Gymnasia terms of service EN

Approved by the Director

GYMNASIA SERVICE PROVISION AGREEMENT (PUBLIC OFFER AGREEMENT)

General provisions

This document is a public offer (hereinafter referred to as the Public Offer Agreement or Public Offer or Agreement) of Lisi Sports LLC (identification number: 405489118, e-mail: info@gymnasia.com, legal address: Georgia, Tbilisi, Vake-Saburtalo district, the village of Kvemo Lisi, actual address: Georgia, Tbilisi, E. Amashukeli St. #14a, phone: +995 551 53 75 37), hereinafter referred to as "Gymnasia", and contains all essential terms and conditions for rendering sport and other service specified in the List of Services on gymnasia.ge, in accordance with the current Schedule to any person, hereinafter referred to as the Customer, and the rights and obligations of Gymnasia and the Customer in receiving services. The List of Services and the Schedule are annexed to the Agreement.
The Agreement constitutes a Public Offer in accordance with Article 329 of the Civil Code of Georgia. Therefore, Gymnasia asks to take a close look at the text of this Public offer and to refrain from entering into this Agreement in case of disagreement with its terms.
By accepting this Public Offer, an individual becomes the Customer, and Gymnasia and the Customer together become the Parties to this Public Offer Agreement. The payment of the first service by the Customer shall be deemed to be an acceptance of this Offer.

Procedures for the provision of services

The List of Services, their description, conditions of provision, the period of validity of the Service offer and the cost of Service shall be approved by Gymnasia in the List of Services. The List of Services is available at an enquiry counter at Gymnasia, on the website: gymnasia.ge and in a Gymnasia application. The Customer shall be entitled to use any of Services set out in List of Services of Gymnasia on the terms and subject to the conditions set out in this Public Offer Agreement.
The Customer shall use Service within one month from the date of its payment. This period shall not be extended and the cost of unused Service shall not be refunded to the Customer unless otherwise agreed by the Parties.
Services shall be provided in accordance with the Schedule of individual and group trainings (hereinafter - the Schedule) which is approved by Gymnasia. The Schedule is public and is available at an enquiry counter at Gymnasia, on Gymnasia's website: gymnasia.ge or in the Gymnasia application.
The times and locations of Service are set out in the Schedule.
Gymnasia's open and closed hours: on weekdays: 09:00 - 22:00, at the weekend and on public holidays: 09:00 - 22:00. Access to Gymnasia will be possible 1 hour before closing.
Gymnasia shall have the right to change the opening hours. The information about the changes in the opening hours of Gymnasia shall be posted on an enquiry counter at Gymnasia, on the website of Gymnasia: gymnasia.ge, and in the Gymnasia application.

Rights and obligations of the Parties

Gymnasia shall be obliged to:

Inform Customers of the current List of Services and Schedule of trainings at Gymnasia as set out in paragraph 2.1 of the Agreement;
Provide Services to the extent and under the conditions as defined in the List of Services in accordance with the Schedule of trainings;
Ensure the proper functioning of the sports equipment, facilities and auxiliary equipment in Gymnasia's premises for the customers of Gymnasia;
During the provision of Services, provide the Customer with the opportunity to use locker- rooms, showers, and lockers for storing things in the locker-rooms;
Ensure the proper performance of other terms of this Agreement;

Gymnasia shall have the right to:

Determine the List of Services and set the cost of Services;
Engage third parties to provide Services while remaining obliged to the Customer;
In the event of emergencies not attributable to Gymnasia and/or in the event of force majeure, unilaterally limit the scope and extent of the provision of Services to Gymnasia's customers without any compensation;
Without further consent of the Customer, transfer its rights and obligations to third parties, provided that such transfer of rights and obligations will not result in impairment of the performance of this Public Offer Agreement;
For the purpose of protecting the property of Gymnasia, employees and its Customers, preventing crime, ensuring public safety, securing Services provided and controlling the lawful entry of Customers into Gymnasia's premises, place technical means of photo, audio and video surveillance in the territory of Gymnasia. Gymnasia shall monitor the exterior perimeter and entrances of the building, work areas by means of photo, video and audio surveillance systems;

Gymnasia will post warning signs about photo, audio and video surveillance in a prominent location for Customers.
The exercise of this right does not involve the collection of information about a particular person. Information reflected in photo, audio, video material may be used as evidence of unlawful acts;
If necessary, Gymnasia may also carry out photo, audio and video surveillance in order to improve customer service, and the Customer will be informed about it in advance.

Refuse to provide Services if the Customer does not have a pass (paragraph 3.3.9 of this Agreement) provided that the identification of the Customer is not otherwise possible;
Demand elimination of the breach in the event of non-performance or improper performance of the terms of the Public Offer Agreement by the Customer;
Enjoy other rights of the Public Offer Agreement, its annexes and additional agreements, as well as other rights provided by the Rules of Gymnasia and the Georgian legislation.

