, a breach of the Agreement is identified, Gym Latvija is entitled to apply the contractual penalties provided for in the Agreement and not to extend the Subscription term for the period during which the Client’s access to the sports club was blocked. If no breach is established, access will be restored within a reasonable time.
3.4. The Client is obliged to immediately, but no later than within 24 (twenty-four) hours, notify Gym Latvija by sending a notice to the e-mail address info@gymlatvija.lv if the Client has changed their device and accessed their Gym Latvija profile on a new device. Access shall be restored within a reasonable period of time. Gym Latvija will be entitled not to extend the Subscription term for the period during which the Client’s access to the Sports Club was blocked.
3.5. If Gym Latvija suspends the provision of its Services and the Client’s access to the Sports Club in accordance with Sections 4.8 and/or 5.2.3.1 of the General Terms and Conditions of this Agreement:
3.6. If the Client does not use the Services and does not visit the Sports Club for reasons not related to Gym Latvija, Gym Latvija will not refund the already-paid Service fees to the Client.
4.1. By signing this Agreement, the Client is informed that in order to fulfil the Agreement with the Client and provide a Service, including for Gym Latvija to receive payment for the Service chosen by the Client and to provide the Service in accordance with the Agreement, Gym Latvija’s website contains links to third-party websites that process the Client’s personal data as independent controllers (including AS LHV PANK, that uses and processes the payment card details specified by the Client, including its number, expiry date and CVV/CVC authentication codes). The Client is informed that for any Service that the Client purchases, Gym Latvija is entitled to effect automatic bank transfers in accordance with the Agreement’s provisions (also through an operator) without an individual consent of the Client for transferring such payments (unless the conditions for paying for the Service in question require otherwise). Gym Latvija collects and stores payment instrument data mentioned in this paragraph in an incomplete amount and in an undecipherable form, in accordance with the conditions specified in the Gym Latvija’s Privacy Policy published on the website of Gym Latvija. AS LHV Pank is the independent controller of the client’s payment instrument data in its full, usable volume, and its processor is AS EveryPay, who process personal data in accordance with their privacy policies available on their websites.
4.2. Any and all payments arising from this Agreement will be deemed to have been effected once the payments are credited to the bank account of Gym Latvija.
4.3. If the Client chooses three-day or one-year subscription with a single Service fee payment, the Client is obliged to pay the full amount of the respective Service immediately upon conclusion of the Agreement.
4.4. If the Client chooses one-year subscription with a monthly Service fee payment, as specified in the Pricelist that is effective at the conclusion of the Agreement, the Client is obliged to pay the first Service fee payment in full immediately upon conclusion of the Agreement. The Service fee payment for the current month will be debited on Day 1 of each month.
4.5. The monthly fees specified in the Pricelist apply to the Agreements that become indefinite, and these fees must be paid in accordance with Section 4.4 of the General Terms and Conditions of the Agreement.
4.6. Gym Latvija and the Client agree that Gym Latvija will issue its bills in digital format without a signature by a representative of Gym Latvija, such digital bills being valid without a signature.
4.7. The Client undertakes to ensure that the balance of the bank account, to which the payment card to be used to buy the Services or pay Services fees is linked, is sufficient to effect these payments in accordance with this Agreement.
4.8. If the first attempt to transfer a payment fails (e.g. the credit institution refuses to allow the payment for any reason, including insufficient balance on the Client’s bank account), Gym Latvija is entitled to immediately suspend the provision of the Services and the Client’s access to the Sports Club until the Service fee is paid in full.
4.9. During this Agreement and for 1 month after its expiry or termination, Gym Latvija is entitled to perform an unlimited number of attempts to transfer Service fee amounts from the Client’s bank account, to which the payment card is linked, to the bank account of Gym Latvija, in order to cover any amounts owed by the Client, including any Service fees, late interest, or contractual fines.
4.10. If the Client delays any of the payments specified in this Agreement, the Client must pay Gym Latvija a late interest in the amount of 0.15% of the overdue amount for each day overdue.
4.11. If the amount received from the Client is less than the amount owed for the Services provided, then the amount received will be first used to pay the late interest, then to pay the principal amount of the fee owed (starting from the older payments), and only then to pay the contractual fine.
5.1. Gym Latvija undertakes to:
5.2. Gym Latvija is entitled to:
5.3. The Client undertakes to:
5.4. A breach of Clauses 5.3.4., 5.3.7. and/or 5.3.8. of the Agreement will be deemed a material breach of the Agreement. In the event of material breaches specified in the Agreement, as well as any breach of the Sports Club rules, Gym Latvija will be entitled, at its discretion, to:
6.1. Each of the Parties must compensate any and all direct damage they caused to the other Party.
6.2. Gym Latvija is not responsible for failure to provide the Service, or for providing it in undue manner, and/or for any losses incurred by the Client if Gym Latvija did not cause these, or for the actions of third parties. In these cases, Gym Latvija is not required to compensate any losses incurred by the Client.
6.3. Gym Latvija is only responsible for breaches of the provisions of this Agreement committed by Gym Latvija and causing harm to the Client, if such breaches resulted from malicious actions or gross negligence.
6.4. The Client is solely responsible for the exercise they engage in at the Sports Club and for their own health. In the event of health problems, the Sport Club recommends consulting your physician before beginning exercise.
