Last updated: 1 January 2022
- Scope, Amendments to GTC, Payment Methods
- The General Terms and Conditions (GTC) govern the legal relationship between movemi AG, Thurgauerstrasse 32, 8050 Zurich and the Member. Where the company name movemi AG is used in the following, this applies both to the conclusion of a Membership Contract in the facilities of the FITNESSPARKS and well as ACTIV FITNESS.
- The Contract (Membership Contract) is personal and non-transferable.
- Individuals may conclude a membership from the age of 15 years provided that consent is granted from a legal guardian.
- The Member acknowledges that a photograph will be taken of him/her to allow visual inspection. The photograph is solely intended for visual inspection in movemi AG facilities.
- Membership Contracts concluded online are deemed legally concluded once movemi AG has received payment.
- ID documentation must be shown when acquiring a subscription. Official identification with a photograph, such as an identity card, driving licence or passport, is accepted.
- Obligation to Provide Information
The Member is obliged to inform movemi AG of any change to contract-relevant information (e.g. name, address, e-mail) within 14 days.
- movemi AG offers a range of subscriptions and services. The offering is based on the rate type paid. All other services offered by movemi AG in its facilities are not included in the Membership Contract. These particularly include personal training sessions, massages, food and drinks, sunbeds etc.
- The exchange or return of additionally paid services is excluded. If there is an incorrect delivery, movemi AG is to be notified within 3 working days of delivery by e-mail with the purchase confirmation attached.
- The cancellation of chargeable services is not possible within 48 hours (for massages; 24 hours) of the time of performance. Appointments for chargeable services that are postponed or missed without sufficient notice expire without replacement and will be billed.
- movemi AG grants the Member use of the available training facilities and training equipment of all facilities included according to the type of rate paid during regular opening hours for non-exclusive use. movemi AG expressly reserves the right to change the location, opening hours and equipment of the facilities. movemi AG offers various fitness classes with limited numbers of participants. movemi AG and each individual movemi gym expressly reserve the right to make changes to class schedules at any time. All other services offered by movemi AG, such as drinks, locks, towels or personal training sessions etc. are not included in the Membership Contract and are to be paid separately in advance.
- The services offered can change at any time and no entitlement to reimbursement or extension of the membership arises.
- Chip Bracelet as Proof of Membership
- The chip bracelet which serves as proof of membership and means of entry must be obtained by the Member upon payment of a one-off fee. The applicable conditions can be found in the latest price list. The handover to the Member usually takes place upon the first visit to the facility. Only one (1) chip bracelet can be obtained per Member. If lost, a new chip bracelet must be acquired.
- The chip bracelet must be presented without request upon entry and the following basic principle applies: no chip bracelet – no entry.
- Entry and exit times as well as the use of services not included in the membership are electronically recorded using the chip bracelet. The corresponding registered entries are binding. This data is available to the Member for the reimbursement of health insurance contributions and as receipts. Said data is automatically deleted one year after the contract is terminated.
- The chip bracelet is to be worn visibly in movemi AG facilities.
- The Member is liable for any damage or loss and he/she must acquire a new one.
- GTC, House Rules, Usage Regulations, Instructions
- The Member is obliged to comply with the GTC and follow the instructions from staff. The local house rules and any other usage regulations applicable at the facility visited apply respectively. These apply as an integral component of the Membership Contract.
- The member undertakes to comply with the current hygiene rules of the Federal Office of Public Health (BAG) and the instructions of the company personnel in the facilities. Visiting the facilities is prohibited for members with symptoms of illness, suspected infection with transmissible pathogens and/or an (officially or self-imposed) quarantine. The risk of infection cannot be fully excluded even through compliance with the hygiene rules. movemi AG excludes any liability in this regard.
- In the event of gross or repeated violations of the house rules and/or the instructions from staff, movemi AG is entitled to issue a ban on entering the premises, to terminate the Membership Contract with immediate effect, and to collect and declare as invalid the chip bracelet and/or membership ID. A refund claim on the part of the Member for his/her paid membership fee is excluded. In the event of a serious disruption to training operations by the Member, no prior warning is required.
- Members and third parties are prohibited from offering goods or performing services, either paid or unpaid, in the premises of movemi AG facilities without the explicit, written consent of movemi AG.
