General Contractual Terms of 3-month Flexible Membership in Holmes Place Poland Hilton club, Marriott club and Skorosze club

These General Contractual Terms of Membership in clubs operated by Holmes Place Poland Sp. z o.o. with its registered office in Warsaw, 63 Grzybowska St., registered by the District Court for the Capital City of Warsaw, XII Commercial Division of the National Court Register under KRS number 0000221325, having tax identification number (NIP) 526-28-23-001, of the share capital: PLN 6,132,500 (“Holmes Place”), provide as follows:
I. MEMBERSHIP IN THE CLUB:

1. Holmes Place operates the fitness clubs (the “Club”) for its members (the “Members”).


2. Membership in the Club commences upon conclusion of the Agreement, which occurs at the date of signing of the membership form and these General Contractual Terms of Membership in the Club (the “Terms”). If the membership form is signed in a pre-sale period before the opening of the Club, then membership will start on the date of the Club’s opening.


3. These Terms also apply to a Member whose membership commences on the basis of a separate agreement concluded between Holmes Place and a third person.


4. Holmes Place entitles the Member to use the facilities and equipment of the Club as well as the services provided in the Club, only under the terms and conditions specified in the Agreement and in these Terms. 


5. The Agreement on membership in the Club is concluded for an indefinite period, however for a minimum of 3 months. The Member may submit a notice of termination of the Agreement at any time. The notice period is one month and begins running on the first of the month following the month in which the notice was submitted. For the avoidance of doubt, the date of submission of the notice notwithstanding, the Agreement cannot be terminated before the minimum period of 3 months has lapsed. 


6. Membership is bound to the person who is the Member and is not transferable to another person without the prior written approval of Holmes Place. Membership transfer under the above conditions is possible only with payment of a transfer fee according to the current tariff. 


7. Every Member will receive a membership card. The membership card is personal and non-transferable. Members are obligated to produce their membership cards every time they enter the Club. Holmes Place is not obligated to let a Member enter the Club without showing his/her membership card. In the case of loss of a membership card, a new membership card will be issued with a new registration number, for a fee according to the current tariff. 


8. Obtaining membership in one of the Clubs qualifies the Member to use only that Club. It is possible to use other Clubs in the “Multi-Club System” but only if Holmes Place includes the Club into the Multi-Club System. Transferring membership between Clubs included in the Multi-Club System is subject to a fee according to the current tariff.  


9. Members using the Multi-Club System are not allowed to use a newly opened Club for the first 14 days after its opening. In that time, Members can use only the Clubs where they are registered. Membership extension is possible with Holmes Place’s consent and is subject to a fee according to the tariff current at the time of the extension.


10. In case of an Agreement concluded outside of Holmes Place premises, the Member has the right to terminate his membership in the first 10 days:

a) from the date of opening of the Club if the Agreement was concluded before the opening of the Club; or 

b) from the date of conclusion of the Agreement if it concerns a Club that is already opened. 

In both cases however, Holmes Place is entitled to the registration fees and the membership fee paid by the Member in the amount proportional to the number of days of membership, which is counted from the date of opening of/membership in the Club until the day of receipt by Holmes Place of the Member’s statement on termination of the membership. 


11. Holmes Place is entitled to terminate the Agreement with immediate effect if the Member behaves violently or in another unacceptable manner, repeatedly violates the provisions of the Agreement, including but not limited to the provisions of the Terms, does not obey the instructions from Holmes Place’s management or Holmes Place’s personnel responsible for the operation of the Club, or his membership fees payment is overdue for more than 7 days. In such case, Holmes Place is entitled to the registration fees and the membership fee paid by the Member in the amount proportional to the number of days of membership, which is counted from the date of opening of/membership in the Club until the day of receipt by the Member of Holmes Place’s statement on termination of the Agreement.


II. FEES:

1. The Member is obligated to pay the registration fee and monthly membership fees in the amount indicated in the Agreement. 


2. If not stipulated otherwise, the registration fee, the membership fee for the first month of membership, and the membership card fee are due upon conclusion of the Agreement. Subsequent monthly membership fees are due on the 1st working day of each calendar month. 


3. Holmes Place is entitled to refuse the Member entry to the Club if his/her membership fees payment is overdue or he/she presented data that would make it impossible for Holmes Place to place the payment order or to collect the fees (depending on the chosen form of payment).


4. If the Member’s membership fee payment is overdue for more than 7 days, Holmes Place is entitled (but not obliged) to terminate the Agreement with immediate effect. In this case, Holmes Place is entitled to the fees as in clause I.11 above. 


5. The monthly membership fees in the amount indicated in the Agreement may be paid either: 

a) by credit card (the cards accepted by Holmes Place are: VISA, MASTER CARD, AMERICAN EXPRESS), generated automatically from the given card; or

b) by establishment of a direct debit order for the benefit of Holmes Place directly from the Member’s bank account.


III. GUESTS:

1. A Guest of Holmes Place is a person who is invited to the club by a Club Member with a paid active contract or a person who has a valid invitation to join the club or a person who uses the Club for a fee according to the price list (the person is verified on the basis of the identity card). Guests can use an invitation no more than one (1) time every 3 months.

2. Holmes Place allows each Club Member to introduce one guest to the Club free of charge not more than one (1) time every 3 months (hereinafter referred to as "Guests"). The Guest must be at least 16 years old. The Guest is obliged to pay a one-time entry fee provided if he / she does not have an invitation.

3. The Guest’s entry to the Club will be charged with a visitor’s fee.

4. The Guest is obligated to obey these Terms, operational rules and instructions from Holmes Place’s management or Holmes Place’s personnel responsible for the operation of the Club. The Member is obligated to inform the Guest about these obligations in time. The Member is obligated to ensure that the Guest leaves the Club at the latest together with the Member. If the Guest violates the operational rules or instructions from Holmes Place’s management or Holmes Place’s personnel responsible for the operation of the Club, the Member will be responsible as for his/her own violation.

5. Holmes Place reserves the right to refuse the Guest entry to the Club, even without stating a reason.


IV. RULES OF SPORT ACTIVITY:

1. Members perform sport activities and take part in training sessions in the Club and use the Club’s equipment and facilities, explicitly at their own responsibility and risk. Holmes Place is not liable for damages incurred by the Member in the Club unless the damages are the fault of Holmes Place, including improper technical condition of the Club’s equipment.


2. Members are not allowed to perform any sport activity in the Club when they are suffering from any health problems, or taking any medications that can in any way influence their physical or mental abilities. 


3. Members are not allowed to use private personal trainers in the Club (except the personal trainers employed in the Club by Holmes Place).


4. Holmes Place reserves the right to limit the time of use of some of the Club’s facilities and equipment (e.g. cardio machines, Power Plate) with respect to the needs of all Club Members.


5. Members are obligated to use towels during their sport activities to ensure the equipment and facilities remain clean.


6. Members are obligated to come on time to scheduled sessions with instructors. It is not permitted to enter the studio after the start of a training session. Members are obligated not to disturb the course of the training session in any way.


7. With respect to possible stronger interest in some training sessions, Holmes Place reserves the right to require prior registration for those courses and to set the terms for the registration.


8. The instructor leading a course is entitled to limit the number of session participants or to ask a Member to leave the session if, in the instructor’s opinion, the studio is overcrowded or the Member does not observe the instructor’s instructions.


9. Members and their guests are obliged to observe the following rules:

• to take a shower before entering the sauna;

• to use deodorants;

• not to shave in the sauna or under the showers;

• not to dry any personal clothing or towels in the sauna.


10. Members and their Guests are not allowed to use the sauna while under the influence of alcohol, substances influencing blood circulation and metabolism in cells, antihistamines, beta-blockers or sedatives. Members suffering from diabetes, heart disease, high or low blood pressure or who are pregnant must consult their doctor before using the sauna.


11. When performing their sport activities, particularly fitness or swimming pool service, Members are obliged to observe the Agreement, including but not limited to the Terms, and instructions of the trainers and personnel of the Club and Holmes Place.


V. LIABILITY:

1. Provisions of the Civil Code and any other binding laws apply to Holmes Place’s liability for any personal injury. 


2. Provisions of the Civil Code and any other binding laws apply to Holmes Place’s liability for any material damage to things that are brought by the Member into the Club. 


3. Holmes Place’s liability for things brought into the Club premises does not apply when the Member is in breach of the rule in clause VI.7 below. 

VI. RULES OF BEHAVING IN THE CLUB:

1. Members are obliged to behave decently in the Club, so that they do not disturb other Members. Use of any offensive or vulgar language is strictly prohibited.


2. Members of the Club performing any sport activities must be dressed appropriately in sports clothes and shoes. 


3. Every Member is obliged to be dressed in accordance with the rules of personal hygiene and decent behaviour with regard to a particular place in the Club.


4. Holmes Place reserves the right to set the dress code in the Club and to ask any Member who is not dressed appropriately, in the opinion of Holmes Place or personnel of the Club, to leave the Club. 


5. Smoking is prohibited in all premises of the Club.


6. The use of mobile phones is prohibited in all gym, studio and swimming pool areas of the Club.


7. Members are obliged not to bring into the Club premises money or any other items of high value. If the Member has valuable belongings (e.g. money, jewellery, ID cards, car keys, important documents, mobile phones, computers, etc.) in the Club premises, the Member is obliged to deposit such belongings at reception or in the secure lockers at reception.


8. There are changing room lockers available for Members to store their personal belongings (except money and other valuables) while in the Club premises. Members are obliged to have a padlock for each visit in the Club. When leaving the Club, Members are obliged to vacate their lockers. Lockers not vacated before closing time on any given day may be opened and emptied by responsible personnel of the Club, however the Club will not be liable for anything left in the Club and in particular in the lockers. 


9. Members can also rent a locker to store their personal belongings (except money and other valuables) on a long-term basis.

VII. GENERAL PROVISIONS:

1. Persons under 16 years of age are prohibited from using the Club’s facilities, with the exception of when these Terms specify otherwise or Holmes Place has issued prior written permission. In case of persons between 16 and 18 years of age, the Agreement must be signed by their statutory representative – a parent or legal guardian. 


2. The opening hours of the Club are posted in the premises of the Club. Holmes Place reserves the right to change (extend or shorten) the opening hours as needed.


3. Members are obligated to finish their workout, particularly fitness or swimming, at the latest 30 minutes before the Club’s closing time and to leave the Club at the latest at the closing time.


4. No animals are permitted in the Club.


5. Prices for the use of special equipment or the provision of special services, not included in the relevant type of membership, are subject to the tariff fixed by Holmes Place.


6. Holmes Place reserves the right to refuse membership or entry to the Club for justified reasons and will provide the Member with such reason.


7. Important information is posted on the notice boards in the premises of the Club.


8. Entering the Club under the influence of drugs, alcohol or psychotropic substances is strictly forbidden.


9. Holmes Place bears no responsibility for arranging parking places for Members. Regulations concerning parking places, including parking fees, may change. Parking fees are not included in the registration and membership fees.


10. The Member is obligated to inform the Club of any change in his/her contact address or telephone number.


11. By signing these Terms, the Member confirms that he/she has read and understood them and agrees to the provisions of these Terms and commits themselves to observe them.


