SMARTASS Online Services and User Account Regulations

1. KEY INFORMATION

1.1. These Regulations define the rules for free use by physical Users of the Website and the Mobile Application called SMARTASS.

1.2. The owner of the Website (defined below), with the right to possess its resources, is Limited liability company SMARTASS with headquarters in Warsaw at the address str. Gzybovska 43A / 00-855 Warsaw, entered in the register of entrepreneurs of the National Register of Court Registers maintained by the District Court of the City of Warsaw in Warsaw, 13th commercial department of the National Court Register, under the KRS number: 0001036070, REGON: 525306356, NIP: 5273056344 (hereinafter – "SMARTASS" or "Company").

1.3. Communication with SMARTASS is held using:

1.3.1. e-mail: [email protected];

1.3.2. phone: +48 574 446 576;

1.3.3. postal address: str. Gzybovska 43A / 00-855 Warsaw;

1.3.4. through social networks Facebook, Instagram, YouTube, Telegram using the links available on Website https://smartass.club/pl/warsaw.

1.4. These Regulations are permanently available on the Website tab and in the Mobile Application so that the User can obtain, reproduce and secure its content by printing or saving at any time on a permanent data medium.

 

2. DEFINITIONS

2.1. Mobile Application - a mobile application called "SMARTASS" is intended for installation on a mobile device with Android or iOS operating system, provided by Limited liability company SMARTASS with headquarters in Kyiv, str. Zhylyanska, 41A. The Mobile Application is used according to the terms described in the Terms of Use available in the Mobile Application. It allows the User to conclude fitness services agreements and Account maintenance agreements with SMARTASS according to the details described in these Regulations.

2.2. Account - the account of the registered User. After registering in any of Online Services (the Website and/or in the Mobile Application), the User gets access to all the functionalities available within the Account for Users of the Website and/or in the Mobile Application.

2.3. Online Services – the Mobile Application and the Website

2.4. SMARTASS-Warsaw or the Club - the fitness club headquartered in Warsaw, owned by the Company.

2.5. Regulations - these Regulations.

2.6. Club Regulations - Regulations for visiting SMARTASS sports club, available at https://smartass.club/en/warsaw Even if there is no direct reference to the Club Regulations in these Regulations, the provisions of the Club Regulations are fully applied to those Users who are directly present in the Club.

2.7. Website - the Internet Website maintained by SMARTASS at the address https://smartass.club/en/warsaw.

2.8. Services - services provided by SMARTASS in the Club to the Users, defined in detail in point 3.1. of these Regulations.

2.9. User - any natural person who visits the Website, downloads and uses the Mobile Application, or uses one or more Services or functions described in these Regulations.

2.10. Privacy Policy - principles of personal data processing within the Website, available in the "Privacy Policy" section, a link to which is indicated in the Website tab and in the Mobile Application.

 

3. SERVICES PROVIDED BY SMARTASS

3.1. The subject of these Regulations is to determine the rules for providing SMARTASS electronic services to Users of the following services:

3.1.1. access to the Website contents;

3.1.2. Account maintaining;

3.1.3. concluding arrangements on the fitness services provision and other services described in the Club Regulations;

3.1.4. newsletters;

3.1.5. use of other functions that may be provided by SMARTASS through the Website or the Mobile Application;

3.1.6. access to the Mobile Application contents.

 

4. USE OF ONLINE SERVICES

4.1. Each of the Online Services has an informational nature and is intended for the presentation of SMARTASS offers, contact and address information, as well as the provision of services and materials, in particular materials related to the services provided by SMARTASS. It is also possible to conclud arrangements between SMARTASS and Users through the Mobile Application, in particular arrangements on the fitness services provision.

4.2. The agreement on the provision of the Website access service is concluded within the conditions specified in the Regulations for an indefinite period from the moment the User successfully calls the URL of the Website in the browser window of one’s device or the User uses a redirection leading to the Website (i.e. from the moment of entering the Website); in this case, the agreement on providing access to the Website is terminated from the moment the User leaves the Website.

