FITNESS24SEVEN AB MEMBERSHIP TERMS AND CONDITIONS

Valid from 8 June 2022

The following Membership Terms and Conditions apply to the contract ("Contract") between Fitness 24Seven AB, org. nr. 556635-4626 ("F24S" and "We") and a named person ("Member") on the services provided by F24S to its Members. In addition to these Membership Terms and Conditions, F24S applies the applicable Special Terms, Rules of Conduct, and other terms and conditions of services and offers, which are available on our website www.fitness24seven.com/avtal

1 Membership

Membership of F24S is personal and the minimum age for entering into a Contract is 18 years.

Membership entitles you to use F24S facilities in Sweden and Fitness24Seven’s facilities in other countries where F24S operates gyms directly or through its group companies – currently in Finland, Norway, Thailand, and Colombia. Please note that there may be local variations in the Rules of Conduct and customer service opening hours in different countries.

F24S is obliged to provide the agreed services (including, but not limited to, access to the gym) to the Member on the agreed date and time.

F24S reserves the right to refuse to grant a membership to any person who

i) are in debt to F24S or any of its group companies,
ii) have acted in breach of the F24S Membership Conditions, the Special Terms (paragraph 19) or the Rules of Conduct (paragraph 7) when they were previously Members of the F24S; or
iii) are permanently banned from accessing the F24S premises.

When membership is granted, the Member is issued with F24S membership card. The card is personal property of the Member. The card may only be used by the Member themselves and may not be transferred or lent to another person. When the membership ends, the Member must discard the membership card without delay.

1.1 Membership types

F24S offers three (3) different membership options

  • Regular - access to all fitness centers 24 hours a day.
  • Senior - a retired person (see section 3.5) who has the same access to fitness centers as a regular member
  • Student - a student (see section 3.5) with the same access to the sites as a regular member.

If the Contract provides for the use of an entrance for persons with reduced mobility, the contract only applies to premises with a designated entrance for persons with reduced mobility. Access to these premises is 24 hours a day.

2 Membership card and contact details

When visiting F24S premises, members must register for each visit by swiping their membership card through the card reader at the reception desk. Members are required to always keep their membership card with them during their stay, also during training, so that it can be presented at regular controls. If the membership card is lost or damaged, it must be reported immediately to the reception or to the F24S customer service, which will issue a new membership card for a charge in accordance with the F24S price list in force at the time (currently 99 kr).

In addition, the Member must inform F24S of any changes in contact and payment details (including name, e-mail address, telephone number and other information provided). All correspondence via mail will be sent to the Member’s registered postal address.

3 Payment

The validity of the Contract requires payment of the membership fee and the insurance premium, if agreed upon, in accordance with the Contract. The Member is personally liable for their payments to F24S. This applies even if another person is named as the payer in the Contract.

3.1 Fixed-term membership

If the Contract is concluded for a fixed term, the membership fee is paid in advance and in full at the time of signing the Contract. If the Member takes out accident insurance, the premium must also be paid in full in advance upon signing the Contract.

3.2 On-going Membership with autogiro

Only natural persons can pay by direct debit (autogiro). Payment of the training fee shall be made monthly in advance on the 29th. The Member undertakes to ensure that the amount is in the declared account no later than the banking day before the 29th. If the 29th is a public holiday, a draw shall be made from the account on the following business day. Notification of payments under the direct debit mandate shall be deemed to have been made until further notice by means of these terms and conditions. Payment of accident insurance must be made monthly in advance on the 1st of the payment month. If the 1st is a public holiday, a withdrawal shall be made from the account on the following business day.

3.3 On-going Membership with recurring card payment

The payment for an On-going Membership paid recurrently by credit or debit card will be made monthly in advance, as with autogiro, starting from the date of the Contract. The Member is responsible for ensuring that the credit or debit card is activated for recurring transactions both at the time of concluding of the Contract and during the term of the Contract and that the credit or debit card may be charged with an amount equal to the recurring Membership fee and any agreed accident insurance premium.