12. The concepts “membership” and “Member” are used for the purpose of settling the rights and obligations connected with use of the equipment of the Club and the services provided by Holmes Place. Neither use of these concepts nor conclusion of the Agreement constitute any form of civil or other association of Holmes Place or any other form of co-ownership of any property between Members or between particular Members and Holmes Place.


13. The Club is equipped and monitored with an industrial camera system. The system of Member identification by taking the Member’s photo at the moment of his/her first visit to the Club is used in the Club and the Member accepts it by signing the membership form and these Terms. Holmes Place hereby declares that the photos taken in the Club as above will be used only in order to identify the Members. 


14. I, the undersigned, hereby give my consent for inclusion of my personal data in the computer data base of Holmes Place Poland Sp. z o.o. with its registered office in Warsaw and for their processing according to the content of the act dated August, 29, 1997 on Personal Data Protection (uniform text: Journal of Laws no. 101, item 926 from the year 2002 as amended) with the purpose to execute the agreement on the provision of services in the Holmes Place clubs and for Holmes Place Poland Sp. z o.o. marketing purposes currently and in the future and I give my consent to receive information regarding the Club and other Holmes Place clubs sent to the email address provided by me. I hereby affirm that I have been informed of the right to access my personal data and to make any changes to them. Disclosure of the above mentioned data is voluntary.


15. Holmes Place is entitled to amend these Terms in the following cases: 

a) if there is a change in the conditions of co-operation with the owners or landlords of the premises where the Holmes Place Poland clubs are located;

b) if the global business policy is changed by the capital group of which Holmes Place is a part;

c) if provisions of the law change, which influence Holmes Place’s rendering of the services in the Holmes Place Poland clubs;

d) if it is necessary to change the rules of sport activity or the rules of behaviour in the Club in order to improve the conditions for sport activity or safety of the Members.


16. Holmes Place is entitled to adjust membership fees to reflect any increase in VAT or the application of any new taxes. The Member has the right to terminate the Agreement within 14 days after receiving notice of such a fee adjustment. 


17. Any amendments to the Terms will be notified to the Member in writing by sending the text of the new Terms by post or electronic mail or delivery of the new Terms to the Member in the Club.


18. The Member gives consent to Holmes Place to transfer the rights and obligations resulting from the Terms as well as all individual contracts to another entity, whose core business coincides with the activities of Holmes Place and the conditions of membership in the club shall not be impaired.


19. If the Member refuses to accept the amended Terms he/she has the right to terminate the agreement by written statement submitted to Holmes Place within 14 days from receiving the amended Terms. 


20. For matters not regulated by these Terms, the provisions of the Civil Code will apply. 


Any changes in the Holmes Place registration or address information will not influence the validity of these Terms.


VIII. PERSONAL DATA AND PRIVACY POLICY:

This section defines the rules for the processing and protection of personal data provided by Club Members in connection with their use of membership services in Holmes Place clubs necessary for the performance of mutual benefits. 1. Holmes Place Poland Sp.z o.o. is the administrator of personal data of Club Members. Providing data is voluntarily, however, necessary to conclude a contract for the provision of member services by the Club. The Inspector of Personal Data Protection for Holmes Place is a person who can be contacted in all matters related to the processing of personal data and the use of rights related to this processing. If there is a need to contact the Data Protection Inspector, it is available at the address iodo@holmesplace.pl 2. Personal data will be processed by Holmes Place solely on the basis of the consent granted to the processing of data and solely for the purpose of providing services provided by the Club, handling the complaint process and possible pursuit of claims, as well as for a specific purpose by the personal data administrator. 3. Personal data concerning the Club member's training progress processed as part of access to training progress will be processed only on the basis of the User's consent. 4. Personal data provided to Holmes Place will be stored for the purpose of the service, and after its completion until the resignation of processing personal data. Holmes Place provides the possibility to remove personal data from the collection kept at the email address: rodo@holmesplace.pl 5. Member of the Club, providing his personal data, has the right to access their content, rectify, delete or limit processing, withdraw consent at any time and the right to transfer these data. Processing of personal data of a Member of the Club processed for marketing purposes is based on the legitimate interests of the data controller and therefore the Member of the Club has the right to object to the processing of data for statistical and marketing purposes at any time and to the extent that the processing is related to marketing direct. 6. Holmes Place may refuse to delete personal data if a Member of the Club violated the applicable law, and the retention of personal data is necessary to clarify these circumstances and determine the liability of the Member of the Club by the judicial authorities. 7. Holmes Place protects the personal data provided to it and makes every effort to protect it from unauthorized access or use. The set of collected personal data of Club Members is treated as a separate database in a special security zone ensuring proper protection. 8. Holmes Place does not transfer, sell or lend collected personal data of Club Members to third parties, unless it is done with the explicit consent of the User. Except for the situation in which Holmes Place will provide data in accordance with applicable law or at the request of a court, prosecutor, police or other authorized body, in case of violation of the law by Club Members. Holmes Place reserves the right to disclose the data of Club Law Club members who are in arrears with the payment of membership fees based on the concluded agreement for the recovery of debts. Holmes Place uses the services of an external hosting, mailing and text messaging company that provides its servers for business purposes, thus Holmes Place uses the services of trusted partners who are bound by the entrustment agreement and a confidentiality agreement. 9. Holmes Place with the consent of a Member of the Club may transfer his personal data to the extent necessary for the implementation of the selected method of payment by the Member of the Club to Elavon / Six Safer Payment / Przelewy 24 based in Warsaw. 10. A Member of the Club has the right to lodge a complaint against the activities of the Administrator violating the principles of personal data processing to the supervisory body for the processing of personal data in the Republic of Poland (GIODO or other authority established for this purpose by the applicable law). These terms are valid from 18th May 2018.

General Contractual Terms of 12 Month Membership in Holmes Place Poland Hilton club, Marriott club and Skorosze club.

These General Contractual Terms of Membership in clubs operated by Holmes Place Poland Sp. z o.o. with its registered office in Warsaw, 63 Grzybowska St., registered by the District Court for the Capital City of Warsaw, XII Commercial Division of the National Court Register under KRS number 0000221325, having tax identification number (NIP) 526-28-23-001, of the share capital: PLN 6,132,500 (“Holmes Place”), provide as follows:
I. MEMBERSHIP IN THE CLUB:

1. Holmes Place operates the fitness clubs (the “Club”) for its members (the “Members”).


2. Membership in the Club commences upon conclusion of the Agreement, which occurs at the date of signing of the membership form and these General Contractual Terms of Membership in the Club (the “Terms”). If the membership form is signed in a pre-sale period before the opening of the Club, then membership will start on the date of the Club’s opening.


3. These Terms also apply to a Member whose membership commences on the basis of a separate agreement concluded between Holmes Place and a third person.


4. Holmes Place entitles the Member to use the facilities and equipment of the Club as well as the services provided in the Club, only under the terms and conditions specified in the Agreement and in these Terms. 


5. The Agreement on membership in the Club is concluded for 12 months. If the Member does not notify Holmes Place in writing at the latest 30 days before the end of the Agreement’s duration that he/she insists on its termination, the Agreement will be automatically extended for an indefinite period. The membership fees will remain unchanged, other than the application of clause VII.16 below. The written notice of termination may be concluded in the Club or sent by registered post to Holmes Place’s registered office. 


If the duration of the Agreement is extended for an indefinite period in accordance with this clause, then either of the parties is entitled as of that moment to terminate the Agreement at any time by withdrawing from it with a three-month notice period. The notice period begins to run as of the first day of the calendar month following the calendar month in which the written notice is delivered to the other party. The Member is obliged to continue paying the membership fee during the notice period. Membership, as well as the rights and obligations connected with it, ends and the Agreement terminates as of the last day of the notice period.  


6. Membership is bound to the person who is the Member and is not transferable to another person without the prior written approval of Holmes Place. Membership transfer under the above conditions is possible only with payment of a transfer fee according to the current tariff. 


7. Every Member will receive a membership card. The membership card is personal and non-transferable. Members are obligated to produce their membership cards every time they enter the Club. Holmes Place is not obligated to let a Member enter the Club without showing his/her membership card. In the case of loss of a membership card, a new membership card will be issued with a new registration number, for a fee according to the current tariff. 


8. Obtaining membership in one of the Clubs qualifies the Member to use only that Club. It is possible to use other Clubs in the “Multi-Club System” but only if Holmes Place includes the Club into the Multi-Club System. Transferring membership between Clubs included in the Multi-Club System is subject to a fee according to the current tariff.  


9. Members using the Multi-Club System are not allowed to use a newly opened Club for the first 14 days after its opening. In that time, Members can use only the Clubs where they are registered. Membership extension is possible with Holmes Place’s consent and is subject to a fee according to the tariff current at the time of the extension.


10. In case of an Agreement concluded outside of Holmes Place premises, the Member has the right to terminate his membership in the first 10 days:

a) from the date of opening of the Club if the Agreement was concluded before the opening of the Club; or 

b) from the date of conclusion of the Agreement if it concerns a Club that is already opened. 

In both cases however, Holmes Place is entitled to the registration fees and the membership fee paid by the Member in the amount proportional to the number of days of membership, which is counted from the date of opening of/membership in the Club until the day of receipt by Holmes Place of the Member’s statement on termination of the membership. 


11. Holmes Place is entitled to terminate the Agreement with immediate effect if the Member behaves violently or in another unacceptable manner, repeatedly violates the provisions of the Agreement, including but not limited to the provisions of the Terms, does not obey the instructions from Holmes Place’s management or Holmes Place’s personnel responsible for the operation of the Club, or his membership fees payment is overdue for more than 7 days. In such case, Holmes Place is entitled to the registration fees and the membership fee paid by the Member in the amount proportional to the number of days of membership, which is counted from the date of opening of/membership in the Club until the day of receipt by the Member of Holmes Place’s statement on termination of the Agreement.

II. FEES:

1. The Member is obligated to pay the registration fee and monthly membership fees in the amount indicated in the Agreement. 


2. If not stipulated otherwise, the registration fee, the membership fee for the first month of membership, and the membership card fee are due upon conclusion of the Agreement. Subsequent monthly membership fees are due by the 5th working day of each calendar month. 


3. Holmes Place is entitled to refuse the Member entry to the Club if his/her membership fees payment is overdue or he/she presented data that would make it impossible for Holmes Place to place the payment order or to collect the fees (depending on the chosen form of payment).


4. If the Member’s membership fee payment is overdue for more than 7 days, Holmes Place is entitled (but not obliged) to terminate the Agreement with immediate effect. In this case, Holmes Place is entitled to the fees as in clause I.11 above. 


5. The membership fees may be paid in the following way: 

a) monthly – in the amount of 1/12 of the yearly membership fee indicated in the Agreement – by credit card (the cards accepted by Holmes Place are: VISA, MASTER CARD, AMERICAN EXPRESS), generated automatically from the given card; or

b) monthly – in the amount of 1/12 of the yearly membership fee indicated in the Agreement – by establishing a direct debit order for the benefit of Holmes Place directly from the Member’s bank account; or

c) as a one-time payment – in the amount of the total membership fee indicated in the Agreement payable at signing the Agreement and at the subsequent anniversaries of the membership.