4.3. The agreement on the provision of access to the contents of the Mobile Application is concluded on the terms defined in the Regulations for an indefinite period from the moment of successful downloading and installation of theMobile Application on the User's mobile device; in this case, the agreement on the provision of access to the contents of the Mobile Application is terminated from the moment the Mobile Application is removed from the User's mobile device.

4.4. The use of the Website is possible provided that the telecommunication system used by the User meets the following technical requirements:

4.4.1. an Internet-connected device with a web browser that supports HTML5 and PDF format installed and ready to use;

4.4.2. Cookies and JavaScript are enabled in the web browser.

4.5. The use of the Mobile Application is possible provided that the telecommunication system used by the User meets the following technical requirements:

4.5.1. an Internet-connected device with iOS 16 or Android 6.0 installed and ready to run.

4.6. The recommended screen resolution for viewing the Website is 1920 pixels.

4.7. No fees are charged for using Online Services.

4.8. The User is obliged to use Online Services following the law and rules of integrity, taking into account personal rights and intellectual property rights, in particular copyrights owned by SMARTASS or third parties.

4.9. The User has the right to use Online Services exclusively for one’s own personal use. This means, in particular, that with regard to data and any other materials contained on the resources of Online Services, both those subject to copyright protection and those not subject to such protection, the use of these materials by the User for carrying out commercial activity is not allowed.

4.10. The User is obliged to refrain from any actions that may affect the proper functioning of Online Services. In particular, any interference with the content of any materials posted on the Website pages or in the Mobile Application is prohibited.

4.11. It is forbidden for the User to send content of an illegal nature through Online Services, regardless of whether the possibility is provided in the list of functions of the corresponding Online Service. When using the forms available in Online Services, the User has to provide true and correct data.

4.12. Online Services can not in any case be interpreted as those providing Users with any professional sports advice, encouraging them to do sports or informing Users in any way about their health, as well as carrying out any other activity for any other purpose, which is not directly specified by these Regulations.

4.13. There are some types of prohibited use of Online Services, including those that are not always used by Users:

    • Act dishonestly or unprofessionally by engaging in unprofessional conduct or posting inappropriate, inaccurate or unwanted information and/or content on Online Services;
    • Copy, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand or otherwise transfer information found in Online Services;
    • Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code of any underlying intellectual property used in connection with Online Services;
    • Create a User profile for anyone other than oneself or otherwise use or attempt to use another User's account without our permission;
    • Use the information and/or content you view and/or receive from Online Services to provide any services that are competitive with Online Services or our SMARTASS business;
    • Imply or state, directly or indirectly, that the User is affiliated with SMARTASS or in any way receives support or public recognition from SMARTASS;
    • Adapt, modify or create derivative works based on Online Services or the technology underlying Online Services or any of their components;
    • Rent, lease, lend, exchange or sell/resell access to Online Services or any information contained therein.

 

5. ACCOUNT

5.1. Within the User's Account, SMARTASS through the Website provides the User with access to the following services and functionalities:

  • access to the Account and its maintenance;
  • providing the User the access to the history of purchases, bookings and conducted trainings;
  • the option of concluding a fitness services provision agreement;
  • the option of booking a place in trainings;
  • the option to pre-order a meal or a drink in the cafe on the territory of Smartass.

5.2. Within the User's Account, SMARTASS through the Mobile Application provides the User with access to the following services and functionalities:

  • access to the Account and its maintenance;
  • providing the User the access to the history of purchases, bookings and conducted trainings;
  • the option of concluding a fitness services provision agreement;
  • the option of booking a place in trainings;
  • the option to leave a feedback about the training and tips for the trainer;
  • the option to subscribe to friends and track which trainings they attend;
  • the option to gift the first free training or pay for any training package to a contact from the contact book or by phone number;
  • the option to hide the profile so that other Club visitors cannot track your activity;
  • the option to pre-order a meal or a drink in the cafe on the territory of SMARTASS.

