MEMBERSHIP CONTRACT
1.1 Personal details: Surname, first name, birthday, gender, sponsored by, legitimation card (in the case of minors, an additional parent/legal guardian)
1.2 Address: Street, number, zip code, city, country
1.3 Contact: Telephone, mobile, e-mail
1.4 Additional information: Health insurance, occupation
1.5 Contract duration, costs and payment method: 1 week, 6 months, 12 months, admission fee, respective subscription price, immediate payment, instalment payment
1.6 Contract termination: Contract start, contract extension or contract end
1.7 Contract extension: The member is aware of the automatic and tacit renewal of the present contract for a period which corresponds to that mentioned above/below and to the contribution conditions valid on the date of expiry of the contract, unless the member cancels directly via the site of our partner GymStudio. In the event of one of the cases provided for in section 2.9 below, the renewal takes effect on the basis of the bonus period. Off-Field reserves the right to renew the contract at the new usual price, excluding current promotions. Any offers are excluded from automatic renewal. In such cases, this will be explicitly stated when the contract is concluded.
1.8 TERMS AND CONDITIONS: THE CONTRACTUAL RELATIONSHIP BETWEEN THE PARTIES IS GOVERNED BY THE PRESENT CONTRACT, ITS GENERAL CONDITIONS AND THE INTERNAL REGULATIONS OF THE CENTERS, WHICH FORM AN INTEGRAL PART OF IT.
2 – CONDITIONS
2.1 – GENERAL CONDITIONS AND VALIDITY
2.1.1 This contract is entered into between one of the Off-Field Sàrl entities CHE-429.678.834 (membership center hereinafter « Off-Field ») and the present signatory (hereinafter « member »).
2.1.2 Each member undertakes to respect the other members, staff, employees and all other collaborators of the Off-Field centers or third parties associated with them.
2.1.3 The General Terms and Conditions and their validity may be amended at any time. Any changes to this contract or its general terms and conditions of sale will be announced on the Off-Field website or posted in the center operated by the company signing this contract. They will then be incorporated into the existing contract.
2.2 – MEMBERSHIP CONTRACT
2.2.1 Membership contracts are concluded electronically with a digital signature, via payment of an amount determined at the time the contract is concluded, as well as via the website with payment by credit card and/or another payment system, via our partner GymStudio. If the member has signed a membership contract of at least six weeks’ duration, he or she benefits from a money-back guarantee. This guarantee is subject to the following conditions: (1) the member must have taken part in a minimum of two Small Group or Private sessions per week, (2) the results obtained during the second test session (the 6th week) must be significantly worse than those obtained during the first test session (the 1st week). The guarantee is 100% of the amount of the six weeks he was engaged for.
2.2.2 Any changes to this contract and its general terms and conditions must be made in writing on the website or by notifying the center (see 2.1.3 for general terms and conditions).
2.2.3 The signing legal representative is jointly and severally liable with the minor member for the proper and faithful execution of the present contract. The same applies to guarantors.
2.2.4 The present contract is concluded on a personal basis, but may be definitively transferred to a third party once and for all, if the said third party agrees to take over the contract under the same conditions. Transfer by Off-Field remains reserved.
2.2.5 The member acknowledges that sending documents and information in electronic format is considered valid. The member undertakes to provide a valid and customary e-mail address and cell phone number.
2.2.6. Off-Field must be notified immediately of any change of address, telephone number or other information concerning the member.
2.3 – OFFER
2.3.1 By committing to a membership and signing a membership contract, Off-Field undertakes to provide the member with fitness facilities and rooms equipped for this purpose.
2.3.2 Prices include VAT and are quoted in CHF (Swiss francs).
2.3.3 Off-Field offers the use of its facilities during opening hours provided that the member is registered for a session. Off-Field does not offer free access to its centers. Center opening times may vary throughout the year. Schedule changes will be communicated. Off-Field reserves the right to change location, opening times and infrastructure (interior fittings, equipment).
2.3.4 Small Group coaching sessions are limited to a maximum number of participants and are subject to compulsory registration.
