Offer agreement

According to article 437 Civil Code of the Russian Federation, this offer is addressed to any legally capable individual (hereinafter referred to as “Club Member”), and is the official offer of Fitness Pyramid LLC (hereinafter referred to as “Club”), represented by the Club Manager Golub A.V., acting on the basis of power of attorney No. 1 from 01.02.2020, conclude an agreement (hereinafter referred to as “Agreement”) on the following conditions and accepting the terms of this offer:

1. Subject of the Agreement

1.1. The Contractor undertakes, during the validity of the Agreement, in accordance with the Club Rules, to provide Services to the Club Member in accordance with the Tariff chosen by the Club Member, and the Club Member undertakes to accept and pay for these Services in accordance with the terms of the Agreement.

1.2. Designation, volume and types of Services, which depend on the type of Tariff, provided to the Club Member, are contained in the Price List.

1.3. The Club issues and transfers to the Club Member for temporary possession and use the Club Bracelet, confirming the right to use the Services in accordance with the selected Tariff.

1.4. Services, not provided for by the selected Tariff, are paid in accordance with the current Price List.

1.5. The parties came to an agreement, that payment of the cost of Services in the amount of, specified in this Offer, is complete, unconditional and irrevocable acceptance of this Offer.

2. Rights and obligations of the Parties

2.1. The performer is obliged:

2.1.1. Provide Services under the terms of the Agreement.

2.1.2. Ensure the functioning of equipment and inventory, intended for use by the Club Member in the selected Club.

2.1.3. Ensure proper access of the Club Member to the Club territory within the Club’s working hours.

2.1.4. Provide the Club Member with additional information, relating to the complex of sports, recreational and other paid services and the conditions for their purchase.

2.1.5. Promptly inform the Club Member about changes in the structure of services, provided under this offer agreement, and conditions for their provision. The specified notice is considered appropriate if published on the official website of the Contractor at the address piramida.club, as well as at the Club reception.

2.2. A Club member is obliged:

2.2.1. Accept and pay for Services under the terms of the Agreement.

2.2.2. When visiting, a Club Member is required to sign in with a Club Bracelet.. Ensure the safety of the Club Bracelet, do not lose or transfer the Club Bracelet to third parties. In case of failure to present (absence) Club Bracelet The Club has the right to refuse a Club Member to visit the Club.

2.2.3. Comply with the Club Rules and rules for visiting Club areas, being part of the Agreement and placed in a visually accessible place (information stand) in each of the zones or on the Club website. Compliance with the Club Rules by a Club Member is an essential condition of the Agreement.

2.2.4. View information, regarding the provision of Services, posted on information stands on the territory of the Club, as well as posted by the Club on the Internet at: piramida.club.

2.2.5. Immediately inform the Club in writing of any changes in personal data or circumstances, capable of affecting the fulfillment of mutual obligations under the Agreement, including, but not limited to, about the loss of the Club Bracelet.

2.2.6. Respect and maintain public order and generally accepted standards of behavior, behave respectfully towards other visitors, service personnel, prevent action, creating a danger to others.

2.2.7. Leave outerwear in the Club cloakroom (according to seasonality). Use removable shoes in the club premises, To go to the locker room in street shoes, use shoe covers (according to seasonality).

2.2.8. When visiting the Club, follow the Club Rules and Safety Techniques. By signing this Agreement, the Club Member confirms that he has familiarized himself with the specified Rules and Safety Instructions. The club is not responsible for any injuries, as well as damage to health, caused by the negligence of a Club Member, as well as the latter’s failure to comply with the Rules and Safety Techniques.

2.2.9. During classes, strictly follow the instructions of the trainer or instructor., follow the trainer's recommendations, instructor or the Club Administration about the duration and intensity of classes.

2.2.10. Take independent and responsible control of your own health and not jeopardize the health of others. In the presence of chronic, infectious, skin diseases, as well as diseases of internal organs, refrain from visiting the club.