5.3. Account maintenance service is available after registration. Registration is done by completing and accepting the registration form provided on the Website or the Mobile Application. The agreement on the Account maintenance service provision is concluded from the moment the User successfully sends the correctly filled registration form to SMARTASS and completes the registration. Correct filling of the registration form includes correct filling of all fields indicated as mandatory, up-to-date data, acceptance of these Regulations and expression of the necessary consents. The agreement is concluded for an indefinite period and is terminated at the User's request to delete theAccount or use the "Delete Account" button. Account maintenance service is provided free of charge.

5.4. The User has the right to withdraw the agreement on Account maintaining  without specifying the reasons within 14 days from the date of its conclusion, i.e. from the moment specified in point 5.2. of these Regulations. The relevant provisions of 11.1-11.6 are applied.

5.5. Before registering the Account on the Website or the Mobile Application, the User has to read the contents of these Regulations and Privacy Policy.

5.6. In case the User violates the provisions of these Regulations, SMARTASS may refuse Account maintenance service after a previous unsuccessful call to stop or remove the violations, with the provision of an appropriate term, keeping the 14-day period of refusal.

5.7. Refusal of the agreement to provide the Account maintenance service is sent to the User by e-mail address specified by the User in the Account.

5.8. SMARTASS is not responsible for the consequences of the User's provision of the Account login information to third parties

 

6. AGREEMENTS ON THE FITNESS SERVICES PROVISION


6.1. Agreements on the fitness services provision within the Website or the Mobile Application can beconcluded 24 hours a day, 7 days a week, throughout the year, excluding technical and maintenance breaks


6.2. To conclude a fitness services provision agreement, the User has to:


6.2.1. In the Account, fill in the details of the bank card from which payments will be made in future;

6.2.2. choose the package, subscription or separate training of interest to the User, agree to these Regulations and Club Regulations by ticking the appropriate box, and click the "Buy" button, which is the equivalent of concluding a fitness services provision agreement between the User and SMARTASS under the conditions defined by these Regulations and Club Regulations, according to the selected package, subscription or separate training.


6.3. After the User clicks on the button referred to in point 6.2.2 above and the cost of the package, subscription or separate training is debited from one’s card, the corresponding package, subscription or separate training will be credited to the User's balance within Online Services. 


6.4. After receiving the payment from the User, SMARTASS immediately sends the User the confirmation of the agreement conclusion in the form of an e-mail (to the e-mail address specified by the User when making a purchase).


6.5. The sales agreement, the text of which complies with the terms of these Regulations, is concluded in Polish.


6.6. The prices of season tickets, subscriptions, separate trainings and other Services and Service Packages are indicated in Polish zlotys and include all components, in particular: VAT and other possible fees that may be applied for this type of business operations, following the legislation of the Republic of Poland.


6.7. The User can pay using electronic payment card or electronic transfer. The execution of the purchase startsafter SMARTASS sends the confirmation of the purchase to the User and receives information from the payment system about the User’s payment.


6.8. If the User purchases a subscription, its cost is charged once for the entire validity period using the payment method chosen by the User. Automatic debiting does not occur in future. Information about available payment methods is available at https://smartass.club/warsaw.


6.9. The chosen payment method referred to in point 6.8 above can be changed or updated within the Account at any time by choosing among the available payment methods. 


6.10. The User can cancel a certain subscription at any time, and access to the purchased Service is provided until the end of the billing period. Payments are non-refundable - SMARTASS does not refund non-use of fully purchased Services. Сancellation can be done using the appropriate functionality available within the Account. In case of a cancellation made no later than the penultimate day of a long billing period, a new billing period will not start.

 

7. RESERVATIONS


7.1. After entering the Account and concluding the fitness services provision agreement, the User can:

7.1.1. make a reservation for the trainings of one’s choice, indicated in the schedule provided on the Website or theMobile Application;

7.1.2. pre-order a meal or a drink in the cafe on the territory of SMARTASS using the Website or the Mobile Application.