2.3.5 There is no entitlement to a refund due to a full Small Group session or a change in the Small Group session program.
2.3.6 With certain exceptions, the accumulation of offers, vouchers or discounts is not permitted.
2.3.7 Off-Field promotional offers in any form are valid for as long as the period offered does not extend beyond that stipulated in the contract, and for that period only.
2.4 – SCOPE OF SERVICES
2.4.1 The member declares that he/she has undergone a medical examination and registers with Off-Field with the approval of his/her doctor in order to use the full range of services provided by Off-Field.
2.4.2 The services, hours of access to the center(s) and offers listed separately depend on the type of contract concluded.
2.4.3 Certain centers, sessions or training areas may be completely excluded from the service on the basis of external criteria.
2.4.4 Off-Field reserves the right to modify the offer and prices at any time (see in particular 2.1.3).
2.5 – OPENING HOURS
2.5.1 Opening times are posted on the website. They may vary depending on the center concerned and the time of year. Opening hours are limited in some centers on public holidays or in the evenings. Some centers are closed on public holidays.
2.5.2 Off-Field reserves the right to close one or more centers temporarily, particularly in the event of overhaul or renovation, or to close a center permanently. The present contract will be adapted accordingly.
2.5.3 Any changes to the timetable do not entitle the customer to a refund of the subscription or to early termination of the subscription.
2.5.4 Schedules for Small Group and Private sessions are posted on our partner GymStudio’s website.
2.6 – ACCESS
2.6.1 Members have access to the centers only upon reservation for Small Group, Private, Workshop or other events.
2.6.2 Members must have a valid membership to have access to the centers and their services.
2.7 – PAYMENT AND METHOD OF PAYMENT
2.7.1 Payments must be made by the due date indicated on the invoice or on the GymStudio website at the time of purchase (annualized or monthly payments).
2.7.2 Unless otherwise specified, any discount must be justified before each renewal and/or 30 days after the renewal in order to benefit from it. Any promotional offers are excluded.
2.8 – LATE PAYMENT
2.8.1 If the member fails to pay invoices by the due date, a reminder will be issued. Charges may be applied from the first reminder.
2.8.2 If payment is overdue by more than 30 days, Off-Field reserves the right to demand immediate payment of all outstanding payments and, in the case of partial payments, the amount due for the entire remaining term of the contract. The debtor shall be liable for any costs incurred (Art. 106 of the Swiss Code of Obligations).
2.8.3 In the event of non-payment, Off-Field reserves the right to demand payment through a third party (collection agency). In this case, Off-Field is authorized to pass on the data and documents required by this third party to carry out its collection duties, in accordance with data protection legislation (see section 2.14). (www.fairpay.ch)
2.8.4 In the event of late payment, Off-Field reserves the right to block the member’s access to all Off-Field centers until the outstanding amount has been paid.
2.9 – PAUSE
2.9.1 Periods of absence (pregnancy, accident, illness, military service, temporary relocation) may be made up in full, subject to a medical certificate or supporting document. Supporting documents must include a start and end date for the absence; no indefinite absences will be accepted. The date of receipt of the supporting document is the only date taken into account when calculating absences to be recovered.
2.9.2 Long-term absences of at least 4 months (pregnancy, accident, illness, military service, temporary or permanent relocation) may give rise to early termination of the subscription, subject to supporting documentation (medical certificate, proof of residence at new address, etc.). If the actual duration of the subscription is shorter than that stipulated in the contract, the applicable price will be that of the subscription corresponding to the duration that effectively bound the parties.
2.9.3 Depending on the type of subscription taken out, each member may pause his or her subscription for a maximum of 24 days per membership year without giving any reason.
2.9.4 Each pause must be requested in advance. The minimum duration of a break is six days. Notice of departure and the period of absence concerned must be given at least 24 hours in advance. This announcement must be made by e-mail.
2.9.5 Each pause is only possible for the current year, and any balance cannot be accumulated for subsequent years, even if the subscription is renewed.
