OBJECT • These General Contracting Conditions are applicable to the Contracts made between The Gym Coco Beach located in Sardinal, Guanacaste, Playas del Coco: 200m North of the National Bank, (hereinafter and indistinctly, “The Gym” and its partners. member results all persons who have a signed membership contract in force, being the object of the same use of the facilities and services of The Gym Coco Beach gym. • By signing this Contract, which is binding on both parties, you declare and guarantee that: (i) the information provided in this Contract is correct and truthful and you will keep it updated at all times; (ii) you are in good health and are capable of active or passive exercise, and such exercises are not detrimental to your health, safety, comfort, well-being or physical condition; (iii) with the subscription of this document from the website by checking the box “I have read and accepted the conditions of the Contract and I have completed this questionnaire with total sincerity” and having sent the request to direct the payment data page , you accept these Contract conditions.
REGISTRATION CONDITIONS • This contract begins when you indicate your acceptance in the declaration section of the registration process as a member of The Gym through the website www.thegymcocobeach.com (hereinafter, the “Website”). • Your status as a member of The Gym is obtained with the registration, and the payment of the first month. • You will have all the rights and privileges applicable to the type of registration chosen. • You cannot assign this contract to anyone else. • Enrollment implies acceptance of the rules and regulations of use established by The Gym. • The membership of The Gym is personal and non-transferable. Any loss or damage arising from the improper use of the ownership of The Gym member will be the sole responsibility of the offending member. • Only people who prove that they are 16 years old or older can enroll in The Gym. Minors may register and use the facilities with the following conditions: (i) the application for registration and these conditions must be signed by the father, mother or legal guardian and attached to the same photocopy of their ID. (ii) By signing this document, the person signing as father, mother or legal guardian is responsible for the acceptance of this contract, as well as for all acts of the minor in the facilities of The Gym and declares that it meets the conditions necessary for the practice of sport, fully and expressly exonerating The Gym from any eventuality, setback, difficulty, problem, injury or accident that may occur due to such circumstance. • Notwithstanding the foregoing, The Gym may consider authorizing access to minors under 16 years of age under specific and exceptional conditions and, in any case, under compliance with the aforementioned conditions.
FEES AND PAYMENTS • During Promotional Campaigns: Advance fees will be charged by means of a charge to the credit or debit card number provided during your registration request, and are not refundable under any circumstances, except in those cases where the return is appropriate, such as detailed later. • The first monthly fee will be charged by means of a charge to the credit or debit card number provided during your registration request. • The first monthly installment will not be refundable under any ircumstances, except in those cases in which the return is appropriate, as detailed below. • The second and subsequent receipts will be charged by direct debit within the first fifteen (15) business days of each month. • The fees paid are not refundable or compensable in unused periods. • If you sign up for a fee promotion (any offer that involves a reduction of the current fee), you expressly accept and consent that, once the promotional or bonus period for full months is over, The Gym begins to apply the current monthly fee at the gym at that time, unless you communicate your wish to unsubscribe from The Gym through the client area. • If you take advantage of a special price when you register because you belong to the elderly population or to an educational institution, you must physically prove the club when you personally present your membership in that educational institution to benefit from its promotional benefits. Otherwise, you will have to pay the difference with the current rates to finalize your registration. • Non-payment of any fee implies the loss of all rights acquired in the registration. • You agree to notify us immediately of any change that occurs in the banking information provided. • All additional services and products will be paid with a debit or credit card, at the time of purchase. In no case may they be domiciled with the monthly fee. • If you want to change your quota modality, once the previous period has expired, you must pay the current quota of your gym at the time you decide to change the modality. • By signing this contract and the associated mandate order, you expressly authorize and consent that we charge or debit your credit card and your checking account the payments indicated above. • There is no type of permanence contract. • You can unsubscribe at any time through the customer area of our website. For the cancellation to be effective at the end of the current month, you must manage it before the last day of each month. • When processing the cancellation through the customer area, it will not be confirmed by us until you receive an email from The GYM confirming the cancellation. • When the bank returns a receipt and a fee is not paid, the customer’s entry is automatically blocked until they face that default. In addition, the member must pay three dollars ($ 3.00) as bank charges in the management of the first collection. • If you do not face a default situation before the last day of the current month, the customer management program will automatically remove you from the system and you will lose any membership rights. • Whether you have voluntarily canceled or if you have done so due to non-payment, you can always register again at The Gym. You must access your personal section of the website, make the payments that you have pending and pay the penalty for bank charges to return receipts, if applicable, as well as the proportional part of the fee for the month in which you join the club. • The Gym Coco Beach, as a company, reserves the right to modify the gym’s current rates at any time, to apply annual increase percentages and apply sales offers and promotions, all with prior communication to the member. These prices include VAT. • You will have the right to the general use of the facilities, the fitness room and the group classes given, according to the quadrant of classes exposed to the public and the previous agenda on the website, which will be established by the center for free use and provided that there is enough capacity in the class you want to participate in. • If the maximum authorized number of members is reached (capacity of the facilities, for security reasons, etc.), The Gym reserves the right to put the applicant-member on a waiting list in strict order of pre-registration, with the obligation to communicate the existence of a free place when The Gym becomes aware of the vacancy.