7.2. To make a reservation, the User has to select the trainings, time or training equipment of interest from those available on the Website or the Mobile Application, and then proceed according to the instructions provided on the Website or the Mobile Application.


7.3. The rules for making, not using and canceling reservations for receiving Services are following:

  • Training registration can be canceled at any time on the Website or the Mobile Application, or by calling the Club reception.
  • Training is always returned to the User's balance within Online Services, except in the following cases:

1) In case of cancellation of a training less than 6 hours before its start;

2) In case of cancellation of morning training after 22:00 of the previous day (even if it is more than 6 hours before its start);

3) If the User was signed up for the training and did not attend it without canceling the registration;

4) In case of being late for training. 

 

8. OTHER FUNCTIONS

8.1. The Website contains redirects to information and services provided through other websites, including redirects to official SMARTASS social media profiles (Instagram and Facebook).

8.2. In the case described in point 8.1 above, the rules or other documents defined by third parties that provide a specific service or provide a specific Website are applied, and SMARTASS is not a party to the agreements on the provision of services by electronic means concluded between the User and this third party side. Liability for services provided to Users by third parties is determined by the relevant agreements concluded by the User with these third parties

8.3. Within the Mobile Application, SMARTASS provides Users with the "News" section, which contains informative and indicative materials related to the current activities of the Club, including materials related to the Services provided by SMARTASS. The content of this section is free and available to all Users.

 

9. MAILING SERVICE

9.1. SMARTASS provides selected Users with free of charge mailing service, which consists of sending ordered information, offers and other materials of a commercial and marketing nature.

9.2. The the mailing service provision agreement is concluded on the terms specified in these Regulations for an indefinite period from the moment of registration for the mailing, following point 9.4 below.

9.3. The mailing service provision agreement is terminated from the moment SMARTASS receives a notification from the User about the will to refuse receiving the direct mails or from the moment the User withdraws one’s consent to receive materials of a commercial and marketing nature. At the same time, the User admits that after refusing to receive direct mails, the User may miss important messages from SMARTASS, including those concerning the User, and therefore, in case of such refusing, the User assumes the risks and responsibility for the impossibility of delivering the relevant information to the User.

9.4. As part of the mailing service, SMARTASS obligates to send the registered User direct mails to the e-mail address specified in the form. SMARTASS personally determines the regularity, time, content, and design of such mailing, taking into account the requirements of the legislation applicable to SMARTASS. The mails may haveinformational, reference, and marketing content.

9.5. The User is obliged to provide true and correct data within the limits of the form, in particular those necessary for the provision of the Service.

 

10. HANDLING COMPLAINTS

10.1. In case of remarks regarding the operation of the Website, Mobile Application, Account and their functionality, as well as purchased season tickets, subscriptions, separate trainings or packages, as well as in case of violations of intellectual property rights detected by the User in Online Services, the User may submit a complaint, by sending a letter to the specified e-mail address following point 1.3.1 above, noting the relevant complaint in the subject of the letter.

10.2. Complaints are considered immediately, no later than within 14 calendar days from the date of submission of the complaint. The complainant receives a response in the form of an e-mail sent to the e-mail address from which the complaint was sent.

10.3. Complaints are considered on the basis of the provisions of these Regulations, the Club Regulations and the relevant norms of the current law of Poland, which are applied to the relevant type of legal relationship.

 

11. AGREEMENT WITHDRAWAL

11.1. The User has the right to withdraw any agreement concluded through the Website, the fitness servicesprovision agreement and the provision of services related to the maintenance of the Account agreement, without specifying any reason. The period for withdrawal expires 14 (fourteen) days from the date of the conclusion of this agreement.

