General terms and conditions for ELIXIA membership
Applies from 26.03.19.
The following terms and conditions are applicable between the person ("Member") who is named in the agreement ("Membership Agreement") and ELIXIA. These terms and conditions are an integral part of the Membership Agreement. In addition to the Membership Agreement, the member shall also be bound by specific terms and conditions that may, at any time, apply to other services and offers. These terms and conditions are available on our website.
2. ELIXIA membership
2.1. ELIXIA membership can be taken out by persons over the age of 18 who:
2.1.1. Are in generally good health and, in the opinion of ELIXIA, there is no obvious risk to the person's health and/or injury.
2.1.2. Does not have any outstanding debt associated with a previous ELIXIA membership.
2.1.3. Has not previously been banned from one or several ELIXIA centres.
2.1.4. Has not acted negligently in connection with a previous ELIXIA membership.
2.2. A person under the age of 18 may take out ELIXIA membership with the agreement of their parent or guardian. The parent or guardian will be legally responsible for the membership and will be liable for all payments associated with membership.
2.3. The Member will be issued with an ELIXIA membership card. The membership card remains the property of ELIXIA and is for the personal use of the Member only. The Card may not be lent or transferred to a third party. On termination of membership, the Member is to destroy the membership card without undue delay.
2.4. A photo of the Member will be taken at time of enrolment.
2.5. Membership is valid from the date specified in the Membership Agreement.
2.6. Membership in ELIXIA is a continuing agreement, irrespective of the binding period. At the end of the binding period, membership shall continue until membership is ended, in accordance with chapter 7. Binding period is always 12 paid full months.
2.7. Membership is personal and may not be transferred or used by anyone other than the member.
2.8. Membership gives the member the right to use any ELIXIA centre as specified in the Membership Agreement. The Member also has the right to take advantage of all available offers according to the applicable terms and conditions.
2.9. ELIXIA´s at any times applicable memberships, concepts and additional services with associated descriptions and rates, appears on our website.
2.10. Upgrading membership: Members can upgrade their membership at any time, in order to use multiple centres, concepts and additional services in accordance with ELIXIA available offers. Upgrades are effective immediately.
2.11. Downgrading membership: Members can downgrade their membership at any time, in order to access fewer centres, concepts or additional services. Downgrades take effect at the end of the following month.
2.12. When changing membership level, Members with membership that ELIXIA no longer offers, will be transferred to the ELIXIA membership structure available at that time.
2.13. ELIXIA cannot guarantee spaces will be available in training sessions etc., where numbers are limited.
2.14. ELIXIA will, as far as possible, adapt its offers and opening hours at fitness centres in line with member preferences. Fitness centres can sometimes be closed or open with reduced services in connection with public holidays, maintenance work or Force Majeure (see clause 9.1).
2.15. CCTV cameras are installed in ELIXIA´s fitness centres.
2.16. Discounts (applied to current list prices)
Students can take advantage of the discount rate available at any time when taking out membership. The student discount is subject to presenting valid Student ID at time of joining and then every year the discount is claimed. When the terms and conditions for the student discount are no longer met, the monthly membership fee will be adjusted to the standard price. Membership will then continue until further notice or until the Member gives notice to terminate.
126.96.36.199. Standard company agreement
Members who are registered via a standard company agreement are entitled to the discount rate in accordance with the specific agreement between ELIXIA and the company of which the Member is an employee. Members are obliged to notify ELIXIA if they are no longer an employee of that company. If the standard company agreement terms and conditions no longer apply, the monthly membership fee will revert to the standard price. Membership will then continue until the Member gives notice to terminate this.
188.8.131.52. Subsidised company agreement
Members who are registered via a subsidised company agreement have the right to the discounted rate in accordance with the specific agreement between ELIXIA and the company of which the Member is an employee. The company is obliged to notify ELIXIA if the member is no longer an employee of the company. Within one (1) month of receipt of such notification, ELIXIA will notify the member that the terms and conditions of a Subsidised company agreement are no longer available, and that the Member will henceforth be liable for monthly membership fees. At the same time, the membership fee will revert to the standard price. Membership will then continue until the Member gives notice to terminate.
2.16.3. Senior citizens
Persons aged 65 or above, will be offered the relevant discount rate when applying for membership.