2.9.6 No absence will be credited during the cancellation period.
2.10 – LACK OF ATTENDANCE AT CENTERS
2.10.1 Failure to use the facilities does not entitle the member to a reduction or refund of payments or to early termination of the contract.
2.10.2 If use of the membership center facilities is prevented through no fault of the member for more than one month, Off-Field will grant compensation in the form of a free subscription period for the same duration as the prevention. The scheduled payment dates remain applicable.
2.10.3 Off-Field reserves the right to close its centers for 2 weeks per year. Any such closure does not entitle the customer to a refund or a postponement of the contract term.
2.11 – RESIGNATION
2.11.1 The membership contract is fixed for the contractual period specified therein. If the member does not terminate the contract at least 1 day before its expiry, via the dedicated GymStudio platform, the contract is automatically extended at the current rate for the same duration, and so on, for a new period of the same duration.
2.11.2 Off-Field reserves the right to terminate the contract at any time and without notice for just cause, such as the Member’s failure to comply with the contract and/or its general terms and conditions or the internal regulations applicable to each center, which must be known to the Member (in particular compliance with conditions of hygiene, minimum cleanliness and good manners). Off-Field will reimburse the balance of the subscription on a pro rata basis for the period concerned. Admission (membership) fees remain payable.
2.11.3 In the event of early termination, the member must reimburse the difference between the basic price of a non-committed membership and the price of his membership with commitment. The member must also pay an invoice corresponding to 20% of the assumed remaining amount of the subscription. No cancellation fees are payable.
2.12 – INTERNAL RULES
2.12.1 The house rules are published on the Off-Field website. Each center may also post its own rules and regulations on site. Members are reminded of their obligation to read them. The house rules are an integral part of this contract.
2.12.2 Off-Field 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 case.
2.13 – SPONSORSHIP
2.13.1. The various sponsorship benefits are only applicable if the sponsored party signs up for a minimum six-month subscription and does not request a refund after six weeks.
2.13.2 The Referred Friend must not be linked to Off-Field by a current subscription (including renewals).
2.13.3 The sponsor does not have to be linked to Off-Field by a subscription.
2.13.4 Referrals may be excluded from any promotional offers.
2.13.5 The referrer will receive CHF 500 for every referral who signs up for 12 months.
2.13.6 The sponsor will receive CHF 250.00 for every referral who commits to 6 months.
2.14 – DATA PROTECTION
2.14.1 By signing, the member expressly authorizes Off-Field to provide his/her personal data (name, address, telephone number, e-mail address, date of birth, etc.) for identity and solvency checks in the event of collection procedures undertaken by a mandated third party (see section 2.8.3).
2.14.2 Off-Field uses computer software to process member data that is stored outside Switzerland. Off-Field is authorized to pass on this data to third-party service providers for the purposes of analysis, service improvement and advertising (Google Analytics, Facebook, Pixel, etc.). Members may withdraw their consent at any time in writing.
2.15 – RESPONSIBILITY
For all damage, accidents and injuries sustained during training on Off-Field’s premises, this contract refers to the legal provisions on civil and criminal liability. Off-Field is not liable for minor negligence. Off-Field shall not be liable for any theft committed in the changing rooms or inside the premises.
2.16 – MISCELLANEOUS
2.16.1 In the event of invalidity and/or lapse of one or more clauses of this contract, it shall remain valid for the remainder.
2.16.2 Off-Field undertakes to provide, on request or via the member’s area, a certificate of subscription to be used with insurance companies in order for the member to benefit from any discounts and/or offers.
2.17 ACKNOWLEDGEMENT OF DEBT
This contract constitutes an acknowledgement of debt within the meaning of article 82 of the LP.
2.18 – FOR AND APPLICABLE LAW
In the event of a dispute, the place of jurisdiction is, at the member’s option, the location of the signatory company (membership center) or Gland. Swiss law is applicable.
For any questions or notices, please contact Us at:
Off-Field Sàrl CHE-429.678.834
Email: contact@off-field.ch
Last update: 23 March 2024