III. GUESTS:

1. A Guest of Holmes Place is a person who is invited to the club by a Club Member with a paid active contract or a person who has a valid invitation to join the club or a person who uses the Club for a fee according to the price list (the person is verified on the basis of the identity card). Guests can use an invitation no more than one (1) time every 3 months.

2. Holmes Place allows each Club Member to introduce one guest to the Club free of charge not more than one (1) time every 3 months (hereinafter referred to as "Guests"). The Guest must be at least 16 years old. The Guest is obliged to pay a one-time entry fee provided if he / she does not have an invitation.

3. The Guest’s entry to the Club will be charged with a visitor’s fee.

4. The Guest is obligated to obey these Terms, operational rules and instructions from Holmes Place’s management or Holmes Place’s personnel responsible for the operation of the Club. The Member is obligated to inform the Guest about these obligations in time. The Member is obligated to ensure that the Guest leaves the Club at the latest together with the Member. If the Guest violates the operational rules or instructions from Holmes Place’s management or Holmes Place’s personnel responsible for the operation of the Club, the Member will be responsible as for his/her own violation.

5. Holmes Place reserves the right to refuse the Guest entry to the Club, even without stating a reason.

IV. RULES OF SPORT ACTIVITY:

1. Members perform sport activities and take part in training sessions in the Club and use the Club’s equipment and facilities, explicitly at their own responsibility and risk. Holmes Place is not liable for damages incurred by the Member in the Club unless the damages are the fault of Holmes Place, including improper technical condition of the Club’s equipment.


2. Members are not allowed to perform any sport activity in the Club when they are suffering from any health problems, or taking any medications that can in any way influence their physical or mental abilities. 


3. Members are not allowed to use private personal trainers in the Club (except the personal trainers employed in the Club by Holmes Place).


4. Holmes Place reserves the right to limit the time of use of some of the Club’s facilities and equipment (e.g. cardio machines, Power Plate) with respect to the needs of all Club Members.


5. Members are obligated to use towels during their sport activities to ensure the equipment and facilities remain clean.


6. Members are obligated to come on time to scheduled sessions with instructors. It is not permitted to enter the studio after the start of a training session. Members are obligated not to disturb the course of the training session in any way.


7. With respect to possible stronger interest in some training sessions, Holmes Place reserves the right to require prior registration for those courses and to set the terms for the registration.


8. The instructor leading a course is entitled to limit the number of session participants or to ask a Member to leave the session if, in the instructor’s opinion, the studio is overcrowded or the Member does not observe the instructor’s instructions.


9. Members and their guests are obliged to observe the following rules:

• to take a shower before entering the sauna;

• to use deodorants;

• not to shave in the sauna or under the showers;

• not to dry any personal clothing or towels in the sauna.


10. Members and their Guests are not allowed to use the sauna while under the influence of alcohol, substances influencing blood circulation and metabolism in cells, antihistamines, beta-blockers or sedatives. Members suffering from diabetes, heart disease, high or low blood pressure or who are pregnant must consult their doctor before using the sauna.


11. When performing their sport activities, particularly fitness or swimming pool service, Members are obliged to observe the Agreement, including but not limited to the Terms, and instructions of the trainers and personnel of the Club and Holmes Place.

V. LIABILITY:

1. Provisions of the Civil Code and any other binding laws apply to Holmes Place’s liability for any personal injury. 


2. Provisions of the Civil Code and any other binding laws apply to Holmes Place’s liability for any material damage to things that are brought by the Member into the Club. 


3. Holmes Place’s liability for things brought into the Club premises does not apply when the Member is in breach of the rule in clause VI.6 below. 

VI. RULES OF BEHAVING IN THE CLUB:

1. Members are obliged to behave decently in the Club, so that they do not disturb other Members. Use of any offensive or vulgar language is strictly prohibited.


2. Members of the Club performing any sport activities must be dressed appropriately in sports clothes and shoes. 


3. Every Member is obliged to be dressed in accordance with the rules of personal hygiene and decent behaviour with regard to a particular place in the Club.


4. Holmes Place reserves the right to set the dress code in the Club and to ask any Member who is not dressed appropriately, in the opinion of Holmes Place or personnel of the Club, to leave the Club. 


5. Smoking is prohibited in all premises of the Club.


6. Members are obliged not to bring into the Club premises money or any other items of high value. If the Member has valuable belongings (e.g. money, jewellery, ID cards, car keys, important documents, mobile phones, computers, etc.) in the Club premises, the Member is obliged to deposit such belongings at reception or in the secure lockers at reception.


7. There are changing room lockers available for Members to store their personal belongings (except money and other valuables) while in the Club premises. Members are obliged to have a padlock for each visit in the Club. When leaving the Club, Members are obliged to vacate their lockers. Lockers not vacated before closing time on any given day may be opened and emptied by responsible personnel of the Club, however the Club will not be liable for anything left in the Club and in particular in the lockers. 


8. Members can also rent a locker to store their personal belongings (except money and other valuables) on a long-term basis.

VII. GENERAL PROVISIONS:

1. Persons under 16 years of age are prohibited from using the Club’s facilities, with the exception of when these Terms specify otherwise or Holmes Place has issued prior written permission. In case of persons between 16 and 18 years of age, the Agreement must be signed by their statutory representative – a parent or legal guardian. 


2. The opening hours of the Club are posted in the premises of the Club. Holmes Place reserves the right to change (extend or shorten) the opening hours as needed.


3. Members are obligated to finish their workout, particularly fitness or swimming, at the latest 30 minutes before the Club’s closing time and to leave the Club at the latest at the closing time.


4. No animals are permitted in the Club.


5. Prices for the use of special equipment or the provision of special services, not included in the relevant type of membership, are subject to the tariff fixed by Holmes Place.


6. Holmes Place reserves the right to refuse membership or entry to the Club for justified reasons and will provide the Member with such reason.


7. Important information is posted on the notice boards in the premises of the Club.


8. Entering the Club under the influence of drugs, alcohol or psychotropic substances is strictly forbidden.


9. Holmes Place bears no responsibility for arranging parking places for Members. Regulations concerning parking places, including parking fees, may change. Parking fees are not included in the registration and membership fees.


10. The Member is obligated to inform the Club of any change in his/her contact address or telephone number.


11. By signing these Terms, the Member confirms that he/she has read and understood them and agrees to the provisions of these Terms and commits themselves to observe them.


12. The concepts “membership” and “Member” are used for the purpose of settling the rights and obligations connected with use of the equipment of the Club and the services provided by Holmes Place. Neither use of these concepts nor conclusion of the Agreement constitute any form of civil or other association of Holmes Place or any other form of co-ownership of any property between Members or between particular Members and Holmes Place.


13. The Club is equipped and monitored with an industrial camera system. The system of Member identification by taking the Member’s photo at the moment of his/her first visit to the Club is used in the Club and the Member accepts it by signing the membership form and these Terms. Holmes Place hereby declares that the photos taken in the Club as above will be used only in order to identify the Members. 


14. I, the undersigned, hereby give my consent for inclusion of my personal data in the computer data base of Holmes Place Poland Sp. z o.o. with its registered office in Warsaw and for their processing according to the content of the act dated August, 29, 1997 on Personal Data Protection (uniform text: Journal of Laws no. 101, item 926 from the year 2002 as amended) with the purpose to execute the agreement on the provision of services in the Holmes Place clubs and for Holmes Place Poland Sp. z o.o. marketing purposes currently and in the future and I give my consent to receive information regarding the Club and other Holmes Place clubs sent to the email address provided by me. I hereby affirm that I have been informed of the right to access my personal data and to make any changes to them. Disclosure of the above mentioned data is voluntary.


15. Holmes Place is entitled to amend these Terms in the following cases: 

a) if there is a change in the conditions of co-operation with the owners or landlords of the premises where the Holmes Place Poland clubs are located;

b) if the global business policy is changed by the capital group of which Holmes Place is a part;

c) if provisions of the law change, which influence Holmes Place’s rendering of the services in the Holmes Place Poland clubs;

d) if it is necessary to change the rules of sport activity or the rules of behaviour in the Club in order to improve the conditions for sport activity or safety of the Members.


16. Holmes Place is entitled to adjust membership fees to reflect any increase in VAT or the application of any new taxes. The Member has the right to terminate the Agreement within 14 days after receiving notice of such a fee adjustment. 


17. Any amendments to the Terms will be notified to the Member in writing by sending the text of the new Terms by post or electronic mail or delivery of the new Terms to the Member in the Club.


18. The Member gives consent to Holmes Place to transfer the rights and obligations resulting from the Terms as well as all individual contracts to another entity, whose core business coincides with the activities of Holmes Place and the conditions of membership in the club shall not be impaired.


19. If the Member refuses to accept the amended Terms he/she has the right to terminate the agreement by written statement submitted to Holmes Place within 14 days from receiving the amended Terms. 


20. For matters not regulated by these Terms, the provisions of the Civil Code will apply. 

General Contractual Terms of 24 Month Membership in Holmes Place Poland Hilton club, Marriott club and Skorosze club.

These General Contractual Terms of Membership in clubs operated by Holmes Place Poland Sp. z o.o. with its registered office in Warsaw, 63 Grzybowska St., registered by the District Court for the Capital City of Warsaw, XII Commercial Division of the National Court Register under KRS number 0000221325, having tax identification number (NIP) 526-28-23-001, of the share capital: PLN 6,132,500 (“Holmes Place”), provide as follows:

I. MEMBERSHIP IN THE CLUB:

1. Holmes Place operates the fitness clubs (the “Club”) for its members (the “Members”).


2. Membership in the Club commences upon conclusion of the Agreement, which occurs at the date of signing of the membership form and these General Contractual Terms of Membership in the Club (the “Terms”). 


3. These Terms also apply to a Member whose membership commences on the basis of a separate agreement concluded between Holmes Place and a third person.


4. Holmes Place entitles the Member to use the facilities and equipment of the Club as well as the services provided in the Club, only under the terms and conditions specified in the Agreement and in these Terms. 


5. Membership contract is concluded for the time of 24 months. On the first day commencing after this period the contract is being prolonged for indefinite time, unless the member will cancel the contract no later than 30 days before the 24 month period ending. The cancellation form needs to be sent by registered mail to Holmes Place Poland or filled out at the club’s reception. Otherwise the cancellation request becomes invalid. In the event of prolonging the contract – on terms stated above – the notice period for cancelling the contract changes to 60 days, counted from 1st of each calendar month.


6. Cancelling the contract before 24 month membership ending. Cancelling this contract is possible only if it lasted longer than 12 months. The cancellation will be valid only when the member will send the cancellation form by registered mail or fills out a cancellation for at the club’s reception, no later than 90 days before the 12 month period ending. 


7. Membership is bound to the person who is the Member and is not transferable to another person without the prior written approval of Holmes Place. Membership transfer under the above conditions is possible only with payment of a transfer fee according to the current tariff. 


8. Every Member will receive a membership card. The membership card is personal and non-transferable. Members are obligated to produce their membership cards every time they enter the Club. Holmes Place is not obligated to let a Member enter the Club without showing his/her membership card. In the case of loss of a membership card, a new membership card will be issued with a new registration number, for a fee according to the current tariff. 