6.5. Gym Latvija is not responsible for any deterioration in the Client’s health, any injuries and/or death.
6.6. If Gym Latvija suspends the provision of Services to the Client due to the Client’s fault, the Client will not be exempted from paying the Service fee in accordance with this Agreement.
7.1. This Agreement will take effect upon its signing and will be valid until the Parties completely fulfil their obligations specified in this Agreement.
7.2. If, when paying for the Service, the Client chooses the Subscription type specified in Section 3.1.3 of the General Terms and Conditions of this Agreement, this Agreement will be concluded for a duration of one year, and unless the Client informs Gym Latvija of the termination of this Agreement 30 days before the expiry of this period, the duration of this Agreement will be extended automatically and indefinitely, without commitment period.
7.3. This Agreement may be terminated with mutual written consent of the Parties.
7.4. Gym Latvija is entitled to unilaterally terminate this Agreement, with a notice of 1 day, if the Client:
7.5. If, when paying for the Service, the Client selects the Subscription type specified in Section 3.1.3 of the General Terms of the Agreement, the Client unilaterally terminate it via the Client Portal after one year from the date of conclusion of the Agreement. The Agreement will be automatically terminated on the last day of the current month.
If, when paying for the Service, the Client chooses the Subscription type specified in Section 3.1.3 of the General Terms and Conditions of this Agreement, it is the Client’s responsibility to pay for the entire Subscription term, regardless of whether or not the Client has used the Services for the entire Subscription term.
7.6. In the event of termination of this Agreement, Gym Latvija will not refund any Service fees to the Client.
7.7. The termination or expiry of this Agreement does not exempt the Client from the duty to pay the Service fees due up to the termination of this Agreement to Gym Latvija.
7.8. If the Client wishes to terminate the Agreement before its expiry, the Client must notify Gym Latvija in writing by sending a notice to info@gymlatvija.lv, acknowledging that early termination of the Agreement entails an obligation to pay Gym Latvija a contractual penalty of EUR 57 within the current month.
7.9. The termination or expiry of this Agreement does not exempt the Client from the duty to pay any late interest and/or contractual fines, or from compensating any damage.
8.1. The Client may use the right of withdrawal established in the Consumer Rights Protection Law and unilaterally withdraw from this Agreement within fourteen (14) calendar days after the conclusion of this Agreement. In order to use the right of withdrawal, the Client must send an application via e-mail, to info@gymlatvija.lv
8.2. In order for the Client to comply with the right of withdrawal period, it is enough to send the application on the use of the right of withdrawal to Gym Latvija before this period expires.
8.3. If the Client withdraws from this Agreement within fourteen (14) calendar days after the conclusion of this Agreement, Gym Latvija will, without undue delay and in any case no later than 14 days after having been informed of the Client’s decision to withdraw from this Agreement, repay any and all payments received to the Client
8.4. The repayment will be effected as a bank transfer, to the bank account specified in the withdrawal application of the Client.
8.5. If the Client visits and uses the services of the Sports Club of Gym Latvija during the right of withdrawal period, Gym Latvija will withhold an amount from the fees paid by the Client that is proportional to the amount of the Agreement actually performed by the time the Client informs Gym Latvija of their use of the right of withdrawal.
9.1. All notifications issued by the Parties must be in writing, and sent to the other Party via post or e-mail, using the addresses specified in this Agreement or during the Client’s registration, unless otherwise specified in this Agreement.
9.2. Any and all notifications and correspondence are deemed received within five days after they are sent.
9.3. Gym Latvija will publish its general, campaign and promotional notifications on its website and/or social media accounts.
10.1. Gym Latvija will be the data controller for the personal data obtained as part of this Agreement, in accordance with the Gym Latvija Privacy Policy (available in the Privacy Policy section of the Gym Latvija website) and in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), and the laws and regulations of the Republic of Latvia that govern the processing of such data, with the purpose of fulfilling the contractual obligations of the Parties. Gym Latvija undertakes to duly process and store personal data, and to immediately delete personal data if requested to by the Client, or once such data are not necessary to fulfil this Agreement, unless there is another legitimate reason to process the personal data.
10.2. Unless otherwise specified in this Agreement, this Agreement may only be amended by the Parties agreeing to such amendment in writing. Any and all amendments to this Agreement will take effect on the date specified in the amendments, and in any case, no later than Day 1 of the month that follows the month, in which the amendments were signed by both the Parties. Upon their signature by both the Parties, any and all amendments will become an integral part of this Agreement.
10.3. The Parties undertake to first resolve all disputes and disagreements related to or arising from this Agreement through negotiations. If no resolution can be found through negotiations, the Client must submit a written application to Gym Latvija, specifying their name, surname, residence address, contact details, submission date of the application, stating the nature of the dispute, their claims and the justification for such claims, and providing the documents that serve as evidence for the claims, if any. Gym Latvija will review the Client’s application and provide a reply within 15 business days after the submission of the application.
10.4. If no agreement can be achieved as specified in Section 10.3 of the General Rules and Conditions within 30 days, the Parties will submit the dispute for review to a competent court of the Republic of Latvia.
10.5. By singing this Agreement, the Client confirms having familiarised themselves with applicable publicly available documents and information, including the provisions of this Agreement, the Rules of the Sports Club, the Pricelist, without limitation, having accepted them and undertaking to comply with them. The Client hereby confirms having read and understood the Gym Latvija Privacy Policy, available on the Gym Latvija website, before signing this Agreement.