The Customer of Gymnasia shall be obliged to:

Pay for Services in the manner and on the terms of the Public Offer Agreement.
Observe the general rules of Gymnasia provided in paragraph 4 and its subparagraphs of this Agreement;
During the training strictly follow the instructions of a trainer or instructor, comply with the recommendations of a trainer or instructor about the duration of trainings;
Customers under the age of 18 shall be provided Services only with the permission of his/her parent(s) or legal representative and only with participation of a trainer or instructor;
Attend group/individual trainings according to the Schedules. If the Customer is more than 10 minutes late, an instructor or trainer shall have the right not to allow the customer to attend the training.
Not to give the keys to lockers, passes and other property of Gymnasia to third parties.
Notify Gymnasia in writing and in a timely manner of any diseases (including hidden disorders) or any medical contraindications preventing the receipt of Services, and to inform on any changes in health (including pregnancy), complications, side effects, etc. during or after receiving Services.
While staying at Gymnasia, keep your belongings (jewelry, keys, watches, telephones, computers, money, expensive items, important documents etc. ) in the lockers and when leaving Gymnasia, empty your lockers of stored items and hand in a key;
In order to obtain a pass to Gymnasia and to receive Services, the Customer shall provide the following necessary personal data: name, surname, address, telephone number, e-mail address, details of Customer's identity document, biometric data (photo);
Promptly notify Gymnasia in writing of any change in personal data or of circumstances that may affect the performance of obligations under this Agreement, including but not limited to, change/loss of means of identification, keys to individual lockers or loss or damage to an item given in the temporary possession/use of/be Gymnasia;
Cancel or reschedule the paid Service by notifying Gymnasia at least twenty-four (24) hours prior to the time of provision. In case of violation of this obligation, neither the time of service nor a refund will be given.

The customer shall be prohibited to:

Disturb other visitors to Gymnasia or break clean and order;
Wear outerwear and outdoor shoes in the territory of Gymnasia;
Attend Gymnasia if the Customer shows signs of illness. Otherwise, Gymnasia shall be entitled to suspend the Customer from attending Gymnasia temporarily until ultimate recovery of the customer;
Instruct and give recommendation to other Customers and other visitors to Gymnasia on the trainings;
Enter the service and other technical rooms; independently adjust any engineering and technical equipment without special permission of Gymnasia staff.
Engage in business or other activities in the territory of Gymnasia which is not connected with the receiving service of Gymnasia without the written consent of Gymnasia;
Assign his/her rights and obligations under this Public Offer Agreement to third parties without further written consent of Gymnasia.

The Customer of Gymnasia shall have the right to:

Use Gymnasia's Services and participate in Gymnasia's activities at his/her own wish;
Get access to the Gymnasia application to receive Services or by registering using own Gymnasia identification details or on gymnasia.ge;
Receive help, advice, instruction from instructors relating Services provided.

General rules of Gymnasia

For training, you should change into clothes appropriate to the chosen type of training (in the gym, in the group training halls, etc.), wear closed sport shoes with laces. The upper body must be covered. No spiked or heeled shoes are allowed in fitness areas and gyms. Barefoot, slippers, flip-flops or other similar shoes are not permitted except in special trainings (e.g. yoga, choreography training). It is forbidden to go outside Gymnasia in changed athletic shoes;
Quietness and basic rules of conduct must be observed in the territory of Gymnasia. Any public actions not coordinated with the Administration of Gymnasia are prohibited. By public actions are meant the distribution of any kind of leaflets, holding promotional events for political or other commercial purposes;
Gymnasia is equipped with modern musical equipment providing musical accompaniment in the training areas. The choice of music in Gymnasia is made by the Administration.
When attending Gymnasia, the customer shall not leave personal belongings and clothing unattended. Use the lockers in the locker rooms to store them.
It is prohibited in the territory of Gymnasia to:

Bring bags into the training halls;
Smoke in the premises and territory of Gymnasia;
Be in a state of alcoholic, narcotic or other toxic intoxication, as well as consume alcoholic beverages, drugs and unauthorized medicines directly in the territory of Gymnasia; bring and keep any kind of weapon; Gymnasia has the right to apply measures to the mentioned persons in the form of suspension from trainings and removal outside Gymnasia.
Attend Gymnasia with a residual state of alcoholic intoxication.
Distribute (including sell) alcoholic drinks and narcotic drugs in Gymnasia.
Speak loudly and aggressively, use abusive language, disturb others;
Bring any kind of food into the training area;
Independently use music and other equipment of Gymnasia;
Chew gum during training - it is dangerous for life;
Leave personal items and beverage tare in the training areas after training;
Reserve and monopolize equipment;
Enter the area designated for official use only, unless specifically invited to do so;

