URBAN GYM TERMS AND CONDITIONS OF MEMBERSHIP
1. TERMS AND CONDITIONS
These terms and conditions apply to members of Urban Gym from 1 September 2016. The agreement entered into at www.urbangym.dk is between you and Urban Gym, Mosedalsvej 11, 2500 Valby, Denmark, CVR no. 25652991. Urban Gym is part of Fitness World A/S.
All prices, fees or similar, which are referred to in these membership terms and conditions, can always be found on our prices page
2. BECOMING A MEMBER
You can join Urban Gym on our website. You can use your membership as soon as we have processed your application.
To set up your membership, you need to provide your name, address, e-mail address, Danish phone number, registration number, account/card number and a Danish personal identification number. If your contact or bank/card details change at a later date, please notify Urban Gym immediately. Members are responsible for ensuring that Urban Gym always has their correct contact details.
Membership of Urban Gym is open to persons aged 15 or over. If you are under 18 or are legally incapacitated, you can only become a member if a competent person/guardian applies for membership in their own name on your behalf. The competent person/guardian will be liable for any claims that we may have against you in relation to your membership.
3. USE OF CENTRES
3.1 URBAN GYM MOBILE APP
You can gain entry to our centres using our Urban Gym mobile app by scanning a QR code. After checking in (scanning a valid QR code) you cannot check in again for one (1) hour and you will not be sent any more QR codes during this period. Each QR code can only be used once.
QR codes are personal to you and may not be used by anyone else. If you misuse QR codes, you will be charged a fee. Details of this fee can be found on our price page. If misuse is identified, you will receive an e-mail stating that misuse of your membership card has been noted and that you will be charged a fee as a result. If misuse is repeated, your membership will be terminated in accordance with Section 8.2.
Urban Gym will not be responsible for breakdowns or technical problems, including, but not limited to, scanning malfunctions or technical errors in the Urban Gym app or your own smartphone.
Urban Gym recommends keeping valuables in a locker while using the gym facilities. We will not be liable for any losses due to theft or other damage to property that occurs on our premises.
3.3 HEALTH CONDITION AND PERSONAL INJURY
Participation in all exercise is at your own risk. You are responsible for your own state of health and participation in all activities at Urban Gym is at your own risk. Urban Gym will not be liable for any personal injury resulting from an accident or the actions or lack of action by other visitors. The general regulations regarding compensation under Danish law apply will apply.
3.4 USE OF CENTRES FOR PROVISION OF PERSONAL TRAINING, DIETARY ADVICE ETC.
You may not conduct personal business activities in connection with your membership, i.e. offer training advice, personal training or conduct other independent business activities without written permission from Urban Gym in advance.
3.5 VIDEOS AND PHOTOGRAPHS
Using Urban Gym premises to take videos and/or photos for marketing purposes is not permitted without the prior written agreement of Urban Gym.
Moreover, taking photos/videos in Urban Gym changing rooms is not permitted, nor is the taking of photos or filming of other members during their visit to Urban Gym premises without their permission in advance.
Membership allows 24/7 access to all Urban Gym centres.
Your membership is personal to you and may not be used by anyone else. Membership allows you to use Urban Gym equipment.
Your membership is ongoing and will continue until it is cancelled/terminated in accordance with Section 8.
You cannot suspend your membership or put it on hold.
5.1 PAYMENT FOR MEMBERSHIP
A Betalingservice/Nets or creditcard account is essential in order to join Urban Gym.
The first payment is always made up front. Payments are then taken monthly from your Betalingsservice/Nets or creditcard account. You will receive confirmation by e-mail once you have been registered. When paying via Betalingsservice/Nets, an administration fee will be charged in accordance with the applicable rates for monthly payments. These are shown on our price page. A copy of monthly invoices will be sent by e-mail.
It is your responsibility to ensure that the agreement is reported to Betalingsservice/Nets or creditcard correctly. If the agreement is not set up correctly, Urban Gym may charge the relevant applicable invoice fee, see our price page. If you have a new card number, you can make changes by logging into your member profile or by contacting our members’ service.
If you fail to pay an amount due on time, we will send a reminder either by e-mail or text and charge a reminder fee in accordance with applicable statutory interest rates. Your membership will be frozen until we have received the full amount due.
Urban Gym reserves the right to collect outstanding amounts through a solicitor or debt-collection company and to report bad payers to the Experian RKI register (formerly Ribers Kredit Information).
