General terms of membership contracts for SATS Finland Oy
These general terms of contract for ELIXIA memberships (”Terms”) apply from 25 May 2018.
1. General information
1.1 Terms are a part of the ELIXIA membership contract (later ”Membership contract”), which is made between a person (later ”Member”) and ELIXIA (later ”ELIXIA”). In addition to Membership contract, some specific terms may be complied concerning certain ELIXIA services and offers.The specific terms are available at the nearest ELIXIA club and on the ELIXIA website www.elixia.fi.
2. ELIXIA Membership
It is required to have ELIXIA Membership in order to use ELIXIA services.
2.2 As ELIXIA Members can only be accepted persons attained the age of majority, and who
• are not in debt to ELIXIA, and
• are in good health.
2.3 As an exception to paragraph 2.2, a guardian may sign a Membership contract with ELIXIA on behalf of an underage dependant. In this case, the guardian who has signed the Membership contract has the final responsibility for the payments based on the Membership contract.
2.4 The membership is valid until further notice or fixed-term, according to the agreed terms in the Membership contract. A fixed-term membership is valid at least for the so-called binding period, marked in the Membership contract. After the binding period, the membership continues automatically until further notice, unless the Member decides to end the membership according to the terms in paragraph 7.
2.5 The membership is for personal use. The membership cannot be transferred to another person.
2.6 The membership gives Member a right to exercise in one or several ELIXIA clubs as agreed in the Membership contract, and use other training opportunities and services that ELIXIA offers. At each time valid ELIXIA’s membership types, price list and product selection with descriptions are available on the website www.elixia.fi.
2.7 When the membership type is changed, Member always approves the monthly fee of the new membership type in writing, and is responsible to pay a potential monetary difference, even if Member has paid fees, based on a lower membership type, in advance.
2.8 Member recognises and accepts that ELIXIA cannot always guarantee that he/she receives a place to a chosen training class, if the amount of participants or the access to the class is otherwise restricted. The same concerns other ELIXIA services and/or offers, where the access or target group is restricted.
2.9 Member recognises and accepts that during his/her membership ELIXIA can one-sidedly change the product and service selection or the clubs’ opening hours according to demand and resources, for example during holidays.
2.10 According to a day membership, Member should sign in before 3 p.m. on weekdays (from Monday to Friday), and he/she can participate to group training classes that start before 3 p.m. Bookings are done by normal booking rules.
3. Membership fees
3.1 Member or another person, who is marked in the Membership contract as responsible for Member’s membership fees or other payments (e.g. guardian), is obliged to pay membership and other potential payments (“Membership fee”) according to the contract made with SATS Finland Oy.
3.2 The monthly due day for Membership fees is agreed according to ELIXIA’s at each time valid practices. ELIXIA bills for membership fees in advance, which means that training fee for following month is due on the 20th of the current month.
3.3 Membership fees based on the Membership contract cannot be raised one-sidedly during the so-called binding period, marked on a fixed-term Membership contract, or during termination period of a terminated Membership contract that is valid until further notice. Except for cases, in which Member’s ground for a discount has expired.
3.4 Member is not obliged to pay Membership fees during the time, when membership is frozen according to the term in paragraph 6, or membership is locked.
3.5 Member is responsible for potential e-payment agreements with his/her own bank in order to automatically pay monthly fees of ELIXIA Membership. Member is responsible that the Membership fees are paid by due day.
3.6 If Member doesn’t pay Membership fees in time, he/she is obliged to pay penalty interest for overdue Membership fees according to the Finnish Interest Act (633/1982, with alterations) §4. In addition, ELIXIA may charge the Member for expenses that debiting for overdue Membership fees has caused.
3.7 ELIXIA transfers collection of non-payments to a debt collection company. If Member receives a reminder or debt collection letter from the debt collection company, he/she shall follow payment instructions of the debt collection company. If Member however pays directly to ELIXIA, the payments can be allocated to Member’s other Membership fees that are not under debt collection.
4. Member’s obligations and membership card
4.1 Member has to sign in at the club with member card or member wristband (later stated as ”membercard).
4.2 Member is obliged to
• read up on and follow ELIXIA’s at each time valid safety and house rules that are available on the ELIXIA website www.elixia.fi and at ELIXIA clubs.
• inform ELIXIA, if his/her right for discount on Membership fee or other ground for membership benefits is changed. ELIXIA may ask Member to show a valid certificate or another clarification that entitles him/her to discount or other special
membership benefits. Documentation for discount has to be updated every year.