2.2.11. Attend group classes as scheduled, individual - according to schedule, agreed with the instructor or trainer. If a Club Member is late by more than 15 minutes, the instructor or coach has the right not to allow him to participate in the lesson.

2.2.12. Do not consume food or alcoholic beverages, brought with them, on the club territory.

2.2.13. When visiting the club, be careful with your personal belongings, do not leave them unattended, do not trust them to other persons. For valuables, use safe deposit boxes at the Club reception. The Contractor is not responsible for the safety of the Club Member’s belongings, not deposited properly in safe deposit boxes.

2.2.14. Limit the presence of children (if the Club Member is the parent or legal representative of the child) under the age of 18 years in the gym, group program hall, functional training areas, game sports halls. The parent or legal representative is independently responsible for the child’s health in case of violation of this condition..

2.2.15. At least 1 (One) times 15 calendar days to track changes and additions to the Club Rules and the Public Offer Agreement.

2.3. Club member is prohibited:

2.3.1. Disturb other club visitors, disturb cleanliness and order.

2.3.2. Visit the club if the Club Member has signs of acute or chronic infectious and/or skin disease. Otherwise, the Contractor has the right to temporarily suspend the Club Member from visiting the Club until full recovery.

2.3.3. Provide instructions, give recommendations on activities to other Club visitors.

2.3.4. Drink alcoholic beverages on the territory and premises of the club, narcotic substances, smoke. In case of identification of persons, under the influence of alcohol and drugs, The performer has the right to take measures against these persons in the form of suspension from classes and withdrawal from the club.

2.3.5. Use by yourself, without special permission from the club staff, musical and other club equipment, as well as technology, brought with me.

2.3.6. Enter service and other technical premises, independently regulate any engineering and technical equipment without special permission from the club staff.

2.3.7. Bring older children with you 4 (four) years in the locker rooms, intended for the opposite sex.

2.3.8. Conduct any commercial activity on the territory of the Club, namely: sale of goods and services, including personal training, distribution of any advertising materials, sports nutrition, medical supplies, cosmetics, etc.. The Administration reports cases of distribution of drugs or prohibited medications and other drugs on the territory of the Club to law enforcement agencies in accordance with the current legislation of the Russian Federation.

2.4. A Club member has the right:

2.4.1. Use the Services in accordance with the terms of the Agreement.

2.4.2. For an additional fee, use Additional and Paid services of the Club.

2.4.3. Suspend the provision of Services (further in the text - freezing) in case, if freezing is provided for in the Agreement. The “Frozen” column displays the number of days of freezing., which the Club Member can use during the validity period of the Agreement. If a Club Member uses freezing, the provision of Services is suspended, and the validity of the Agreement is extended for the corresponding period of time.

2.4.4. Cancel or reschedule the booked Additional Service no later than, than for 12 (twelve) hours before the start of its provision, otherwise, the amount paid for Additional Services will not be refunded. Suspension by a Club Member of the validity period of the Club Card (Freezing) does not provide for automatic cancellation of pre-registration for the Additional Service.

2.5. The performer has the right:

2.5.1. Engage third parties to provide Services; Third parties may carry out business activities on the territory of the Club, who have concluded relevant sublease agreements with the Club or for the right to hold events, such services are not included in the subject of the contract, The Club does not bear any responsibility for the actions of such persons and/or in connection with their implementation of relevant business activities.

2.5.2. Unilaterally change the class schedule, Club opening hours. Information about upcoming changes is posted on information boards, reception, as well as the official website of the Club piramida.club

2.5.3. During events, not listed in the schedule, limit the area, intended for classes, of which the Club Member is notified at least one day before the said events by posting information on the official social networks of the Club, as well as in a publicly accessible place on the club’s territory.

2.5.4. In case of a single gross violation by a Club Member of the Club Rules, including implementation of actions, specified in clause. 2.3.1 – 2.3.8. The contract, expel the Club Member from the Club territory.