MODALITIES OF CONTRACT, MONTHLY, REGISTRATION AND PAYMENT CONDITIONS • The general fees or the amount you must pay will depend on the modality chosen on the website www.thegym-cocobeach.com at the time of registration. • The fees can be different for each client. Likewise, The Gym may apply offers on ordinary fees and prices. • The company reserves the right to modify the terms of this contract and the rates in force for the gym at any time, to apply an annual percentage increase and to apply sales offers and promotions. These prices include VAT.
RULES OF USE AND OPERATION. • There is a general regulation in the relationship between The Gym and the members: the member is obliged to comply with The Gym rules set out in The Gym facilities and on the website in the “Club Terms and Regulations” section, and which refer, among others, to the contracting conditions, opening hours, the use of the facilities and the conduct that must be maintained at The Gym. At any time we can make changes to these rules as long as we notify you of said change. • To access the gym facilities of TheGym, the member identification system will be used by QR code. Entry to the premises will not be allowed in any other way.
RESPONSIBILITIES. • The Gym will not be responsible for any health problems that you may suffer as a result of using our facilities or our exercise programs. Therefore, we recommend that you consult with a doctor before hiring our services in case you have high blood pressure, angina pectoris, heart disease, diabetes, chronic disease, fainting and, in general, if any other circumstance that affects your health and fitness. By signing this contract, you declare that you are in good condition for physical exercise. • The member and / or legal guardians, where appropriate, under their responsibility, declare to have the physical capacity or that of their client, to practice sport at The Gym facilities, assuming under their responsibility any eventuality, setback, difficulty, problem, injury or accident that may occur due to such circumstance, fully and expressly exonerating The Gym from any responsibility for these concepts. • The Gym is not responsible for objects that may be lost in the club’s facilities or, in particular, for those deposited in the lockers. • If we do not take any action or allow you to breach this contract or give you more time to pay or fulfill it, this will not be understood as a waiver by The Gym of any of the rights implicit in the contract or derived from the breach of the same. • This contract is governed by the law of the Political Constitution of Costa Rica. • We can terminate this contract with immediate effect and apply, where appropriate, the sanctions and penalties provided in the rules of The Gym, after notifying you, if you breach any of the obligations assumed under this contract or the rules of the club. • Your registration will be canceled immediately if you cancel the direct debit order or the payment with the credit or debit card. • The schedules that appear on the website may be modified at any time. Any change will be communicated to the member and the notice of change will be posted on the premises well in advance. • For security reasons, The Gym makes available to gym members or guests the free use of lockers for daily use where personal effects will be kept. • Lockers are for daily use, their occupation is limited to the daily time the member stays in the facility and must be left free and available once that time has ended. • The Gym does not assume any responsibility for the objects brought by the members, especially clothing and valuables, money or documentation. You assume the risk of theft in such cases, as well as the loss thereof, therefore recommending The Gym to members not to bring any valuables to the facilities or leave any valuables in the lockers. • The Gym will not assume any responsibility for the damages and losses that the members may suffer due to the inappropriate use of the sports machinery. • It is strictly forbidden to enter the facilities of The Gym drugs that require a prescription or drugs that increase physical potency (anabolic). In the same way, it is strictly forbidden to offer or distribute said drugs to other members in exchange for payment or for free, as well as to serve as an intermediary or facilitate their access in any way. In these cases, The Gym will have the right to terminate this contract immediately and without prior notice and may file a complaint with the relevant authorities. Furthermore, The Gym reserves the right to claim compensation for damages. • In relation to the provisions of these conditions, The Gym’s pre-contractual, contractual and extra-contractual liability is limited to those cases in which gross negligence of the latter has occurred.
RESOLUTION OF CONFLICTS. • The parties agree that any difference, discussion or litigation that may have its origin in the provisions of this contract or derive from its execution will be resolved by the Courts and Tribunals of the Republic of Costa Rica.
GUARANTEE OF RETURN OF PAYMENTS AND RIGHT OF WITHDRAWAL. • If the member registers in the gym through the website ww.thegym-cocobeach.com and later decides to cancel the registration, they will have the right during the first fourteen (14) calendar days from the registration to the cancellation of the same and request for a refund of amounts actually paid.