• always scan membership card when coming to train in a ELIXIA club.
• prove his/her identity, if asked.
• take care of sufficient insurance for potential personal or property damage.
• inform ELIXIA in case of change in personal contact info (address, phone number etc).
4.3 Member is aware of ELIXIA’s negative attitude towards doping and narcotics. Like World Anti-Doping Agency (WADA) ELIXIA defines doping as performance-enchanting drugs. Use of performance-enchanting substances, narcotics or alcohol, or appearing intoxicated at ELIXIA clubs is absolutely prohibited.
4.4 Member receives a membership card for personal use during the membership period. Membership card is used in gate control systems and for safety reasons. Membership card is ELIXIA’s property, and for personal use. It is not allowed to transfer or borrow the membership card to anybody. Member is obliged to keep the membership card safe, and on his/her part make sure that nobody card misuse the card. Member is obliged to inform ELIXIA immediately, if he/she has lost the membership card or suspects of misuse. If the membership card is lost or damaged, ELIXIA locks the membership card and delivers Member a new card. Member is charged for the new card according to ELIXIA’s at each time valid price list.
5. Marketing communications to Member, and processing of Member’s personal data
5.1 Member approves by signing Membership contract that ELIXIA can send information about its services and offers by post and/or email to the address he/she has informed. However, Member can at any time notify ELIXIA that his or her personal data may not be used in direct marketing. Such notification may be managed consent-based by the Member through “My pages”.
5.2 Member approves that ELIXIA, or companies within the same group, can register, save and/or process personal data about Member (e.g. contact information, photos and payment information) and information about ELIXIA services that Member has
used. The reason for collecting above-mentioned information is to manage and tend the membership at the best possible way, and to inform Member of ELIXIA’s at each time available services. The Data Processing Manager responsible for the information is ELIXIA, represented by the CEO.
Member approves that ELIXIA can save his/her training history. Training history means the data about how many times and which classes Member has attended at different ELIXIA clubs; which services and offers Member has used; if Member has booked a place at group training class or to another training in advance; and if Member has participated or cancelled a booking. Member has always the right to explore his/her own training history and demand erasing that information.
5.3 Member’s personal data will not be handed over to any third party without Member’s written approval, except for deliveries of information based on the legislation.
5.4 The consent of the Member pursuant to the above clauses applies as long as the Membership contract remains in effect and for a period of six (6) months after termination of the Membership contract. This is in order to provide the Member with the benefits resulting from being a member of ELIXIA.
6. Temporary cancellation of membership (Freeze)
6.1 Member can apply ELIXIA for freezing the membership (“Freeze”). Freeze means a temporary cancellation of membership, however at least for one (1) and for maximum twelve (12) months. During Freeze Member’s membership card is locked, and it will not give access to any ELIXIA club. Freeze can be granted for the following, unexpected changes in life: health reason, military service, pregnancy, assignment abroad or moving to a place, where ELIXIA club is not located within reasonable distance.
6.2 Freeze must be applied in writing or electronically from ELIXIA. A written or electronic application with potential appendices must be delivered by mail or via ELIXIA website. Application must be delivered before the start of so-called freeze period, or in case of illness, immediately after occurrence of illness or injury.
Member will receive a written answer within 14 days after the application has been received.
If the application is approved, Member will not be debited Membership fees during the time corresponding the so-called freeze period, but the Member’s binding period will be extended with the same time corresponding the so-called freeze period.
7. Termination of Membership contract or one-sided change of contract terms
7.1 By Member’s explicit notice, a fixed-term Membership contract can be terminated, when the binding period expires. The termination period is one (1) whole month. If Member does not explicitly inform that he/she wishes to end Membership contract when the binding period expires, Membership contract will automatically continue until further notice. The termination period in all memberships is calculated from the beginning of following calendar month after receiving the termination notification.
7.2 Termination must be done in writing, electronically or by phone to ELIXIA Customer Service (phone: 010 309 9214). Member should always receive a written confirmation for the membership termination. If the termination is made in writing or electronically, Member will receive a written confirmation within 14 days after registration of termination, notification of the last due day for Membership fee and Membership contract’s last day of validity.
If Member has not for some reason received any written confirmation from ELIXIA within 14 days, he/she must immediately contact ELIXIA.