2.5.5. In case of repeated gross violation by a Club Member of the Club Rules, including implementation of actions, specified in clause. 2.3.1 – 2.3.8. The contract, unilaterally refuse to fulfill the Agreement.

3. Cost of services and payment procedure

3.1. The cost of services in accordance with the current price list is paid by the Club Member at the Contractor's cash desk in cash, non-cash via payment terminal, or in another way agreed with the Contractor, after which the offer agreement is considered concluded.

3.2. Payment for Services under the Agreement is made in a lump sum by making an advance payment in the amount of 100 % from the total cost of Services on the day of acceptance of the agreement to the Club’s cash desk or to its current account. Payment for club cards for younger Club Members 14 years is carried out only by a legal representative. Funds from minors under 14 years are not accepted by the Club administration.

3.3. By agreement of the parties, it is possible for the Club to provide installment payment for the Agreement.

3.4. The cost of the Services includes a one-time non-refundable fee in the amount of 30 % from the cost of Services.

4. Responsibility of the Parties

4.1 Club Member signing this Agreement, confirms, that you are familiar with the Rules, published on the Club website https://piramida.sshllss.website/rules/, and agree with them.

4.2. In order to avoid physical injury, the Club Member is obliged to comply with the rules for visiting all areas of the Club, reflected in the Club Rules and follow the recommendations of instructors, coaches and other Club employees.

4.3. The performer is not responsible for damage, damage caused to one’s health by a Club Member while on the Club’s territory, unless proven, that such damage was caused by the fault of the Contractor’s personnel, caused by his intentional actions.

4.4. The Contractor is not responsible for loss or damage to the property of the Club Member, not transferred to the Club for safekeeping.

4.5. The Contractor is not responsible for the safety of vehicles and other means, left in the parking areas of the building.

4.6. During the person's stay, not reached 18 years, in the Club, the parent or legal representative is responsible for life and health. The performer is responsible for the safety of the person, not reached 18 years, only during his stay in the children's playroom, at personal training or at another officially introduced additionally paid service.

Club member (authorized person) bears full responsibility for damage, damage caused by a child to the Contractor's property.

4.7. The performer is not responsible for the safety of the person, not reached 18 years, in the Club, including while the person is, not reached 18 years, in the children's playroom, at personal training or at another officially introduced additional paid service of the Club, in case:

- Providing false information about a person’s health status, not reached 18 years;

- Failure to follow the trainer's recommendations.

4.8. The parties are responsible for failure to fulfill or improper fulfillment of their obligations in accordance with the current legislation of the Russian Federation.

4.9. The Club is not responsible for failure to provide Services and/or inconveniences, related to urban (district) services of seasonal and/or preventive and/or repair and construction and/or emergency repair and restoration work and/or due to force majeure circumstances.

4.10. Partial or complete restriction of the provision of Services by the Club for technical reasons for a period of no more than 14 (Fourteen) calendar days within 6 (six) months does not give the Club Member the right to reduce or reimburse the cost of Services, at the same time, the Club Member has the right to use “freezing” for the period of limitation of the provision of Services.

5. Health status and injuries

5.1. By signing this Agreement, Club member approves, which has no medical contraindications, making it impossible to visit the Club and receive Services.

5.2. The parties agreed, that the Contractor is not responsible for possible deterioration in the health of the Club Member, if this occurred as a result of an acute illness, accident, exacerbation of a chronic disease. In all training and activities, held on the territory of the Club, participating in classes and training on the territory of the Club, The club member independently determines the level of physical activity in accordance with his individual capabilities.

6. Additional provisions

6.1. The parties agree, that the period for the commencement of the provision of Services begins from the date of activation of the Club Card, which occurs upon your first visit to the Club or on 61 (Sixty-first) day from the date of acceptance of this agreement by the Club Client, depending on, which of the following events will occur first.