9. Obtaining membership in the Hilton Club, and paying either in full upfront or by monthly credit card instalments, qualifies the Member for a limited time to also use the Holmes Place Energy Clubs at Galeria Mokotów and Arkadia, as well as Holmes Place clubs in Czech Republic and Hungary (the “CEE Link System”). A Member paying by monthly direct debit instalments does not qualify for the CEE Link System and remains a Member of the Hilton Club only. Holmes Place may in future include other Clubs into the CEE Link System. Transferring membership between Clubs included in the CEE Link System is subject to a fee according to the current tariff. The CEE Link System membership is valid only for the initial 24-month duration of this Agreement; after that time the Member’s membership will revert to the Hilton Club only.


10. Members using the CEE Link System are not allowed to use a newly opened Club for the first 14 days after its opening. In that time, Members can use only the Clubs where they are registered. Membership extension is possible with Holmes Place’s consent and is subject to a fee according to the tariff current at the time of the extension.


11. In case of an Agreement concluded outside of Holmes Place premises, the Member has the right to terminate his membership in the first 10 days:

a) from the date of opening of the Club if the Agreement was concluded before the opening of the Club; or 

b) from the date of conclusion of the Agreement if it concerns a Club that is already opened. 

In both cases however, Holmes Place is entitled to the registration fees and the membership fee paid by the Member in the amount proportional to the number of days of membership, which is counted from the date of opening of/membership in the Club until the day of receipt by Holmes Place of the Member’s statement on termination of the membership. 


12. Holmes Place is entitled to terminate the Agreement with immediate effect if the Member behaves violently or in another unacceptable manner, repeatedly violates the provisions of the Agreement, including but not limited to the provisions of the Terms, does not obey the instructions from Holmes Place’s management or Holmes Place’s personnel responsible for the operation of the Club, or his membership fees payment is overdue for more than 7 days. In such case, Holmes Place is entitled to the registration fees and the membership fee paid by the Member in the amount proportional to the number of days of membership, which is counted from the date of opening of/membership in the Club until the day of receipt by the Member of Holmes Place’s statement on termination of the Agreement.


II. FEES:

1. The Member is obligated to pay the registration fee and monthly membership fees in the amount indicated in the Agreement. 


2. If not stipulated otherwise, the registration fee, the membership fee for the first month of membership, and the membership card fee are due upon conclusion of the Agreement. Subsequent monthly membership fees are due on the 1st working day of each calendar month. 


3. Holmes Place is entitled to refuse the Member entry to the Club if his/her membership fees payment is overdue or he/she presented data that would make it impossible for Holmes Place to place the payment order or to collect the fees (depending on the chosen form of payment).


4. If the Member’s membership fee payment is overdue for more than 7 days, Holmes Place is entitled (but not obliged) to terminate the Agreement with immediate effect. In this case, Holmes Place is entitled to the fees as in clause I.11 above. 


5. The membership fees may be paid in the following way: 

a) monthly – in the amount of 1/12 of the yearly membership fee indicated in the Agreement – by credit card (the cards accepted by Holmes Place are: VISA, MASTER CARD, AMERICAN EXPRESS), generated automatically from the given card; or

b) monthly – in the amount of 1/12 of the yearly membership fee indicated in the Agreement – by establishing a direct debit order for the benefit of Holmes Place directly from the Member’s bank account; or

c) as a one-time payment – in the amount of the total membership fee indicated in the Agreement payable at signing the Agreement and at the subsequent anniversaries of the membership.


6. In a case when the member obliges not to cancel the contract before the 24month period, Holmes Place will grant him with a discount for membership fees, according to Club’s price list for the period of 24 months. In a case of earlier termination ( from the member’s or Holmes Place side) of 24 months ending period the club member is obliged to pay Holmes Place the discounted amount for the period he/she has been a member of the club on this contract.


III. GUESTS:

1. A Guest of Holmes Place is a person who is invited to the club by a Club Member with a paid active contract or a person who has a valid invitation to join the club or a person who uses the Club for a fee according to the price list (the person is verified on the basis of the identity card). Guests can use an invitation no more than one (1) time every 3 months.

2. Holmes Place allows each Club Member to introduce one guest to the Club free of charge not more than one (1) time every 3 months (hereinafter referred to as "Guests"). The Guest must be at least 16 years old. The Guest is obliged to pay a one-time entry fee provided if he / she does not have an invitation.

3. The Guest’s entry to the Club will be charged with a visitor’s fee.

4. The Guest is obligated to obey these Terms, operational rules and instructions from Holmes Place’s management or Holmes Place’s personnel responsible for the operation of the Club. The Member is obligated to inform the Guest about these obligations in time. The Member is obligated to ensure that the Guest leaves the Club at the latest together with the Member. If the Guest violates the operational rules or instructions from Holmes Place’s management or Holmes Place’s personnel responsible for the operation of the Club, the Member will be responsible as for his/her own violation.

5. Holmes Place reserves the right to refuse the Guest entry to the Club, even without stating a reason.


IV. RULES OF SPORT ACTIVITY:

1. Members perform sport activities and take part in training sessions in the Club and use the Club’s equipment and facilities, explicitly at their own responsibility and risk. Holmes Place is not liable for damages incurred by the Member in the Club unless the damages are the fault of Holmes Place, including improper technical condition of the Club’s equipment.


2. Members are not allowed to perform any sport activity in the Club when they are suffering from any health problems, or taking any medications that can in any way influence their physical or mental abilities. 


3. Members are not allowed to use private personal trainers in the Club (except the personal trainers employed in the Club by Holmes Place).


4. Holmes Place reserves the right to limit the time of use of some of the Club’s facilities and equipment (e.g. cardio machines, Power Plate) with respect to the needs of all Club Members.


5. Members are obligated to use towels during their sport activities to ensure the equipment and facilities remain clean.


6. Members are obligated to come on time to scheduled sessions with instructors. It is not permitted to enter the studio after the start of a training session. Members are obligated not to disturb the course of the training session in any way.


7. With respect to possible stronger interest in some training sessions, Holmes Place reserves the right to require prior registration for those courses and to set the terms for the registration.


8. The instructor leading a course is entitled to limit the number of session participants or to ask a Member to leave the session if, in the instructor’s opinion, the studio is overcrowded or the Member does not observe the instructor’s instructions.


9. Members and their guests are obliged to observe the following rules:

• to take a shower before entering the sauna;

• to use deodorants;

• not to shave in the sauna or under the showers;

• not to dry any personal clothing or towels in the sauna.


10. Members and their Guests are not allowed to use the sauna while under the influence of alcohol, substances influencing blood circulation and metabolism in cells, antihistamines, beta-blockers or sedatives. Members suffering from diabetes, heart disease, high or low blood pressure or who are pregnant must consult their doctor before using the sauna.


11. When performing their sport activities, particularly fitness or swimming pool service, Members are obliged to observe the Agreement, including but not limited to the Terms, and instructions of the trainers and personnel of the Club and Holmes Place.


V. LIABILITY:

1. Provisions of the Civil Code and any other binding laws apply to Holmes Place’s liability for any personal injury. 


2. Provisions of the Civil Code and any other binding laws apply to Holmes Place’s liability for any material damage to things that are brought by the Member into the Club. 


3. Holmes Place’s liability for things brought into the Club premises does not apply when the Member is in breach of the rule in clause VI.6 below. 

VI. RULES OF BEHAVING IN THE CLUB:
  1. Members are obliged to behave decently in the Club, so that they do not disturb other Members. Use of any offensive or vulgar language is strictly prohibited.


  1. Members of the Club performing any sport activities must be dressed appropriately in sports clothes and shoes.


  1. Every Member is obliged to be dressed in accordance with the rules of personal hygiene and decent behaviour with regard to a particular place in the Club.


  1. Holmes Place reserves the right to set the dress code in the Club and to ask any Member who is not dressed appropriately, in the opinion of Holmes Place or personnel of the Club, to leave the Club.


  1. Smoking is prohibited in all premises of the Club.


  1. The use of mobile phones is prohibited in all gym, studio and swimming pool areas of the Club.


  1. Members are obliged not to bring into the Club premises money or any other items of high value. If the Member has valuable belongings (e.g. money, jewellery, ID cards, car keys, important documents, mobile phones, computers, etc.) in the Club premises, the Member is obliged to deposit such belongings at reception or in the secure lockers at reception.


  1. There are changing room lockers available for Members to store their personal belongings (except money and other valuables) while in the Club premises. Members are obliged to have a padlock for each visit in the Club. When leaving the Club, Members are obliged to vacate their lockers. Lockers not vacated before closing time on any given day may be opened and emptied by responsible personnel of the Club, however the Club will not be liable for anything left in the Club and in particular in the lockers.


  1. Members can also rent a locker to store their personal belongings (except money and other valuables) on a long-term basis.
VII. GENERAL PROVISIONS:

1. Persons under 16 years of age are prohibited from using the Club’s facilities, with the exception of when these Terms specify otherwise or Holmes Place has issued prior written permission. In case of persons between 16 and 18 years of age, the Agreement must be signed by their statutory representative – a parent or legal guardian. 


2. The opening hours of the Club are posted in the premises of the Club. Holmes Place reserves the right to change (extend or shorten) the opening hours as needed.


3. Members are obligated to finish their workout, particularly fitness or swimming, at the latest 30 minutes before the Club’s closing time and to leave the Club at the latest at the closing time.


4. No animals are permitted in the Club.


5. Prices for the use of special equipment or the provision of special services, not included in the relevant type of membership, are subject to the tariff fixed by Holmes Place.


6. Holmes Place reserves the right to refuse membership or entry to the Club for justified reasons and will provide the Member with such reason.


7. Important information is posted on the notice boards in the premises of the Club.


8. Entering the Club under the influence of drugs, alcohol or psychotropic substances is strictly forbidden.


9. Holmes Place bears no responsibility for arranging parking places for Members. Regulations concerning parking places, including parking fees, may change. Parking fees are not included in the registration and membership fees.


10. The Member is obligated to inform the Club of any change in his/her contact address or telephone number.


11. By signing these Terms, the Member confirms that he/she has read and understood them and agrees to the provisions of these Terms and commits themselves to observe them.


12. The concepts “membership” and “Member” are used for the purpose of settling the rights and obligations connected with use of the equipment of the Club and the services provided by Holmes Place. Neither use of these concepts nor conclusion of the Agreement constitute any form of civil or other association of Holmes Place or any other form of co-ownership of any property between Members or between particular Members and Holmes Place.


13. The Club is equipped and monitored with an industrial camera system. The system of Member identification by taking the Member’s photo at the moment of his/her first visit to the Club is used in the Club and the Member accepts it by signing the membership form and these Terms. Holmes Place hereby declares that the photos taken in the Club as above will be used only in order to identify the Members. 


