General Terms and Conditions
1 – MEMBERSHIP CONTRACT
1.1 Personal Data: Last name, first name, date of birth, gender, sponsored by, legitimation card (For minors, an additional parent/legal representative)
1.2 Address: Street, number, postal code, city, country
1.3 Contact: Phone, mobile, email
1.4 Additional Information: Health insurance, occupation
1.5 Contract Type: Light, Strong, Home, Corporate or Students/AVS
1.6 Contract Duration, Costs, and Payment Method: 1 month, 12 months, admission fee (CHF 10.-/badge), respective membership price, immediate payment, installment payment
1.7 Contract Duration, Costs, and Payment Method: 1 month, 12 months, admission fee, respective membership price, immediate payment, installment payment
1.8 Contract Renewal: The member wishes for the present contract to be automatically and tacitly renewed for a period corresponding to the one mentioned above/below and at the membership rates valid on the contract expiration date, unless written termination is sent by registered mail 15 days prior to expiration. Should one of the cases provided for under section 2.9 below apply, the renewal takes effect considering the bonus period. The member does not wish for the contract to be automatically and tacitly renewed. Its effects will therefore cease at the expiration of the period mentioned above. The member is made aware that should a new contract be concluded following the expiration of this one, Society Sport reserves the right to apply the membership price as of the new contract date, and not the price of the first contract concluded. The benefits acquired from the past contractual period(s) will be forfeited.
1.9 TERMS AND CONDITIONS: THE CONTRACTUAL RELATIONSHIP BINDING THE PARTIES IS GOVERNED BY THIS CONTRACT, ITS GENERAL TERMS AND CONDITIONS, AND THE INTERNAL REGULATIONS OF THE CENTERS, ALL OF WHICH FORM AN INTEGRAL PART HEREOF.
2 – CONDITIONS
2.1 – GENERAL TERMS AND VALIDITY
2.1.1 This contract is entered into between Society Sport SA and the signatory (hereinafter referred to as the "member").
2.1.2 Each member agrees to respect other members, staff, employees, and all other collaborators of Society Sport SA or related third parties.
2.1.3 Amendments to the General Terms and Conditions (GTC) and their validity are possible. Any potential modifications to this contract or its GTC will be communicated on the website and by posting notices in the center operated by the company signatory to this contract. They will subsequently be integrated into the existing contract.
2.2 – MEMBERSHIP CONTRACT
2.2.1 Contracts are concluded in electronic format with a digital signature, as well as via the website with bank card payment. A 7-day withdrawal period is granted to the signatory member from the date of signature, provided that the withdrawal is communicated by registered letter.
2.2.2 All modifications to this contract and its General Terms and Conditions must be made in writing (see 2.1.3 for the GTC).
2.2.3 The signing legal representative is jointly and severally liable for the minor member's proper and faithful execution of this contract. The same applies to guarantors.
2.2.4 This contract is concluded on a personal basis but may be permanently transferred to a third party, provided that the said third party accepts the contract takeover under the same conditions.
2.2.5 The member acknowledges that sending documents and information in electronic format is considered valid. The member agrees to provide a valid and commonly used email address and mobile phone number.
2.2.6 Any change of address, phone number, or other information concerning the member must be immediately reported to Society Sport SA.
2.3 – OFFER
2.3.1 By issuing the membership card or any other means of access to one or more centers, Society Sport SA undertakes to provide the member with fitness facilities and a gym equipped for that purpose.
2.3.2 Prices are understood to be inclusive of all taxes (TTC) and in CHF (Swiss Francs).
2.3.3 Access to group classes, the possibility of freezing the membership during holidays (30 days maximum), and extended access to the club or other services depend on the type of membership purchased. Additional services may be subscribed to based on current availability and offers.
2.3.4 Society Sport SA offers the use of its facilities during opening hours. Society Sport SA reserves the right to modify the location, opening hours, and change the facilities (interior fittings, equipment).
2.3.5 Group classes may be limited to a maximum number of participants.
2.3.6 No right to a refund is possible due to a fully booked group class or a change in the group class schedule.
2.3.7 Except in exceptional circumstances, the accumulation of offers, vouchers, or discounts is not permitted.
2.3.8 Promotional offers provided by Society Sport in the form of free months are valid only as long as the duration offered does not exceed that stipulated in the contract, and only for that specific period.
2.4 – SCOPE OF SERVICES
2.4.1 The member declares to have undergone a medical check-up and registers with Society Sport SA with the approval of their doctor, with a view to utilizing the entirety of the services provided by Society Sport SA.