Changing clothes is allowed only in the locker rooms;
Lockers in the locker room shall be used for placing clothes, shoes and other personal items;
Key to a locker shall be given at the reception and must be returned after the end of training and use of the locker room;
In the event of loss of a locker key, the cost of the lost key shall be reimbursed;
It is not allowed to: leave personal things outside the locker; leave a locker key in the lock while attending training; leave own things in lockers after the end of training;
All lockers in the locker rooms will be opened at the end of working hours according to Gymnasia's schedule.
Items forgotten in the locker rooms and left in lockers shall be removed and handed over to the Administration of Gymnasia for safekeeping. All items found in the territory of Gymnasia will be stored in Gymnasia within a month. If the items are not claimed by the owner, they shall be utilized;
General sanitary and hygienic requirements must be complied with when using the locker room toilets;
The locker room showers of Gymnasia are intended only for light aesthetic washing after trainings;
During the busiest hours of the showers, the order of their attendance must be observed and be courteous to each other;
Shampoos and detergents in glass containers must not be brought into the showers;
In the showers it is not allowed to: dye hair; use shaving accessories; perform skin care procedures (scrubs, oils, masks, etc.); wash shoes and wash clothes.

Cost of service, and procedure of settlement

The cost of Services shall be set out in the List of Services.
Payment of the cost of the desired Service shall constitute the Customer's acceptance of Gymnasia's Rules, the terms of the Public Offer Agreement and the Agreement shall take effect;
Payment for Services for Customers under the age of 18 shall only be made by a parent or legal representative. The administration of Gymnasia will not accept money from minors under the age of 18;
The Customer shall have the right to pay both in cash to the cash office of Gymnasia and via bank transfer to the bank account of Gymnasia;
All payments under the Agreement shall be made in the national currency of Georgia - GEL.

6. Liability of the parties

The Customer shall be liable to Gymnasia for all property damage caused to Gymnasia in full;
If the Customer causes property damage to Gymnasia, the administration of Gymnasia will draw up a formal note, which will be signed by authorized representatives of the parties. If the Customer refuses to sign the formal note, Gymnasia shall sign it unilaterally in the presence of two disinterested persons and shall send one copy of the note to the Customer. The Customer shall reimburse the damage in full within five (5) calendar days of receipt of the formal note. Gymnasia shall be entitled to deduct all or part of the damages from the amount received from the Customer as payment for Services.
In the event of systematic (two or more times) breach of Gymnasia's Terms and Conditions by the Customer, the Public Offer Agreement may be unilaterally terminated by Gymnasia.
If the Customer improperly performs the obligations under this Public Offer Agreement, resulting in claims from any user, another customer or other third parties, the Customer shall consider such claims independently and indemnify the aggrieved party.
By agreeing to the Public Offer Agreement, the Customer of Gymnasia declares that he/she has no medical contraindications for visiting Gymnasia and receiving Services. Gymnasia shall not be liable for damage to the life and health of a Gymnasia Customer if the Customer has failed to notify Gymnasia of a medical condition and illness incompatible with training.
The parties shall be released from liability for partial or complete failure to perform their obligations under this Public Offer Agreement if such failure was a result of force majeure circumstances which the parties could not foresee or prevent. Force majeure circumstances include: flooding, fire, earthquake and other natural phenomena, as well as war, hostilities, blockade, prohibitive actions of authorities and acts of public authorities, destruction of communications and power supply, explosions, road and access road closures to Gymnasia, public utility accidents, hot and cold water supply cut, heating cut.

Gymnasia shall not be liable:

For harm to the customer’s health caused by the breach of Gymnasia's Rules of Attendance and/or safety regulations by the customer when using Services, for harm caused by the customer’s negligence and/or culpable acts;
For damage to the customer’s life, health and/or property caused by the actions of third parties;
For loss or damage to personal belongings left by the customer in Gymnasia's locker- rooms or other premises of Gymnasia;
For damage related to deterioration of health of the Customer while using Services if the Customer's health has deteriorated as a result of an acute illness, exacerbation of an injury or chronic illness;
A parent or legal representative of the customer under the age of 18 shall be liable for the health condition of the customer.

Consent to acquisition and processing of personal data

By virtue of the Law of Georgia on Personal Data Protection the customer of Gymnasia give Gymnasia consent to automatic, semi-automatic and non-automatic processing of his/her personal data as specified in article 7.2-7.3. and other sub-paragraphs of this Agreement, namely: collection, photo, audio, video recording, organization, storage, replacement, recovery, retrieval, use or disclosure for the purpose of transmission, dissemination or otherwise accessing, grouping or combining, blocking, deleting or destroying the data.
Forms of data processing for which consent is given:

List of personal data for the processing of which consent is given:

First name, surname;
Gender, age;
Date of birth;
Personal number;
Passport data;
Address of residence registration and address of actual place of residence;
Telephone number (mobile);
E-mail address;
Special category data (including biometric data).