2.16.4. Membership for persons under the age of 18.
184.108.40.206. Persons 11-14 years of age.
Persons from 11 to 14 years of age will be offered the relevant discount rate when joining. From the age of 15, the monthly membership fee will increase in line with the terms and conditions that apply for members aged 15-17, see clause 220.127.116.11.
18.104.22.168. Persons 15-17 years of age.
Persons from 15 to 17 years of age will be offered student discount rate when joining. From the age of 18, the monthly membership fee will increase to the standard price. Membership will then continue until the Member gives notice to terminate.
3. Membership payment
3.1. Members pay a monthly fee, registration fee and any other fees in accordance with ELIXIA´s applicable prices. The same applies to the parent or guardian or other person with legal liability for the membership in accordance with the Membership Agreement. ELIXIA training fee is always invoiced in advanced. Training fee for following month is due on the current month.
3.2. The monthly fee is payable at the time agreed on a rolling basis, and in exceptional cases on joining, where specific terms and conditions apply. Members are liable for ensuring that membership fees are paid on time and must contact ELIXIA if a payment request is not received.
3.3. When using an e-invoice payment service, the Member is liable for setting up the necessary agreement with their bank for the automatic payment of the monthly membership fee to ELIXIA. Member must at all times ensure that the specified amount limit covers the invoice amount, and that the payment is performed by the due date. If the Member does not want to set up an automatic payment service, or the Member´s bank connexion has not confirmed the service to ELIXIA within the 3th of the month, a paper invoice with accrued invoice fee will be issued.
3.4. If the member does not pay by the due date, regardless of payment method, a debt collection notice will be issued with a new due date. In the event of late payment, ELIXIA has the right to claim costs and interest in accordance with the debt collection act, the interest act and other applicable legislation.
3.5. If the Member has otherwise defaulted on payment and receives a payment reminder, debt collection notification or debt collection demand from an external debt collection agency, the payment details stated in the invoice from the external debt collection agency is to be used for payment.
3.6. The Member shall have a price guarantee for their monthly membership fee during the binding period. ELIXIA is not entitled to change the membership fee until the end of the binding period, unless the Member wishes to change their current membership. In cases where the Member has a special discount from ELIXIA and the discount ceases to apply at a time when the Member is still subject to the binding period, ELIXIA has the unilateral right to increase the monthly membership fee to the standard price.
3.7. The Member are not required to pay a monthly membership fee if:
3.7.1. Membership is frozen in accordance with chapter 7.
3.7.2. ELIXIA has terminated the Membership Agreement with immediate effect in accordance with clause 7.7.
3.7.3. If the fitness centre the Member usually uses is not available and if, in the opinion of ELIXIA, no other fitness centre is suitable.
4. Member responsibilities
4.1. The Member undertakes to:
4.1.1. Familiarise themselves with the ELIXIA Safety Rules and Code of Conduct (general) and other Safety Rules and Codes of Conduct (child care), which are available on our website.
4.1.2. Not use any intoxicants, drugs or substances classified as doping at the premises of ELIXIA center.
4.1.3. Members shall notify ELIXIA of any change of contact details/payment information, including change of name, address, email address, phone number and any other relevant information. Such notification is to be given without undue delay.
4.1.4. Inform ELIXIA of any change of circumstances whereby the Member is no longer entitled to a specific discount scheme. Notification is to be given without undue delay.
4.1.5. Register their membership card on arrival before the Member uses an ELIXIA centre. ELIXIA has the right to ask the Member to show ID.
4.2. ELIXIA is to be notified of any loss of a membership card as soon as possible. ELIXIA will then block the card and issue a new membership card. When issued with a new membership card, the Member undertakes to pay a card replacement fee, in accordance with the relevant prices.
4.3. The Member is responsible for keeping the membership card safe and preventing it being used by anyone else. ELIXIA is to be notified of any suspected misuse as soon as possible.
4.4. The Member can access ELIXIA digital services via their personal profile. The Member must not give other physical and legal persons access to these services by sharing their login details etc.
5. Personal information, marketing and communications
5.1. ELIXIA shall, at all times, treat the Member´s personal data in accordance with our privacy statement and applicable law.
5.2. The Member consents to that ELIXIA and other companies that are part of the same Group, registering, storing and using such personal data (name, national ID number, address, email address, phone number, photograph, payment details and similar) and on the Member's use of ELIXIA services, in order to manage their membership account, including data about services from ELIXIA. The data protection officer responsible for the data is ELIXIA, represented by the CEO.