11.2. In order to use the right of withdrawal, the User has to notify SMARTASS of such a decision in an unequivocal statement (for example, by sending a letter or e-mail with mandatory identification of oneself in the statement and providing copies of supporting documents). In case of withdrawal, the agreement is considered not concluded. In case of an electronic withdrawal (e.g. e-mail), SMARTASS will immediately confirm receipt of such withdrawal on a durable medium. The User can use the agreement withdrawal sample form in Appendix No. 1 to these Regulations, but this is not mandatory. To save the deadline for withdrawing the agreement, it is enough to send an application before the end of the deadline specified in point 11.1.

11.3. If the User withdraws the agreement on the fitness services provision within the 14-day period, the User will be charged for the use of the services during the period preceding the withdrawal, in proportion to the volume or period of use of the services, depending on the purchased type of season tickets, subscriptions, trainings or packages. The use of the services also includes training’s booking, which is not canceled on time, according to points 9.3-9.5 of SMARTASS Regulations. This fee will be deducted by SMARTASS from the costs to be refunded to the User.

11.4. The right to withdraw an agreement concluded at a distance is not granted to the User who is a Consumer in the cases specified in Article 38 of the "On Consumer Rights" Law of 2014, May 30, in particular regarding services provision agreements, if SMARTASS has fully provided the Service with the expressed consent of the User, who was informed before the start of such provision that after provision of the relevant Service, SMARTASS will lose the right to withdraw the agreement. If the reservations of trainings were not canceled within the terms stipulated by these Regulations, then the corresponding uncancelled Services are considered provided in full and properly.

11.5. In case of agreement withdrawal, it is considered not concluded.

11.6. SMARTASS refunds the deposited costs to the person, who has effectively withdrawn the agreement, within 14 days.  

Any reimbursement payments are made in the same manner (using the same payment method) and to the same payment details from which the payment for reimbursement was made, if the corresponding claim or request does not contain other payment details with a strict indication of using these new details for reimbursement payments.

Therefore, by requesting reimbursement from us, you have the option to choose how you want to receive reimbursement from us. This could be a transfer to your bank account (you need to provide us with your account details), payment to the card you made the payment from, or receiving cash at the cashier of the sports club where you paid for training.

If any of the listed reimbursement methods are not suitable for you, please contact any of our clubs directly to resolve this issue.

 

12. DISPUTES RESOLVING

12.1. According to the Regulation of the European Parliament and the Council (EC) No. 524/2013 of 2013, May 21, on the Internet Platform for the Resolution of Disputes between Consumers and Entrepreneurs and Amendments to Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on ODR in Consumer Disputes), SMARTASS announces that the ODR online platform is available at: https://ec.europa.eu/consumers/odr for the out-of-court resolution of disputes between consumers residing in the European Union and entrepreneurs who are located in the European Union and want to use out-of-court means of resolving disputes regarding obligations arising from agreements for the sale of goods or agreements for the provision of services via the Internet.

12.2. SMARTASS informs that, if this obligation does not follow from unconditionally valid legal norms, SMARTASS does not use extrajudicial means of settlement of claims (out-of-court disputes resolution). Besides, SMARTASS is not obligated to use the ODR platform specified in point 12.1 above.

12.3. In case of a dispute with SMARTASS, the User may apply to the city or district deputy head of consumer protection or consumer organizations such as the Consumer Federation, the Polish Consumer Association and the European Consumer Center for help and advice. More information can be found on the websites of these organizations.

 
13. PERSONAL DATA PROCESSING

13.1. Users' personal data is processed on the basis described in the Privacy Policy, available in the "Privacy Policy" section, the link to which is provided at the bottom of the Website and in the Mobile Application.