The Customer give Gymnasia consent, free of charge, to:

Take photographs, audio and video recordings of events organized by Gymnasia involving the Customer;
Use and publicize in whole or in part any photo, audio and video material or other information material involving the Customer in advertising, publicity and other purposes, including via any media and in any way, in promotional leaflets and in all media, TV, film, video, Internet, leaflets, postal mailing, catalogues, posters, promotional articles, packaging, etc., place these materials on the outdoor and indoor stands, in printed publications both in Georgia and abroad;
Perform any act in relation to photo, audio and video involving the customer, including but not limited to the collection, organization, storage, replacement, recovery, retrieval, use or disclosure for the purpose of transfer, dissemination of data, or otherwise making available, grouping or combining, blocking, deleting or destroying data;
Assign the rights to the photo, audio and video materials as well as other informational materials involving him/her to third parties.

The Customer agrees that the following may be done with the photo, audio and video material as well as other informational material with his/her participation:

Photos, images and videos may be copied, presented and made available to the public and/or adapted for use;
Photos, audio and video material may be processed by authorized processing.

Gymnasia warrants that it will not use any photo, audio or video material or other informational material involving the Customer in a manner that defames the honour, dignity and business reputation of the Customer.
The Customer authorizes Gymnasia to make various marketing offers to offer Services, goods or to require any action from the Customer by telephone, email, and other means of telecommunication or direct communication with Customers.
By accepting to this Agreement, the Customer confirms that he/she acts voluntary, in his own interest and is fully acquainted with the text of this Agreement.
The Customer, as the subject of personal data, has been informed that the Customer has the right to withdraw the consent given by him/her at any time, without giving a reason, in accordance with paragraphs 7.2. - 7.3 hereof and to demand the termination of the data processing or/and the destruction of the processed data.

9. Validity period of the Agreement and basis for its termination

This Public Offer Agreement shall be valid from the moment of payment for the first Service on gymnasia.ge or through the Gymnasia App or from the moment of signing of this Agreement at the Gymnasia reception and paying for the desired Service. The Public Offer Agreement shall be concluded for an indefinite term.
The Public Offer Agreement may be unilaterally and extrajudicially terminated by the Customer at any time by sending the respective application. The date of termination shall be the date of acceptance by Gymnasia of the Customer's written or electronic application, unless a later date is specified in the application. In such case, the Customer shall be entitled to receive the Services paid for at the time of termination of the Agreement in the prescribed manner, unless otherwise agreed by the Parties at the time of termination.
The Public Offer Agreement may be unilaterally, extrajudicially terminated by Gymnasia if the Customer breaches the terms of this Agreement and/or the Rules of Gymnasia. In such a case the Customer shall not be entitled to receive the services paid for at the time of termination and no refund shall be granted.

Final clauses and signatures of the parties

Gymnasia has the right to make changes to the Agreement and to the List of Services, Schedule and other annexes to the Agreement. These changes shall be published on gymnasia.ge, in the Gymnasia application and posted at an enquiry counter at Gymnasia. The Customer shall be deemed to have accepted the changes at the moment of payment or receipt of the next Service after the said changes have been published.
The exchange of personal information, including applications, claims, notices is possible through the customer’s personal account on the website gymnasia.ge or in the Gymnasia application or by sending information by email specified on the Gymnasia website by the customer during registration of the customer (paragraph 3.3.9 of this Agreement). The information/document shall be deemed received by the other party on the day following the day on which it was sent.
The Customer shall have the right to obtain a paper copy of this Public Offer Agreement once by submitting a written or electronic application to Gymnasia.
The Parties shall endeavor to settle all disputes and disagreements between the Parties under the Agreement, in connection with the Agreement and/or its performance, by negotiation. If the Parties fail to reach a mutually acceptable solution as a result of negotiations, the dispute shall be settled in Tbilisi City Court.
The Customer understands the contents of the Public Offer Agreement, fully and unconditionally accepts all its terms and conditions without any exceptions and/or limitations.
General information shall be deemed to have been communicated to the Customer if it is posted on Gymnasia's information boards and/or on gymnasia.ge or the Gymnasia App.
In all other matters not provided for in the Agreement, the Parties shall be governed by the applicable Laws of Georgia.
The Parties confirm that they have fully and unambiguously understood the object and content of this Public Offer Agreement, the rights and obligations of each Party arising from or related to the Agreement, the essence of the terms adopted in the Agreement and the compliance of the text of the Public Offer Agreement with the intentions and wills of the Parties. The Agreement shall be concluded on terms favourable to the Parties and shall not be the result of the impact of severe circumstances for the Parties.