Agreement for corporate fitness classes in the office. Club agreement

1. This Agreement governs the relationship between the parties to provide, independently or with the involvement of third parties, a range of sports services.
2. On the basis of this agreement, the Fitness Club provides the Client with sports services, and the Client undertakes to accept and pay for them.
3. The list of sports services provided when visiting the Fitness Club includes: visiting gym, group classes / programs according to the schedule approved by the Fitness Club, one briefing in the gym, use of changing rooms, showers, individual lockers for storing things in the changing rooms (no more than one for each visit and only for the duration of classes). The number of visits to the Fitness Club is not taken into account and does not affect the cost of the services provided.
4. Other services provided by the Fitness Club are not included in the list of mandatory ones and can be changed by the Administration of the Fitness Club unilaterally. A change / termination of the provision of a service that is not included in the list of mandatory services is not a basis for unilateral termination of the Agreement.
5. The opportunity for the Client to use the sports services of the Fitness Club is provided to him on the basis of the chosen subscription in accordance with the price list and the customer registration log.
6. In case of violation by the client of the timeframe for visiting the club in accordance with the subscription chosen and paid by him, a fine of 500 rubles is imposed on him. for each fact of such violation.
7. Term of the agreement: the agreement comes into force from the moment of signing the customer registration journal (or from the moment of signing the agreement through the website by accepting the terms of the agreement) and paying the administrative fee, and is valid for the period, depending on the type of the chosen subscription.
8. When buying a subscription at the time of the conclusion of the contract, the Client pays the Fitness Club an administrative fee in the amount of 1000 (one thousand) rubles, which includes: registration of the client in the WebFitness system, assignment of an individual ID number, deductions to the software developer for installing and using the mobile application ... The administration fee is non-refundable.
9. The subscription is renewed monthly. The client independently deposits funds to replenish the balance of a valid subscription by paying with a bank card or through the payment terminal located at the reception of the Fitness Club. The Company is not responsible for the actions of clients with their personal funds, including not responsible for transfers that were made by the Client with errors (indicating the wrong card number, etc.).
10. It is not possible to change the type of subscription at the request of the client.
11. Entrance to the Fitness Club is carried out through the Identification Tool (subscription or mobile application) and a photo image linked to the Identification Tool.
12. At the first visit to the Fitness Club, the Client is obliged to take photographs in the reception area of the club employee to link the photo to the Identification Tool.
13. The Client is obliged to present the Identification Tool at each visit to the Fitness Club.
14. Fitness Club reserves the right to refuse entry to a Client whose identification is impossible or difficult.
15. The client does not have the right to transfer the right to use the services of the Fitness Club to third parties without the written consent of the Fitness Club. When transferring the subscription to third parties without the written consent of the Fitness Club, the Client is obliged to pay a fine to the Fitness Club in the amount of 5,000 rubles; in case of repeated violation, the Fitness Club unilaterally terminates this agreement with the Client without reimbursing any sums of money transferred to the Fitness Club at the time of termination of the agreement ...
16. The Client is prohibited from engaging in any commercial activity in the premises of the Fitness Club, as well as disseminating information related to the Client's commercial activity. Also, the Client is prohibited from providing any consulting services (including giving advice on how to do exercises, how to use the simulator, etc.) to other clients of the Fitness Club (regardless of whether such services are paid or free of charge). In case of violation of this rule, the Fitenes Club has the right to unilaterally terminate this agreement without refunding any sums of money transferred to the Fitness Club at the time of termination of the agreement.
17. The client, by signing this agreement, confirms that he is familiar with the rules governing the handling of the equipment and sports equipment provided by the Fitness Club. If the Client has injured himself, the Fitness Club is not responsible for the harm caused.
18. In case of damage to the Fitness Club equipment, the Client is obliged to compensate for the damage caused.
19. Fitness Club does not accept the Client's property for safekeeping. Secure storage is an independent, separately paid service in accordance with the price list, provided on the basis of a separate agreement between the Client and the Fitness Club. The Fitness Club is responsible for the safety of the Client's property only upon appropriate payment for the custody service. The client must be attentive to personal belongings, not leave them unattended and not trust them to others.
20. By the fact of concluding an agreement with the Fitness Club, the Client confirms that he has no medical contraindications for exercising and receiving other services provided by the Fitness Club. The client fully assumes responsibility for his health condition.
21. The client is obliged to independently monitor his state of health, regularly undergo medical examinations in order to ensure the safety of classes and inform the Fitness Club about any changes in his state of health that may affect the safety of receiving services.
22. Fitness Club has the right to request information from the Client about general condition the Client's health, the absence of medical contraindications for exercising and consuming other services of the Fitness Club, confirming the safety of receiving the services of the Fitness Club by the Client.
The Client is invited to provide the information specified in this clause in one of the following ways: 1) before the start of classes, provide an opinion from a therapist or attending physician about the Client's ability to engage in physical education and sports (according to the Order of the Ministry of Health of Russia dated 03/01/2016 No. 134n). The conclusion is valid for 6 months.
2) By contacting the personal trainers of the Fitness Club and purchasing the Package of services for accompanying the Client by a personal trainer, in accordance with the price list of the Fitness Club.
23. A client who has not used any of the options specified in clause 22 of this Agreement, thereby violates the Club Rules, and the Fitness Club reserves the right to terminate the Agreement with such a Client.
24. In case of delay in payment for services under this Agreement within the terms specified in clause 9, the Fitness Club shall suspend the provision of services provided for in clause 3 of the agreement. 25. Payment under the agreement is confirmed by a check issued by the Fitness Club to the client, the Client is obliged to keep all receipts for payment during the entire term of the agreement. In case of payment through the website or mobile application, the Client is obliged to provide a bank account statement.
26. The Fitness Club has the right to unilaterally terminate this agreement with the Client, while the Client is refunded unused funds for future periods, but the administrative fee paid in accordance with clause 8 of this agreement is not refunded.
27. In case of termination of the contract on the initiative of the Client, the funds are returned to the Client for the unused period on the basis that the cost of one workout he attended is equal to the cost of a one-time room specified in the price list of the Fitness Club.
28. The client uses the services of the Fitness Club according to the schedule approved by the Director of the Fitness Club.
29. The Club reserves the right to close the Fitness Club during the holidays and repairs for an acceptable period, as well as change the schedule.
30. All changes, termination, additions to this agreement must be made in writing.
31. On the basis of this Agreement, the Client undertakes to follow the rules of conduct in the fitness club.
32. Integral appendices of this agreement are: Club Rules of Conduct, Price List and Customer Registration Log.
33. If the Client does not use the services of the Fitness Club within the scope of his subscription for any reason (illness, business trip, etc.), it is considered that the Fitness Club during the validity period of this subscription provided the Client with services in full ...
34. The client agrees to the processing and use of his personal data by the Fitness Club.
35. The Fitness Club has the right to prevent the Client from training in the Fitness Club if the Client does not comply with the conditions of the Rules of Conduct in the Club.
36. The client confirms that he has read and agrees with the text of this agreement, the Price List, the Rules of Conduct in the Fitness Club and the Regulation on personal training in the Fitness Club.
37. Photo and video filming in the Fitness Club is prohibited without the written consent of the Fitness Club Administration.
38. Renewal of a valid subscription to another person is not allowed.

Service Agreement No. dated "______" _______________ 2016

LLC "Investor", hereinafter referred to as CDC "Soccer - Arena", represented by Director IV Vorobiev, acting on the basis of the Charter on the one hand and __________________________________________________________________, hereinafter referred to as the Client, have entered into an agreement on the following: CDC "Soccer - Arena" provides a gym and hall group lessons To the client, taking into account the fulfillment of the following rules:
1. Terms of use of services and terms of the contract

1 To control the visit, the CDC "Soccer - Arena" issues a personal card to the client.
2 On the basis of this agreement, CDC "Soccer - Arena" provides the Client with the opportunity to attend classes held in CDC "Soccer - Arena", and the Client undertakes to pay for them. Payment under the agreement is made in cash or by bank transfer.
3 The opportunity for the Client to use the services of the CDC "Soccer - Arena" is provided to him at the following times: Monday-Friday from 07-00 to 23-00, Saturday, Sunday from 9-00 to 21-00.
4 Compensation for the loss or breakage of a booth key is 400 (four hundred) rubles, for a broken number plate 200 (two hundred) rubles, for a lost magnetic key 200 (two hundred) rubles, restoration of a lost club card 500 (five hundred) rubles.
5 Payment under the agreement is ________________ rubles, tariff: ______________________.
6 The term of the contract is ___________ month from the date of its conclusion.
7 The client has the right to use additional services of the CDC "Soccer - Arena", which can be provided at the prices set by the CDC "Soccer - Arena".
8 The client does not have the right to transfer the valid subscription of the CDC "Soccer - Arena" to third parties without the written consent of the administration of the CDC "Soccer - Arena". EXCEPT the dismissal of an employee from the organization in the case of a corporate subscription (a copy of the employment letter of dismissal is required), the client transfers the club card to another employee. The entrance to the CDC "Soccer - Arena" is carried out by club cards issued upon the conclusion of the contract. In case of loss of the card, the costs of restoring the card are reimbursed by the Client of the CDC "Soccer - Arena" in accordance with clause 4
9 The client certifies that he is familiar with the rules of the CDC "Soccer - Arena" governing the handling of the equipment and sports equipment provided by the CDC "Soccer - Arena". If the client has caused himself an injury, CDC "Soccer - Arena" is not responsible for the damage caused.
10 The client is obliged to warn about any medical contraindications that may prevent him from using the services of the Soccer-Arena CDC or cause damage to his health as a result of training at the Soccer-Arena CDC, as well as inform about a change in health (pregnancy ) during the validity period of this Agreement.
11 In full compliance with the recommendations of the coach (instructor) CDC "Soccer-Arena" on the volume of the load and the rules for using equipment during training.
12 In case of violation by the Client of the rules for the use of sports equipment and equipment provided by CDC "Soccer - Arena", which led to damage to this equipment, the Client is obliged to compensate the damage caused by CDC "Soccer - Arena".
13 In case of delay in payment for services under this Agreement within the time frame specified in clause 6, CDC "Soccer - Arena" shall suspend the provision of services.
14 CDC "Soccer - Arena" is not responsible for property, valuables, money of the client in case of loss, theft or damage on the territory of CDC "Soccer - Arena".
15 Payment under the contract is confirmed by a check or an act of work performed (services rendered) issued by the administrator (accountant) of the Soccer-Arena CDC to the client.
16 Subscription activation period no later than 30 days from the date of purchase. If the subscription is not activated within the specified period, the funds will not be returned to the client.
17 In the event that the Client owns a day pass and leaves the CDC "Soccer - Arena" later than 18.00, such a visit is considered ONE and is paid separately, according to the established tariff.
18 The club reserves the right to close for holidays and repairs for an acceptable period, as well as CDC "Soccer - Arena" has the right to refuse to provide services without giving reasons.
19 "STOP CARD" CDC "Soccer - Arena" makes only with the purchase of season tickets "THREE-MONTH", "SEMI-ANNUAL" and "ANNUAL" for 10, 15 and 30 days, respectively. The Client is obliged to inform about the activation of the STOP CARD at least 24 hours in advance.
20 Duration of the contract: from __________ to ________
21 The client agrees with the internal rules of the CDC "Soccer - Arena".
22 I give my consent to Investor LLC for the processing of personal data in documentary / electronic / oral form, used within the framework of this concluded agreement.
23 If the parties have no claims to each other, the contract is considered to be prolonged for the period according to the newly purchased subscription.

Details of the Parties

CDC "Soccer - Arena" Customer
LLC "Investor"
630005, Novosibirsk, st. Pisareva, 42 (full name) ______________________________________
INN / KPP 5402536746/540601001
account 40702810100430012015 Passport: Series __________ No. _______________
SIBERIAN BRANCH OF VTB BANK (PJSC),
NOVOSIBIRSK Issued ___________________________________
Correspondent account 30101810850040000788
BIK 045004788
Director __________________ I. Vorobyov ________________________ (____________________)

I AM AWARE OF THE RULES OF THE CLUB

Type and term of the Club Card: (Type of the Club Card)

Freeze: (Freeze) days.

Installment:

(Installment)

Subscription agreement No.(Number of contract)from(Agreement date)

for the provision of health and fitness services

Personal data of the Club Member

(Full Name)__________________________________

(Passport)

Total Cost of Services: (Cost) _________________ rub.

This agreement is concluded on the basis of Art. 437 of the Civil Code of the Russian Federation between Individual Entrepreneur Tishina Victoria Ivanovna, acting on the basis of Certificate 77 No. 017808767 dated 05/18/2016. and hereinafter referred to as "FITNESS CLUB", on the one hand, and

(Surname) (Name) (Patronymic) _______________________________________ hereinafter referred to as " Club Member", On the other hand, hereinafter collectively referred to as" Parties", Have entered into this Agreement (hereinafter -" Contract») About the following:

SUBJECT OF THE CONTRACT

1.1. FITNESS CLUB undertakes to provide the Club Member with health and fitness services (hereinafter referred to as the "Services"), and the Club Member undertakes to pay for these services on the terms of this Agreement.

1.2. The name, volume and types of services provided to the Club Member are contained in Appendix No. 2 to this Agreement, which is its integral part.

1.3. The provision of services under this Agreement is carried out in the premises of the FITNESS CLUB at the address: Moscow, st. Festivalnaya, 28, building 1.

FITNESS CLUB working hours: from 7:00 to 23:30 on weekdays; from 9:00 to 23:00 on weekends.

On holidays, the club's working hours are set by the management.