3.4 Unpaid membership fees

If the membership fee is not paid due to insufficient funds, default in payment via autogiro unauthorized credit or debit card, or for any other reason, F24S reserves the right to remove the Member’s access to F24S premises and other services and to transfer the debt to a collection agency. The Member's access to the F24S premises may be reopened once the Member has made full payment, including any interest on arrears and the legal costs of reminder and collection. However, the removal of access due to an unpaid invoice does not affect the Member's obligation to pay for the period during which access to the F24S premises was excluded.

3.5 Change in the price of an On-going contract

Promotional contracts regarding On-going Memberships will automatically be converted to the current price at the end of the promotional period. In the case of a Student Contract paid via autogiro or recurring card payment, the Member will receive the student price as long as the Member can present a valid student identification. On expiry of the period of validity, the price is converted to the regular price. The student price can be extended if a Member presents a valid student identification no later than ten (10) days before the expiration of the student identification. The student price will then be extended throughout the validity of the student identification. If a valid student identification is presented when the student discount has already been converted to the regular price, the membership fees will be adjusted for the upcoming months, but not retroactively. In the case of a Senior Contract where the Member is entitled to the Senior price on the basis of a certificate from F-kassan entitling them to a periodic sickness allowance, the Member will receive the Senior price until they are entitled to the sickness allowance. On the expiry of the period of validity, the price becomes the standard price. However, the Senior price may be extended if the Member presents a new sickness allowance certificate or other justification, such as an occupational pension or national pension card. A permanent Senior price is granted to those receiving a retirement pension or invalidity pension. There will be no retroactive price adjustments.

4 Contract term

F24S has no mandatory commitment period for On-going Contracts paid by autogiro or recurring card payment. The termination period is two (2) months from the date F24S receives the Member's notice of termination. A Fixed Term Membership has a fixed contract period, and the Contract will automatically terminate at the end of that contract period.

5 Suspension, transfer and termination

5.1 Suspension

Membership can be suspended for a service fee or free of charge if the Member provides a medical certificate of long-term sick leave, or pregnancy. The Contract may be suspended for a maximum period of twelve (12) months at a time. At the end of the suspension period, the membership is automatically activated. Retroactive suspension is not possible. The Member must keep the receipt of the suspension carefully and, if necessary, present it later at the request of F24S.

5.2 Transfer

Membership can only be transferred to another person one (1) time, i.e., the transferee cannot transfer forward. When transferring a membership, the transferring member must pay a transfer fee (currently 300 kr) to F24S in accordance with the current price list. The transferring Member must pay the service fee in accordance with the current price list (currently 150 kr) and accept these conditions in writing and F24S must accept the person as a Member. On-going Memberships, opening and promotional offers are not transferable.

5.3 Termination of Membership by a Member

Membership for an On-going period may be terminated with two (2) months' notice. If the On-going membership is terminated, any accident insurance will be terminated with the same two (2) months' notice. If a member wishes to terminate accident insurance only, this must be clearly stated in the notice of termination.
The fixed-term membership is valid until the end of the Contract term.
The Member can terminate the membership through F24S websites. Alternatively, the Member may send a notice of termination in writing to info@f24s.com or to F24S Customer Service, Stora Södergatan 4, 222 23 Lund. The notice of termination is binding and cannot be withdrawn.

5.4 Termination of membership for breach of contract by F24S

F24S may terminate a membership if the Member breaches these Membership Terms and Conditions or the related Rules of Conduct (paragraph 7) and other provisions.

In addition, F24S reserves the right to terminate the membership immediately if the Member commits a material breach of contract. A breach of the Special Terms (paragraph 19) will always constitute a material breach of contract.

If F24S terminates the membership, the Member's obligation to pay will continue for the remaining duration of the Contract. If membership is terminated immediately, all outstanding payments under the Contract become due immediately.

If the member's breach of contract causes damage to F24S, F24S shall be entitled to claim compensation from the Member for the damage caused to F24S.

6 Health condition

Members are responsible for ensuring that their health condition is such that they can safely participate in F24S activities.