If you have not paid an outstanding amount within 10 days of the specified due date, Urban Gym may terminate your membership without further notice in accordance with Section 8.2.
6. RIGHT TO CANCEL
You have 14 days from the day on which you purchased your membership in which to cancel. To exercise your right to cancel the agreement, contact the Urban Gym members’ service within 14 days of purchasing your membership.
7. PRICE CHANGES AND CHANGES TO TERMS AND CONDITIONS OF MEMBERSHIP
As a member of Urban Gym, you will always be bound by these terms and conditions of membership. You can find the latest version here.
Urban Gym will notify you of any price changes and other changes to membership terms and conditions by e-mail and through notices in the centres and on the website at least 1 month prior to the changes entering into effect. If you do not wish to continue your membership as a result of changes, you may cancel your membership in accordance with the general terms and conditions of cancellation, see Section 8.1.
8.1 MEMBER CANCELLATION
You may cancel your membership at any time giving one month’s notice at the end of a month. If you cancel your membership on 15 May, for example, your membership will cease on 30 June.
You can cancel your membership on the Urban Gym website. You can also cancel your membership by sending an e-mail to [email protected] giving details of your first name and surname, membership number/personal identification number and a brief reason why you want to cancel your membership.
If there is any dispute about whether a membership has been cancelled, you will be responsible for demonstrating cancellation of your membership.
8.2 URBAN GYM CANCELLATION
Your membership of Urban Gym may be cancelled without notice if you fail to comply with our applicable Urban House Rules and/or if you are in serious breach of these terms and conditions of membership, including, but not limited to, failure to pay in spite of reminders, use of performance-enhancing drugs and repeated misuse of QR codes.
9. USE OF PERFORMANCE-ENHANCING DRUGS
Urban Gym is a member of DFHO (Dansk Fitness og Helse Organisation) (Danish Fitness and Health Organisation) and consequently also of Anti Doping Danmark. Therefore, as a member of Urban Gym you are obliged to undergo doping tests if requested to do so by a representative of Anti Doping Danmark. If you refuse to undergo a doping test, this will be regarded as a positive test result. A positive test result means that Urban Gym may terminate your membership with immediate effect, see Section 8.2.
Information about any positive doping test will be forwarded to DFHO and will result in a ban of at least 2 years from all DFHO-affiliated fitness centres.
10. PROCESSING OF PERSONAL DATA
Urban Gym records the personal details of people who have entered into a membership agreement with Urban Gym. We only record the details that are required in order to manage your membership. Urban Gym records the following types of personal information: Contact details and personal identification number. Information is not used for any purposes other than fulfilment of the membership agreement between you and Urban Gym. Information is kept for 36 months.
Questions, enquiries and complaints concerning the processing of your personal information by Urban Gym should be directed to Urban Gym, Mosedalvej 11, 2500 Valby, Denmark or to [email protected].
Complaints regarding the processing of your personal information by Urban Gym can also be directed to Datatilsynet [Danish Data Protection Agency], Borgergade 28, 5., 1300 Copenhagen K, Denmark.
11. RIGHT OF COMPLAINT
If you wish to make a complaint in relation to the purchase of your membership, contact our members’ service by e-mail at [email protected].
You can also register a complaint about your purchase from Urban Gym with the Konkurrence- og Forbrugerstyrelsens Center for Klageløsning [Danish Competition and Consumer Authority Consumer Complaints Board], Carl Jacobsens Vej 35, 2500 Valby, Denmark at www.forbrug.dk.
Complaints can also be registered on the EU Online Dispute Resolution website at http://ec.europa.eu/consumers/odr/. The Online Dispute Resolution website provides details of how to solve disputes out of court. You can only use the Online Dispute Resolution website if you are a consumer living in the EU. If you register your complaint using the EU Online Dispute Resolution website, you need to give details of our e-mail address [email protected].
12. APPLICABLE LAW AND JURISDICTION
All purchases covered under these terms and conditions of membership are subject to Danish law, with the exception of the CISG (Convention on Contracts for the International Sale of Goods), unless indicated otherwise in mandatory rules.
Any disputes, which cannot be settled amicably, will be resolved by the Danish courts, unless indicated otherwise in mandatory rules.
13. CONTACT INFORMATION
If you have any questions about these terms and conditions of membership, please contact us at [email protected] or