Opening hours of the FITNESS CLUB in the summer: from 8:00 to 23:00 on weekdays; from 9:00 to 23:00 on weekends. On holidays, the club's working hours are set by the management.

1.4. After making payment in accordance with the terms of clause 3. of this Agreement, the Club Member for the duration of this Agreement is issued for temporary possession and use, a personalized Club Card, confirming the club membership under this Agreement. The Club Member is not entitled to transfer the Club Card to third parties.

1.5 Activation of the Club Card takes place at the first visit to the FITNESS CLUB, but no later than 15 (fifteen) calendar days from the date of conclusion of the Agreement. If the Club Member has not activated the Club Card within the above period, it is considered activated from 00.00 hours on the 16th (sixteenth) day from the date of the Agreement.

RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. FITNESS CLUB is obliged to:

2.1.1. Provide Services on the terms of this Agreement.

2.1.2. Ensure the functioning of equipment and inventory intended for use by a Club Member.

2.2. The Club member is obliged:

2.2.1. Pay for the Services on the terms of this Agreement.

2.2.2. Observe and not violate the RULES OF VISITING THE FITNESS CLUB. In case of VIOLATION of the FITNESS CLUB Rules, the Club Member may be charged a fine according to the current Price List.

2.2.3. Immediately notify the FITNESS CLUB Administration about the presence of medical contraindications, if the FITNESS CLUB services may cause damage to life or

the health of the Club Member, as well as contraindications that create or may pose a threat to the life or health of other Club Members and the FITNESS CLUB staff.

2.3. The Club member is prohibited from:

2.3.1. Disturb other FITNESS CLUB Members, raise your voice, threaten and use profanity towards employees, guests and other Club Members.

2.3.2. To be on the territory of the FITNESS CLUB in outerwear and outdoor shoes without shoe covers, to disturb the order and cleanliness.

2.3.3. To stay in the FITNESS CLUB SPA area, if this service is not provided for by the type of subscription or has not been paid in advance according to the current Price List at the FITNESS CLUB reception. In case of violation, the Club Member will be charged a fine according to the current Price List.

2.4. FITNESS CLUB has the right to:

2.4.1. Deny the Club Member access to the FITNESS CLUB (temporarily terminate unilaterally the provision of services) if the Club Member has obvious signs of alcohol or drug intoxication, or when trying to bring any types of weapons, explosive or poisonous substances into the training areas, as well as in case of violation by a Club Member of his obligations provided for in clause 3.2. actual agreement.

2.4.2. Require the Club Member to stop actions that violate the FITNESS CLUB Rules, and in case of ignoring the remarks of the FITNESS CLUB employees, ask the Club Member to leave the FITNESS CLUB.

2.4.3. Engage third parties to provide the Services; on the territory of the FITNESS CLUB, third parties may carry out business activities that have entered into appropriate sublease agreements with the FITNESS CLUB or for the right to hold events, such services are not included in the subject of this Agreement, FITNESS CLUB does not bear any responsibility for the actions of such persons and / or in connection with their respective business activities.

2.5. The Club member has the right:

2.5.1. Regularly get acquainted with the schedule of classes held in the FITNESS CLUB, located at the stand, as well as on the club's website at: http://laguna-fitness.ru.

2.5.2. Visit the FITNESS CLUB during its opening hours in accordance with the type of subscription.

2.5.3. Consume health and fitness services, the list and quantity of which is determined in accordance with the type of subscription.

2.5.4. For a separate fee, use the additional services of the FITNESS CLUB in accordance with the Price List valid at the time of the provision of services. The amount paid for additional services is not refundable.

2.5.5. Temporarily suspend the term for the provision of services under this Agreement (hereinafter referred to as "freezing") if this service is provided for by the type of subscription or if such a service is purchased by the Club Member additionally. In case of suspension of the term for the provision of services, the contract is extended for the corresponding period of suspension (freezing). The minimum freezing period is 7 days.

2.5.6. To re-register the rights under this Agreement to another person for a separate fee in accordance with the Price List in force at the time of the provision of services. If the Club Card is not activated, the fee for renewing the Agreement will not be charged.

COST OF SERVICES AND PAYMENT PROCEDURE

3.1. The cost of services under this Agreement is (Cost) _ (_______________________) rubles.

3.2. The CLIENT pays the cost of services by depositing cash to the cashier of the FITNESS CLUB or to the settlement account of IE Tishina V.I.

3.3. The subscription can be paid in full or in installments, if this service is provided for by the subscription. In this case, the Club Member is obliged to pay the remaining amount for the subscription within 30 days from the date of the first payment. If the subscription is not paid in full within 30 days, then the Club Card is suspended until the full payment of the subscription.

3.4. The FITNESS CLUB provides the opportunity individual work an instructor with a Club Member for an additional fee, by prior arrangement with the instructor.

3.5. Payment for additional services is carried out in accordance with the current Price List. The change in the cost of additional services is carried out by the FITNESS CLUB, based on its internal policy, and does not require the additional consent of the Club Member.

SUSPENSION AND EARLY TERMINATION OF THE AGREEMENT

4.1. The agreement is subject to early termination unilaterally at the initiative of the FITNESS CLUB in the following cases:

4.1.1. Violations by a Club Member of the FITNESS CLUB Rules or the terms of this Agreement.

4.1.2. Inappropriate treatment towards employees and other FITNESS CLUB Members.

4.1.3. Violations by a Club Member of the order of payment for a subscription.

4.1.4. Identification of documented contraindications of a Club Member that endanger his life, as well as the life or health of other Club Members or FITNESS CLUB personnel.

4.2. In case of early termination of the Agreement, the Club Member is refunded the amount calculated in proportion to the period of time (in calendar days) elapsed from the date of activation of the Club Card to the date of termination of this Agreement, excluding the "freeze" periods. In this case, the Agreement is considered terminated on the next day after the registration of a written application by the Club Member to refuse to execute this Agreement.

4.3. If, before the expiration of this Agreement, the Club Member has not announced its refusal to fulfill the Agreement, then the services will be considered provided by the Club properly, regardless of the actual visit to the Club.

4.4. The Club Member shall be refunded the cost of the subscription within 14 working days after the early termination of the agreement by paying money from the FITNESS CLUB cash register or by transferring it by bank transfer to the Club Member's current account.

SPECIAL CONDITIONS OF THE CONTRACT

5.1. By purchasing a subscription, the Club Member confirms that he has no medical contraindications for the provision of FITNESS CLUB services to him, which may cause damage to the life or health of the Club Member, as well as the life or health of other Club Members and the FITNESS CLUB staff.

5.2. FITNESS CLUB reserves the right to temporarily suspend work for technical or other reasons. In this case, the period of validity of the subscription is extended for the period of the forced downtime in the work of the FITNESS CLUB.

5.3. The Club member bears full financial responsibility for the damage caused to the property of the FITNESS CLUB. Compensation for damage by a Club Member can be made on the basis of an Act drawn up by the Parties (indicating the cost of damage). If the Club Member refuses to sign the above Act, FITNESS CLUB has the right to sign it unilaterally (indicating this fact in it). This Act becomes binding on both Parties from the moment it is received by the Club Member. The Club Member makes the payment no later than 3 working days from the date of receipt of the relevant Act, otherwise the FITNESS CLUB has the right to satisfy its claims from the cost of this Agreement with a commensurate reduction in its validity period, without the consent of the Club Member (unilaterally).

5.4. FITNESS CLUB is not responsible for the loss or damage of personal belongings, incl. left in locker rooms or other premises of the Club.

5.5. The CLIENT is fully responsible for the state of his health. Officials, administration, employees and instructors of the FITNESS CLUB are not responsible for harm associated with any deterioration in the health of any of the Club Members, and injuries resulting from or received as a result of training.

5.6. By accepting the terms of the Agreement, the Club Member agrees that he has no right to demand from the FITNESS CLUB any compensation for moral, material damage or harm caused to his health, both during the term of this Agreement and after its expiration , with the exception of cases expressly provided for by applicable law.

5.7. FITNESS CLUB is not responsible for technical inconveniences caused by seasonal, preventive and emergency work by the municipal services of the city of Moscow.

5.8. Information is considered to be brought to the attention of the Club Member if it is posted on the FITNESS CLUB Information stand and on the FITNESS CLUB website (http://laguna-fitness.ru.).

5.9. The club has the right to refuse to purchase (extend) a club card (one-time lesson) without explaining the reasons.

5.10. The Club reserves the right to unilaterally amend this Agreement. If changes are made, the new version of the Agreement and the Rules will be posted on the Information stand or on the FITNESS CLUB website.

5.11. The Agreement includes Appendix No. 1 (General FITNESS CLUB Rules), which is its integral part. The rules are posted on the official website (http://laguna-fitness.ru.) And in the premises of the FITNESS CLUB.

5.12. All relations not settled by the parties in this agreement are governed by the current legislation Russian Federation.

ADDRESSES, BANK DETAILS

Appendix # 1

to the Subscription Agreement (Number of contract)

from(Agreement date)

FITNESS CLUB RULES LAGUNA fitness & spa .

General Provisions.

FITNESS CLUB working hours from 7:00 to 23:30 on weekdays; from 9:00 to 23:00 on weekends. On holidays, the club's working hours are set by the management .; Opening hours of the Fitness Club in summer: from 8:00 to 23:00 on weekdays, from 9:00 to 23:00 on weekends. On holidays, the club's working hours are set by the management .. Staying in the premises of the FITNESS CLUB and using the equipment in it is possible only during its opening hours. The entrance to the Club stops one hour before its closing, 15 minutes before closing, the lights in the gym are turned off.
The Club Card is an individual pass to the FITNESS CLUB.
A Club member enters / exits the FITNESS CLUB through the reception area using the Club Card. A Club member must have a Club Card with him every time he visits the FITNESS CLUB.
The cost of the initial registration of the Club Card is included in the cost of services provided by the FITNESS CLUB.
For registration and issuance of the Club Card, it is necessary to take a picture at the FITNESS CLUB reception.
The Club member has no right to transfer the Club Card to third parties.
In case of loss / damage / theft of the Club Card, the Club Member immediately notifies the FITNESS CLUB administration. Re-issuance of the Club Card is paid, the cost of the Club Card is established by the current Price List.
During the period of stay in the FITNESS CLUB, personal belongings and clothes of the Club Member must be kept in lockers in the locker rooms. After the end of the lesson, the Club Member is obliged to free lockers in the locker rooms from personal belongings.
The FITNESS CLUB Administration is not responsible for the safety of the Club Member's belongings.
Forgotten, as well as personal belongings of a Club Member (sports uniform, underwear, sneakers, towels, etc.), personal hygiene items (soap, shampoos, washcloths, gels, shaving accessories, etc.) left in lockers after leaving the Club. ), are not accepted for storage by the Club and are subject to disposal.
Payment for services is accepted in cash and non-cash in rubles only at the FITNESS CLUB reception.
The club is not a medical institution and does not provide medical services. Providing its services, developing any individual programs for the Club Member, FITNESS CLUB is guided by the fact that the Club Member has no contraindications for physical education. The Club member is personally responsible for his health. All risks of harm to your health in the process self-study The Club member assumes the responsibility.
FITNESS CLUB reserves the right to close completely during the year for technical and / or club events no more than 5 days a year. The days of such closure are not compensated for the Club Member.
By visiting the FITNESS CLUB, each of its Members undertakes to observe the rules of general hygiene and cleanliness in all premises of the FITNESS CLUB.
On the territory of the FITNESS CLUB it is prohibited:
1. the use of any alcoholic beverages;

smoking throughout the FITNESS CLUB without exception;

the use in any form of medicines and biologically active additives, the circulation of which is prohibited or limited in the territory of the Russian Federation;

eating in places not intended for this (recreation areas, training rooms, changing rooms, showers, saunas, etc.)

When using the premises and equipment of the FITNESS CLUB, Club Members undertake to comply with safety rules and strictly follow the instructions for use posted directly on the equipment and / or in the premises where such equipment is installed.
Club members are financially responsible for the loss or damage to the FITNESS CLUB equipment used by them, as well as for damage to any FITNESS CLUB property.
Personal training by FITNESS CLUB Members is not allowed. The use of the premises of the FITNESS CLUB by its Members for the purpose of obtaining income or other benefits is prohibited.
It is not allowed to be drunk in the FITNESS CLUB, as well as to drink alcoholic beverages on the territory of the FITNESS CLUB, take drugs, and also smoke.
The FITNESS CLUB administration is not responsible for harm caused by the actions (inaction) of third parties, as well as if the cause of harm, including health, was a violation of the rules for using the simulators, as well as the provisions of these Rules.
In case of violation by a Club Member of the provisions of these Rules, FITNESS CLUB reserves the right to terminate the Service Agreement unilaterally. In case of termination of the contract, the Club Member is refunded the funds in proportion to the amount remaining until the expiration of the terminated contract, excluding freezing.
The FITNESS CLUB rules and current administrative announcements posted in the FITNESS CLUB in public places and on public display are binding.

Rules for visiting sports halls (hall of group programs of special sports zones of the club).

Group lessons are held on schedule. The FITNESS CLUB administration has the right to change the instructor declared in the schedule and make changes to the schedule of group lessons at any time.
You must come to classes on schedule, without delay. Being late for a lesson by more than 10 minutes, as well as a discrepancy in the level of training - gives the instructor the right not to allow a Club Member to attend the lesson.
It is not allowed to be in the halls in shoes that can destroy special floor coverings, otherwise change their properties, leave marks on them.
In group lessons, it is not allowed to use your own choreography and free weights without an appropriate instructor command.
It is forbidden to reserve seats in the halls of group programs.
The use of mobile phones in aerobics halls is not permitted.
We urge you not to use "strong" perfumes.
Children from 14 to 16 years old visit the FITNESS CLUB with the written permission of their parents.
Parents are personally responsible for the children in the FITNESS CLUB and the classes they attend.