RULES OF THE CLUB. • In the use of the facilities you must be careful and respectful. After the exercise is over, the machines should be left clean and available to others. • The equipment, material and facilities must be used correctly, the user being responsible for any deterioration caused by improper use. • The spaces used must be kept orderly and clean. • Bodybuilding equipment (dumbbells, discs, benches, weights, etc.) cannot be moved outside the area designated for their use. • At the end of the exercise, the weight training equipment must be stored in its corresponding support and not left on the floor. • Bars and discs must be unloaded and left in place after exercise is complete. • The material must remain in the facilities, and must be left in its place and in the correct order. • The material in the directed activities rooms is exclusive to those rooms and cannot be used outside them. It must be left in place and in correct order within the rooms. • The theft and / or destruction or damage of material will entail the automatic expulsion of the facilities and the definitive cancellation as a client of The Gym, with loss of the rights derived from the condition of subscriber, as well as the return of the stolen and / or the replacement of what was destroyed or damaged or its value, without prejudice to the actions that legally proceed. • Material and equipment must be shared if necessary. While resting it can be used by another person. • Cleanliness is important. They must wash their hands before entering the facilities and perform hand cleaning with alcohol, in addition to using the trash cans installed in the gym to deposit disposable napkins and other waste (bottles of water, shampoo, papers, etc.). • A towel should be used throughout the training and in group classes. • In sports and activity areas, closed sports clothing and shoes should be worn, as well as suitable sports clothing. • It is forbidden to step on the shower area with street shoes. • It is forbidden to put drinks in glass containers. • You must have respect and good treatment with other members or employees of The Gym. • Aggressions, insults, or aggressive, offensive or inappropriate behavior will not be tolerated in any case. In these cases, The Gym may decide the automatic expulsion of the facilities and the definitive cancellation as a client of The Gym, with the loss of the rights derived from the condition of subscriber, without prejudice to the actions that legally proceed. • The schedules of the activities, as well as the opening and closing times of the gym, must be respected. • In directed activities, you can only reserve material or equipment from the ten (10) minutes prior to the start of the activity. • Only personal trainers expressly authorized by The Gym for such purposes, may carry out such activity at The Gym facilities. • Lockers are not permanently assigned. Their use is limited to the time the subscriber is in the facilities, so they must be left free at the end of said stay and, in any case, at the end of the day. The Gym will be able to open each and every one of the lockers at the end of the day. The Gym reserves the right to open and empty lockers that have been occupied or closed without authorization, or that have not been emptied at the end of the day, being able to remove, without the right to reimbursement, the locks that have been placed. The belongings removed will be kept in the facilities for a period of ten (10) days, during which they may be claimed by the subscriber who proves in some way to be their owner. Once this period has elapsed, the belongings will be presumed abandoned for all purposes, The Gym not assuming any responsibility for them. • The Gym is not responsible for the objects that may be left in any of the club’s facilities and, in particular, those that are deposited in the lockers. • The consumption of food is prohibited in any of the club rooms. • The use and consumption of narcotic substances, anabolic substances or alcohol is prohibited. • Smoking is not allowed on the premises. Failure to comply with said legal prohibition will be cause for automatic expulsion from the facilities and definitive cancellation as a The Gym customer, with loss of rights derived from the condition of subscriber, without prejudice to the actions that legally proceed. • Access and use of the facilities is reserved for The Gym subscribers. Participation in the unauthorized introduction of people will be cause for automatic expulsion from the facilities and the definitive withdrawal as a client of The Gym, with loss of rights derived from the condition of subscriber, without prejudice to the actions that legally proceed. • The facilities are equipped with surveillance and security systems with image recording. • The Gym staff will ensure compliance with the rules of conduct and use of the facilities, and their instructions must be followed. • The Gym reserves the right to limit or prevent the right of admission to the facilities when circumstances or people’s safety so advise, in any case, in order to prevent access by people who behave in a violent manner, who may cause discomfort to staff or other users or that may alter the normal development of gym activity. • Failure to comply with these rules may, depending on the severity, lead to expulsion from the facilities, removal of The Gym with loss of subscriber rights, and other sanctions that are appropriate according to The Gym’s criteria. • The Gym reserves the right to dictate, develop and modify the rules of conduct and use of the facilities, which will justify and notify in advance, the member having from that moment the possibility of canceling the contract without any penalty.