2.4.2 The services, club access hours, and offers listed separately depend on the type of contract concluded.
2.4.3 Certain clubs or areas may be completely excluded from the service based on external criteria.
2.4.4 Society Sport SA reserves the right to modify the offer and prices at any time (see notably 2.1.3).
2.5 – OPENING HOURS
2.5.1 The club's opening hours are posted on site and published, notably via the website. They may differ depending on the centers concerned. Opening hours are limited during public holidays or in the evening.
2.5.2 Society Sport SA reserves the right to temporarily close a center, particularly in the event of revision or renovation, or to permanently close a club. The present contract will be adjusted accordingly, if applicable.
2.5.3 Any potential changes to opening hours do not entitle the member to a refund of the membership fee or to terminate the contract early.
2.5.4 The member is expressly made aware of their full and extended responsibility when frequenting a center during self-service hours (without staff present).
2.6 – ACCESS
2.6.1 The member receives a unique identification means (such as a badge/membership card) upon concluding a membership contract. This unique identification means allows the member to access the center(s) relevant to the type of contract concluded.
2.6.2 The member must be able to present their unique identification means at all times, especially when accessing the center. Their access is recorded at every entry.
2.6.3 In case of loss of the unique identification means, the member must report it to the center where they are registered and will be required to acquire a new unique identification means at their own expense, the price varying depending on the type of identification means concerned.
2.6.4 In the event of transferring their unique identification means to a third party, the contractually registered member may be excluded from access to Society Sport SA. Administrative fees may be charged. The membership fee remains due in its entirety for the full contractually agreed duration.
2.6.5 Concerning HOME memberships, access is authorized for a maximum of two people at a time. Proof of common residence must be provided. This is a named membership. Any fraud will be punished by exclusion for all members of the HOME membership, with an obligation to pay until the end of the contract.
2.7 – PAYMENT AND PAYMENT METHOD
2.7.1 Payments must be settled by the due date indicated on the invoice (global payment or monthly installments).
2.7.2 Any potential discount must be justified before each renewal in order to be applied. Certain promotional offers may be excluded from this.
2.7.3 In case of early termination, an administrative fee of CHF 80.- is due.
2.8 – LATE PAYMENT
2.8.1 If the member fails to pay their invoices by the set due date, a reminder will be issued. Fees may be applied starting from the first reminder.
2.8.2 In the event of a payment delay exceeding 30 days, Society Sport SA reserves the right to immediately demand all outstanding payments, and in the case of partial payments, the amount due for the entire remaining contract term. Associated costs will be charged to the debtor (Art. 106 CO).
2.8.3 In the event of payment default, Society Sport SA reserves the right to claim its due amount through a third party (collection agency). In this case, Society Sport SA is authorized to transmit the necessary data and documents to this third party to carry out its collection mandate, in accordance with data protection legislation (see section 2.14).
2.8.4 In case of late payment, Society Sport SA reserves the right to block the concerned member's access to the center until the amount due is settled.
2.9 – MEMBERSHIP FREEZE
2.9.1 Periods of absence (pregnancy, accident, illness, military service, temporary relocation) may be fully recovered upon presentation of a medical certificate or supporting documentation. Only the date of receipt of the supporting documentation will be considered for calculating the recoverable absence.
2.9.2 A long-term absence of at least 4 months (pregnancy, accident, illness, military service, temporary or definitive relocation more than 30km away) may lead to an early termination of the membership, provided supporting documentation is submitted (medical certificate, certificate of residence for the new place of domicile, etc.). An administrative fee of CHF 80.- will be due. If the effective duration of the membership is shorter than that stipulated in the contract, the applicable price will be that of the membership corresponding to the period that effectively bound the parties.
2.9.3 Depending on the type of membership purchased, each member may freeze their membership for a maximum of 30 days per membership year without providing a reason.
2.9.4 Each membership freeze must be requested in advance. The minimum duration of an interruption is one week. The notification of departure and the concerned period of absence must be made at least 24 hours in advance via email.
2.9.5 Any membership freeze is only possible for the current year, and any remaining balance cannot be carried over to subsequent years, even in the event of membership renewal.
2.9.6 No absence will be credited during the termination notice period.
2.10 – NON-USE OF CENTERS
2.10.1 The failure to use the facilities does not entitle the member to a reduction or refund of payments, nor to early termination of the contract.