The rules for visiting the gym.

Before starting a visit to the gym, we recommend that you take a training in the gym with an instructor free of charge.
For your safety, it is not allowed to be in the gym in shoes that are not intended for training (including slippers or open flip flops), as well as in shoes that can destroy special floor coverings, otherwise change their properties, leave them on. traces.
Exercises with maximum weights in the gym it is allowed to perform strictly with an instructor.
Discs, dumbbells and other equipment are not allowed to be thrown onto the floor; equipment must be removed after the end of the workout.
When using exercise equipment, please use towels (put on benches and other flat surfaces that are in contact with the body).
In accordance with the ethical rules of professionalism and respect for other FITNESS CLUB Members, control yourself and refrain from loud noises and profanity when exercising with maximum weights.
We ask you to switch your mobile communications to the "silent" mode.
Children 14 to 16 years old can use the gym only with a personal trainer by prior arrangement. Children from 14 to 16 years old are not allowed to visit the gym on their own.
Before starting training on the simulators, we ask you to read and follow the instructions of this simulator.
Any of the simulators can be limited for use at any time (repair, maintenance).
If you use equipment in more than one approach, be alert to those people who would like to use the same equipment. If you notice that someone is waiting for you to finish your exercises, be the first to offer to work out together - to do approaches in turn. Most expect you to allow them to practice on the equipment during your respite.
If you have a question on how to use this or that simulator, or any other question - contact the instructor - they will always help you.
If you are not yet sure which training program is right for you, personal trainers will help you decide. If you have never worked with a personal trainer before, we recommend that you give it a try. The knowledge that you have your own personal personal trainer has a very beneficial effect on training process and achieving success!
Personal training allows you to achieve maximum results and enjoyment of your workouts. During a personal training, the instructor monitors how correctly you perform the exercises, whether you are working at full strength and helps to make the training as effective as possible.
Based on the tasks and your individual data, the instructor will draw up a training program.
The instructor will explain the technique of performing the exercises, their sequence, and give useful recommendations.
The conditions and procedure for conducting personal training are determined by the FITNESS CLUB Administration.
Personal training can only be carried out by a FITNESS CLUB instructor.
Registration for personal training is made in advance, in agreement with the instructor.
If you are late for a personal training session, the time for a personal training session will be reduced.
Cancellation or postponement of a personal training session (with saving payment) can be made at least 8 hours before its start.
Please inform us about the cancellation or postponement of your personal training sessions. personal trainer and the FITNESS CLUB administrator.
In case of late cancellation or rescheduling, the unused personal training will be charged.
Personal trainings are carried out only after payment at the FITNESS CLUB reception, according to the current prices and tariffs.
In order to avoid the spread of infectious diseases on the territory of the FITNESS CLUB and among its Members and visitors, we ask you to avoid visiting the FITNESS CLUB.

Visiting rulesSPAzones:

In order to make your visit to the SPA as comfortable as possible, we ask you to observe the following rules:

It is prohibited to enter the SPA zone in outerwear and outdoor shoes, as well as in sneakers.
It is allowed to pass and stay in the SPA zone only in bathrobes and slippers.
It is forbidden to be in the SPA zone naked (without a bathing suit / swimming trunks).
Please disconnect or switch the phones to silent mode for your maximum relaxation, as well as for the comfort of other Guests.
Keep quiet.
Do not run or jump into the pool.
Observe cleanliness and order.
Before visiting the pool, fonts and saunas, be sure to take a shower.
Visit the SPA and the pool only in slippers for hygiene and injury prevention purposes. If you have not brought slippers with you, you can purchase disposable slippers at the reception.
Enter the Hammam, Finnish sauna only with slippers.
It is forbidden to use your essential oils in saunas.
Do not flood sensors and saunas. All saunas work in automatic mode, maintaining the required temperature and humidity.
We ask you to take off your slippers and use a towel in the wood-covered saunas: Finnish sauna.
It is forbidden to dry towels and bathrobes in saunas. You can replace wet ones with dry ones for rent.
It is forbidden to use your creams and scrubs in saunas and steam rooms.
Children under 12 years old are allowed in SPA only accompanied by their parents.
It is prohibited to visit the SPA while intoxicated.
For your comfort and safety, enjoy drinks at the tables in the SPA.
It is forbidden to bring food and drinks with you in thermoses.

In case of non-observance of these conditions, the Club Members will be charged a fine according to the current Price List.

Addition

if you have a runny nose, cough, sore throat, or other signs of discomfort;
if you have an upset stomach, nausea or other intestinal distress;
if you have a fever;
if you have a rash, unhealed wounds.

PLEASE ABSTAIN FROM VISITING THE FITNESS CLUB ANDSPAZONES TO AVOID ACCIDENTS.

We work for you, we need to know your wishes, suggestions. We ask you to express your comments, wishes and suggestions in a special form at the reception of the Club. We ask you to take part in the periodically conducted survey. Thank you for your help!

Appendix # 2

to the Subscription Agreement

(Number of contract)from(Agreement date)

for the provision of health and fitness services.

Types of services.

List of basic health and fitness services (included in the club card):

Gym visits;

Visiting the cardio zone;

Scheduled group lessons (aerobic, strength, dance, special classes, etc.);

Visits to the functional training area;

Drinking water;

3 guest visits;

Introductory briefing in the gym;

1 visit to the SPA zone (60 min)

Additional services (not included in the basic services):

Rent of related items and equipment according to the current Price List;

Additional group programs:

Master classes;

Classes in mini-groups;

Massage ;

Beauty saloon;

22.07.2013

Section from the new book, which is being prepared for publication "Reasonable fitness. Trainer's book "/ T. Bestavishvili.

Agreement with the club.

Before reaching into your pocket for a wallet, ask to show you the contract between you and the club. And read it carefully, or even better - ask for a copy and show your acquaintance a competent lawyer, if you have one. Of course, I understand that in Russia they like to sign everything without reading it, but I advise you to read this document and ask for clarifications on the points that will cause you questions. I assure you that this can save you some of the surprises in your daily training practice. If there is no such contract in the club, I advise you to politely say goodbye and leave. The contract (agreement) with the club is the main document that governs all aspects of your relationship. If you are just given a piece of paper with a couple of points, this is not a contract. But reaching the level of contracts for American fitness clubs in creating contacts is also not worth it. There, a contract is a book. Something like the accompanying instructions for Western medicines that are put into boxes with medicines. The list of possible contraindications listed there makes one recall the medical encyclopedia.

Some clubs offer you life and health insurance during your stay in the club. Naturally, in this case, they act as agents of insurance companies, and receive bonuses from them from each "head". But if you are told that insurance is mandatory for buying a club card, you can safely go to the prosecutor. According to our legislation, imposing insurance services on the population is a crime. An exception is made only for OSAGO. True, in case of your refusal, the administration of the club may ask you to write a declaration of refusal in order to relieve yourself of responsibility for your health. This is also an illusion, but let the authors of the initiative remain in it. Such mistakes are evidence that the legal form of the agreement between you and the club has not been thought out by the club's lawyer and its manager. No pieces of paper that you sign do not relieve the club from responsibility for your life and health if safety rules are violated there. And such violations today are almost the rule of work for most Russian clubs.

Above, we talked with you that the income from the sale of club cards determines its profit. We sell more subscriptions and cards - more profit. But there is one option that is very unpleasant for any manager. We are talking about early termination of membership in the club. One rainy day, the client comes to the manager and writes a statement that he will not visit the club for some reason, and asks to cancel his card with a refund of unused funds. This is the situation many clients and clubs face. The situation is unpleasant. But there are only two reasons for its occurrence. First, you, the client, have valid, compelling motives for taking this step. Job. Moving and so on. Second: you are not satisfied with the quality of the services that the club provides you.

The return of the club card is the termination of the legal and financial relationship between the club and the client. These relations in clubs, which operate as civilized commercial structures, are based on documents from the very beginning. There are two basic documents. Everyone knows about one thing, and practically no one knows about the other. The first is the Agreement between the club and the client, the second is the Club Rules. Let me remind you once again a simple legal truth: in order for a document to be recognized as a bilateral agreement governing the mutual obligations of the parties, it is necessary and sufficient to comply with two conditions:

· This document must be sealed with the signatures of these persons or their legal representatives

This document must not contradict the legislation of the Russian Federation

If the Club Rules do not exist as a separate bilateral agreement, or the client has not signed a document called the Club Rules, then he is not legally obligated to comply with them. And no one has the right to demand fulfillment from him.

The Rules are a bilateral document that regulates the Club-Client relationship in the same way as the Agreement. Only the latter regulates mutual obligations of a financial nature, and the Rules - ethical. One copy of such a document must be kept by the client, the other at the club.

But in order for these Rules to become a document, one more condition must be observed: any document signed by the club and the client must not be drawn up in violation of the legislation of the Russian Federation. Otherwise, it will be considered a legally void document, and no court will accept it as an argument for the correctness of the club. Recently I happened to get acquainted with a multi-page document - "Rules" of one large network of clubs. The rules were, as they say, for any situation. For any violation a fine of 500 to 1,500 rubles was declared there. This alone was a gross violation of the law, according to which in the Russian Federation, only administrative bodies - the police, the court, and some departments, for example, the Ministry of Emergency Situations - can impose a fine on a citizen in exceptional cases, but stipulated by law. But not commercial structures, especially on the basis of some of their own Rules. But these are only flowers ...

Imagine a situation when the culprit of the violation paid a fine at the request of the manager. With or without witnesses, this is no longer so important. The fact of payment is recorded by a payment document, as expected. How else? And the manager instantly falls under this:

Article 163 of the Criminal Code of the Russian Federation. Extortion.

1. Extortion, that is, the requirement to transfer someone else's property or the right to property or to commit other property actions under the threat of violence or destruction or damage to someone else's property, as well as under the threat of disseminating information that dishonor the victim or his relatives, or other information that may cause substantial harm to the rights or legitimate interests of the victim or his relatives,
- shall be punishable by restraint of liberty for a term of up to three years, or by arrest for a term of up to six months, or by imprisonment for a term of up to four years with a fine in the amount of up to fifty minimum wages or in the amount of the wage or salary or other income of the convicted person for a period of up to one month, or without it ...
2. Extortion committed:
a) by a group of persons by prior agreement;
b) repeatedly;
c) with the use of violence,
- is punished with imprisonment for a term of three to seven years with or without confiscation of property.
3. Extortion committed:
a) by an organized group;
b) in order to obtain property in large size;
c) with the infliction of grievous harm to the health of the victim;
d) by a person who has previously been convicted of embezzlement or extortion two or more times -
shall be punishable by deprivation of liberty for a term of seven to fifteen years with confiscation of property.

It was a group of people - the leaders of the club, by prior agreement, and even more than once. And, what is especially wonderful, an organized group. Formally, this is the case, therefore, in front of a very likely trial, you will look very pale.

I was extremely amused by another clause prohibiting clients in the club from "acts of a sexual nature." I suppose that this book is now in the hands of a lady, so I try not to even remember the associations that have arisen in my head while reading this masterpiece of legal thought. I kept trying to imagine what the author of this pearl had in mind ...? Naturally, these “actions of a sexual nature” were also fined 1,000 rubles.

There were some more funny points, but I will not describe everything. The main thing is that these Rules are not any “document”. It's just a bunch of pieces of paper.

The second document regulating the relationship between the club and the client is the Agreement. It spelled out the rights and obligations of the parties. Let's talk about these contracts.

Recall that contracts can be of any form. They must meet only one condition: comply with applicable law. More precisely, the inconsistency with the current legislation of the Russian Federation of any document regulating the relationship between the club and the client is considered a violation, and any document in this case is recognized, as we said, "a legally null and void document." This is not a turn of speech, but a legal term. That is, its value is equal to the value of the piece of paper on which it is written. Very often, contracts contain rather original interpretations of legislation. And we will now demonstrate this.

Usually, clients start having problems when, for some reason, they want to terminate their membership in the club ahead of schedule. Many agreements provide for a penalty that the club reserves if you terminate your membership early. Some especially greedy clubs have a “lip rolls out” to keep as much as 35% of full cost cards! Only for some reason they obviously do not prosper ...

In a conflict situation, the very first objection of the client comes across the fact that he is shown the signature under the contract, which contains such a clause. But, as I said, if any point is a violation of the law, then the contract is not a binding document.

You can terminate the contract for the provision of health and fitness services at any (!) Moment on the basis of Article 32 of the Federal Law on Consumer Rights Protection. Based on article you are obliged to reimburse the contractor only for reasonable costs associated with the provision of the service. No "forfeit", interest and other deductions, unless they are compensation for costs actually incurred by the club, will not apply by virtue of Articles 16 of the Federal Law of the KLOP .

According to this provision the terms of the contract that infringe on the rights of the consumer in comparison with the rules established by laws or other legal acts of the Russian Federation in the field of consumer protection are considered invalid.

At the same time, the contract is governed by the rules Chapter 39 of the Civil Code of the Russian Federation "Paid provision of services". According to Article 782 of the Civil Code of the Russian Federation , the customer has the right to refuse to execute the contract for the provision of services for a fee, subject to payment to the contractor for the expenses actually incurred by him .