PRIVACY AND DATA PROTECTION. (RGPD). At THE GYM we believe in the importance of guaranteeing the security and identity of our associates, as well as the correct treatment of the data that they give us for the performance of our functions. That is why we have adapted to the international regulations for the protection of personal data and we put at your disposal everything you need to understand it. In addition, we have provided security measures to guarantee compliance based on the type of data we use and its correct treatment through risk analysis techniques. Among others, the legislative framework to which we refer to the Law Protection of the Person against the processing of personal data No. 8968 At THE GYM we use your data for the correct execution of the services offered by our Club /Gym. Among others: to guarantee correct access to our facilities for the use of our sports equipment for the proper use of the “Customer Area” for administrative purposes to be able to inform about the news and promotions of our clubs; You will be able to accept or deny the use of advertising communications to manage the inscriptions in job offers. The processing of your data for the development of the actions described above is based on your express consent, which you grant by providing the data that is requested. What are we going to use your data for? – PURPOSE AND LEGITIMATION – by filling in and accepting this legal notice in the registration process in our Club or through the registration form of this Web Space. In no case, automated individualized actions and / or profiling will be carried out that produce legal effects or significantly affect you in a similar way.The personal data provided will be kept for the duration of the binding contractual relationship or it does not request its deletion and provided that they are adequate, pertinent and limited to what is necessary for the purposes for which they are processed. The member / subscriber will be solely responsible for the completion of the forms with false, inaccurate, incomplete or outdated information. Who will we communicate your data to? – ASSIGNMENTS OR TRANSFERS – Your data will not be transferred to any entity or professional or third party outside the proper use of your information in order to provide a correct service by THE GYM. You are informed that THE GYM contracts the management of backup services with a data controller located in the United States, who guarantees an adequate level of protection of personal data. In addition, the “Work at Viva Gym” Area is managed by a Personnel Selection and Marketing entity that complies with the technical and organizational guidelines on security and data protection in order to comply with the process that we link. Where do we get your data from? – ORIGIN – At THE GYM we are aware of the importance of legitimate origin in the collection of data by our partners and users. For this purpose, we inform that THE GYM does not acquire third-party databases. The data that we use and give treatment, have been provided by users and partners in a conscious way and through express consent when the registration forms are completed. What are your rights and how can you exercise them? – RIGHTS – Any member or user has the right to obtain confirmation as to whether THE GYM is treating personal data that concerns them, or not. Likewise, as provided by the General Data Protection Regulation (RGPD), we inform you that you have the following rights: o Access your data As a member and user, you have the right to access your data to know what personal data we are treating that concern you. o Request the rectification or deletion of your data In certain circumstances, as a member and user, you have the right to rectify those inaccurate personal data that concern you that are subject to treatment by us or, even, to request its deletion when, among other reasons, the data is no longer necessary for the purposes for which it was collected. o Request the limitation of the processing of your data In certain circumstances, as a member and user you will have the right to request the limitation of the processing of your data, in which case we inform you that we will only keep them for the exercise or defense of claims as provided for in the law. In certain circumstances, as a member and user, you will have the right to receive the personal data that concern you, and that you have provided us, in a structured, commonly used and machine-readable format, and to transmit them to another data controller. o Oppose the processing of your data In certain circumstances and for reasons related to your particular situation, as a member and user, you will have the right to oppose the processing of your data in which case, we would stop processing them except for compelling legitimate reasons, or the exercise or the defense of possible claims. The subscribed user has the right to withdraw consent at any time, without affecting the legality of the treatment based on the consent prior to its withdrawal. Although, in case of withdrawing consent, you will not be able to use our services. Where should you go to exercise your rights? For the exercise of the recognized rights, the interested party may contact through the following means: Email with the subject Data Protection of THE GYM, this is, email@example.com We will respond to your requests as soon as possible and, in any case, within the deadlines required by current legislation. How long do we keep your data? Your data is kept throughout the relationship in which we provide our services to partners. Once the contractual relationship is finished, your data will be stored for the periods in which the Law requires us to carry out fiscal and administrative tasks. In any case, when a member / user ceases to be a member, their data will be blocked in the system so that they do not receive information about our services again, unless they consent to the sending of advertising and promotions during the cancellation process.
SOCIAL NETWORKS THE GYM THE GYM has a corporate profile on the main social networks on the Internet (Facebook, Instagram, Twitter, Linkedin, and You Tube), knowing in all cases responsible for the data processing of its followers, fans, subscribers, commentators and other profiles. of users. The treatment that THE GYM will carry out with said data will be, at most, the one that the social network allows to the corporate profiles and will always have informational purposes. Thus, THE GYM may inform its followers by any means that the social network allows about its news and developments in its catalog of offers and promotions about our services and clubs. In addition, THE GYM has a purely informative BLOG. In this space, news of interest for the activities we develop are published; You can proceed to comment on them, for this it will be essential to accept the corresponding legal notice.
This december 2020 you can visit us at the new gym of Coco Beach.
Sardinal, Coco Beach. 200 m N from National Bank.
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