Terms and Conditions
1. GENERAL
The following terms and conditions are applicable between the person who is named in the agreement and Brave Fitness Malmo AB (aka BFM for the remainder of the terms and conditions). These terms and conditions are an integral part of the Membership Agreement. In addition to the Membership Agreement, the member shall also be bound by specific terms and conditions that may, at any time, apply to other services and offers.
2. BFM MEMBERSHIP
2.1. BFM membership can be taken out by persons over the age of 18 who in the opinion of BFM, there is no obvious risk to the person’s health and/or injury. Does not have any outstanding debt associated with a previous BFM membership. Has not previously been banned from any BFM centers. Has not acted negligently in connection with a previous BFM membership. A person under the age of 18 may take out BFM membership with the agreement of their parent or guardian. The parent or guardian will be legally responsible for the membership and will be liable for all payments associated with membership.The Member will be issued with a BFM subscription via the Wondr app. Membership is valid from the date specified in the Wondr App. Prepaid memberships are not refundable. Membership is personal and may not be transferred or used by anyone other than the Member. Membership gives the member the right to use any BFM centre as specified in the Membership Agreement. The Member also has the right to take advantage of all available offers according to the applicable terms and conditions. Upgrading membership: Members can upgrade their membership at any time, in order to use multiple locations, concepts and additional services in accordance with BFM available offers. Upgrades are effective immediately. Downgrading membership: Members can downgrade their membership at any time, in order to access fewer locations, concepts or additional services. Downgrades take effect at the end of the following month. BFM cannot guarantee spaces will be available in training sessions etc., where numbers are limited. BFM will, as far as possible, adapt its offers and opening hours at fitness locations in line with member preferences. Fitness locations can sometimes be closed or open with reduced services in connection with public holidays, maintenance work. Standard company agreement Members who are registered via a standard company agreement are entitled to the discount rate in accordance with the specific agreement between BFM and the company of which the Member is an employee. The Member must document annually that the employment is still in effect. Members are obliged to notify BFM if they are no longer an employee of that company. If the standard company agreement terms and conditions no longer apply, the monthly membership fee will revert to the current standard price. Membership will then continue until the Member gives notice to terminate this.
3. MEMBERSHIP PAYMENT
3.1. Members pay a monthly fee and any other fees in accordance with BFM applicable prices. The same applies to the parent or guardian or other person with legal liability for the membership in accordance with the Membership Agreement. The monthly fee is payable at the time agreed on a rolling basis, and in exceptional cases on joining, where specific terms and conditions apply. The Member may not change payment method during the binding period. Members are liable for ensuring that membership fees are paid on time. When using an automatic payment service, the Member is liable for providing necessary and correct information. Member must at all times ensure that the payment is performed by the due date. If the member does not pay by the due date, regardless of payment method, a debt collection notice will be issued with a new due date. In the event of late payment, BFM has the right to claim costs and interest in accordance with the debt collection act, the interest act and other applicable legislation. If the Member has otherwise defaulted on payment and receives a payment reminder, debt collection notification or debt collection demand from an external debt collection agency, the payment details stated in the invoice from the external debt collection agency is to be used for payment.The Member shall have a price guarantee for their monthly membership fee during the binding period. BFM is not entitled to change the membership fee until the end of the binding period, unless the Member wishes to change their current membership. In cases where the Member has a special discount from BFM and the discount ceases to apply at a time when the Member is still subject to the binding period, BFM has the unilateral right to increase the monthly membership fee to the standard price. The Member are not required to pay a monthly membership fee if: Membership is frozen in accordance with chapter 7, BFM has terminated the Membership Agreement with immediate effect in accordance with clause 7, If the fitness location the Member usually uses is not available and if, in the opinion of BFM, no other fitness centre is suitable.
4. MEMBER RESPONSIBILITIES
4.1. The Member undertakes to:understand the BFM FAQ and Code of Conduct, which are available on our website. Not use any drugs or performance enhancing substances that are defined as prohibited by the World Anti-Doping Agency (WADA). BFM is entitled to perform random drug tests. Before any drug tests are performed, a member at the centre is asked for his/her approval for the test. The testing will be performed under the supervision of an approved third party and in accordance with the procedure described in a specific document that will be presented to the Member at the centre. Members shall notify BFM of any change of contact details/payment information, including change of name, address, email address, phone number, account number and any other relevant information. Such notification is to be given without undue delay. Inform BFM of any change of circumstances whereby the Member is no longer entitled to a specific discount scheme. Notification is to be given without undue delay. BFM has the right to ask the Member to show ID.
5. DATA PROTECTION AND COMMUNICATION
BFM will process personal data about the Member in connection with the membership. Information about how BFM process personal data about the Member and the Member’s data protection rights, is included in the standard privacy policy. For sending general information about the membership, we will primarily use the email or text message via information that the Member has provided to us.