According to the law, each client is obliged to reimburse the fitness club for the actual costs of providing services at the price that the fitness club itself has set. As a rule, the contract price is set based on the provision of services every day. This means that expenses are reimbursed for each day of the service. If the client bought an annual club card, then he paid for the service in advance, but did not use it in full. Note that it is inappropriate to draw analogies here with the purchase of goods that have a material form. No service - no compensation. Termination of the contract terminates the provision of services, which means that there are no costs that the consumer is obliged to compensate for the fitness club. Everything. The circle is closed: the club is not entitled to any incomprehensible compensations by law. The cost of paper, staff work and other things, for the execution of a contract, is not included in the costs of providing services under a specific contract, but is passed in a fitness club and any enterprise as production costs, as well as heating, electricity, water, out of connection with your contract. The client reimburses the club for expenses only related to visiting the club, that is, the actual provision of the service.

By the way, here is the article 32 of the PDOP itself.

Article 32 of the KLRO. The consumer's right to refuse to fulfill the contract for the performance of work (provision of services).

The consumer has the right to refuse to fulfill the contract for the performance of work (provision of services) at any time, provided that the contractor has actually incurred expenses related to the fulfillment of obligations under this contract.

When, in the process of resolving your question about a refund, the customer is trumped by the word "forfeit", it will not be superfluous to quote Clause 1 of Article 330 of the Civil Code of the Russian Federation which reads as follows: "Forfeit is considered to be the amount of money determined by law or contract, which the debtor is obliged to pay to the creditor in case of non-performance or improper performance of the obligation, in particular in case of delay in performance" ... Let us remind you that there is no clause in any agreement that obliges the client not to interrupt his membership. And the refusal to fulfill the contract is provided for by article 32 of the ZOPP, that is, it cannot be recognized as improper fulfillment of obligations. So what kind of forfeit can we talk about?

You can “go” to this flagrant violation of the client's rights from the other side, unexpected for the club that is trying to deceive you.

In accordance with clause 1 of Art. 426 of the Civil Code of the Russian Federation the contract for the provision of sports and health services is a public contract.

According to clause 1 of Art. 10 of the RF Law ZOPP , the contractor is obliged to provide the consumer with the necessary and reliable information about the services in a timely manner, ensuring the possibility of their the right choice, including - information on the price and conditions for the purchase of the relevant services (clause 2 of article 10 of the Law).

Article 3 of the PDO foreseen consumers' rights to education in the field of consumer protection by organizing a system of consumer information about their rights and about the necessary actions to protect these rights.

Given the public nature of the contract with the consumer, the performer (fitness club) is obliged to inform the consumer about his the possibilities to demand budgeting (see. Clause 1 of Art. 33 ZOPP ).

Also, the consumer must be reliably informed about the method of calculating the refundable amount in the event of early termination of the contract, based on the requirements Articles 782 of the Civil Code of the Russian Federation on payment of only the actual expenses of the contractor in case of early termination of the contract by the consumer of services.

So, if the club continues to insist on their stupidity, the client can demand from him an estimate of the actual costs incurred. At the same time, we recall that the client, according to the law, may not at all motivate his decision to terminate his membership in the club. Nobody has the right to demand this from him, not even the court.

You will say that the club may well provide you with an estimate. But let me remind you that the estimate must be complete, which means that the club will publicly write down all its income-expenses-cost. The client at the court hearing may even demand an independent audit of all the activities of the club! And the court, most likely, will satisfy this requirement, since it has no grounds for refusal. I think for the tax office the report on such an audit will be a fascinating reading! Especially in light of the understanding of the tricks that Russian fitness clubs are making in the face of balancing on the brink of profitability.

By the way, do not forget that by law you are obliged to return the money to the client. within a ten-day calendar (!) period after submitting the relevant application. The law does not provide for any other options. And even more so it does not allow the appearance of masterpieces such as “30 banking days for payment”.

Well, for a snack, you can quote to the representatives of the club Part 2 of Article 14.8 of the Administrative Code, establishing responsibility for the use in activities of contracts that contradict Federal Legislation. This threatens the club with an amount of 20,000 rubles. a fine for each (!) copy of such a "contract".

There are other ways to avoid liability to the client. No less naive and stupid.

In an agreement with a client of one of the new St. Petersburg clubs, I read literally the following: “in case of early termination of membership, the client is returned unused funds ... based on the following calculation: the cost of the first month of classes is calculated at 40% of the total cost, the second - 20%, and further - 10% each. "

Let's just count.

It turns out that, having engaged in only two months out of 12, the client has already "chosen" services for 60% of the total cost. Having terminated his club card after two months, he receives from the club not 10/12 ≈ 83% of his money, as required by law, but 100% -60% = 40%. The same "franchise" came out. With the same legal consequences for the club if something happens. I would have seen how he would prove in court that during these two months the client was provided with services "at an increased rate." But that's not all. Let's continue the calculation further: if the client decides to break off relations with the club after 6 months, he will not receive ANYTHING. What do you think? 40% + 20% + 4x10% = 100% !!! If you follow the logic of the creator of this masterpiece of legal thought, if a client decides to break off relations with his club in 8 or 10 months, the club still MUST! Then the smart guy will send collectors to him for a debt. With irons and soldering irons.

Explaining these legal blunders in detail may cause anger among my colleagues and accusations of violating corporate solidarity. But let's be fair, dear colleagues. As long as our potential clients have reason to accuse the clubs of dishonesty and greed, this will not add respect, clients, or money to us. Unfortunately, already now, many clients in big cities have formed a clear conviction that a fitness club is a "scam for money" and low professionalism is everywhere. People are unfair, but even false opinions are spreading very quickly now. The trouble is that such opinions become subconscious, and this is already very bad for the entire business as a whole. Alas, masses of people are already convinced that a fitness club is a place where only scammers work, whose goal is to deceive the client in any way. If you don't believe me, go to the club blogs in social networks, there you read this! So let's work normally, honestly and wisely, then there will be no such problems. Everyone will benefit from this.

But there are other, no less gross violations of the law. And again, as I have done in this book many times, and I will do even more below, I give a lively example. Recently I had the good fortune to familiarize myself with a good, but only at first glance, advertising campaign of the St. Petersburg fitness-club network. As part of this promotion, new potential clients were offered to make 10 free (!!!) visits to the club, with the right to use all the services included in the card. Such promotions are very good method attracting new customers. For 10 visits, the club gets a unique opportunity to sell its club cards to almost everyone who has taken a bite.

Of course, you shouldn't assume that they invite everyone. The action does not apply to

· former clients of the club. And this, on the one hand, is true, because the action is aimed at attracting new ones. But it’s not that simple. Let's think consistently. If the client once left the club, it means that he didn’t like something. Knowing what customers don't like is much more important than understanding what they like. Errors must be identified and, after analysis, ruthlessly eradicated. If a person left unhappy, but showed a desire to visit again, the club gets a unique opportunity to show him that he once made a mistake. “We are already getting better, we have improved! Come to us again! " Is there any logic in such reasoning? Undoubtedly.

· former club specialists ... Yes, this is probably true. But, as one outstanding person said, "He who is without sin, let him be the first to throw a stone at me!" Why not let ex-specialists be sure they were wrong?

· persons who do not have permanent registration in St. Petersburg ... It seems that everything is clear here. First, it is dictated by security considerations: we need to know who is coming to us. Secondly, one of the goals of the campaign is to collect information about potential customers. In particular, in the questionnaire, the completion of which is mandatory for the participant, his mobile phone is indicated, to which then, as we know, advertising spam will be actively sent in the future. In this sense, they are not interested in a person from another region. True, experts question the effectiveness of such "advertising", but so far this is a widespread phenomenon. By the way, this point is generally a violation of the Constitution of the Russian Federation, according to which all citizens of Russia have equal rights in any part of the Russian Federation to everything that is not prohibited by the Law. Including any purchases.

· persons under the age of 18. This is not clear, since the club is allowed to study independently for persons from 14 years of age.

· persons over 65 years old ... But this is a true masterpiece in the light of what we are talking about in this section. I would, in all conscience, cut off the head of the "sage" who invented it. Surely he invented something like “yes it is dangerous in our club for such clients. What happens - who will answer? " Then there are a few questions. How do you guys work in your "health club" if it is dangerous for people to do it? What do you expect these "advertising clients" to simply launch into the audience and not pay attention to them? What then is the meaning of the "action"? And a person at this age is only good for a cemetery? Don't you hope to live to that age? Or do you think that at 65 your priorities will only be boots in the summer and semolina? Or do you think that the bills in the pocket of an elderly person are different from the bills of the "right customers"?

· disabled people. As a pragmatic and cynical person, I will not talk about any common human values, about understanding and mercy. I will not say that we live in a society that has not yet emerged from the swamp of total anger and cruelty towards everyone who is different from us. I will not mention the recent past and no less "glorious" present, in which any disabled person is a person about whom the state pronounces very correct words, but at the same time actually considers it a burden. I will not point out again that we are the only country in which there are no ramps for people with disabilities in public transport, they are not allowed into the metro, and they are not given the opportunity to fly by planes of many airlines. I know that you are guided by a very simple logic, about the author of the selection (well, not euthanasia) of disabled people in clubs: “I hate to look at a disabled person. It is unpleasant for my clients to look at a disabled person, so I will do everything to avoid them. No man - no problem. " Sound familiar? The only thing I can wish the author from all my sinful soul is that nothing happens to him or his loved ones in the future that would force him to look at this problem from a different angle. Even for his enchanting stupidity and absolute heartlessness, I cannot wish him or her this.

And now down with the lyrics, and let's discuss the issue of discrimination (as you thought, this is the word THIS is called) soberly and consistently. Cynical, so to speak, if you like it better. Well, what else can you hear from me?

So, the club restricts access to its people over 65 and disabled people. What are the legal assessments of this act?

They have it written down in the Charter of the enterprise? In the Club Rules? Or are you so sure that in a private enterprise they have the right to violate federal law? Well, let's see.

Everyone has the right to establish their own customs in their home. But by selling services, everyone enters into civil law relationships with other people. If the difference is not clear, then follow on.

Even if such a rule is written in the charter of the institution, it is absolutely illegal. The charter should not contradict the Civil Code. I repeat, I am not even talking about the Constitution. Not letting a person with a disability go anywhere is like not selling a loaf of bread. And what if visitors start complaining that it is unpleasant for them to see blacks there, Asians, or odious "persons of Caucasian nationality"? Someone will not like women, some - men? What do we do?

But consider the possible arguments against.

Objection. The fitness club is a private establishment. The host has the right to establish any restrictions on the admission of visitors.

Answer. The club, presumably, is officially registered and provides paid services according to the legislation of the Russian Federation. And if so, then, although it is a private shop, its owner does not have the right to establish his own restrictions that contradict the laws of the Russian Federation. Discrimination on the basis of disability is against these laws. Here we have a clear violation of contractual obligations, namely the "Retail Sale Agreement" governing this activity, which is a kind of public agreement. V Art. 426 GK said: "Refusal of a commercial organization to conclude a public contract when it is possible to provide the consumer with the appropriate goods, services, and perform the appropriate work for him, is not allowed."

Objection. People with disabilities have rights, but they also have rights. healthy people... They come to the fitness club to exercise and have fun. And if they see people with disabilities, their mood may deteriorate. They will not be able to practice in the presence of those who cannot even walk. The club will lose its regulars and go broke.

Answer. The subjective experiences of individuals can in no way serve as a basis for infringing on the rights of other citizens. Today, someone does not like a person in a wheelchair, tomorrow - a person with dark skin, the day after tomorrow - people with red hair. However, none of the individual characteristics of a person gives the right to discrimination on one basis or another. And personally I will add: if in your club such visitors make up the majority, then something is wrong not with them, but with you. Flies are known to have great respect for certain substances.

1. A public contract is a contract concluded by a commercial organization and establishing its obligations to sell goods, perform work or provide services that such an organization, by the nature of its activities, must carry out in relation to everyone who turns to it (retail trade, transportation by public transport, communication services, energy supply, medical, hotel services, etc.).

A commercial organization does not have the right to give preference to one person over another in relation to the conclusion of a public contract, except as otherwise provided by law and other legal acts.

2. The price of goods, works and services, as well as other conditions of the public contract, shall be established the same for all consumers, except for cases when the law and other legal acts allow the provision of benefits for certain categories of consumers.

3. The refusal of a commercial organization to conclude a public contract if it is possible to provide the consumer with the relevant goods, services, and perform the relevant work for him is not allowed.

The essence of this article is as follows. If any commercial organization (store, hotel, club, fitness center, etc.) offers its services publicly (that is, the circle of persons to whom the service is offered is not clearly limited), then such an offer is recognized public offer, that is, a proposal to conclude the public contract referred to in clause 1.

The club publicly offers its services, and this is already an invitation to conclude a public contract, that is, an offer. If the club provided in its rules for visiting only for the owners of the club card, then it would not be a public offer, because the circle of persons to whom the offer of services is directed is clearly limited. But in our situation this is not the case. By the way, if the club is on its own advertising banner so little, below, writes that the proposal is not a public offer, then the life of his lawyer will not be easier. For the law says clearly: the circle of people for whom the service is offered on ANY advertising medium must be clearly delineated. Then you need to write on the banner, only in large size, according to the law, clearly, and not in the smallest print, the following: “Our club will be happy to see within its walls only young, physically full-fledged residents of our city! We assess the age on the basis of a passport, the question of physical usefulness is decided in our medical office or by eye. " In this case, the letter of the law will be observed.

The article cited above indicates that refusal can take place only in cases "provided for by law and other legal acts" ... But at the moment there are no normative legal acts providing for such grounds for refusal to conclude a public contract as “too old” or “disabled”.

I repeat, there is a very widespread misconception: a private owner has the right to decide "whom to execute and whom to have mercy", who to let in, and to whom to say that he "did not come out with his face." This is not just a delusion, but a manifestation of complete legal impotence and illiteracy. For the owner, such ignorance can end badly if he runs into a person who wants to defend his rights in court. By the way, I personally will help such a person. Free of charge, out of love for art.