- Payment and Arrears
- The Membership fee is determined in accordance with the respectively applicable price overview (www.activfitness.ch/www.fitnesspark.ch). No entitlement to enter arises without payment having been received. The payment is independent of the actual use of the offer.
- Payment in advance: the membership fee with a one-off payment is to be paid by the Member upon conclusion or extension of the contract before the start of the contract period.
- Monthly payment: in the case of a Membership Contract with monthly membership fees, the membership fee must be paid before the start of each interval. Invoices are sent exclusively via e-mail.
- Should the Member fail to pay the remuneration owed on time, a warning shall be issued (the first payment reminder is free of charge, first warning CHF 5.00, second warning CHF 30.00). Upon the first warning, the Member enters into arrears and owes movemi AG interest on arrears of 5% as well as compensation for further damage caused by arrears and the total amount owed for the term of the contract becomes due. The warning fees from collection then total CHF 35.00 respectively. The processing fee for transfer to a payment collection service provider depends on the amount claimed in CHF: 30.00 (up to 100.00); 60.00 (up to 200.00; 90.00 (up to 300.00); 120.00 (up to 400.00); 150.00 (up to 500.00); 180.00 (up to 1,000.00); 280.00 (up to 2,000.00).CHF 280.00 (fino a CHF 2000.00).
- Following the first warning, movemi AG reserves the right to prohibit the Member from using the products and services in all facilities and to collect the chip bracelet until the pending monthly fees including accrued warning fees are settled. Furthermore, movemi AG reserves the right to terminate the contractual relationship due to payment arrears with immediate effect and to refrain from concluding any new membership contracts in future.
- Subscriptions of less than a year*: the membership fee is to be paid by the Member upon contract conclusion/extension before commencement of the respective contract term.
- One-off and multiple admittances are personal and non-transferable. A one-off admittance entitles the customer to enter the movemi AG facility on a single occasion. The one-off admittance begins upon the scanning of the chip bracelet and is deemed complete once the customer leaves the facility.
- The use of the offers of movemi AG, particularly use of the training facilities and equipment, and participation in classes, is at the Member’s own risk. movemi AG disclaims liability for any direct and indirect damage insofar as this is legally permissible. The Member is responsible for concluding an insurance policy.
- movemi AG does not accept liability for the loss of personal effects, valuables, money, clothes, membership IDs etc. All liability for items left at reception, in the changing rooms or Children’s area is also excluded.
- The member is liable for any damage caused to training facilities and equipment as well as for the loss of loaned items (value according to house rules) and must reimburse movemi AG for the repair and/or replacement costs in full as applicable.
- Operating and Closing Times
- The training facilities and equipment are available to the Member for non-exclusive use every day, with the exception of public holidays as well as during inspections, cleaning, renovation, etc. during the operating times indicated for the respective area.
- The locations, operating times and equipment of movemi AG’s facilities as well as classes on offer can change at any time.
- The temporary or permanent closure or partial closure of one or more areas is reserved at any time.
- There is no entitlement to reimbursement for the contributions paid in advance or to an extension of the contract period if the company suspends operations (as a result of auditing, maintenance or construction work, special events/occasions).
- In the event of a suspension of operations as a result of force majeure (e.g. fire, epidemics, pandemics, state restrictions, strike) and/or decrees or other actions by state authorities, there is no claim to reimbursement for fees paid in advance, nor for an extension to the contract term.
- Interruption of Contract and Rest Periods
- The non-use of movemi AG facilities or classes does not entitle the Member to a reduction or reimbursement of the membership fee.
- All members have the right to a contract interruption from a contract duration of at least 12 months under the conditions listed below.
- If there is a valid reason (illness, pregnancy, accident, military service, business stays/further education/internship abroad), membership can be interrupted for a period of at least 1 to a maximum of 9 months (rest period) but the Member is not entitled to such a claim as a matter of course. Application for a rest period must be submitted prior to the absence together with the corresponding confirmation/certificate.
- A retroactive rest period is only possible in the case of illness/accident. This must be applied for in the 1st month following the discontinuation of the proof of inability to perform sports training as attested by a doctor. Applications submitted at a later point in time will not be taken into consideration.
- For holidays of at least 1 to a maximum of 4 months, a one-off rest period is possible within the contract period upon presentation of the travel documents. The administrative fee for holiday rest periods totals CHF 50.00, or CHF 60.00 for Fit and Swiss Fit subscriptions. The holiday rest period application must be submitted prior to the absence.