14. I, the undersigned, hereby give my consent for inclusion of my personal data in the computer data base of Holmes Place Poland Sp. z o.o. with its registered office in Warsaw and for their processing according to the content of the act dated August, 29, 1997 on Personal Data Protection (uniform text: Journal of Laws no. 101, item 926 from the year 2002 as amended) with the purpose to execute the agreement on the provision of services in the Holmes Place clubs and for Holmes Place Poland Sp. z o.o. marketing purposes currently and in the future and I give my consent to receive information regarding the Club and other Holmes Place clubs sent to the email address provided by me. I hereby affirm that I have been informed of the right to access my personal data and to make any changes to them. Disclosure of the above mentioned data is voluntary.


15. Holmes Place is entitled to amend these Terms in the following cases: 

a) if there is a change in the conditions of co-operation with the owners or landlords of the premises where the Holmes Place Poland clubs are located;

b) if the global business policy is changed by the capital group of which Holmes Place is a part;

c) if provisions of the law change, which influence Holmes Place’s rendering of the services in the Holmes Place Poland clubs;

d) if it is necessary to change the rules of sport activity or the rules of behaviour in the Club in order to improve the conditions for sport activity or safety of the Members.


16. Holmes Place is entitled to adjust membership fees to reflect any increase in VAT or the application of any new taxes. The Member has the right to terminate the Agreement within 14 days after receiving notice of such a fee adjustment. 


17. Any amendments to the Terms will be notified to the Member in writing by sending the text of the new Terms by post or electronic mail or delivery of the new Terms to the Member in the Club. 


18. The Member gives consent to Holmes Place to transfer the rights and obligations resulting from the Terms as well as all individual contracts to another entity, whose core business coincides with the activities of Holmes Place and the conditions of membership in the club shall not be impaired.


19. If the Member refuses to accept the amended Terms he/she has the right to terminate the agreement by written statement submitted to Holmes Place within 14 days from receiving the amended Terms. 


20. For matters not regulated by these Terms, the provisions of the Civil Code will apply. 

General Contractual Terms of 3 Month Upfront Membership in Holmes Place Poland: Hilton club, Marriott club and Skorosze club.

These General Contractual Terms of Membership in clubs operated by Holmes Place Poland Sp. z o.o. with its registered office in Warsaw, 63 Grzybowska St., registered by the District Court for the Capital City of Warsaw, XII Commercial Division of the National Court Register under KRS number 0000221325, having tax identification number (NIP) 526-28-23-001, of the share capital: PLN 6,132,500 (“Holmes Place”), provide as follows:

I. MEMBERSHIP IN THE CLUB:

1. Holmes Place operates the fitness clubs (the “Club”) for its members (the “Members”).


2. Membership in the Club commences upon conclusion of the Agreement, which occurs at the date of signing of the membership form and these General Contractual Terms of Membership in the Club (the “Terms”). If the membership form is signed in a pre-sale period before the opening of the Club, then membership will start on the date of the Club’s opening.


3. These Terms also apply to a Member whose membership commences on the basis of a separate agreement concluded between Holmes Place and a third person.


4. Holmes Place entitles the Member to use the facilities and equipment of the Club as well as the services provided in the Club, only under the terms and conditions specified in the Agreement and in these Terms. 


5. The Agreement on membership in the Club is concluded for 3 months. 


6. Membership is bound to the person who is the Member and is not transferable to another person without the prior written approval of Holmes Place. Membership transfer under the above conditions is possible only with payment of a transfer fee according to the current tariff. 


7. Every Member will receive a membership card. The membership card is personal and non-transferable. Members are obligated to produce their membership cards every time they enter the Club. Holmes Place is not obligated to let a Member enter the Club without showing his/her membership card. In the case of loss of a membership card, a new membership card will be issued with a new registration number, for a fee according to the current tariff. 


8. Obtaining membership in one of the Clubs qualifies the Member to use only that Club. It is possible to use other Clubs in the “Multi-Club System” but only if Holmes Place includes the Club into the Multi-Club System. Transferring membership between Clubs included in the Multi-Club System is subject to a fee according to the current tariff.  


9. Members using the Multi-Club System are not allowed to use a newly opened Club for the first 14 days after its opening. In that time, Members can use only the Clubs where they are registered. Membership extension is possible with Holmes Place’s consent and is subject to a fee according to the tariff current at the time of the extension.


10. In case of an Agreement concluded outside of Holmes Place premises, the Member has the right to terminate his membership in the first 10 days:

a) from the date of opening of the Club if the Agreement was concluded before the opening of the Club; or 

b) from the date of conclusion of the Agreement if it concerns a Club that is already opened. 

In both cases however, Holmes Place is entitled to the registration fees and the membership fee paid by the Member in the amount proportional to the number of days of membership, which is counted from the date of opening of/membership in the Club until the day of receipt by Holmes Place of the Member’s statement on termination of the membership. 


11. Holmes Place is entitled to terminate the Agreement with immediate effect if the Member behaves violently or in another unacceptable manner, repeatedly violates the provisions of the Agreement, including but not limited to the provisions of the Terms, does not obey the instructions from Holmes Place’s management or Holmes Place’s personnel responsible for the operation of the Club, or his membership fees payment is overdue for more than 7 days. In such case, Holmes Place is entitled to the registration fees and the membership fee paid by the Member in the amount proportional to the number of days of membership, which is counted from the date of opening of/membership in the Club until the day of receipt by the Member of Holmes Place’s statement on termination of the Agreement.


II. FEES

1. The Member is obligated to pay the registration fee and monthly membership fees in the amount indicated in the Agreement. 


2. If not stipulated otherwise, the registration fee, the membership fee for the first month of membership, and the membership card fee are due upon conclusion of the Agreement. Subsequent monthly membership fees are due by the 5th working day of each calendar month. 


3. Holmes Place is entitled to refuse the Member entry to the Club if his/her membership fees payment is overdue or he/she presented data that would make it impossible for Holmes Place to place the payment order or to collect the fees (depending on the chosen form of payment).


4. If the Member’s membership fee payment is overdue for more than 7 days, Holmes Place is entitled (but not obliged) to terminate the Agreement with immediate effect. In this case, Holmes Place is entitled to the fees as in clause I.11 above. 


5. The membership fees may be paid in the following way: 

a) monthly – in the amount of 1/12 of the yearly membership fee indicated in the Agreement – by credit card (the cards accepted by Holmes Place are: VISA, MASTER CARD, AMERICAN EXPRESS), generated automatically from the given card; or

b) monthly – in the amount of 1/12 of the yearly membership fee indicated in the Agreement – by establishing a direct debit order for the benefit of Holmes Place directly from the Member’s bank account; or

c) as a one-time payment – in the amount of the total membership fee indicated in the Agreement payable at signing the Agreement and at the subsequent anniversaries of the membership.

III. GUESTS:

1. A Guest of Holmes Place is a person who is invited to the club by a Club Member with a paid active contract or a person who has a valid invitation to join the club or a person who uses the Club for a fee according to the price list (the person is verified on the basis of the identity card). Guests can use an invitation no more than one (1) time every 3 months.

2. Holmes Place allows each Club Member to introduce one guest to the Club free of charge not more than one (1) time every 3 months (hereinafter referred to as "Guests"). The Guest must be at least 16 years old. The Guest is obliged to pay a one-time entry fee provided if he / she does not have an invitation.

3. The Guest’s entry to the Club will be charged with a visitor’s fee.

4. The Guest is obligated to obey these Terms, operational rules and instructions from Holmes Place’s management or Holmes Place’s personnel responsible for the operation of the Club. The Member is obligated to inform the Guest about these obligations in time. The Member is obligated to ensure that the Guest leaves the Club at the latest together with the Member. If the Guest violates the operational rules or instructions from Holmes Place’s management or Holmes Place’s personnel responsible for the operation of the Club, the Member will be responsible as for his/her own violation.

5. Holmes Place reserves the right to refuse the Guest entry to the Club, even without stating a reason.

IV. RULES OF SPORT ACTIVITY:

1. Members perform sport activities and take part in training sessions in the Club and use the Club’s equipment and facilities, explicitly at their own responsibility and risk. Holmes Place is not liable for damages incurred by the Member in the Club unless the damages are the fault of Holmes Place, including improper technical condition of the Club’s equipment.


2. Members are not allowed to perform any sport activity in the Club when they are suffering from any health problems, or taking any medications that can in any way influence their physical or mental abilities. 


3. Members are not allowed to use private personal trainers in the Club (except the personal trainers employed in the Club by Holmes Place).


4. Holmes Place reserves the right to limit the time of use of some of the Club’s facilities and equipment (e.g. cardio machines, Power Plate) with respect to the needs of all Club Members.


5. Members are obligated to use towels during their sport activities to ensure the equipment and facilities remain clean.


6. Members are obligated to come on time to scheduled sessions with instructors. It is not permitted to enter the studio after the start of a training session. Members are obligated not to disturb the course of the training session in any way.


7. With respect to possible stronger interest in some training sessions, Holmes Place reserves the right to require prior registration for those courses and to set the terms for the registration.


8. The instructor leading a course is entitled to limit the number of session participants or to ask a Member to leave the session if, in the instructor’s opinion, the studio is overcrowded or the Member does not observe the instructor’s instructions.


9. Members and their guests are obliged to observe the following rules:

• to take a shower before entering the sauna;

• to use deodorants;

• not to shave in the sauna or under the showers;

• not to dry any personal clothing or towels in the sauna.


10. Members and their Guests are not allowed to use the sauna while under the influence of alcohol, substances influencing blood circulation and metabolism in cells, antihistamines, beta-blockers or sedatives. Members suffering from diabetes, heart disease, high or low blood pressure or who are pregnant must consult their doctor before using the sauna.


11. When performing their sport activities, particularly fitness or swimming pool service, Members are obliged to observe the Agreement, including but not limited to the Terms, and instructions of the trainers and personnel of the Club and Holmes Place.

V. LIABILITY

1. Provisions of the Civil Code and any other binding laws apply to Holmes Place’s liability for any personal injury. 


2. Provisions of the Civil Code and any other binding laws apply to Holmes Place’s liability for any material damage to things that are brought by the Member into the Club. 


3. Holmes Place’s liability for things brought into the Club premises does not apply when the Member is in breach of the rule in clause VI.6 below. 

VI. RULES OF BEHAVING IN THE CLUB:

1. Members are obliged to behave decently in the Club, so that they do not disturb other Members. Use of any offensive or vulgar language is strictly prohibited.


2. Members of the Club performing any sport activities must be dressed appropriately in sports clothes and shoes. 


3. Every Member is obliged to be dressed in accordance with the rules of personal hygiene and decent behaviour with regard to a particular place in the Club.


4. Holmes Place reserves the right to set the dress code in the Club and to ask any Member who is not dressed appropriately, in the opinion of Holmes Place or personnel of the Club, to leave the Club. 


5. Smoking is prohibited in all premises of the Club.


6. Members are obliged not to bring into the Club premises money or any other items of high value. If the Member has valuable belongings (e.g. money, jewellery, ID cards, car keys, important documents, mobile phones, computers, etc.) in the Club premises, the Member is obliged to deposit such belongings at reception or in the secure lockers at reception.


7. There are changing room lockers available for Members to store their personal belongings (except money and other valuables) while in the Club premises. Members are obliged to have a padlock for each visit in the Club. When leaving the Club, Members are obliged to vacate their lockers. Lockers not vacated before closing time on any given day may be opened and emptied by responsible personnel of the Club, however the Club will not be liable for anything left in the Club and in particular in the lockers. 