6. RIGHT OF WITHDRAWAL FOR PURCHASE OF MEMBERSHIPS AND SERVICES
The Member has the right to terminate the agreement (right of withdrawal) by notifying BFM within two (2) weeks after entering into the agreement, in accordance with the rules on the right of withdrawal. The Member may exercise the right of withdrawal by using the withdrawal form received at the time of purchase or by using the contact form on our website.The Member consents to and acknowledges that he or she is responsible for reasonable costs if the Member has requested the commencement of the service and uses the right of withdrawal. The right of withdrawal ceases if the Member uses the service before the expiry of the withdrawal period and the agreement has been fulfilled by BFM. Any payment made will be refunded upon exercise of the right of withdrawal. The Member must be able to document that the withdrawal period has been exercised in accordance with applicable legislation at all times. Membership may be terminated at any time after the end of the binding period.The notice period is one (1) month, and termination will take effect at the end of the following month. The termination of a membership can be administered by a BFM admin only. Alternatively, the Member or the parent or guardian can give notice to BFM via e-mail, contact form via website, or phone, or in a BFM location in person. BFM will confirm, by email or text message, that notice to terminate has been received, within two (2) weeks of receipt of such notice. The Member must be able to document that notice to terminate has been given. In certain cases, the Member can apply to terminate membership even within the binding period. In which case, the Member must be able to document that specific unforeseen circumstances have arisen that were beyond their control. In addition, such specific circumstances must be the reason why the Member cannot use their membership. An application for termination must be submitted in writing via website form or email and sent to BFM without undue delay after the circumstances have arisen. BFM will process such an application within a reasonable time and no later than within three (3) weeks after receipt. If BFM and the Member jointly agree that continued exercise constitutes a significant risk of adverse effects in respect of the Member’s health, the Membership Agreement will be terminated. BFM may require a written statement from a healthcare provider confirming it accepts liability for stating the Member is able to train at BFM. In the event of termination, the Member will be refunded any pre-paid portion of the member fee. BFM has the right to amend membership fees, other fees and terms and conditions. When amending membership fees, BFM reserves the right to an annual price adjustment in respect of ongoing agreements based on the consumer price index, without prior notification. In the event of other price changes, BFM is to provide at least one (1) months’ notice in advance by email and or text message. The price change will take effect one (1) month after the notification has been sent, calculated from the first month of change. BFM reserves the right to transfer the Membership Agreement to another company, and to transfer any automatic payment details entered into in this regard. In the event of such changes, BFM will provide at least one (1) months’ notice in advance by email and or text message. The change will take effect one (1) month after notification has been sent, calculated from the first month of change. BFM reserves the right, without prior notification, to make changes to terms and conditions.In the event BFM makes substantial changes that negatively affect the Member, the Member has the right to terminate the Membership Agreement. This can be done even if the binding period for the Membership Agreement has not expired. BFM has the right to block membership for a certain period of time or terminate the Membership Agreement with immediate effect if the member is in material breach of the membership terms and conditions. A material breach includes: Failure to pay the monthly membership fee and other fees, despite a debt collection notice or other form of reminder. Breaches of Member obligations in accordance with chapter 4 which are not inconsiderable, including the Member failing to comply with a written or verbal warning from BFM.
7. PERSONAL INJURY, STORAGE AND LIABILITY IN THE EVENT OF THEFT
Training is always at the own risk of the Member. BFM accepts no liability for any injury the Member suffers in connection with their presence at a BFM locations. The corresponding limitation of liability applies to other training facilities and services/counselling under the auspices of BFM. When storing personal belongings at the locations, the Member is liable. BFM will maintain a secure location. If the Member leaves items in a BFM location after normal closing time, BFM has the right to attend to the Member´s l belongings and store the items. The Member must collect any such items within two weeks. BFM accepts no liability for the loss of such property, nor within the period named. BFM accept no liability for the theft or other loss of Member personal property that the Member brings to a BFM location. This shall apply regardless of whether the property is locked in a standard locker, a valuables locker or similar.
8. LIMITATION OF LIABILITY, GOVERNING LAW, DISPUTE AND JURISDICTION
BFM shall not be liable for obstructing or restricting circumstances that restrict BFM training facilities to the Member when the circumstances are beyond BFM control and BFM was not able to foresee or resolve the consequences of such circumstances. The Membership Agreement shall be subject to Swedish law. Disputes between the Member and BFM are to be resolved amicably. If agreement cannot be reached, the Member may report the matter to The National Board for Consumer Disputes (ARN), provided that the dispute falls within its jurisdiction. However, each party is always entitled to bring the dispute before a court of law. In the event of any conflict or inconsistency between the Membership Agreement, the latter shall prevail.