2.10.2 If the use of the membership center's facilities is prevented for more than one month through no fault of the member, Society Sport SA will grant compensation in the form of a complimentary membership period for the same duration as the impediment. The scheduled payment deadlines remain applicable.
2.10.3 Society Sport SA reserves the right to close its centers or some of them for 2 weeks per year. This potential closure does not entitle the member to a refund or to a postponement of the contract term.
2.11 – CANCELLATION
2.11.1 The membership contract is set for the contractual period specified therein. If the member does not terminate the contract at least 15 days before its expiration by registered letter (postmark being the decisive date), it is automatically extended for the same duration, and so on, for a new period of the same length, provided that this renewal method was chosen at the conclusion of the contract (see section 1.8).
2.11.2 Society Sport SA reserves the right to terminate the contract at any time and without notice for just cause, such as the member's non-compliance with the contract and/or its General Terms and Conditions or the internal regulations applicable to each center, which the member must be aware of (notably respect for hygiene, minimal cleanliness, and proper conduct). Membership fees remain due until the end of the contract.
2.12 – INTERNAL REGULATIONS
2.12.1 The internal regulations are published on the website. The center may also post its own internal regulations on site. The member is reminded of their obligation to take note of them. The internal regulations form an integral part of this contract.
2.12.2 Society Sport SA reserves the right to modify the internal regulations and/or the specific internal regulations of each center at any time. No refund is due in this event.
2.13 – SPONSORSHIP (REFERRAL)
2.13.1 An additional membership duration of one month is offered to any member who enables the conclusion of a contract lasting at least 12 months with a new client (hereinafter referred to as the "referred person"), provided that the member is up-to-date with their payments.
2.13.2 The referred person must not be currently bound to Society Sport SA by an ongoing membership (including renewals).
2.13.3 The referred person must not have been bound to Society Sport SA by a membership for at least 3 months.
2.13.4 Sponsorship may be excluded from any promotional offers.
2.14 – DATA PROTECTION
2.14.1 By signing, the member expressly authorizes Society Sport SA to provide their personal data (name, address, phone number, email address, date of birth, etc.) for identity and solvency checks in the event of collection proceedings undertaken by a mandated third party (see section 2.8.3).
2.14.2 Society Sport SA uses computer software for processing member data, the storage of which is located outside of Switzerland. Society Sport SA is authorized to transmit this data to third-party providers for analysis, service improvement, and advertising purposes (Google Analytics, Facebook Pixel, etc.). The member may withdraw their consent in writing at any time.
2.14.3 The member's attention is expressly drawn to the fact that the training areas of the centers are monitored by cameras for security reasons.
2.14.4 The member's attention is expressly drawn to the fact that a photo may be taken upon each access to a center to verify their identity.
2.15 – LIABILITY
For all damages, accidents, and injuries sustained during training on the premises of Society Sport SA, this contract refers to the legal provisions regarding civil and criminal liability. Society Sport SA's liability is not engaged in cases of slight negligence. Society Sport SA is not liable for any thefts committed in the changing rooms and within the premises.
2.16 – MISCELLANEOUS
2.16.1 Should one or more clauses of this contract be invalid and/or void, the contract shall remain fully valid for the remainder.
2.16.2 Society Sport SA undertakes to provide a membership certificate that can be presented to insurance companies, allowing the member to benefit from potential discounts and/or offers.
2.16.3 The personal trainers operating within Society Sport SA centers practice as independent contractors and are therefore not its employees. For all damages, accidents, and injuries sustained during training provided by a personal trainer on the premises of Society Sport SA, this contract refers to the legal provisions concerning civil and criminal liability. Society Sport SA's liability cannot, in any case, be engaged in cases of slight negligence. The member's attention is expressly drawn to the fact that Society Sport SA makes the ability for a personal trainer to operate in its center conditional on affiliation with a Public Liability insurance (RC). Access to a personal trainer in the Society Sport SA centers is only granted to a member duly affiliated with Society Sport or upon agreement with Society Sport SA. Any contrary behavior constitutes just cause for the immediate termination of the contract.
2.17 ACKNOWLEDGMENT OF DEBT
This contract constitutes an acknowledgment of debt within the meaning of Article 82 of the Swiss Federal Debt Enforcement and Bankruptcy Act (LP).
2.18 – JURISDICTION AND APPLICABLE LAW
In the event of a dispute, the place of jurisdiction is located at the signatory company's location in Lonay. Swiss law is applicable.