The Member agrees that ELIXIA can save training history data in order to be able to monitor Member activities and facilitate Member training. The Member can also add their own training data which will be stored in a similar way. Here, training history data include information on the number of visits to different fitness centres, which training sessions the Member has attended, whether the Member has booked a place on a group training session or other activity, and whether the Member has cancelled their booking.
5.3. The Member can withdraw consent to their training history and request that such be deleted. ELIXIA will confirm receipt of notification in respect of deletion.
5.4. CCTV surveillance is installed in ELIXIA´s fitness centres, in accordance with clause 2.15. Such surveillance is to prevent/investigate criminal activity and ensure the safety and security of all members. CCTV surveillance and the processing of related data will be in compliance with relevant legislation.
5.5. Information will not be disclosed to any third party without the written consent of the Member, unless such is pursuant to legal inquiries, payment collections, insurance claims or for accounting purposes.
5.6. By entering into the Membership Agreement, the Member consents to ELIXIA using any form of communication with the Member, including electronic communications (email, SMS, MMS etc.), to inform the Member about and/or promotions and other offers, in accordance with relevant legislation. The Member may withdraw their consent to receive marketing inquiries by contacting ELIXIA. The Member can manage marketing preferences based on consent via the settings in "My pages". The Member may not refuse to receive communications concerning a change to the Membership Agreement, initial inquiries regarding training safety (PT Start) or other important information associated with membership.
5.7. The consent from the Member, as stated above, shall be valid for the length of the Membership Agreement and for a period of six (6) months after termination of the Membership Agreement. This is enable us to give the Member the benefits of having been a member of ELIXIA.
5.8. General information from ELIXIA about the membership will primarily be sent to the email address or home address provided by the Member.
6. Membership freeze
6.1. The Member can apply to freeze their ELIXIA membership. “Freeze” means temporarily stopping the membership for a time-limited period.
6.2. The terms and conditions for freezing membership can be found on our website at all times.
6.3. The application form to freeze membership can be found here.
6.4. In the event the Member is still in the binding period, this period will be extended by the number of days specified in the freeze period that is granted.
6.5. The Member is not liable to pay membership fees during the freeze period, see clause 3.7.1. Payment-free periods and freeze periods will not necessarily coincide for invoicing reasons. Compensation for freezing will always be shown on the upcoming invoices.
6.6. At the end of the freeze period, membership shall continue on the terms and conditions in the Membership Agreement. If the Member terminates the membership during the freezing period, one (1) month notice period will apply after the termination of the freezing period. The termination will take effect after expiry of the following month.
6.7. If applying for a further freeze period, the Member must submit a new application form for the freeze period requested. For an extension of the freeze period, the application must be submitted before the end of the freeze period.
6.8. In confirming a membership freeze, ELIXIA may require the Member to pay a reasonable administration fee in accordance with ELIXIA´s applicable prices.
7. Termination and modification of the Membership Agreement
7.1. The Member has the right to terminate the Membership Agreement (right to cancellation) by notifying ELIXIA within two (2) weeks of signing of the Membership Agreement, cf. the consumer protection act, chapter 6 article 14. The Member can use the cancellation form that is available on our website. The right to cancellation applies only if the membership is entered into outside an ELIXIA centre. When using the right to cancellation, prepaid fees will be refunded. The Member is required to document that the right to cancel has been exercised in accordance with applicable legislation.
7.2. Membership may be terminated at any time after the end of the binding period. At the end of the binding period, the membership turns into an ongoing agreement in accordance to clause 2.6. The notice period is one (1) full month, and termination will take effect at the end of the following month.
7.2.1. When downgrading additional services, a notice period of one (1) month applies. Downgrades take effect at the end of the following month, in accordance with clause 2.11.
7.2.2. Withdrawal of the right of discount does not entitle you to terminate the agreement before the end of the binding contract period.
7.3. Notice to terminate membership can be done by email, contact form, letter or phone. Alternatively, the Member or the parent or guardian can give notice in an ELIXIA centre in person. ELIXIA will confirm, by email or letter, that notice to terminate has been received, within two (2) weeks of receipt of such notice. The Member must be able to document that notice to terminate has been given.