 

14. CHANGES IN THE REGULATIONS

14.1. SMARTASS, for justified reasons, has the right to unilaterally change these Regulations to the extent that was not individually agreed with the User. The occurrence of one of the following circumstances is considered a justified reason:

14.1.1. changes to generally recognized laws on the territory of the Republic of Poland to the extent that such a change requires modification of the content of these Regulations or imposes on SMARTASS the obligation of a certain modification of this content;

14.1.2. issuance by state administration bodies, in particular the President, the Government of the Republic of Poland, competition and consumer protection bodies, of decisions, recommendations, instructions, obligations or acts of a similar nature to the extent that the above-mentioned administrative acts modify the content of theseRegulations or impose on SMARTASS the obligation of certain modifications of this content;

14.1.3. introduction of new functionality or services within the Website or the Account or modification of their current scope - in this case, changes in the content of these Regulations are permissible to the extent that they relate to such new functionality or services;

14.1.4. implementation of new or modification of existing SMARTASS information systems - in this case, changes to the content of these Regulations are allowed to the extent that is objectively necessary and directly related to the implementation or modification of the above-mentioned information systems;

14.1.5. occurrence of judicial or administrative practice, from which it follows that the terms of the agreement, similar to those used by SMARTASS, may contradict the legislation, in particular the legislation on consumer protection - in this case, a change in the content of the agreement will be permissible if, after a comprehensive study of the circumstances of the case, it is possible to objectively recognize that from the point of view of the average SMARTASS customer, the proposed change is to the benefit of such a customer;

14.1.6. These Regulations require addition, clarification or modification due to generally recognized legal norms on the territory of the Republic of Poland or due to the desire to ensure better clarity of its provisions for Users - in this case, changes to the content of these Regulations are allowed to the extent that allows adapting these Regulationsto legislative norms or ensuring better clarity of its provisions.

14.2. SMARTASS informs the User by publishing on the Website and in the Mobile Application at least about:

14.2.1. the content of the planned changes of the Regulations;

14.2.2. the date when the changes entry into force;

14.2.3. the unified content of the Regulations after changes.

14.3. Changes to the Regulations enter into force from the moment clearly indicated by SMARTASS, after beingpublished on the Website and in the Mobile Application, for all agreements concluded after this date.

14.4. SMARTASS notifies Users who have Accounts or Users who have concluded fitness services provision agreements with SMARTASS about the change in the Regulations by e-mail to the e-mail address specified when concluding the relevant agreement. It is considered that the User agrees with the new content of the Regulations, if within 14 days from the date of notification of the change of the Regulations, as specified in this point, the User has not notified SMARTASS of one’s will to withdraw the agreement on Account maintaining or any agreement on fitness services provision.

14.5. The refusal specified in point 14.4 above occurs in the manner and within the conditions specified in section 11 of these Regulations.

14.6. If, as a result of changes to these Regulations or for other reasons, the User considers these Regulations or the Club Regulations unacceptable for such a User, the User is free to cancel the registration in Online Services and/or remove the components of Online Services from the User’s device.

 

15. FINAL PROVISIONS

15.1. These Regulations enter into force in 2024, Feburary 1.

15.2. SMARTASS has exclusive rights to photos, videos and printed materials produced or created by it or on its order within the framework of the Club's activities, as well as to the use of SMARTASS franchise and trademark (a mark for goods and services).

15.3. In cases that are not regulated by these Regulations, the relevant provisions of the law are applied. For the avoidance of doubt, it is accepted that none of the provisions of the Regulations limit the User's rights, which are granted to the User based on the laws in force on the territory of the Republic of Poland. In case of discovery of a provision of this nature, the unconditionally valid norms of the current law are applied.

15.3. Disputes, arising from these Regulations, which can not be resolved through amicable adjustment between the Users and SMARTASS will be resolved by the relevant court of general jurisdiction.

15.4. These Regulations are drafted in Polish and English versions. In case of a discrepancy between these versions, the Polish version prevails.

 

APPENDIX No. 1 TO THE REGULATIONS

AGREEMENT WITHDRAWAL SAMPLE FORM

(this form should be filled and sent only if you want to withdraw the agreement)

Addressee: ____________. with a registered office in Warsaw ___________ on the street ________________, e-mail address: ____________, phone number: __________, address: ___________________;

Sender [enter the Consumer's identification data here, i.e. first name, last name, contact details (e-mail address, address)]: ………………………………… .