Objection. Disabled people are not allowed in their own interests: the club is not suitable for wheelchair users, and you can't even go to the toilet.

Answer. There is a FEDERAL LAW ON SOCIAL PROTECTION OF DISABLED IN THE RUSSIAN FEDERATION, and according to this law, both municipal authorities and private owners are OBLIGED to provide access to people with disabilities to public places. Public places are not only clinics and hospitals, but educational institutions, cinemas, museums, and even restaurants and nightclubs. OBLIGED TO PROVIDE. In other words, do not miss it, because "the stairs are too steep and someone has already fallen on it" DO NOT HAVE THE RIGHT. Steep means that they are obliged to make a flat one, or provide another, safe, way to get into the room. Arguments like "knock over the wheelchair, trample", etc., are also not valid. If a person's legs do not work (or are completely absent), this does not mean that he has problems with his head. Will a healthy person, but not able to swim, jump into a pool from a 7-meter platform? Probably not, a sense of self-preservation will not give. Likewise, a person in a wheelchair will not climb where there is a clear danger, he has the same sense of self-preservation. So, the refusal to provide services on the basis of the unfitness of the premises is a violation of the federal law of 1995 "On social protection of disabled people", and this is also a problem not for a disabled visitor, but for the club's administration.

And, as a dessert, you will receive a volley of heavy artillery - an article from the Criminal Code of the Russian Federation. So,

Article 238 of the Criminal Code of the Russian Federation. Release or sale of goods, performance of work or provision of services that do not meet safety requirements.

1. The release or sale of goods, the performance of work or the provision of services that do not meet the requirements of the safety of life or health of consumers, as well as the unlawful issuance or use of an official document certifying the compliance of these goods, works or services with safety requirements, if these actions have caused harm by negligence human health, -

shall be punishable by a fine in the amount of 500 to 700 times the minimum wage, or in the amount of the wage or salary, or any other income of the convicted person for a period of 5 to 7 months, or restraint of liberty for a term of up to two years, or imprisonment for a term of up to two years.

2. The same acts if they:

a) committed in relation to goods, works or services intended for children under the age of six;

b) entailed, by negligence, injury to the health of two or more persons;

c) entailed the death of a person by negligence, -

shall be punishable by a fine in the amount of seven hundred to one thousand times the minimum monthly wage, or in the amount of the wage or salary, or any other income of the convicted person for a period of seven months to one year, or restraint of liberty for a term of up to three years, or imprisonment for a term of up to five years.

3. Deeds stipulated by the first or second part of this Article, and entailing by negligence the death of two or more persons, -are punished with imprisonment for a term of four to ten years.

And as a snack, I offer you comments on the situation when clubs, when concluding a contract, aggressively offer customers an insurance policy, namely, impose additional services.

Article 16 KLRO . Invalidity of the terms of the contract that infringe on the rights of the consumer.

1. The terms of the contract that infringe on the rights of the consumer in comparison with the rules established by laws or other legal acts of the Russian Federation in the field of consumer protection are recognized as invalid.

If, as a result of the execution of a contract that infringes on the rights of the consumer, he has suffered losses, they are subject to compensation by the manufacturer (performer, seller) in full.

2. It is prohibited to condition the purchase of certain goods (works, services) on the compulsory purchase of other goods (works, services). Losses caused to the consumer as a result of violation of his right to a free choice of goods (works, services) are reimbursed by the seller (performer) in full.

3. The seller (performer) is not entitled to perform additional work, services for a fee without the consent of the consumer. The consumer has the right to refuse to pay for such works (services), and if they are paid for, the consumer has the right to demand from the seller (executor) the return of the amount paid.

There are also a number of legislative provisions that are most directly related to the activities of fitness clubs.

Article 1068 of the Civil Code of the Russian Federation... Liability of a legal entity or citizen for harm caused by its employee.

A legal entity or a citizen shall compensate for the harm caused by its employee in the performance of labor (official, official) duties.

In relation to the rules provided for in this chapter, employees are citizens who perform work on the basis of an employment contract (contract), as well as citizens who perform work under a civil law contract, if they acted or should have acted on the instructions of the relevant legal entity or citizen. and under his control over the safe conduct of work.

Article 1084. Compensation for harm caused to the life or health of a citizen in the performance of contractual or other obligations.

Harm caused to the life or health of a citizen in the performance of contractual obligations, as well as in the performance of duties military service, police service and other relevant duties shall be reimbursed according to the rules provided for in this chapter, unless a higher amount of responsibility is provided for by law or agreement.

Article 1096 of the Civil Code of the Russian Federation. Persons responsible for harm caused as a result of defects in a product, work or service.

Damage caused as a result of defects in the goods is subject to compensation at the choice of the victim by the seller or manufacturer of the goods.

Damage caused as a result of defects in work or service is subject to compensation by the person who performed the work or rendered the service (performer).

The harm caused as a result of failure to provide complete or reliable information about the product (work, service) is subject to compensation by the persons specified in paragraphs 1 and 2 of this article.

Article 1099 of the Civil Code of the Russian Federation. General Provisions.

The grounds and amount of compensation for moral damage to a citizen are determined by the rules provided for by this Chapter and Article 151 of this Code.

Moral harm caused by actions (inaction) that violate the property rights of a citizen is subject to compensation in cases provided for by law.

Compensation for moral damage is carried out regardless of the property damage subject to compensation.

Article 1100 of the Civil Code of the Russian Federation... Grounds for compensation for moral damage.

Compensation for moral damage is carried out regardless of the fault of the tortfeasor in cases where:

harm is caused to the life or health of a citizen by a source of increased danger;

harm was caused to a citizen as a result of his unlawful conviction, unlawful prosecution, unlawful use as a preventive measure of imprisonment or recognizance not to leave, unlawful imposition of an administrative penalty in the form of arrest or correctional labor;

the harm was caused by the dissemination of information discrediting honor, dignity and business reputation;

in other cases provided by law.

Like this, Dear friends, you are by no means powerless. Now find your agreement with your club stuck far away and read it. Do you recognize? This is not surprising, almost all contracts are written off from one sample. Few people want to think for themselves. And the lawyers of fitness clubs. as my personal experience communication, generally incapable of mental activity, judging by the results thereof.

Number of impressions: 23,475

1. Terms of use of services and terms of the contract

1 To control the visit, the CDC "Soccer - Arena" issues a personal card to the client.

2 On the basis of this agreement, CDC "Soccer - Arena" provides the Client with the opportunity to attend classes held in CDC "Soccer - Arena", and the Client undertakes to pay for them. Payment under the agreement is made in cash or by bank transfer.

3 The opportunity for the Client to use the services of the CDC "Soccer - Arena" is provided to him at the following times: Monday-Friday to 23-00, Saturday, Sunday from 9-00 to 21-00.

4 Compensation for the loss or breakage of a booth key is 400 (four hundred) rubles, for a broken number plate 200 (two hundred) rubles, for a lost magnetic key 200 (two hundred) rubles, restoration of a lost club card 500 (five hundred) rubles.

5 Payment under the agreement is ________________ rubles, tariff: ______________________.

6 The term of the agreement is ___________ month from the date of its conclusion.

7 The client has the right to use additional services of the CDC "Soccer - Arena", which can be provided at the prices set by the CDC "Soccer - Arena".

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8 The client does not have the right to transfer the valid subscription of the CDC "Soccer - Arena" to third parties without the written consent of the administration of the CDC "Soccer - Arena". EXCEPT the dismissal of an employee from the organization in the case of a corporate subscription (a copy of the employment letter of dismissal is required), the client transfers the club card to another employee. The entrance to the CDC "Soccer - Arena" is carried out by club cards issued upon the conclusion of the contract. In case of loss of the card, the costs of restoring the card are reimbursed by the Client of the CDC "Soccer - Arena" in accordance with clause 4

9 The client certifies that he is familiar with the rules of the CDC "Soccer - Arena" governing the handling of the equipment and sports equipment provided by the CDC "Soccer - Arena". If the client has caused himself an injury, CDC "Soccer - Arena" is not responsible for the damage caused.

10 The client is obliged to warn about any medical contraindications that may prevent him from using the services of the Soccer-Arena CDC or cause damage to his health as a result of training at the Soccer-Arena CDC, as well as inform about a change in health (pregnancy ) during the validity period of this Agreement.

12 In case of violation by the Client of the rules for the use of sports equipment and equipment provided by CDC "Soccer - Arena", which led to damage to this equipment, the Client is obliged to compensate the damage caused by CDC "Soccer - Arena".

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13 In case of delay in payment for services under this Agreement within the time frame specified in clause 6, CDC "Soccer - Arena" shall suspend the provision of services.

14 CDC "Soccer - Arena" is not responsible for property, valuables, money of the client in case of loss, theft or damage on the territory of CDC "Soccer - Arena".

15 Payment under the contract is confirmed by a check or an act of work performed (services rendered) issued by the administrator (accountant) of the Soccer-Arena CDC to the client.

16 Subscription activation period no later than 30 days from the date of purchase. If the subscription is not activated within the specified period, the funds will not be returned to the client.

17 In the event that the Client owns a day pass and leaves the CDC "Soccer - Arena" later than 18.00, such a visit is considered ONE and is paid separately, according to the established tariff.

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18 The club reserves the right to close for holidays and repairs for an acceptable period, as well as CDC "Soccer - Arena" has the right to refuse to provide services without giving reasons.

19 "STOP CARD" CDC "Soccer - Arena" makes only with the purchase of season tickets "THREE-MONTH", "SEMI-ANNUAL" and "ANNUAL" for 10, 15 and 30 days, respectively. The Client is obliged to inform about the activation of the STOP CARD at least 24 hours in advance.

20 Duration of the contract: from __________ to ________

21 The client agrees with the internal rules of the CDC "Soccer - Arena".

22 I give my consent to Investor LLC for the processing of personal data in documentary / electronic / oral form, used within the framework of this concluded agreement.

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23 If the parties have no claims to each other, the contract is considered to be prolonged for the period according to the newly purchased subscription.

630005, Novosibirsk, st. Pisareva, 42 (full name) ______________________________________

p / s Passport: Series __________ No. _______________

BRANCH "SIBERIAN" BANK VTB (PJSC),

NOVOSIBIRSK Issued ___________________________________

Free legal advice:

Director __________________ I. Vorobyov ________________________ (____________________)

Schedule

Contacts

Mon - Fri 7:00 am

Sat, Sun 9:00 am

on holidays, changes in the operating hours are possible

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Our catalog of document samples, contract forms and job descriptions collected in this section

This section contains interesting information(Samples of documents, contracts, job descriptions, statements of claim, etc.). which is available for download absolutely free.

CONTRACT - samples of contracts

OFFICE INSTRUCTIONS - typical job descriptions

CLAIMS - samples of claims

CONTRACT - sample contracts

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SAMPLE - samples and shapes are different

JOB RESPONSIBILITIES - employee qualification requirements

Sample contract for the provision of fitness services

It is with the help of a contract for the provision of paid services that you can. The subject of this offer agreement is the provision of sports services to the Customer in the Re'forma fitness center of the Contractor. This is where a civil law contract comes in handy, namely a contract for the provision of services for compensation. You have become a Member of our Fitness Club - you have taken a new step. This is not surprising, almost all contracts are written off from one sample. Appendix E - Sample contract for the provision of sports and health services of the fitness club "Global". The Agreement, other agreements for the provision of services not provided for in the Agreement. Contract for the provision of services for a fee: samples with attachments, types of contract for the provision of services. Description of contracts for the provision of services for compensation. PUBLIC OFFER on the conclusion of a contract for the provision of services fitness club"Maxima", located at :, Altai Territory, city. News Useful information Advice of a lawyer Sample documents Articles of partners. The entry is recorded in the established form at the Club's reception.

Fitness club Athleticism and grace

PUBLIC AGREEMENT (OFFER AGREEMENT) ON THE PROVISION OF PHYSICAL AND HEALTHY SERVICES

This public agreement (hereinafter referred to as the "Agreement") establishes the obligations for the provision of services by the private unitary enterprise "Makarios" (Fitness Club "Athleticism and Grace"), hereinafter referred to as FITNESS CLUB represented by Director Gennady Leonidovich Gerlovich, acting on the basis of the Charter, with one parties, in relation to the consumer of services (hereinafter referred to as the CLIENT), on the other hand, and also establishes the obligations of the CLIENT who has accepted the Agreement in the manner prescribed by the Agreement.

1. PROCEDURE FOR CONCLUDING THE AGREEMENT

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1.1. The agreement is an offer (public offer) addressed to the circle of persons wishing to purchase the services of the FITNESS CLUB.

1.2. The terms of the Agreement are considered accepted by the CLIENT if the CLIENT has bought a subscription (one-time lesson) in the FITNESS CLUB.

1.3. The Agreement comes into force from the moment the FITNESS CLUB receives payment from the CLIENT, the CLIENT issues a subscription (prolongation of the subscription for the next period).

2. SUBJECT OF THE CONTRACT

2.1. The CLIENT instructs, and the FITNESS CLUB assumes the obligation to provide the CLIENT with health and fitness services in accordance with the type of subscription purchased (one-time lesson). The CLIENT undertakes to pay for the subscription in the amount and in the manner stipulated by this agreement (clause 4), to comply with the Club Rules (Appendix No. 1).

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2.2. A subscription is understood as the personal right of the CLIENT to consume services in accordance with the terms of this agreement.

3. RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1. During the validity period of the subscription, the CLIENT has the right to:

3.1.1. Regularly get acquainted with the schedule of classes held in the FITNESS CLUB and posted on the stand, as well as on the club's website at: www.fitness-ag.by

3.1.2. Visit the FITNESS CLUB during its opening hours in accordance with the type of subscription

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3.1.3. Consume health and fitness services, the list and quantity of which is determined in accordance with the type of subscription

3.2. The CLIENT is obliged:

3.2.1. Observe and not violate the Conditions of visiting the FITNESS CLUB (Appendix 1 to this Agreement)

3.2.2. Immediately notify the Club Administration about the presence of medical contraindications if the FITNESS CLUB services may cause damage to the life or health of the CLIENT, as well as about contraindications that create or may pose a threat to the life or health of other clients and staff of the CLUB

3.2.4. Pay for health and fitness services in a timely manner

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3.2.5. Take good care of the FITNESS CLUB property, prevent equipment breakdowns and immediately report violations of the visiting rules (damage to property, equipment breakdown) to the FITNESS CLUB administrator on duty

3.2.6. Pay a fine for the loss (damage) of the FITNESS CLUB property in accordance with the current tariffs or in the amount of its value determined by the CLUB Rules

3.3. FITNESS CLUB has the right to:

3.3.1. Require a medical examination (certificate) in the presence of obvious signs indicating that the CLIENT's health condition may pose a threat to his health, as well as the health of other clients or staff of the FITNESS CLUB, and if these signs are confirmed, temporarily terminate the provision of services unilaterally

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3.3.2. Deny the CLIENT access to the Club (temporarily terminate unilaterally the provision of services) if there are clear signs that the Client is intoxicated, or is trying to bring any types of weapons, explosives or poisonous substances into the training areas, as well as in the case of violation by the CLIENT of its obligations under clause 3.2. actual agreement

3.3.3. Require the CLIENT to stop actions that violate the FITNESS CLUB Rules, and in case of ignoring the comments of the Club employees, ask the Client to leave the FITNESS CLUB

3.4. FITNESS CLUB undertakes:

3.4.1. After full payment by the CLIENT of health and fitness services, issue a subscription to the CLIENT

3.4.2. Provide the CLIENT with fitness and health services available gyms FITNESS CLUB (possible time of classes: from 7:00 to 22:30 according to the schedule of the Club)

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4. COST OF SPORTS AND HEALTH SERVICES AND PAYMENT PROCEDURE

4.1. The cost of a subscription (one-time lesson) of physical culture and health services is determined in accordance with the price list in force at the time of payment

4.2. The CLIENT pays the cost of services by depositing cash at the cash desk of the FITNESS CLUB or to the current account of UE "Makarios"

4.3. The entire amount is paid for the subscription at once

4.4. The cost of the subscription includes the work of the instructor with the CLIENT (taking into account the equal right to the attention of the instructor of all CLIENTS)

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4.5. The FITNESS CLUB provides the possibility of individual work of the instructor with the CLIENT for an additional fee, by prior arrangement with the instructor

4.6. Payment for preferential (up to 18 years old) season tickets is made only with supporting documents (passport or birth certificate).

5. SUSPENSION AND EARLY TERMINATION OF THE AGREEMENT

5.1. The agreement is subject to early termination unilaterally at the initiative of the FITNESS CLUB in the following cases:

5.1.1. Violations by the CLIENT of the FITNESS CLUB Rules or the terms of this Agreement

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5.1.2. Violations by the CLIENT of the order of payment for the subscription

5.1.3. Identification of documented contraindications in the CLIENT posing a threat to his life, as well as to the life or health of other clients or FITNESS CLUB personnel

5.2. In case of early termination of the AGREEMENT on the initiative of the FITNESS CLUB, the refund is made minus a penalty in the amount of 15% of the cost of the subscription to be returned (taking into account the lessons used)

5.3. Refunds to the CLIENT of the cost of the subscription are made within 5 working days after the early termination of the contract by disbursing funds from the cash desk of the FITNESS CLUB or by bank transfer to the current account of the CLIENT.

5.4. In case of missing classes due to illness (upon presentation of a sick leave or certificate from the relevant medical institution), payment is charged in proportion to the time of attending classes. If you miss classes without good reason. and also when trainees leave the group, the fee paid by them is not refundable.

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6. DURATION OF THE CONTRACT

6.1. The contract is considered prolonged if the CLIENT purchases a subscription for the next term (payment for a one-time lesson).

7. SPECIAL CONDITIONS OF THE CONTRACT

7.1. By purchasing a subscription (one-time lesson), the CLIENT confirms that he has no medical contraindications for the provision of services by the FITNESS CLUB, which may cause damage to the life or health of the CLIENT, as well as the life or health of other clients and staff of the CLUB

7.2. FITNESS CLUB reserves the right to temporarily suspend work for technical or other reasons. In this case, the period of validity of the subscription is extended for the period of forced downtime in the work of the FITNESS CLUB

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7.3. In the event of damage by the CLIENT to the FITNESS CLUB, the FITNESS CLUB has the right to suspend the fulfillment of its obligations to the CLIENT under this agreement and set off the cost of not rendered health and fitness services in repayment of the damage caused. In the event that the amount of damage exceeds the cost of the non-rendered health and fitness services, the CLIENT is obliged to reimburse the remaining amount of damage in accordance with the calculations provided by the FITNESS CLUB

7.4. The CLIENT is fully responsible for the state of his health. Officials, administration, employees and instructors of the FITNESS CLUB are not responsible for harm associated with any deterioration in the health of any of the CLIENTS and injuries resulting from or received as a result of any independent training.

7.5. By accepting the terms of the Agreement, the CLIENT agrees that he is not entitled to demand from the FITNESS CLUB any compensation for moral, material damage or harm caused to his health both during the term of this Agreement and after its expiration, except in cases directly provided for by applicable law

7.6. For technical inconveniences caused by seasonal, preventive and emergency work by the municipal services of Minsk, FITNESS CLUB is not responsible

7.7. Information is considered to be brought to the attention of the CLIENT if it is posted on the FITNESS CLUB Information stand

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7.8. The club has the right to refuse to extend the subscription (purchase of a one-time lesson) without specifying the reasons for such actions

7.9. The Club reserves the right to unilaterally amend this Agreement and the list of rules set forth in Appendix 1 to this Agreement. In case of their change, the new version of the Agreement and the Rules will be posted on the Information stand and the FITNESS CLUB website

7.10. All relations not settled by the parties in this agreement are governed by the current legislation of the Republic of Belarus.

8.1. The Parties are exempt from liability for partial or complete failure to fulfill obligations under this Agreement if this failure was the result of force majeure circumstances that arose after the conclusion of this Agreement as a result of extraordinary circumstances, such as: flood, fire, earthquake and other natural phenomena, as well as war , military actions, blockade, prohibitive actions of the authorities and acts of state bodies, destruction of communications and energy supply, explosions that occurred during the validity of this agreement, which the parties could not foresee or prevent

8.2. All disputes or disagreements arising between the parties under this Agreement or in connection with it shall be resolved through negotiations.

9. ADDRESSES, BANK DETAILS

Details of the fitness club: UE "Makarios" (Fitness club "Athleticism and Grace")

Legal address: Minsk, ave. Newspaper "Zvyazda" 61

Correspondence address: PO Box 304

Current account: 3818,

Bank: code, Branch No. 538 Minsk OJSC "Belinvestbank". Minsk,

Excerpts from the Order of the Ministry of Sports and Tourism of the Republic of Belarus dated June 30, 1997. No. 832 "On the organization and provision of paid physical culture and health-improving services by means of physical culture and sports."

2.3. The cost of types of paid services by means physical culture and sports (price list) is developed by organizations and sports facilities that provide services. In the calculation of the cost of paid classes in health and fitness groups and groups sports orientation includes the costs of paying for specialists who conduct classes, renting places of employment, taking into account the number study groups and the number of students, the number of classes per week and for the planned period.

4.4. The payment for classes in groups, clubs is paid by the trainees on a monthly or quarterly basis; by the decision of the administration, one-time classes with appropriate payment can be organized.

In case of missing classes due to illness (upon presentation of a sick leave or certificate from the relevant medical institution), payment is charged in proportion to the time of attending classes. If you skip classes without good reason, as well as if students leave the group, the fee paid by them is not refundable.

5.2. “Students are obliged to follow the established procedure, take good care of property and sports equipment …».

Appendix to public contract No. 1

Conditions for the functioning of group exercises (aerobics, shaping, etc.).

1. A subscription is paid at a time for 12. 8 or 4 lessons

2. When buying a subscription for 12 lessons (3 times a week) you get a 15% discount. for 8 lessons (2 times a week) - 7.5%. a subscription for 4 lessons (once a week) is paid at full cost

3. One-time lessons are paid with a surcharge - 10%

4. Missed classes in the current month are worked out in any group of the current month if there is a place with a surcharge of the difference in cost

5. Anyone who is late for class loses the right to be included in the group and is allowed to class only if there is a place. The person who took the free space from the group is not removed

6. Unused lessons (amount) are carried over to the next month:

In the presence of a b / sheet, a certificate and other documents confirming the absence of classes and with a timely warning of the administration about the pass

7. In other cases, unused lessons are transferred to the "Temporary subscription". those. the unspent amount is converted into minutes and can be used within the next month

Working conditions for the "Temporary subscription".

1. When selling "Temporary subscription", the date of sale is fixed

2. "Time subscription" is designed for 600 minutes of work (10 hours)

3. "Temporary subscription" can be used:

in the cardiovascular gym,

in the gym,

for playing table tennis,

on a vibrating massager

4. The subscription records the time spent in the club from receiving the key from the locker to handing it over to the administrator, ie. class time includes: changing clothes, exercising and showering (if used)

5. The time of the beginning of the lesson, its duration, the number of lessons per week is determined by the student himself.

6. "Temporary subscription" is sold from any day of the month and is valid until the same day of the next month (not including this date)

7. In cases where the "Temporary subscription is forgotten", a one-time lesson is paid

8. For the "Temporary subscription" there is an additional condition "Super benefit"

9. In case of loss of the "Temporary subscription", it can be restored (once a year) at the request of the Client.

Additional conditions for "Women's Fitness" groups

1. "Temporary subscription" for "Women's fitness" classes differs from the "Temporary subscription" of the general gym in cost, as well as conditions

2. The cost of 60 minutes (conditionally one lesson in the women's gym) includes 10 minutes of work on cardio simulators

3. Additional work on cardio simulators is carried out on a temporary subscription to the general gym

4. The "Super Benefit" condition also applies to the "Women's Fitness" groups.

New Authors

1. 1Fitness. Center undertakes to provide the Client of the Fitness Center with a range of sports services (hereinafter referred to as the "Service") under the terms of the Agreement.

1.2. The list of services included in the price of the Agreement: the use of locker rooms, showers, individual lockers for storing things in the locker rooms, visiting the gym, visiting the pool, visiting group classes provided for by the fitness center's approved training schedules (hereinafter the “Schedule”), with the exception of additional paid lessons specified in the Schedule, one instruction in the gym, one instruction in the pool, visit to the Finnish sauna, steam bath "hamam". The rest of the services are paid.

1.3. Services are provided to the address. a, at the hours established by the Rules of the corresponding Fitness Center.

1.4. After making payment, in accordance with the terms of the Agreement, for the period of rendering the services of the Fitness Center, a personal club card is issued, which is the basis for receiving the Services.

1.5. The validity period of each card, provided that the Client of the Fitness Center fulfills the obligation to pay for the Services provided for in the Agreement, is calculated from the date of occurrence of the one of the following events that occurs first:

* The date specified on the title page of the Agreement or in the application of the Client of the Fitness Center as the start date of the Club card has come

* The Client of the Fitness Center started using the Services or Additional Services in the period from the date of signing the Agreement to the 30th day of the date of signing the Agreement - in cases where the agreed start date of the Club Card is not on the title page of the Agreement or the Client's application of the Fitness Center.

* The 31st day from the date of signing the Agreement, indicated on the title page of the Agreement, has come.

1.6. Until the issuance and receipt of the Club Card, the Client of the Fitness Center has the right to receive the Services on the basis of the Agreement containing the mark of the Fitness Center on payment for the Services in the manner prescribed by the Agreement.

1.7. In case of loss of the Club Card, the Client of the Fitness Center is obliged to issue a new Club Card. Issuing a new card instead of the lost one is an additional service and is payable according to the tariffs of the Fitness Center.

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. Fitness Center undertakes:

2.1.1. Ensure the proper quality of the services provided.

2.1.2. Ensure proper functioning sports equipment and inventory, as well as auxiliary equipment in the premises of the Fitness Center for the Clients of the Fitness Center.

2.2. Fitness Center has the right to:

2.2.1. Unilaterally establish the list and cost of services that are not included in the cost of Card Services (hereinafter "Additional Services")

2.2.2. Engage third parties to provide the Services.

2.2.3. In case of emergencies not due to the fault of the Fitness Center and / or force majeure circumstances, unilaterally limit the volume and procedure for providing the Services, Additional Services to the clients of the Fitness Center.

2.3. The club's client undertakes:

2.3.1. Pay for the Services, Additional Services in the manner and on the terms of the Agreement.

2.3.2. Observe the Rules of the Fitness Center, which are communicated to the client's signature

2.3.4. Do not transfer cards to third parties.

2.4. Fitness Center clients have the right to:

2.4.1. Use the Services of the Fitness Center, participate in the activities of the Fitness Center at will.

2.4.2. Receive help, advice, instruction from instructors on the Services provided

2.4.3. If circumstances arise that temporarily prevent the receipt of the Services, use the additional option provided by the Fitness Center to the Clients of the Fitness Center. suspend the period of validity of the Club card with any reason and without their indication (hereinafter referred to as "Freeze"). The Application for the provision of Freezing must be received by the Fitness Center no later than the first day of the requested Freezing, otherwise, the Fitness Center has the right to refuse to provide the Freezing.