7 Rules of Conduct at the gym

F24S is committed to equality for all people. F24S expects all its Members to treat each other and F24S staff with fairness and respect regardless of gender, gender identity, disability, ethnic origin, belief, sexual orientation or age. F24S has zero-tolerance for actions that members and staff may find offensive or degrading. This includes words, body language, clothing, and other forms of expression. Only clean workout clothes are permitted. Exercise is not permitted in bare torso, bare feet, jeans or work clothes. The facilities are intended for training-related activities and may be used by the Member solely for that purpose. For example, Members may not sleep or otherwise improperly stay on the premises. It is the Member's responsibility to comply with the Rules of Conduct in force and to comply with any instructions given by F24S staff, either verbally or in writing, concerning training methods and the use of equipment. Members are expected to behave at all times in a manner that does not disturb other Members, residents of the same property as F24S, or F24S staff and suppliers. If the Member behaves in a disruptive manner or fails to comply with the Rules of Conduct and guidelines, F24S has the right to restrict the Member's stay on the premises or the Member's use of the premises in general, or to terminate the Membership entirely in accordance with paragraph 5.

8 Guest

A member may bring up to one (1) guest per year and only during the reception’s opening hours.

9 Doping

F24S reserves the right to interfere with all use of illegal substances in its facilities. In these cases F24S reserves the right to report infringements to the police and suspend the member’s subscription indefinitely according to paragraph 5 and paragraph 19 (Special terms).

10 Accidents and limitations of liability

10.1 Accidents

If the Member has opted to join the F24S group accident insurance, the Member is insured during the time they are training at the F24S premises in Sweden. The insurance is valid until the last day of the validity of the insurance. The insurer of the accident insurance is currently HDI Global Specialty Sverige Filial, business ID 516402-6345, and the insurance is in the name of Svedea AB. Further information on accident insurance can be found on the F24S website (www.fitness24seven.com/medlemskap/olycksfallsforsakring/F24S reserves the right to change the insurance company provided that this can be done without changing the terms to the significant detriment of the member. Any change will be communicated to the Member within a reasonable time in advance.

10.2 Limitation of liability

F24S is not liable for personal injury, damage to property or loss of property of a member, unless such injury or loss is caused by the gross negligence of F24S.

Occasionally, F24S carries out maintenance work on the premises, as well as repairs, maintenance, and equipment replacements, which may lead to temporary deviations in opening hours. F24S shall notify the Member by reasonable notice in advance on the premises or by e-mail if the measures are likely to cause inconvenience to the Member.

F24S shall not be liable for any reduction or limitation of the service provided by F24S to a Member due to an event beyond the control of F24S which F24S could not reasonably have prevented or foreseen (including but not limited to: pandemic, strike, industrial action, fire, flood, riot, government order or regulation, or terrorism).

11 Changes to membership terms and service offering

F24S reserves the right to make changes to the On-going contracts’ membership fees, other fees and these terms and conditions.

If changes are made to the membership fees or terms and conditions that are detrimental to the member, the member will be notified by e-mail or SMS at least one (1) month before the change takes effect.

Since membership entitles the Member to use all F24S gyms, the Member is not entitled to terminate their contract or claim a reduction of the membership fee due to changes in the F24S offerings, unless the changes cause significant inconvenience to the Member.

Members who terminate their contract due to such a change are protected from any price change during the termination period. If the Member terminates its contract under this paragraph, the Member shall be able to prove in writing that termination has occurred.

These Membership Terms & Conditions have been drawn up in Swedish and English. In the event of conflict between these two versions, the Swedish version shall prevail.

12 Personal data

F24S processes the Member's personal data in accordance with the effective F24S privacy policy and applicable legislation. The Member shall be informed of any significant changes to such practices. The Member declares that they have read and understood the effective F24S privacy policy at the time of signing the contract, www.fitness24seven.com/sv/sekretesspolicy. Access to the premises without a security guard shall be by fingerprint identification. This information is stored only on each member's card and is compared with the information scanned at the time of entry. The Member has been informed that the entrance and the premises are monitored by camera surveillance for security reasons.

13 Identification

To pay by autogiro, a Swedish personal identity number, a Swedish bank account and a valid identity card is required. A valid identity card and, if necessary, a certificate of studies from a Swedish educational institution, a Swedish work permit, residence permit or a certificate of an asylum application submitted to the Swedish Immigration Service may be required for a fixed-term membership. To be eligible for a student discount, a valid student identification is required.