– I, the undersigned, notify about the withdrawal of the agreement on the provision of the Service [here specify the given Service] concluded in electronic form ……………………………………….

– Surname and first name of the person who withdraws the agreement.

– Signature of the person withdrawing the agreement (only if it is sent in paper form).

– Place and date.  

 

SMARTASS SPORTS CLUB ATTENDANCE RULES

1. Note that you can get the right to visit our SMARTASS sports club (the Club hereinafter) by purchasing a subscription both through the Application and through our website https://smartass.club/warsaw, paying for training at our cash desk or simply getting the right to a free trial training – it depends on the situation. But regardless of how you got the right to such visits, you must determine and comply with the provisions of these attendance rules.

2. Unconditional understanding, acceptance and implementation of these attendance rules of the Club is a prerequisite for visiting the Club. If you do not agree with the text of these rules of visiting or certain of their provisions, then we, SMARTASS, as the administration of the Club, urge you not to purchase season tickets or one-time training at the Club. 

3. The fact of recognition of these attendance rules and the moment of agreement with their text and provisions is the moment before you proceed to payment for training (training cycle, etc.) at a paid visit to the Club or filling out a visitor's questionnaire at a free visit, you will not be able to proceed to payment, unless you earlier confirm that you have read these attendance rules (by checking the appropriate box).

4. The following services are granted in the Club: cardio training; functional training using TRX loops, rowing machines, air bikes, ropes, kettlebells, dumbbells, medicine balls, etc.; boxing training; training aimed at increasing body flexibility (stretching, barre); pilates; cycle; yoga classes; dancing. Any of the above services may be provided in the form of personal and group training sessions held on the territory of the Club or group training sessions outside the Club. The services within the framework of these rules also include: sale of food and drinks in the mini-cafe or restaurant area; massage and spa treatments. The list of services is not exhaustive and may be changed by SMARTASS and supplemented from time to time.

5. By visiting the Club, you acknowledge and confirm that you are in sufficient physical condition to attend sports clubs and participate in training sessions of varying intensity. You also acknowledge that you have sufficient skills, abilities and health necessary to participate in the training sessions or training cycles you have chosen.

6. You also confirm that you have no contraindications against intense physical activity, as well as no allergic reactions that make it impossible for you to participate in the chosen training.

7. Please note that our trainings are carried out according to our unique approach, which, among other things, provides that most of the trainings are held in a darkened room, accompanied by loud music and associated with the simultaneous participation of many athletes of different ages and genders.   

8. You personally choose the workouts or training cycles you are going to participate in. We can recommend you something from the list of workouts, training cycles or training programs we offer, but the final choice is always yours.

9. You may not be admitted to the relevant training session, with or without a refund, if you are late for such training session or do not have proper sportswear for participation in such training session. Such non-admission is not a violation of these attendance rules by the Club or the Club administration. The training you do not attend or are unable to attend is subject to return (as another training but as the money payback) to your Smartass account in any case unless: (i) you are late for the appropriate training session; (ii) you didn’t come to the training booked for you earlier; (iii) you dismissed you training booking 6 hours before the beginning of the appropriate training or later. However the price actually paid for some of the training sessions may be refunded to you in accordance to our Refund Policy.  

10. If you do not show up for training, according to your schedule or appointment, or leave the training room during the training, such missed or incomplete training may be returned or reimbursed to you only at the discretion of the Club administration. By default, such reimbursement is not made, which cannot be considered a violation of these attendance rules by the Club or the Club administration.

11. We reserve the right to refuse you to choose certain trainings or to visit the Club as a whole, because we care about our own positive image and reputation, and even more we care about the health, safety and good mood of the Club visitors, including you personally. Refusal specified in previous sentence might be applied in the following cases: (i) alcohol or drug intoxication; (ii) you are under 18 years old, (iii) you have visible symptoms of an infection; (iv) you are late to enter the training after it has begun; (v) decision of the court or the authorities; (vi) construction, deconstruction, repair, disinfection or other work being carried out at the Club premises, where you normally train.