2.4.3.1. The minimum period for a one-time freezing of each Club card cannot be less than fourteen (14) calendar days. The total period (total number of days) of Freezing during the entire period of validity of the Club Card cannot exceed the number of calendar days indicated on the front side of the Agreement and cannot be increased for any reason, including illness, vacation, business trip or any other reasons, and circumstances.

2.4.3.2. The only exception, according to which the Client of the Fitness Center, at the discretion of the administration of the Fitness Center, can increase the total period of Freezing, is pregnancy. In this case, the number of days of possible additional Freeze due to pregnancy in the amount of the unspent remainder of the Freeze days provided under clause 2.4.3.1. will not exceed 90 (Ninety) calendar days. The provision of freezing during pregnancy is carried out directly at the discretion of the administration of the Fitness Center and is formalized by the Supplementary Agreement to this Agreement. An application for a Pregnancy Freeze must be received by the Fitness Center no later than the first day of the additional freezing requested by the Fitness Center Client. An application for an additional Freeze for pregnancy for the past period (in whole or in part) is not considered. The Fitness Center client may be denied an additional Freeze due to pregnancy without explanation.

2.4.3.3. The period for Freezing the Club Card is calculated from the day specified in the written application of the Client of the Fitness Center, but not earlier than the day the Fitness Center receives the corresponding written application.

2.4.3.4. Cancel or reschedule the booked Additional Service no later than 12 (Twelve) hours before the time of its provision, otherwise the refund of the paid amount for Additional Services will not be made. Suspension by the Client of the Fitness Center of the period of validity of the Club card (Freeze) does not provide for automatic cancellation pre-appointment for Additional service.

3. COST OF SERVICES, PAYMENT PROCEDURE.

3.1. The cost of services / the price of the Club card under this agreement is special and is set based on the conditions for purchasing the Services. Service cost / Club Card price includes a one-time non-refundable fee.

3.2. Payment for services under the Agreement is made by the Client of the Fitness Center at a time by 100% advance payment no later than the day of the beginning of the paid period, unless otherwise provided by the Agreement.

3.3. All settlements under the Agreement are made in cash and non-cash form exclusively in the currency of the Russian Federation - the ruble.

3.4. Payment for Additional services in cash is made only at the cash desk of the Fitness Center.

3.5. The client of the Fitness Center pays for additional services by making 100% prepayment.

3.6. To pay for Additional Services, the Client of the Fitness Center can make an advance payment to the cashier of the Fitness Center. When providing the Additional Service, its cost is deducted from the amount of the advance payment before the Client of the Fitness Center is issued a confirmation document (cashier's check), which he must present upon receipt of the paid Additional Service. If the payment for the received Additional Services is not paid, the Fitness Center has the right to restrict the Client of the Fitness Center in receiving the Services, Additional Services until the arising debt is repaid. If the Client of the Fitness Center, within 1 (one) day from the date of the provided and unpaid Additional Service, refuses to pay off or does not repay the arisen debt, the amount of the debt is deducted without acceptance by the Fitness Center from the cost of the Services specified in the Agreement, followed by a commensurate reduction in the duration of the corresponding Club cards.

4.1. The Client of the Fitness Center is financially responsible for property damage caused to the Fitness Center. If the Client of the Fitness Center causes property damage to the Fitness Center, the Client of the Fitness Center is obliged to reimburse the Fitness Center for the cost of the damaged and / or lost property established by the administration of the Fitness Center.

4.1.2 .. In the event that the Client causes property damage to the Fitness Center, the administration of the Fitness Center draws up an act, which is signed by the authorized representatives of the Parties. If the Client of the Fitness Center refuses to sign the act, the Fitness Center unilaterally signs it in the presence of two disinterested persons. The Client of the Fitness Center within 5 (five) calendar days on the basis of the act is obliged to compensate for the damage caused in full, otherwise the amount of damage will be deducted without acceptance by the Fitness Center from the total amount specified in the Agreement, followed by a commensurate reduction in the period of validity of the Club Card.

4.2 .. In case of loss of the Club card or its re-issuance to another person, the Client of the Fitness Center is charged a fee in the amount established by the Price List of the Fitness Center.

4.3 .. In the event of a systematic (two or more times) violation by the Fitness Center Client of the Fitness Center Rules, the Agreement may be terminated by the Fitness Center unilaterally.

4.4. By signing the contract, the Client of the Fitness Center declares that he has no medical contraindications for visiting the Fitness Center and receiving health and fitness and sports services. The Fitness Center is not responsible for the harm caused to the life and health of the Client of the Fitness Center as a result of the provision by the Client of the Fitness Center of inaccurate information about his state of health.

4.5. Fitness Center is not responsible for:

4.5.1. For harm caused to the health of the Client of the Fitness Center if the Client of the Fitness Center violates the Rules for visiting the Fitness Center and / or safety rules when using the Services, and / or through negligence of the Client of the Fitness Center.

4.5.2. For harm caused to the life, health and / or property of the Client of the Fitness Center by the actions of third parties

4.5.3. For the loss or damage to personal belongings left by the Client of the Fitness Center in the locker rooms or other premises of the Fitness Center.

4.5.4. For harm associated with deterioration of health, if the health condition of the Client of the Fitness Center has deteriorated as a result of an acute illness, exacerbation of injury or chronic illness.

4.6. The parties are exempt from liability for partial or complete failure to fulfill obligations under the Agreement if the failure was the result of force majeure.

5. FINAL PROVISIONS AND SIGNATURES OF THE PARTIES.

5.1. This Agreement is valid from the moment of signing and until its termination by agreement of the parties and at the initiative of the Client.

5.2. On the initiative of the Fitness Center, the Agreement may be terminated in the event of failure to fulfill the obligations listed in clause 2.3. actual agreement.

5.3. The Agreement can be terminated by the Client of the Fitness Center unilaterally. The date of termination of the Agreement will be the date of acceptance by the Fitness Center of a written application from the Client of the Fitness Center, unless a later date is specified in the application. In this case, the amount of funds to be returned to the Client of the Fitness Center no later than 30 (Thirty) banking days from the date of termination of the Agreement is determined as the amount paid by the Client of the Fitness Center on the date of termination of the Agreement, minus a one-time non-refundable contribution of 30% of the cost of the Club card and deducting the cost of the period from the beginning of the validity period of the respective Club Cards until the date of termination of the Agreement. In this case, the cost of the period from the beginning of the validity period of the corresponding Club Cards until the date of termination of the Agreement is calculated based on the cost of the Club Card until the date specified in the Agreement, reduced by the amount of a one-time non-refundable contribution and excluding the Fitness Center provided by the Fitness Center to the Client. special conditions purchase of Services on the date of signing the Agreement (gifts, bonuses, freezes, renewals and other options set by the Fitness Center).

5.4. The Agreement can be terminated by the Fitness Center unilaterally. In this case, the amount of funds to be returned to the Client of the Fitness Center is determined as the amount paid by the Client of the Fitness Center on the date of termination of the Agreement, minus the cost of the period from the beginning of the validity period of the corresponding Club Cards until the date of termination of the Agreement.

5.5. Inability to provide services (in whole or in part), in cases of reconstruction, repair of the Fitness Center building or a separate part of it, power outages, water supply (including hot water supply), including planned, as well as due to other circumstances, including circumstances of force majeure is not a reason for early termination of the Club Cards or for the provision of additional freezes.

5.6. All disputes and disagreements related to the conclusion, execution and termination of the Agreement, the Parties will seek to resolve through negotiations.

5.7. In all other respects that are not provided for by the Agreement, the Parties are guided by the current legislation of the Russian Federation.

5.8. The Agreement is valid until the Parties fulfill all their obligations.

5.9. The Agreement was drawn up in Vladimir in 2 (two) copies having the same legal force, one for the Client of the Fitness Center, one for the Fitness Center. The date on which the Agreement was drawn up is indicated on the title page of the Agreement. The Client of the Fitness Center is responsible for the accuracy of the data specified in the Agreement, and in case of their change, must immediately inform the Fitness Center.

I have read / familiarized myself with the terms of the Agreement and agree / agree to comply with them.

I have read / understood the rules for visiting the Fitness Center.

Client of the Fitness Center Fitness Center "Ant" / LLC "Strike

_____________________ _________________ / Metlinov A. N /

Date of conclusion of the contract ______________

home

We are glad to see fans healthy way life on our official website. Fitness center "Reform" offers many opportunities and services to improve your physical form, for active recreation and health improvement. On the site you will find pricing information, read reviews and make virtual tour through the halls.

At your disposal:

Spacious gyms with modern reliable AEROFIT equipment

PROFITABLE - you can satisfy any of your sports needs inexpensively, efficiently and quickly

favorable conditions for cooperation with corporate clients

CHOICE - a wide range of subscriptions - you can choose the option that suits you best

QUALIFIED STAFF - a professional team of instructors with many years of experience, who have passed seminars in leading areas, will help you achieve results.

FULL COMPLEX OF SERVICES, in addition to the gym, the halls of group programs, the list of services includes: a solarium, a body shaping room, a sauna, which will allow you to save your time on visiting specialists located in one place.

SERVICE - high level service

COMFORT - excellent ventilation and air conditioning system, comfortable showers and changing rooms, convenient location (proximity to highways, parking) pleasant atmosphere convenient work schedule From 07.00 to 23.00 various payment systems.

UNIQUE OFFERS - special programs for newlyweds, classes for expectant mothers, children's fitness / dance directions, various gift certificates, POLE DANCE classes.

If you are still in doubt, then come to the "Reform" fitness center and see for yourself! After the first lesson, you will love sports even more and want to become a regular customer. You just need to start practicing and progress!

If you decide to visit the fitness center "Reform", then we are waiting for you on the street. Michurinskaya, 169A. We will be glad to all our visitors!

Fitness club contract with a client

Coordinator: Svetlana Ryabukhina

Coordinator: Irina Poletaeva

Coordinator: Olga Andreeva

to any direction

Section from the new book, which is being prepared for publication "Reasonable fitness. Trainer's book "/ T. Bestavishvili.

This document must be sealed with the signatures of these persons or their legal representatives

This document must not contradict the legislation of the Russian Federation

But in order for these Rules to become a document, one more condition must be observed: any document signed by the club and the client must not be drawn up in violation of the legislation of the Russian Federation. Otherwise, it will be considered a legally void document, and no court will accept it as an argument for the correctness of the club. Recently I happened to get acquainted with a multi-page document - "Rules" of one large network of clubs. The rules were, as they say, for any situation. For any violation a fine of 500 rubles was declared there. This alone was a gross violation of the law, according to which in the Russian Federation, only administrative bodies - the police, the court, and some departments, for example, the Ministry of Emergency Situations - can impose a fine on a citizen in exceptional cases, but stipulated by law. But not commercial structures, especially on the basis of some of their own Rules. But these are only flowers ...

Article 163 of the Criminal Code of the Russian Federation. Extortion.

Shall be punishable by restraint of liberty for a term of up to three years, or arrest for a term of up to six months, or imprisonment for a term of up to four years with a fine of up to fifty minimum wages or in the amount of the convict's salary or other income for a period of up to one month, or without it.

2. Extortion committed:

a) by a group of persons by prior agreement;

c) with the use of violence,

Shall be punishable by imprisonment for a term of three to seven years, with or without confiscation of property.

3. Extortion committed:

a) by an organized group;

b) in order to receive property on a large scale;

c) with the infliction of grievous harm to the health of the victim;

d) by a person who has previously been convicted of embezzlement or extortion two or more times -

shall be punishable by deprivation of liberty for a term of seven to fifteen years with confiscation of property.

I was extremely amused by another clause prohibiting clients in the club from "acts of a sexual nature." I suppose that this book is now in the hands of a lady, so I try not to even remember the associations that have arisen in my head while reading this masterpiece of legal thought. I kept trying to imagine what the author of this pearl had in mind ...? Naturally, these "actions of a sexual nature" were also fined in rubles.

There were some more funny points, but I will not describe everything. The main thing is that these Rules are not any “document”. It's just a bunch of pieces of paper.

The second document regulating the relationship between the club and the client is the Agreement. It spelled out the rights and obligations of the parties. Let's talk about these contracts.

Usually, clients start having problems when, for some reason, they want to terminate their membership in the club ahead of schedule. Many agreements provide for a penalty that the club reserves if you terminate your membership early. Some especially greedy clubs have a “lip rolls out” to keep as much as 35% of the total cost of the card! Only for some reason they obviously do not prosper ...

You can terminate the contract for the provision of health and fitness services at any (!) Moment on the basis of Article 32 of the Federal Law on Consumer Rights Protection. On the basis of the article, you are obliged to compensate the contractor only for reasonable expenses related to the provision of the service. No "forfeit", interest and other deductions, unless they are compensation for costs actually incurred by the club, will not apply by virtue of Articles 16 of the Federal Law of the KLOP.

At the same time, the contract is governed by the rules Chapter 39 of the Civil Code of the Russian Federation "Paid provision of services". According to Article 782 of the Civil Code of the Russian Federation, the customer has the right to refuse to execute the contract for the provision of services for a fee, subject to payment to the contractor for the expenses actually incurred by him.

By the way, here is the article 32 of the PDOP itself.

Article 32 of the KLRO. The consumer's right to refuse to fulfill the contract for the performance of work (provision of services).