14 Right of withdrawal

A Member entering into a Contract remotely, for example via the F24S website, has the right to withdraw from the Contract within 14 days by notifying F24S in writing to the following address: info@f24s.com. To exercise the right of withdrawal, the Member may also use the model document provided by the Swedish Consumer Agency. F24S shall acknowledge receipt of the notification and refund the amount paid without delay. By entering into the Contract, the Member agrees that the provision of the Service may commence during the withdrawal period and the right of withdrawal does not apply if the Membership Card has been activated and the Service has therefore been provided. The withdrawal period expires 14 days after the date on which the purchase was made.

ADDITIONAL TERMS FOR ONLINE PURCHASES

• Paragraphs 15 and 16 only apply when the Member signs the contract via the F24S website.
• Purchases made online are personal in the sense that only the person wishing to become a Member can personally sign the Contract via the website.
• The Member has accepted, through the website, that the terms and conditions of this Contract apply to the Membership.

15 Payment

The Member must pay the agreed fees in accordance with the instructions on the F24S website. By committing to an On-going membership with a monthly payment by card, the Member undertakes to give his/her card information through a service provider (Nets) portal. The portal can be accessed through the link sent to the Member’s email address or through F24S websites.

Currently, it is not possible to change payment methods regarding On-going memberships (i.e. from autogiro to recurring card payments).

16 Terms of delivery

The effective date of the contract is the date on which the purchase is registered on the website and not the date on which the membership card is collected from F24S. Members can collect their membership card from the location indicated in the order confirmation e-mail during reception opening hours. The order confirmation will be sent to the email address provided at the time of purchase. The opening hours of F24S are published on the F24S website
(www.fitness24seven.com/vara-gym/se-vara-gym/).

DIRECT DEBIT MANDATE (AUTOGIROMEDGIVANDE)

Paragraphs 17 and 18 only apply when a member has signed a Contract with payment by Direct Debit (Autogiro).

17 Consent for payment by Direct Debit (Autogiro)

The undersigned (the ”Purchaser”) consents to payment being made through withdrawals from the account specified, or from an account specified later by the purchaser, at the request of the designated payee for payment to the latter on a specific date (the “due date”) by Direct Debit. The purchaser consents to personal data, provided in this agreement, being processed by the purchaser’s payment service provider, the payee, the payee’s payment service provider and Bankgirocentralen BGC AB (bank transfer service) for administration of the service. Those responsible for processing the personal data are the purchaser’s payment service provider, the payee and payee’s payment service provider. The purchaser may request access to, or correction of, personal details by contacting the purchaser’s payment service provider at any time. Further information on the processing of personal data in connection with payments can be found in the terms and conditions for the account and in the agreement with the payee. The purchaser may at any time revoke his/her consent, which means that the service will be terminated in its entirety. However, this does not mean that the purchaser’s agreement is terminated in relation to the payee.

18 Description

General information
Direct Debit is a payment service which means that payments are made from the purchaser’s account on the initiative of the payee. In order for the purchaser to be able to pay by Direct Debit, the purchaser must consent to the payee initiating payments from the purchaser’s account. In addition, the purchaser’s payment service provider (e.g. bank or payment institution) must give its approval for the account to be used for Direct Debit payments and the payee must approve the purchaser as a user of Direct Debit. The purchaser’s payment service provider is not obliged to examine the authorisation of or to notify the purchaser in advance of requested withdrawals. Funds are withdrawn from the purchaser’s account in accordance with the regulations applicable to the purchaser’s payment service provider. The purchaser is notified of withdrawals in accordance with the regulations applicable to the purchaser’s payment service provider. The purchaser is notified of withdrawals by his/her payment service provider. On the request of the purchaser, consent may be transferred to another account at the payment service provider or to an account with another payment service provider. The purchaser must notify the payee of this fact immediately.

Definition of business day
A business day is any day except Saturday, Sunday, Midsummer Eve, Christmas Eve or New Year’s Eve or any other official public holiday.