8. Members can also rent a locker to store their personal belongings (except money and other valuables) on a long-term basis.

VII. PERSONAL DATA AND PRIVACY POLICY:

This section defines the rules for the processing and protection of personal data provided by Club Members in connection with their use of membership services in Holmes Place clubs necessary for the performance of mutual benefits.

1. Holmes Place Poland Sp.z o.o. is the administrator of personal data of Club Members. Providing data is voluntarily, however, necessary to conclude a contract for the provision of member services by the Club. The Inspector of Personal Data Protection for Holmes Place is a person who can be contacted in all matters related to the processing of personal data and the use of rights related to this processing. If there is a need to contact the Data Protection Inspector, it is available at the address iodo@holmesplace.pl

2. Personal data will be processed by Holmes Place solely on the basis of the consent granted to the processing of data and solely for the purpose of providing services provided by the Club, handling the complaint process and possible pursuit of claims, as well as for a specific purpose by the personal data administrator.

3. Personal data concerning the Club member's training progress processed as part of access to training progress will be processed only on the basis of the User's consent.

4. Personal data provided to Holmes Place will be stored for the purpose of the service, and after its completion until the resignation of processing personal data. Holmes Place provides the possibility to remove personal data from the collection kept at the email address: rodo@holmesplace.pl

5. Member of the Club, providing his personal data, has the right to access their content, rectify, delete or limit processing, withdraw consent at any time and the right to transfer these data. Processing of personal data of a Member of the Club processed for marketing purposes is based on the legitimate interests of the data controller and therefore the Member of the Club has the right to object to the processing of data for statistical and marketing purposes at any time and to the extent that the processing is related to marketing direct.

6. Holmes Place may refuse to delete personal data if a Member of the Club violated the applicable law, and the retention of personal data is necessary to clarify these circumstances and determine the liability of the Member of the Club by the judicial authorities.

7. Holmes Place protects the personal data provided to it and makes every effort to protect it from unauthorized access or use. The set of collected personal data of Club Members is treated as a separate database in a special security zone ensuring proper protection.

8. Holmes Place does not transfer, sell or lend collected personal data of Club Members to third parties, unless it is done with the explicit consent of the User. Except for the situation in which Holmes Place will provide data in accordance with applicable law or at the request of a court, prosecutor, police or other authorized body, in case of violation of the law by Club Members. Holmes Place reserves the right to disclose the data of Club Law Club members who are in arrears with the payment of membership fees based on the concluded agreement for the recovery of debts. Holmes Place uses the services of an external hosting, mailing and text messaging company that provides its servers for business purposes, thus Holmes Place uses the services of trusted partners who are bound by the entrustment agreement and a confidentiality agreement.

9. Holmes Place with the consent of a Member of the Club may transfer his personal data to the extent necessary for the implementation of the selected method of payment by the Member of the Club to Elavon / Six Safer Payment / Przelewy 24 based in Warsaw.

10. A Member of the Club has the right to lodge a complaint against the activities of the Administrator violating the principles of personal data processing to the supervisory body for the processing of personal data in the Republic of Poland (GIODO or other authority established for this purpose by the applicable law).

VIII. GENERAL PROVISIONS:

1. Persons under 16 years of age are prohibited from using the Club’s facilities, with the exception of when these Terms specify otherwise or Holmes Place has issued prior written permission. In case of persons between 16 and 18 years of age, the Agreement must be signed by their statutory representative – a parent or legal guardian. 2. The opening hours of the Club are posted in the premises of the Club. Holmes Place reserves the right to change (extend or shorten) the opening hours as needed. 3. Members are obligated to finish their workout, particularly fitness or swimming, at the latest 30 minutes before the Club’s closing time and to leave the Club at the latest at the closing time. 4. No animals are permitted in the Club. 5. Prices for the use of special equipment or the provision of special services, not included in the relevant type of membership, are subject to the tariff fixed by Holmes Place. 6. Holmes Place reserves the right to refuse membership or entry to the Club for justified reasons and will provide the Member with such reason. 7. Important information is posted on the notice boards in the premises of the Club. 8. Entering the Club under the influence of drugs, alcohol or psychotropic substances is strictly forbidden. 9. Holmes Place bears no responsibility for arranging parking places for Members. Regulations concerning parking places, including parking fees, may change. Parking fees are not included in the registration and membership fees. 10. The Member is obligated to inform the Club of any change in his/her contact address or telephone number. 11. By signing these Terms, the Member confirms that he/she has read and understood them and agrees to the provisions of these Terms and commits themselves to observe them. 12. The concepts “membership” and “Member” are used for the purpose of settling the rights and obligations connected with use of the equipment of the Club and the services provided by Holmes Place. Neither use of these concepts nor conclusion of the Agreement constitute any form of civil or other association of Holmes Place or any other form of co-ownership of any property between Members or between particular Members and Holmes Place. 13. The Club is equipped and monitored with an industrial camera system. The system of Member identification by taking the Member’s photo at the moment of his/her first visit to the Club is used in the Club and the Member accepts it by signing the membership form and these Terms. Holmes Place hereby declares that the photos taken in the Club as above will be used only in order to identify the Members. 14. I, the undersigned, hereby give my consent for inclusion of my personal data in the computer data base of Holmes Place Poland Sp. z o.o. with its registered office in Warsaw and for their processing according to the content of the act dated August, 29, 1997 on Personal Data Protection (uniform text: Journal of Laws no. 101, item 926 from the year 2002 as amended) with the purpose to execute the agreement on the provision of services in the Holmes Place clubs and for Holmes Place Poland Sp. z o.o. marketing purposes currently and in the future and I give my consent to receive information regarding the Club and other Holmes Place clubs sent to the email address provided by me. I hereby affirm that I have been informed of the right to access my personal data and to make any changes to them. Disclosure of the above mentioned data is voluntary. 15. Holmes Place is entitled to amend these Terms in the following cases: a) if there is a change in the conditions of co-operation with the owners or landlords of the premises where the Holmes Place Poland clubs are located; b) if the global business policy is changed by the capital group of which Holmes Place is a part; c) if provisions of the law change, which influence Holmes Place’s rendering of the services in the Holmes Place Poland clubs; d) if it is necessary to change the rules of sport activity or the rules of behaviour in the Club in order to improve the conditions for sport activity or safety of the Members. 16. Holmes Place is entitled to adjust membership fees to reflect any increase in VAT or the application of any new taxes. The Member has the right to terminate the Agreement within 14 days after receiving notice of such a fee adjustment. 17. Any amendments to the Terms will be notified to the Member in writing by sending the text of the new Terms by post or electronic mail or delivery of the new Terms to the Member in the Club. 18. The Member gives consent to Holmes Place to transfer the rights and obligations resulting from the Terms as well as all individual contracts to another entity, whose core business coincides with the activities of Holmes Place and the conditions of membership in the club shall not be impaired. 19. If the Member refuses to accept the amended Terms he/she has the right to terminate the agreement by written statement submitted to Holmes Place within 14 days from receiving the amended Terms. 20. For matters not regulated by these Terms, the provisions of the Civil Code will apply. Any changes in the Holmes Place registration or address information will not influence the validity of these Terms. These terms are valid from 18 May 2018.

General Contractual Terms of 6 Month Upfront Membership in Holmes Place Poland Hilton club, Marriott club and Skorosze club.

These General Contractual Terms of Membership in clubs operated by Holmes Place Poland Sp. z o.o. with its registered office in Warsaw, 63 Grzybowska St., registered by the District Court for the Capital City of Warsaw, XII Commercial Division of the National Court Register under KRS number 0000221325, having tax identification number (NIP) 526-28-23-001, of the share capital: PLN 6,132,500 (“Holmes Place”), provide as follows:

I. MEMBERSHIP IN THE CLUB:

1. Holmes Place operates the fitness clubs (the “Club”) for its members (the “Members”).


2. Membership in the Club commences upon conclusion of the Agreement, which occurs at the date of signing of the membership form and these General Contractual Terms of Membership in the Club (the “Terms”). If the membership form is signed in a pre-sale period before the opening of the Club, then membership will start on the date of the Club’s opening.


3. These Terms also apply to a Member whose membership commences on the basis of a separate agreement concluded between Holmes Place and a third person.


4. Holmes Place entitles the Member to use the facilities and equipment of the Club as well as the services provided in the Club, only under the terms and conditions specified in the Agreement and in these Terms. 


5. The Agreement on membership in the Club is concluded for 6 months. 


6. Membership is bound to the person who is the Member and is not transferable to another person without the prior written approval of Holmes Place. Membership transfer under the above conditions is possible only with payment of a transfer fee according to the current tariff. 


7. Every Member will receive a membership card. The membership card is personal and non-transferable. Members are obligated to produce their membership cards every time they enter the Club. Holmes Place is not obligated to let a Member enter the Club without showing his/her membership card. In the case of loss of a membership card, a new membership card will be issued with a new registration number, for a fee according to the current tariff. 


8. Obtaining membership in one of the Clubs qualifies the Member to use only that Club. It is possible to use other Clubs in the “Multi-Club System” but only if Holmes Place includes the Club into the Multi-Club System. Transferring membership between Clubs included in the Multi-Club System is subject to a fee according to the current tariff.  


9. Members using the Multi-Club System are not allowed to use a newly opened Club for the first 14 days after its opening. In that time, Members can use only the Clubs where they are registered. Membership extension is possible with Holmes Place’s consent and is subject to a fee according to the tariff current at the time of the extension.


10. In case of an Agreement concluded outside of Holmes Place premises, the Member has the right to terminate his membership in the first 10 days:

a) from the date of opening of the Club if the Agreement was concluded before the opening of the Club; or 

b) from the date of conclusion of the Agreement if it concerns a Club that is already opened. 

In both cases however, Holmes Place is entitled to the registration fees and the membership fee paid by the Member in the amount proportional to the number of days of membership, which is counted from the date of opening of/membership in the Club until the day of receipt by Holmes Place of the Member’s statement on termination of the membership. 


11. Holmes Place is entitled to terminate the Agreement with immediate effect if the Member behaves violently or in another unacceptable manner, repeatedly violates the provisions of the Agreement, including but not limited to the provisions of the Terms, does not obey the instructions from Holmes Place’s management or Holmes Place’s personnel responsible for the operation of the Club, or his membership fees payment is overdue for more than 7 days. In such case, Holmes Place is entitled to the registration fees and the membership fee paid by the Member in the amount proportional to the number of days of membership, which is counted from the date of opening of/membership in the Club until the day of receipt by the Member of Holmes Place’s statement on termination of the Agreement.

II. FEES:

1. The Member is obligated to pay the registration fee and monthly membership fees in the amount indicated in the Agreement. 


2. If not stipulated otherwise, the registration fee, the membership fee for the first month of membership, and the membership card fee are due upon conclusion of the Agreement. Subsequent monthly membership fees are due by the 5th working day of each calendar month. 


3. Holmes Place is entitled to refuse the Member entry to the Club if his/her membership fees payment is overdue or he/she presented data that would make it impossible for Holmes Place to place the payment order or to collect the fees (depending on the chosen form of payment).