7.4. In certain cases, the Member can apply to terminate membership even within the binding period. In which case, the Member must be able to document that specific unforeseen circumstances have arisen that were beyond their control. In addition, such specific circumstances must be the reason why the Member cannot use their membership. An application for termination must be submitted in writing whit documents and sent to ELIXIA without undue delay after the circumstances have arisen. ELIXIA will process such an application within a reasonable time and no later than within three (3) weeks after receipt.
7.5. If ELIXIA and the Member jointly agree that continued exercise constitutes a significant risk of adverse effects in respect of the Member's health, the Membership Agreement will be terminated. ELIXIA may require a written statement from a healthcare provider confirming it accepts liability for stating the Member is able to train at ELIXIA. In the event of termination, the Member will be refunded any pre-paid portion of the member fee.
7.6. ELIXIA has the right to amend membership fees, other fees and terms and conditions.
7.6.1. When amending membership fees, ELIXIA reserves the right to an annual price adjustment in respect of ongoing agreements based on the consumer price index, without prior notification. In the event of other price changes, ELIXIA is to provide at least one (1) months’ notice in advance by email/SMS. The price change will take effect one (1) month after the notification has been sent, calculated from the first month of change.
7.6.2. ELIXIA reserves the right to transfer the Membership Agreement to another company, and to transfer any automatic payment details entered into in this regard. In the event of such changes, ELIXIA will provide at least one (1) months’ notice in advance by email/SMS. The change will take effect one (1) month after notification has been sent, calculated from the first month of change.
7.6.3. ELIXIA reserves the right, without prior notification, to make changes to terms and conditions, where these changes are not in accordance with clauses 7.6.1 and 7.6.2 or fall within clause 7.6.4.
7.6.4. In the event ELIXIA makes substantial changes that negatively affect the Member, the Member has the right to terminate the Membership Agreement. This can be done even if the binding period for the Membership Agreement has not expired. In the event of such changes, ELIXIA is to provide at least one (1) months’ notice in advance by email/SMS. The change shall take effect one (1) month after the notification has been sent, calculated from the first month of change.
7.6.5. Specific termination in accordance with clause 7.6.4 must be made by notifying ELIXIA no later than fourteen (14) days before the change(s) is/are implemented. This is subject to the Member being notified of the change(s) no later than one (1) month before the change(s) was/were implemented. The Member must be able to document that notice to terminate has been given.
7.6.6. In the event of termination in accordance with clause 7.6.4, the Membership Agreement will be terminated with effect from the date the change(s) is/are implemented. The Member is to receive written confirmation from ELIXIA via email or letter.
7.7. ELIXIA has the right to block membership for a certain period of time or terminate the Membership Agreement with immediate effect if the member is in material breach of the Membership Agreement. A material breach includes:
7.7.1. Failure to pay the monthly membership fee and other fees, despite a debt collection notice or other form of reminder.
7.7.2. Breaches of Member obligations in accordance with chapter 4 which are not inconsiderable, including the Member failing to comply with a written or verbal warning from ELIXIA.
7.7.3. Breach of the provisions set out in clause 4.1.2.
8. Personal injury, storage and liability in the event of theft
8.1. Training is always at the own risk of the Member. ELIXIA accepts no liability for any injury the Member suffers in connection with their presence at an ELIXIA centre. The corresponding limitation of liability applies to other training facilities under the auspices of ELIXIA.
8.2. When storing personal belongings in lockers located at the centre, the Member is liable for using their own padlock. If the Member leaves items in lockers located in an ELIXIA centre after normal closing time, ELIXIA has the right to break the Member´s lock and store the items. The Member must collect any such items within two weeks. ELIXIA accepts no liability for the loss of such property, nor within the period named.
8.3. ELIXIA accept no liability for the theft or other loss of Member personal property that the Member brings to an ELIXIA centre. This shall apply regardless of whether the property is locked in a standard locker, a valuables locker or similar.
9. Limitation of liability, governing law, dispute and jurisdiction
9.1. ELIXIA shall not be liable for obstructing or restricting circumstances that restrict ELIXIA training facilities to the Member when the circumstances are beyond ELIXIA´s control and ELIXIA was not able to foresee or resolve the consequences of such circumstances (Force Majeure).
9.2. The Membership Agreement shall be subject to Finnish law.
9.3. Disputes between the Member and ELIXIA are to be resolved amicably. If this is not possible, either Party may take the dispute to a court of law.
9.4. In the event of any conflict or inconsistency between the English and the Finnish version of the Membership Agreement, the latter shall prevail.