Payment information
The purchaser will be notified by the payee of the amount, due date and payment method no later than eight (8) business days before the due date. This may be communicated before each individual due date or on one occasion to cover several future due dates. If the communication refers to several future due dates, it must be provided no later than eight (8) business days before the first due date. However, this does not apply to cases where the purchaser has approved the withdrawal in connection with a purchase or the ordering of goods or services. In such cases, the purchaser is notified by the payee of the amount, due date and method of payment in connection with the purchase and/or order. By signing this agreement, the purchaser gives his/her consent to payments, covered by the payee’s communication as stated in this paragraph, being carried out.

The account must have adequate funds
The purchaser must ensure that sufficient funds are available in the account by 00.01 on the due date at the latest. If the purchaser has insufficient funds in the account on the due date, it could mean that payments are not made. If there are insufficient funds for the payment on the due date, the payee may make further attempts to withdraw the due amount over the following business days. The purchaser may request information from the payee on the number of withdrawal attempts.

Stop payment (revocation of payment order)
The purchaser may stop a payment by contacting either the payee no later than two (2) business days before the due date, or his/her payment service provider no later than the business day before the due date at the time specified by the payment service provider. If the purchaser stops a payment as above, this means that the payment in question is stopped for a single occasion. If the purchaser wants all future payments initiated by the payee to be stopped, the purchaser must revoke his/her consent.

Consent period, revocation
The consent is valid until further notice. The purchaser is entitled to revoke his/her consent at any time by contacting the payee or his/her payment service provider. In order to stop payments that have not yet been made, a revocation order must be received by the payee no later than five (5) business days before the due date or, alternatively, by the purchaser’s payment service provider no later than the business day before the due date at the time specified by the payment service provider.

The right of the payee and the purchaser’s payment service provider to cancel the Direct Debit
The payee is entitled to terminate the purchaser’s Direct Debit thirty (30) days after the payee has notified the purchaser thereof. However, the payee is entitled to immediately terminate the purchaser’s Direct Debit if the purchaser has repeatedly not had sufficient funds in the account on the due date, or if the account linked to the consent is closed, or if the payee believes for some other reason that the purchaser should not be approved for Direct Debit. The purchaser’s payment service provider is entitled to terminate the purchaser’s Direct Debit in accordance with the terms and conditions that apply between the purchaser’s payment service provider and the purchaser.

Bankgirocentralen, BGC AB
BGC AB is mandated to manage the Direct Debit procedure on behalf of the bank. The purchaser therefore consents to the coprocessing of data from the bank’s records about the account’s address with Bankgirocentralen’s data to an address register.

19 SPECIAL TERMS

By signing up for a membership of F24S, I confirm that I have read and understood the meaning of these Special Terms, and I am fully aware that F24S reserves the right to terminate my membership and, if necessary, to ban me from entering the F24S premises in case of a breach of these terms.

• If you are exercising between 22:00 and 08:00, please pay particular attention to any residents of the property and other exercisers in the fitness center and its nearby area. Use a ''normal'' conversational tone, do not drop weights, or use exercise equipment in a loud manner but complete the movements in a controlled manner.

• I give my consent to the storage of my fingerprint. This will be used for joining and ending the membership. I am aware that I will be photographed for the purposes of Membership. I am aware that the premises are monitored by 24-hour camera surveillance, and I hereby consent that the surveillance material may be disclosed to the police or other authority responsible for the investigation in the event of an offence report.

• Guards occasionally carry out member controls, so as a Member I must always have my membership card (membership ID) with me on the premises.

• I undertake not to conduct competing or personal business on or around F24S premises (e.g., by offering services as a personal trainer, group fitness instructor or selling exercise equipment).

• I have no right to let anybody in or out other than myself. Violation of this rule results in immediate removal of my access right. In case of any problems or emergencies, I shall immediately call the on-call service number.

• The use of prohibited substances is strictly prohibited on all Fitness24Seven facilities and will result in immediate termination of the contract.

• I am aware that F24S has a two (2) month period of notice for On-going memberships. F24S recommends that you, as a Member, provide proof of termination if required.

• I have read and understood the payment terms (direct debit/autogiro and recurring card payments). I also understand that if there are no funds in my account or debit card by the due date, or if I have not issued a direct debit/autogiro authorization via my online bank (online purchases), I will receive a reminder letter with a reminder fee and statutory interest for late payment. If the payment is not completed within the given deadline, my membership card shall be suspended until the payment is completed, and the debt will be transferred to collection.