6.2. The parties have the right to unilaterally, out of court, refuse to fulfill the Agreement.. The contract is considered terminated:

- on 7 (seventh) calendar day from the date of sending the Notice of termination of the Agreement to the Club Member by registered or valuable mail;

- on the date of delivery of the Notice of termination of the Agreement to the Club Member.

- from the date the Club Member submits an application for termination of the Agreement.

6.3. In case of early termination and/or termination of the Agreement, The Club returns to the Club Member the difference between the amount of funds, paid by the Club Member and the cost of Services for the period from the date of activation of the Club Card to the date of termination (termination) The contract, excluding gift months, based on the remaining period of provision of Services minus the non-refundable fee (clause 3.4). The deposit amount is returned minus the funds actually spent on additional services of the Club.

6.4. Violation of payment terms by a Club Member, more than 5 (Five) calendar days, is recognized as a refusal by the Club Member to fulfill the Agreement. Agreement, in this case, is considered terminated on 6 (Sixth) calendar day of delay in fulfilling the payment obligation without additional written documentation of termination of the Agreement.

6.5. The Club Member does not have the right to provide any services on the Club territory to other Members and/or Club visitors

7. Force majeure

7.1. The parties are released from liability for complete or partial failure to fulfill obligations under the Agreement in the event, if the failure to fulfill obligations was a consequence of force majeure, namely: fire, floods, earthquakes, strikes, wars, actions of government authorities or other circumstances beyond the control of the Parties.

7.2. Side, which cannot fulfill its obligations under the Agreement, must timely, but no later than three calendar days after the occurrence of force majeure circumstances, notify the other “Party” in writing, with the provision of supporting documents, issued by competent authorities.

8. Special conditions

8.1. On the inability to provide Services in whole or in part, The Club undertakes to inform the Club Member by posting relevant information at the reception (entrance doors) Club and/or on the Club’s official website on the Internet, for 1 (One) calendar day from the moment it becomes impossible to provide the Services provided for in this Agreement or from the moment, when the Club became aware, that the inability to provide Services in full will arise in the future.

8.2. Club member agrees to processing, storage and use of your personal data by the Club, as well as to receive advertising and/or information, as well as notification or advertising messages, not relating to the progress of execution of the Agreement in the form of SMS messages to the mobile phone number specified in this Agreement and/or messages to the email address. From the moment of sending to the specified email address, to the mobile operator number specified by the Club Member, corresponding message, notices and/or notifications, he is considered to have been notified of the progress of the execution of the Agreement or the provision of Services.

8.3. The parties have agreed and agree, that the Club identifies the Club Member using a photograph, made by a club employee. The Club has the right to identify a Club Member using a document, identity card, provided by the Club Member. The Club reserves the right to refuse entry to the Visitor, identification of whose identity from a photograph is impossible or difficult. The Club Member authorizes the use of his image and/or video image by inclusion in images and/or audiovisual works, created by the Club, which may be made public and/or used on the Site (including in online broadcasts of Clubs), in official groups (communities, etc.) social networks on the Internet, partners of the Clubs.

9. Acceptance of offer

9.1. The Club Member accepts the Offer acting voluntarily and without any coercion..

9.2. Club member confirms, that understands the content of the Offer, fully and unconditionally accepts all its terms and conditions without any exceptions and/or restrictions.

9.3. Acceptance of the Offer by the Club Member is carried out, including, by performing actions in aggregate: choosing a Club and type of Tariff, providing reliable personal data (Full name, date of birth, floor, contact phone number, registration address, document data, identification document), the paid advance for Services, in the amount and on the terms of the Agreement.

10. Details of the Contractor

Limited Liability Company "Fitness Pyramid"

117447 G. Moscow, Dmitry Ulyanov street, d. 31, died XXII, com. 7, meat 1

TIN 7727431958, checkpoint 772701001, OGRN 1197746635679

r/s 40702810147030000434 to the Bank "VTB" Moscow

short-form 30101810345250000745 BIK 044525745