- The monthly fees for contracts with monthly fee payments must continue to be paid during the rest period.
- The time credit is fully offset against the existing contract period. A cash refund is excluded.
- If it is determined or suspected that there has been an abusive interruption of the contract, movemi AG reserves the right to rescind the Membership Contract without notice and without reimbursement of the membership fee.
- Should the Member enter the facilities during the contract interruption, the contract interruption shall be terminated immediately and irrevocably. Retroactive rest periods can only be taken into consideration for time periods in which the Member has not been admitted to the facilities of movemi AG.
- Duration and Termination
- The contract term is based on the contract and comes into force upon the conclusion of the same by the Member.
- Payment in advance: the Membership Contract with one-off payment automatically terminates without explicit termination after the term of the contract. Before the end of the contract period, the member will receive an offer to renew the contract by e-mail. Upon renewed payment of the membership fee, the Membership Contract renews for the selected contract term in accordance with the latest price overview (www.activfitness.ch/www.fitnesspark.ch) including the GTC.
- Monthly fee: the Membership Contract with monthly payment of fees automatically extends for the same contract term. The Membership Contract can be terminated in writing by letter/e-mail by providing notice of 2 months to the end of the contract term. movemi AG shall notify the Member 3 months prior to the end of the contract term in writing by letter/e-mail with respect to the notice period as well as the automatic contract extension in accordance with the latest price overview (www.activfitness.ch/www.fitnesspark.ch) including GTC. Any interruptions to the contract or rest periods submitted after the notice period has expired do not retrospectively affect the notice period.
- Subscriptions of less than a year*: the Membership Contract expires automatically after the contract term has expired. Withdrawal from the contract is expressly excluded.
- After the contract term has expired, any remaining credit on the chip bracelet will be refunded at the Member’s request during the period of one year from the end of the contract. The credit expires after one year has passed.
- Withdrawal from the contract can only be granted in cases of hardship such as long-term illness, accidents or a definitive change of domicile from the training area of movemi AG (>30 kilometres) but the Member is not entitled to such a claim as a matter of course. The Membership Contract must be submitted together with a written application and the necessary confirmations such as doctor’s note, employer confirmation, proof of residents’ registration etc. to ACTIV FITNESS/FITNESSPARK.
In the case of a Membership Contract of 12 months: Until the 6th month, the Member is entitled to reimbursement/release of a portion of the actually paid membership fee (*) whereafter membership is considered written off.
– In the 1st month: reimbursement = 50% of the contract price*
– In the 2nd month: reimbursement = 40%*
– In the 3rd month: reimbursement = 30%*
– In the 4th month: reimbursement = 25%*
– In the 5th month: reimbursement = 15%*
– In the 6th month: reimbursement = 10%*
– From the 7th month: no reimbursement
In the case of a Membership Contract of 24 months: Until the 12th month, the Member is entitled to reimbursement/release of a portion of the actually paid membership fee (*) whereafter membership is considered written off.
– In the 1st and 2nd month: reimbursement = 50% of the contract price*
– In the 3rd and 4th month: reimbursement = 40%*
– In the 5th and 6th month: reimbursement = 30%*
– In the 7th and 8th month: reimbursement = 25%*
– In the 9th and 10th month: reimbursement = 15%*
– In the 11th and 12th month: reimbursement = 10%*
– From the 13th month: no reimbursement
*based on a due overall price minus CHF 30.00 for administrative expenses.
The Member acknowledges and consents to certain areas of the facilities of movemi AG being monitored with cameras for ensuring qualitop certification as well as protective and security reasons. Changing rooms and sanitary facilities are not monitored by cameras.
- Data Protection
- Applicable law and jurisdiction
These GTC as well as the membership contracts concluded under them are exclusively subject to material Swiss law, to the complete exclusion of the conflict of laws rules of international private law and the Vienna Convention of the United Nations on contracts for the international sale of goods dated 11 April 1980. The exclusive place of jurisdiction for all disputes arising from or in connection with these terms and conditions as well as the membership contracts is Zurich, Switzerland.
*Subscriptions of less than a year particularly refer to 1-month subscriptions, summer subscriptions and other subscriptions with a duration of less than 12 months.