4. If the Member’s membership fee payment is overdue for more than 7 days, Holmes Place is entitled (but not obliged) to terminate the Agreement with immediate effect. In this case, Holmes Place is entitled to the fees as in clause I.11 above. 


5. The membership fees may be paid in the following way: 

a) monthly – in the amount of 1/12 of the yearly membership fee indicated in the Agreement – by credit card (the cards accepted by Holmes Place are: VISA, MASTER CARD, AMERICAN EXPRESS), generated automatically from the given card; or

b) monthly – in the amount of 1/12 of the yearly membership fee indicated in the Agreement – by establishing a direct debit order for the benefit of Holmes Place directly from the Member’s bank account; or

c) as a one-time payment – in the amount of the total membership fee indicated in the Agreement payable at signing the Agreement and at the subsequent anniversaries of the membership.

III. GUESTS:

1. A Guest of Holmes Place is a person who is invited to the club by a Club Member with a paid active contract or a person who has a valid invitation to join the club or a person who uses the Club for a fee according to the price list (the person is verified on the basis of the identity card). Guests can use an invitation no more than one (1) time every 3 months.

2. Holmes Place allows each Club Member to introduce one guest to the Club free of charge not more than one (1) time every 3 months (hereinafter referred to as "Guests"). The Guest must be at least 16 years old. The Guest is obliged to pay a one-time entry fee provided if he / she does not have an invitation.

3. The Guest’s entry to the Club will be charged with a visitor’s fee.

4. The Guest is obligated to obey these Terms, operational rules and instructions from Holmes Place’s management or Holmes Place’s personnel responsible for the operation of the Club. The Member is obligated to inform the Guest about these obligations in time. The Member is obligated to ensure that the Guest leaves the Club at the latest together with the Member. If the Guest violates the operational rules or instructions from Holmes Place’s management or Holmes Place’s personnel responsible for the operation of the Club, the Member will be responsible as for his/her own violation.

5. Holmes Place reserves the right to refuse the Guest entry to the Club, even without stating a reason.

IV. RULES OF SPORT ACTIVITY:

1. Members perform sport activities and take part in training sessions in the Club and use the Club’s equipment and facilities, explicitly at their own responsibility and risk. Holmes Place is not liable for damages incurred by the Member in the Club unless the damages are the fault of Holmes Place, including improper technical condition of the Club’s equipment.


2. Members are not allowed to perform any sport activity in the Club when they are suffering from any health problems, or taking any medications that can in any way influence their physical or mental abilities. 


3. Members are not allowed to use private personal trainers in the Club (except the personal trainers employed in the Club by Holmes Place).


4. Holmes Place reserves the right to limit the time of use of some of the Club’s facilities and equipment (e.g. cardio machines, Power Plate) with respect to the needs of all Club Members.


5. Members are obligated to use towels during their sport activities to ensure the equipment and facilities remain clean.


6. Members are obligated to come on time to scheduled sessions with instructors. It is not permitted to enter the studio after the start of a training session. Members are obligated not to disturb the course of the training session in any way.


7. With respect to possible stronger interest in some training sessions, Holmes Place reserves the right to require prior registration for those courses and to set the terms for the registration.


8. The instructor leading a course is entitled to limit the number of session participants or to ask a Member to leave the session if, in the instructor’s opinion, the studio is overcrowded or the Member does not observe the instructor’s instructions.


9. Members and their guests are obliged to observe the following rules:

• to take a shower before entering the sauna;

• to use deodorants;

• not to shave in the sauna or under the showers;

• not to dry any personal clothing or towels in the sauna.


10. Members and their Guests are not allowed to use the sauna while under the influence of alcohol, substances influencing blood circulation and metabolism in cells, antihistamines, beta-blockers or sedatives. Members suffering from diabetes, heart disease, high or low blood pressure or who are pregnant must consult their doctor before using the sauna.


11. When performing their sport activities, particularly fitness or swimming pool service, Members are obliged to observe the Agreement, including but not limited to the Terms, and instructions of the trainers and personnel of the Club and Holmes Place.

V. LIABILITY

1. Provisions of the Civil Code and any other binding laws apply to Holmes Place’s liability for any personal injury. 


2. Provisions of the Civil Code and any other binding laws apply to Holmes Place’s liability for any material damage to things that are brought by the Member into the Club. 


3. Holmes Place’s liability for things brought into the Club premises does not apply when the Member is in breach of the rule in clause VI.6 below. 

VI. RULES OF BEHAVING IN THE CLUB:

1. Members are obliged to behave decently in the Club, so that they do not disturb other Members. Use of any offensive or vulgar language is strictly prohibited.


2. Members of the Club performing any sport activities must be dressed appropriately in sports clothes and shoes. 


3. Every Member is obliged to be dressed in accordance with the rules of personal hygiene and decent behaviour with regard to a particular place in the Club.


4. Holmes Place reserves the right to set the dress code in the Club and to ask any Member who is not dressed appropriately, in the opinion of Holmes Place or personnel of the Club, to leave the Club. 


5. Smoking is prohibited in all premises of the Club.


6. Members are obliged not to bring into the Club premises money or any other items of high value. If the Member has valuable belongings (e.g. money, jewellery, ID cards, car keys, important documents, mobile phones, computers, etc.) in the Club premises, the Member is obliged to deposit such belongings at reception or in the secure lockers at reception.


7. There are changing room lockers available for Members to store their personal belongings (except money and other valuables) while in the Club premises. Members are obliged to have a padlock for each visit in the Club. When leaving the Club, Members are obliged to vacate their lockers. Lockers not vacated before closing time on any given day may be opened and emptied by responsible personnel of the Club, however the Club will not be liable for anything left in the Club and in particular in the lockers. 


8. Members can also rent a locker to store their personal belongings (except money and other valuables) on a long-term basis.

VII. PERSONAL DATA AND PRIVACY POLICY:

This section defines the rules for the processing and protection of personal data provided by Club Members in connection with their use of membership services in Holmes Place clubs necessary for the performance of mutual benefits.

1. Holmes Place Poland Sp.z o.o. is the administrator of personal data of Club Members. Providing data is voluntarily, however, necessary to conclude a contract for the provision of member services by the Club. The Inspector of Personal Data Protection for Holmes Place is a person who can be contacted in all matters related to the processing of personal data and the use of rights related to this processing. If there is a need to contact the Data Protection Inspector, it is available at the address iodo@holmesplace.pl

2. Personal data will be processed by Holmes Place solely on the basis of the consent granted to the processing of data and solely for the purpose of providing services provided by the Club, handling the complaint process and possible pursuit of claims, as well as for a specific purpose by the personal data administrator.

3. Personal data concerning the Club member's training progress processed as part of access to training progress will be processed only on the basis of the User's consent.

4. Personal data provided to Holmes Place will be stored for the purpose of the service, and after its completion until the resignation of processing personal data. Holmes Place provides the possibility to remove personal data from the collection kept at the email address: rodo@holmesplace.pl

5. Member of the Club, providing his personal data, has the right to access their content, rectify, delete or limit processing, withdraw consent at any time and the right to transfer these data. Processing of personal data of a Member of the Club processed for marketing purposes is based on the legitimate interests of the data controller and therefore the Member of the Club has the right to object to the processing of data for statistical and marketing purposes at any time and to the extent that the processing is related to marketing direct.

6. Holmes Place may refuse to delete personal data if a Member of the Club violated the applicable law, and the retention of personal data is necessary to clarify these circumstances and determine the liability of the Member of the Club by the judicial authorities.

7. Holmes Place protects the personal data provided to it and makes every effort to protect it from unauthorized access or use. The set of collected personal data of Club Members is treated as a separate database in a special security zone ensuring proper protection.

8. Holmes Place does not transfer, sell or lend collected personal data of Club Members to third parties, unless it is done with the explicit consent of the User. Except for the situation in which Holmes Place will provide data in accordance with applicable law or at the request of a court, prosecutor, police or other authorized body, in case of violation of the law by Club Members. Holmes Place reserves the right to disclose the data of Club Law Club members who are in arrears with the payment of membership fees based on the concluded agreement for the recovery of debts. Holmes Place uses the services of an external hosting, mailing and text messaging company that provides its servers for business purposes, thus Holmes Place uses the services of trusted partners who are bound by the entrustment agreement and a confidentiality agreement.

9. Holmes Place with the consent of a Member of the Club may transfer his personal data to the extent necessary for the implementation of the selected method of payment by the Member of the Club to Elavon / Six Safer Payment / Przelewy 24 based in Warsaw. 

10. A Member of the Club has the right to lodge a complaint against the activities of the Administrator violating the principles of personal data processing to the supervisory body for the processing of personal data in the Republic of Poland (GIODO or other authority established for this purpose by the applicable law).

VIII. GENERAL PROVISIONS:

1. Persons under 16 years of age are prohibited from using the Club’s facilities, with the exception of when these Terms specify otherwise or Holmes Place has issued prior written permission. In case of persons between 16 and 18 years of age, the Agreement must be signed by their statutory representative – a parent or legal guardian. 


2. The opening hours of the Club are posted in the premises of the Club. Holmes Place reserves the right to change (extend or shorten) the opening hours as needed.


3. Members are obligated to finish their workout, particularly fitness or swimming, at the latest 30 minutes before the Club’s closing time and to leave the Club at the latest at the closing time.


4. No animals are permitted in the Club.


5. Prices for the use of special equipment or the provision of special services, not included in the relevant type of membership, are subject to the tariff fixed by Holmes Place.


6. Holmes Place reserves the right to refuse membership or entry to the Club for justified reasons and will provide the Member with such reason.


7. Important information is posted on the notice boards in the premises of the Club.


8. Entering the Club under the influence of drugs, alcohol or psychotropic substances is strictly forbidden.


9. Holmes Place bears no responsibility for arranging parking places for Members. Regulations concerning parking places, including parking fees, may change. Parking fees are not included in the registration and membership fees.


10. The Member is obligated to inform the Club of any change in his/her contact address or telephone number.


11. By signing these Terms, the Member confirms that he/she has read and understood them and agrees to the provisions of these Terms and commits themselves to observe them.


12. The concepts “membership” and “Member” are used for the purpose of settling the rights and obligations connected with use of the equipment of the Club and the services provided by Holmes Place. Neither use of these concepts nor conclusion of the Agreement constitute any form of civil or other association of Holmes Place or any other form of co-ownership of any property between Members or between particular Members and Holmes Place.


13. The Club is equipped and monitored with an industrial camera system. The system of Member identification by taking the Member’s photo at the moment of his/her first visit to the Club is used in the Club and the Member accepts it by signing the membership form and these Terms. Holmes Place hereby declares that the photos taken in the Club as above will be used only in order to identify the Members. 


14. I, the undersigned, hereby give my consent for inclusion of my personal data in the computer data base of Holmes Place Poland Sp. z o.o. with its registered office in Warsaw and for their processing according to the content of the act dated August, 29, 1997 on Personal Data Protection (uniform text: Journal of Laws no. 101, item 926 from the year 2002 as amended) with the purpose to execute the agreement on the provision of services in the Holmes Place clubs and for Holmes Place Poland Sp. z o.o. marketing purposes currently and in the future and I give my consent to receive information regarding the Club and other Holmes Place clubs sent to the email address provided by me. I hereby affirm that I have been informed of the right to access my personal data and to make any changes to them. Disclosure of the above mentioned data is voluntary.