7.3 When Member joins ELIXIA, he/she has exceptionally a right to terminate a fixed-term Membership contract within 14 days after the Membership contract has come into force, despite of the original binding period. The termination period is one (1) month, and the termination must be informed to ELIXIA in writing, electronically or personally according to paragraph 7.2. If a fixed-term Membership contract is terminated within 14 days after the joining, ELIXIA keeps the Member’s payment corresponding one (1) month’s training fee. If Membership is purchased via remote sales, in can be terminated within 14 days without cost.
7.4 While Membership contract is terminated, Member has right to exercise and use ELIXIA’s other services according to Membership contract until end of the membership period.
With Membership contract Member binds him-/herself to pay Membership fees at least during the membership period. If Member is unable to use membership for unexpected reasons beyond his/her control and that he/she cannot have foreseen at the time the Membership contract is made (e.g. long-term illness), he/she can, in writing, apply ELIXIA for premature termination of contract. A written or electronic application with potential appendices must be delivered by mail or via ELIXIA website. After the application has been received, it will be processed within three (3) weeks. It is not an adequate reason to terminate Membership contract prematurely that Member has not used services for a long time.
7.5 When Member purchases services that are included in the Membership (like child care, special group training classes), member has right to terminate the service, and access to that service will end in the end of the following full calendar month. Member can make changes to his/her Membership during the binding period.
7.6.1. ELIXIA is entitled to make changes to membership fees/other fees and the Membership contract. Furthermore, ELIXIA is entitled to transfer Membership contracts to another company within the same group of companies, and to transfer any direct debit agreements in connection therewith.
7.6.2. ELIXIA reserves the right to an annual price adjustment of current agreements in accordance with the consumer price index without prior notice. In case of other price adjustments, ELIXIA will give at least one (1) month’s notice by e-mail/text message. The price change will come into effect one (1) month after the notification was sent, calculated from the first turn of the month.
7.6.3. ELIXIA reserves the right on a general basis to make amendments to the Membership contract that are not related to price changes and transfer of Membership contracts to another company within the same group of companies. In case of such amendments, ELIXIA will give at least one (1) month’s notice per e-mail/text message. The amendment will come into effect one (1) month after the notification was sent, calculated from the first turn of the month.
7.6.4. Should ELIXIA adopt significant amendments that adversely affect the Member, the Member is entitled to terminate his or her Membership contract. This may be done even if the commitment period for the Membership contract has not expired.
7.6.5. Termination pursuant to this clause should be made in writing by e-mail or letter and must be received by ELIXIA no later than fourteen (14) days before the amendment(s) are implemented. This is provided that the Member was notified of the amendment(s) no later than one (1) month before the amendment(s) are implemented.
7.7 If termination of a fixed-term Membership contract is based on ELIXIA’s significant and for Member disadvantageous changes of terms, and the membership will end before the end of binding period, ELIXIA will return Membership fees that may have been paid in advance, after subtracting expenses according to at each time valid price list. As an exception, Membership fees that have been covered by vouchers cannot be refunded for tax reasons.
7.8 ELIXIA has the right to lock Membership for a certain period of time or terminate Membership contract with immediate effect, if Member clearly violates against the terms of Membership contract or other instructions by ELIXIA.
Significant breeches of contract are for example (but not restricted to these):
• neglect of ELIXIA Membership fees.
• violation against ELIXIA safety and house rules.
• disregard of ELIXIA’s warning to Member.
• giving the personal membership card to another person.
8. Lockers and responsibility for indemnity
8.1 In order to temporarily store personal items at ELIXIA clubs Member has to use lockers with own lock.
8.2 If Member forgets personal items in lockers, ELIXIA has the right to break Member’s lock and keep the items in storage. Member has to collect the items within 14 days.
8.3 ELIXIA is not responsible for potential personal damages, thefts or other loss of personal items at ELIXIA’s facilities, unless otherwise legally obliged.
9. Freedom of responsibility, applicable law and arbitration of disputes
9.1 ELIXIA is not responsible for situations where Member’s possibilities to train are prevented or Member’s rights according to Membership contract are temporarily restricted in cases that, within reason, ELIXIA cannot affect or has not been able to predict nor prevent in advance (force majeure).
9.2 Membership contract complies with the Finnish legislation.
9.3 ELIXIA will try to solve any disputes with Member in co-operation. If the parties don’t find mutual understanding, each party can take the case to district court.
NB! If the English version of the contract terms is in any contradiction with the Finnish one, the terms of contract written in Finnish shall be valid.