12. During the training:

12.1. All training participants are in training in sportswear suitable for participation in such training, and the suitability of clothing is determined by the coach conducting such training;

12.2. All participants of the training shall follow the instructions of the coach, including those concerning the volume of loads, content and duration of training exercises, common for all or separate for any participant;

12.3. All training participants shall continuously monitor their own health and immediately signal its deterioration to the coach conducting the relevant training;

12.4. We strongly ask you not to obstruct and not to interfere with other participants to participate in the training, and the coach – to conduct it;

12.5. Only the coach determines the start and end of the training.

13. Participation in training does not involve additional costs on the part of training participants, and the costs incurred by them on their own initiative are not reimbursed by the Club administration. At the same time, we reserve the right to recommend you individual nutrition programs, products or food additives.

14. If you intend to continue visiting our Club, we would not recommend

14.1. Consume alcohol in the Club, outside the Club restaurant;

14.2. Use drugs, smoke, be in a state of drug or alcohol intoxication on the territory of the Club;

14.3. Call for or use violence;

14.4. Engage in behaviour that affects the rights and legitimate interests of other visitors or employees of the Club, harms their reputation and positive image, as well as the reputation and positive image of the Club;

14.5.To break and damage the inventory and equipment of the Club;

14.6. Bring and leave unattended small and underage children, as well as animals without prior approval of the Club administration, provided that you remain responsible for their behaviour and the consequences of such behaviour at all times.

15.  Please note that on the territory of the Club, in places of public access, as well as in places to which access is allowed only to employees, coaches and staff of the Club, there is constant video surveillance and sound recording. We do this only to maintain order, search for missing items and facilitate ways out of disputable situations if they arise.

16. Photos and video images of group trainings at the Club may be used by the Club administration as or as part of its own marketing materials, without indicating the name and surname of the persons depicted on such materials. We draw your attention to the fact that we shall only make photos or videos of the whole groups which are only a background of the respective photo or video or as a detail of the whole training process depicting – without any close-ups unless we mutually and directly agree with you in writing to make your close photo or video. Your consent to such use is deemed to be given by agreeing to these attendance rules in their latest version. These photos and videos can be used on our social network pages or in our other marketing materials during appropriate marketing campaings only. If you want, you can send us an e-mail about the withdrawal of your consent to use your image, at any time and we will blur your personal image on the respective photos or videos which are not yet published, broadcast or printed.

17. To avoid misunderstandings: there is no video surveillance inside the locker rooms and showers.

18. The Club and the administration of the Club are not responsible for deteriorations in the health or well-being of visitors to the Club, which were caused by:

18.1. Failure to provide proper information about your health status / current condition,

18.2. Performing exercises contrary or in violation to the trainer's recommendations,

18.3. Using equipment or exercises of your choice, outside the framework of training supervised by a trainer.

18a. The Club and the administration of the Club are responsible only for deteriorations in the health or well-being of visitors to the Club, other than specified in section 18, and only when they happened as a result of acting or omission of the Club and/or trainer employed / contracted in the Club inconsistent with generally accepted rules for performing specific exercises in sports environments.

19. The Club and the administration of the Club are not responsible for personal staff of the Club visitors left unattended, including valuables. We also advice you not to use any stuff which is not prescribed by the relevant training program or not adviced by your trainer during the training session as it may be lost, broken, damaged, forgotten as well as disturb or distract other people. 

20. When registering for training or purchasing a training subscription at the Club, you will be required to provide your name, surname, date of birth, personal phone number and e-mail. You are personally responsible for the completeness, relevance and appropriateness of the information provided.

21. In addition, during your visit to the Club, we use our own technical means to receive and process the schedule of my visits to the Club and the records of coaches (instructors) regarding the results of such visits. 

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