When, in the process of resolving your question about a refund, the customer is trumped by the word "forfeit", it will not be superfluous to quote Clause 1 of Article 330 of the Civil Code of the Russian Federation which reads as follows: "Forfeit is considered to be the amount of money determined by law or contract, which the debtor is obliged to pay to the creditor in case of non-performance or improper performance of the obligation, in particular in case of delay in performance"... Let us remind you that there is no clause in any agreement that obliges the client not to interrupt his membership. And the refusal to fulfill the contract is provided for by article 32 of the ZOPP, that is, it cannot be recognized as improper fulfillment of obligations. So what kind of forfeit can we talk about?

You can “go” to this flagrant violation of the client's rights from the other side, unexpected for the club that is trying to deceive you.

In accordance with clause 1 of Art. 426 of the Civil Code of the Russian Federation the contract for the provision of sports and health services is a public contract.

According to clause 1 of Art. 10 of the RF Law ZOPP, the contractor is obliged to promptly provide the consumer with the necessary and reliable information about the services, ensuring the possibility of their correct choice, including information on the price and conditions for the acquisition of the corresponding services (clause 2 of article 10 of the Law).

Article 3 of the PDO foreseen consumers' rights to education in the field of consumer protection by organizing a system of consumer information about their rights and about the necessary actions to protect these rights.

Given the public nature of the contract with the consumer, the performer (fitness club) is obliged to inform the consumer about his the possibilities to demand budgeting (see. Clause 1 of Art. 33 ZOPP).

Also, the consumer must be reliably informed about the method of calculating the refundable amount in the event of early termination of the contract, based on the requirements Articles 782 of the Civil Code of the Russian Federation on payment of only the actual expenses of the contractor in case of early termination of the contract by the consumer of services.

By the way, do not forget that by law you are obliged to return the money to the client. within a ten-day calendar (!) period after submitting the relevant application. The law does not provide for any other options. And even more so it does not allow the appearance of masterpieces such as “30 banking days for payment”.

Well, for a snack, you can quote to the representatives of the club Part 2 of Article 14.8 of the Administrative Code, establishing responsibility for the use in activities of contracts that contradict Federal Legislation. This threatens the club with a cut. a fine for each (!) copy of such a "contract".

There are other ways to avoid liability to the client. No less naive and stupid.

Let's just count.

Explaining these legal blunders in detail may cause anger among my colleagues and accusations of violating corporate solidarity. But let's be fair, dear colleagues. As long as our potential clients have reason to accuse the clubs of dishonesty and greed, this will not add respect, clients, or money to us. Unfortunately, already now, many clients in big cities have formed a clear conviction that a fitness club is a "scam for money" and low professionalism is everywhere. People are unfair, but even false opinions are spreading very quickly now. The trouble is that such opinions become subconscious, and this is already very bad for the entire business as a whole. Alas, masses of people are already convinced that a fitness club is a place where only scammers work, whose goal is to deceive the client in any way. If you don’t believe me, go to club blogs on social networks, there you read about this! So let's work normally, honestly and wisely, then there will be no such problems. Everyone will benefit from this.

But there are other, no less gross violations of the law. And again, as I have done in this book many times, and I will do even more below, I give a lively example. Recently I had the good fortune to familiarize myself with a good, but only at first glance, advertising campaign of the St. Petersburg fitness-club network. As part of this promotion, new potential clients were offered to make 10 free (!!!) visits to the club, with the right to use all the services included in the card. Such promotions are a very good method of attracting new customers. For 10 visits, the club gets a unique opportunity to sell its club cards to almost everyone who has taken a bite.

Of course, you shouldn't assume that they invite everyone. The action does not apply to

· former clients of the club. And this, on the one hand, is true, because the action is aimed at attracting new ones. But it’s not that simple. Let's think consistently. If the client once left the club, it means that he didn’t like something. Knowing what customers don't like is much more important than understanding what they like. Errors must be identified and, after analysis, ruthlessly eradicated. If a person left unhappy, but showed a desire to visit again, the club gets a unique opportunity to show him that he once made a mistake. “We are already getting better, we have improved! Come to us again! " Is there any logic in such reasoning? Undoubtedly.

· former club specialists... Yes, this is probably true. But, as one outstanding person said, "He who is without sin, let him be the first to throw a stone at me!" Why not let ex-specialists be sure they were wrong?

· persons who do not have permanent registration in St. Petersburg... It seems that everything is clear here. First, it is dictated by security considerations: we need to know who is coming to us. Secondly, one of the goals of the campaign is to collect information about potential customers. In particular, in the questionnaire, the completion of which is mandatory for the participant, his mobile phone is indicated, to which then, as we know, advertising spam will be actively sent in the future. In this sense, they are not interested in a person from another region. True, experts question the effectiveness of such "advertising", but so far this is a widespread phenomenon. By the way, this point is generally a violation of the Constitution of the Russian Federation, according to which all citizens of Russia have equal rights in any part of the Russian Federation to everything that is not prohibited by the Law. Including any purchases.

· persons under the age of 18. This is not clear, since the club is allowed to study independently for persons from 14 years of age.

· persons over 65 years old... But this is a true masterpiece in the light of what we are talking about in this section. I would, in all conscience, cut off the head of the "sage" who invented it. Surely he invented something like “yes it is dangerous in our club for such clients. What happens - who will answer? " Then there are a few questions. How do you guys work in your "health club" if it is dangerous for people to do it? What do you expect these "advertising clients" to simply launch into the audience and not pay attention to them? What then is the meaning of the "action"? And a person at this age is only good for a cemetery? Don't you hope to live to that age? Or do you think that at 65 your priorities will only be boots in the summer and semolina? Or do you think that the bills in the pocket of an elderly person are different from the bills of the "right customers"?

· disabled people. As a pragmatic and cynical person, I will not talk about any common human values, about understanding and mercy. I will not say that we live in a society that has not yet emerged from the swamp of total anger and cruelty towards everyone who is different from us. I will not mention the recent past and no less "glorious" present, in which any disabled person is a person about whom the state pronounces very correct words, but at the same time actually considers it a burden. I will not point out again that we are the only country in which there are no ramps for people with disabilities in public transport, they are not allowed into the metro, and they are not given the opportunity to fly by planes of many airlines. I know that you are guided by a very simple logic, about the author of the selection (well, not euthanasia) of disabled people in clubs: “I hate to look at a disabled person. It is unpleasant for my clients to look at a disabled person, so I will do everything to avoid them. No man - no problem. " Sound familiar? The only thing I can wish the author from all my sinful soul is that nothing happens to him or his loved ones in the future that would force him to look at this problem from a different angle. Even for his enchanting stupidity and absolute heartlessness, I cannot wish him or her this.

So, the club restricts access to its people over 65 and disabled people. What are the legal assessments of this act?

They have it written down in the Charter of the enterprise? In the Club Rules? Or are you so sure that in a private enterprise they have the right to violate federal law? Well, let's see.

But consider the possible arguments against.

Objection. The fitness club is a private establishment. The host has the right to establish any restrictions on the admission of visitors.

Answer. The club, presumably, is officially registered and provides paid services in accordance with the legislation of the Russian Federation. And if so, then, although it is a private shop, its owner does not have the right to establish his own restrictions that contradict the laws of the Russian Federation. Discrimination on the basis of disability is against these laws. Here we have a clear violation of contractual obligations, namely the "Retail Sale Agreement" governing this activity, which is a kind of public agreement. V Art. 426 GK said: "Refusal of a commercial organization to conclude a public contract when it is possible to provide the consumer with the appropriate goods, services, and perform the appropriate work for him, is not allowed."

Objection. Disabled people have rights, but healthy people also have rights. They come to the fitness club to exercise and have fun. And if they see people with disabilities, their mood may deteriorate. They will not be able to practice in the presence of those who cannot even walk. The club will lose its regulars and go broke.

Answer. The subjective experiences of individuals can in no way serve as a basis for infringing on the rights of other citizens. Today, someone does not like a person in a wheelchair, tomorrow - a person with dark skin, the day after tomorrow - people with red hair. However, none of the individual characteristics of a person gives the right to discrimination on one basis or another. And personally I will add: if in your club such visitors make up the majority, then something is wrong not with them, but with you. Flies are known to have great respect for certain substances.

The essence of this article is as follows. If any commercial organization (store, hotel, club, fitness center, etc.) offers its services publicly (that is, the circle of persons to whom the service is offered is not clearly limited), then such an offer is recognized as a public offer, that is a proposal to conclude the public contract referred to in clause 1.

The club publicly offers its services, and this is already an invitation to conclude a public contract, that is, an offer. If the club provided in its rules for visiting only for the owners of the club card, then it would not be a public offer, because the circle of persons to whom the offer of services is directed is clearly limited. But in our situation this is not the case. By the way, if the club, on its advertising banner, is so small, below, that the proposal is not a public offer, then the life of its lawyer will not be easier. For the law says clearly: the circle of people for whom the service is offered on ANY advertising medium must be clearly delineated. Then you need to write on the banner, only in large size, according to the law, clearly, and not in the smallest print, the following: “Our club will be happy to see within its walls only young, physically full-fledged residents of our city! We assess the age on the basis of a passport, the question of physical usefulness is decided in our medical office or by eye. " In this case, the letter of the law will be observed.

The article cited above indicates that refusal can take place only in cases "provided for by law and other legal acts"... But at the moment there are no normative legal acts providing for such grounds for refusal to conclude a public contract as “too old” or “disabled”.

Objection. Disabled people are not allowed in their own interests: the club is not suitable for wheelchair users, and you can't even go to the toilet.

Answer. There is a FEDERAL LAW ON SOCIAL PROTECTION OF DISABLED IN THE RUSSIAN FEDERATION, and according to this law, both municipal authorities and private owners are OBLIGED to provide access for people with disabilities to public places. Public places are not only clinics and hospitals, but educational institutions, cinemas, museums, and even restaurants and nightclubs. OBLIGED TO PROVIDE. In other words, do not miss it, because "the stairs are too steep and someone has already fallen on it" DO NOT HAVE THE RIGHT. Steep means that they are obliged to make a flat one, or provide another, safe, way to get into the room. Arguments like "knock over the wheelchair, trample", etc., are also not valid. If a person's legs do not work (or are completely absent), this does not mean that he has problems with his head. Will a healthy person, but not able to swim, jump into a pool from a 7-meter platform? Probably not, a sense of self-preservation will not give. Likewise, a person in a wheelchair will not climb where there is a clear danger, he has the same sense of self-preservation. So, the refusal to provide services on the basis of the unfitness of the premises is a violation of the federal law of 1995 "On social protection of disabled people", and this is also a problem not for a disabled visitor, but for the club's administration.

And, as a dessert, you will receive a volley of heavy artillery - an article from the Criminal Code of the Russian Federation. So,

Article 238 of the Criminal Code of the Russian Federation. Release or sale of goods, performance of work or provision of services that do not meet safety requirements.

2. The same acts if they:

a) committed in relation to goods, works or services intended for children under the age of six;

b) entailed, by negligence, injury to the health of two or more persons;

c) entailed the death of a person by negligence, -

3. Deeds stipulated by the first or second part of this Article, and entailing by negligence the death of two or more persons, - are punished with imprisonment for a term of four to ten years.

And as a snack, I offer you comments on the situation when clubs, when concluding a contract, aggressively offer customers an insurance policy, namely, impose additional services.

Article 16 KLRO... Invalidity of the terms of the contract that infringe on the rights of the consumer.

There are also a number of legislative provisions that are most directly related to the activities of fitness clubs.

Article 1068 of the Civil Code of the Russian Federation... Liability of a legal entity or citizen for harm caused by its employee.

A legal entity or a citizen shall compensate for the harm caused by its employee in the performance of labor (official, official) duties.

Article 1084. Compensation for harm caused to the life or health of a citizen in the performance of contractual or other obligations.

The harm caused to the life or health of a citizen in the performance of contractual obligations, as well as in the performance of military service, police service and other relevant duties shall be compensated according to the rules provided for by this chapter, unless a higher amount of liability is provided for by law or agreement.

Article 1096 of the Civil Code of the Russian Federation. Persons responsible for harm caused as a result of defects in a product, work or service.

Damage caused as a result of defects in the goods is subject to compensation at the choice of the victim by the seller or manufacturer of the goods.

Damage caused as a result of defects in work or service is subject to compensation by the person who performed the work or rendered the service (performer).

Article 1099 of the Civil Code of the Russian Federation. General Provisions.

The grounds and amount of compensation for moral damage to a citizen are determined by the rules provided for by this Chapter and Article 151 of this Code.

Moral harm caused by actions (inaction) that violate the property rights of a citizen is subject to compensation in cases provided for by law.

Compensation for moral damage is carried out regardless of the property damage subject to compensation.

Article 1100 of the Civil Code of the Russian Federation... Grounds for compensation for moral damage.

Compensation for moral damage is carried out regardless of the fault of the tortfeasor in cases where:

harm is caused to the life or health of a citizen by a source of increased danger;

the harm was caused by the dissemination of information discrediting honor, dignity and business reputation;

in other cases provided by law.

So, dear friends, you are by no means powerless. Now find your agreement with your club stuck far away and read it. Do you recognize? This is not surprising, almost all contracts are written off from one sample. Few people want to think for themselves. And the lawyers of fitness clubs. As my personal experience of communication shows, they are generally incapable of mental activity, judging by the results thereof.

Number of impressions: 20,978

DB "Slavyansky", office. 217

Telephone: . Coordinator: Kazantseva Tatiana

118 Moskovsky tract st., Columbus shopping center, 3rd floor Athletic Gym

Telephone: . Coordinator: Danilova Irina.

Telephone: . Coordinator: Oksana Yezhova.