15. Holmes Place is entitled to amend these Terms in the following cases: 

a) if there is a change in the conditions of co-operation with the owners or landlords of the premises where the Holmes Place Poland clubs are located;

b) if the global business policy is changed by the capital group of which Holmes Place is a part;

c) if provisions of the law change, which influence Holmes Place’s rendering of the services in the Holmes Place Poland clubs;

d) if it is necessary to change the rules of sport activity or the rules of behaviour in the Club in order to improve the conditions for sport activity or safety of the Members.


16. Holmes Place is entitled to adjust membership fees to reflect any increase in VAT or the application of any new taxes. The Member has the right to terminate the Agreement within 14 days after receiving notice of such a fee adjustment. 


17. Any amendments to the Terms will be notified to the Member in writing by sending the text of the new Terms by post or electronic mail or delivery of the new Terms to the Member in the Club.


18. The Member gives consent to Holmes Place to transfer the rights and obligations resulting from the Terms as well as all individual contracts to another entity, whose core business coincides with the activities of Holmes Place and the conditions of membership in the club shall not be impaired.



19. If the Member refuses to accept the amended Terms he/she has the right to terminate the agreement by written statement submitted to Holmes Place within 14 days from receiving the amended Terms. 


20. For matters not regulated by these Terms, the provisions of the Civil Code will apply. 


Any changes in the Holmes Place registration or address information will not influence the validity of these Terms.


These terms are valid from 18 May 2018. 

General Contractual Terms of 12 Month Membership in Holmes Place Poland: Hilton club, Marriott club and Skorosze club.

These General Contractual Terms of Membership in clubs operated by Holmes Place Poland Sp. z o.o. with its registered office in Warsaw, 63 Grzybowska St., registered by the District Court for the Capital City of Warsaw, XII Commercial Division of the National Court Register under KRS number 0000221325, having tax identification number (NIP) 526-28-23-001, of the share capital: PLN 6,132,500 (“Holmes Place”), provide as follows:

I. MEMBERSHIP IN THE CLUB:

1. Holmes Place operates the fitness clubs (the “Club”) for its members (the “Members”).


2. Membership in the Club commences upon conclusion of the Agreement, which occurs at the date of signing of the membership form and these General Contractual Terms of Membership in the Club (the “Terms”). If the membership form is signed in a pre-sale period before the opening of the Club, then membership will start on the date of the Club’s opening.


3. These Terms also apply to a Member whose membership commences on the basis of a separate agreement concluded between Holmes Place and a third person.


4. Holmes Place entitles the Member to use the facilities and equipment of the Club as well as the services provided in the Club, only under the terms and conditions specified in the Agreement and in these Terms. 


5. The Agreement on membership in the Club is concluded for 12 months. 


6. Membership is bound to the person who is the Member and is not transferable to another person without the prior written approval of Holmes Place. Membership transfer under the above conditions is possible only with payment of a transfer fee according to the current tariff. 


7. Every Member will receive a membership card. The membership card is personal and non-transferable. Members are obligated to produce their membership cards every time they enter the Club. Holmes Place is not obligated to let a Member enter the Club without showing his/her membership card. In the case of loss of a membership card, a new membership card will be issued with a new registration number, for a fee according to the current tariff. 


8. Obtaining membership in one of the Clubs qualifies the Member to use only that Club. It is possible to use other Clubs in the “Multi-Club System” but only if Holmes Place includes the Club into the Multi-Club System. Transferring membership between Clubs included in the Multi-Club System is subject to a fee according to the current tariff.  


9. Members using the Multi-Club System are not allowed to use a newly opened Club for the first 14 days after its opening. In that time, Members can use only the Clubs where they are registered. Membership extension is possible with Holmes Place’s consent and is subject to a fee according to the tariff current at the time of the extension.


10. In case of an Agreement concluded outside of Holmes Place premises, the Member has the right to terminate his membership in the first 10 days:

a) from the date of opening of the Club if the Agreement was concluded before the opening of the Club; or 

b) from the date of conclusion of the Agreement if it concerns a Club that is already opened. 

In both cases however, Holmes Place is entitled to the registration fees and the membership fee paid by the Member in the amount proportional to the number of days of membership, which is counted from the date of opening of/membership in the Club until the day of receipt by Holmes Place of the Member’s statement on termination of the membership. 


11. Holmes Place is entitled to terminate the Agreement with immediate effect if the Member behaves violently or in another unacceptable manner, repeatedly violates the provisions of the Agreement, including but not limited to the provisions of the Terms, does not obey the instructions from Holmes Place’s management or Holmes Place’s personnel responsible for the operation of the Club, or his membership fees payment is overdue for more than 7 days. In such case, Holmes Place is entitled to the registration fees and the membership fee paid by the Member in the amount proportional to the number of days of membership, which is counted from the date of opening of/membership in the Club until the day of receipt by the Member of Holmes Place’s statement on termination of the Agreement.

II. FEES:

1. The Member is obligated to pay the registration fee and monthly membership fees in the amount indicated in the Agreement. 


2. If not stipulated otherwise, the registration fee, the membership fee for the first month of membership, and the membership card fee are due upon conclusion of the Agreement. Subsequent monthly membership fees are due by the 5th working day of each calendar month. 


3. Holmes Place is entitled to refuse the Member entry to the Club if his/her membership fees payment is overdue or he/she presented data that would make it impossible for Holmes Place to place the payment order or to collect the fees (depending on the chosen form of payment).


4. If the Member’s membership fee payment is overdue for more than 7 days, Holmes Place is entitled (but not obliged) to terminate the Agreement with immediate effect. In this case, Holmes Place is entitled to the fees as in clause I.11 above. 


5. The membership fees may be paid in the following way: 

a) monthly – in the amount of 1/12 of the yearly membership fee indicated in the Agreement – by credit card (the cards accepted by Holmes Place are: VISA, MASTER CARD, AMERICAN EXPRESS), generated automatically from the given card; or

b) monthly – in the amount of 1/12 of the yearly membership fee indicated in the Agreement – by establishing a direct debit order for the benefit of Holmes Place directly from the Member’s bank account; or

c) as a one-time payment – in the amount of the total membership fee indicated in the Agreement payable at signing the Agreement and at the subsequent anniversaries of the membership.

III. GUESTS:

1. A Guest of Holmes Place is a person who is invited to the club by a Club Member with a paid active contract or a person who has a valid invitation to join the club or a person who uses the Club for a fee according to the price list (the person is verified on the basis of the identity card). Guests can use an invitation no more than one (1) time every 3 months.

2. Holmes Place allows each Club Member to introduce one guest to the Club free of charge not more than one (1) time every 3 months (hereinafter referred to as "Guests"). The Guest must be at least 16 years old. The Guest is obliged to pay a one-time entry fee provided if he / she does not have an invitation.

3. The Guest’s entry to the Club will be charged with a visitor’s fee.

4. The Guest is obligated to obey these Terms, operational rules and instructions from Holmes Place’s management or Holmes Place’s personnel responsible for the operation of the Club. The Member is obligated to inform the Guest about these obligations in time. The Member is obligated to ensure that the Guest leaves the Club at the latest together with the Member. If the Guest violates the operational rules or instructions from Holmes Place’s management or Holmes Place’s personnel responsible for the operation of the Club, the Member will be responsible as for his/her own violation.

5. Holmes Place reserves the right to refuse the Guest entry to the Club, even without stating a reason.

IV. RULES OF SPORT ACTIVITY:

1. Members perform sport activities and take part in training sessions in the Club and use the Club’s equipment and facilities, explicitly at their own responsibility and risk. Holmes Place is not liable for damages incurred by the Member in the Club unless the damages are the fault of Holmes Place, including improper technical condition of the Club’s equipment.


2. Members are not allowed to perform any sport activity in the Club when they are suffering from any health problems, or taking any medications that can in any way influence their physical or mental abilities. 


3. Members are not allowed to use private personal trainers in the Club (except the personal trainers employed in the Club by Holmes Place).


4. Holmes Place reserves the right to limit the time of use of some of the Club’s facilities and equipment (e.g. cardio machines, Power Plate) with respect to the needs of all Club Members.


5. Members are obligated to use towels during their sport activities to ensure the equipment and facilities remain clean.


6. Members are obligated to come on time to scheduled sessions with instructors. It is not permitted to enter the studio after the start of a training session. Members are obligated not to disturb the course of the training session in any way.


7. With respect to possible stronger interest in some training sessions, Holmes Place reserves the right to require prior registration for those courses and to set the terms for the registration.


8. The instructor leading a course is entitled to limit the number of session participants or to ask a Member to leave the session if, in the instructor’s opinion, the studio is overcrowded or the Member does not observe the instructor’s instructions.


9. Members and their guests are obliged to observe the following rules:

• to take a shower before entering the sauna;

• to use deodorants;

• not to shave in the sauna or under the showers;

• not to dry any personal clothing or towels in the sauna.


10. Members and their Guests are not allowed to use the sauna while under the influence of alcohol, substances influencing blood circulation and metabolism in cells, antihistamines, beta-blockers or sedatives. Members suffering from diabetes, heart disease, high or low blood pressure or who are pregnant must consult their doctor before using the sauna.


11. When performing their sport activities, particularly fitness or swimming pool service, Members are obliged to observe the Agreement, including but not limited to the Terms, and instructions of the trainers and personnel of the Club and Holmes Place.

V. LIABILITY

1. Provisions of the Civil Code and any other binding laws apply to Holmes Place’s liability for any personal injury. 


2. Provisions of the Civil Code and any other binding laws apply to Holmes Place’s liability for any material damage to things that are brought by the Member into the Club. 


3. Holmes Place’s liability for things brought into the Club premises does not apply when the Member is in breach of the rule in clause VI.6 below. 

VI. RULES OF BEHAVING IN THE CLUB:

1. Members are obliged to behave decently in the Club, so that they do not disturb other Members. Use of any offensive or vulgar language is strictly prohibited.


2. Members of the Club performing any sport activities must be dressed appropriately in sports clothes and shoes. 


3. Every Member is obliged to be dressed in accordance with the rules of personal hygiene and decent behaviour with regard to a particular place in the Club.


4. Holmes Place reserves the right to set the dress code in the Club and to ask any Member who is not dressed appropriately, in the opinion of Holmes Place or personnel of the Club, to leave the Club. 


5. Smoking is prohibited in all premises of the Club.


6. Members are obliged not to bring into the Club premises money or any other items of high value. If the Member has valuable belongings (e.g. money, jewellery, ID cards, car keys, important documents, mobile phones, computers, etc.) in the Club premises, the Member is obliged to deposit such belongings at reception or in the secure lockers at reception.


7. There are changing room lockers available for Members to store their personal belongings (except money and other valuables) while in the Club premises. Members are obliged to have a padlock for each visit in the Club. When leaving the Club, Members are obliged to vacate their lockers. Lockers not vacated before closing time on any given day may be opened and emptied by responsible personnel of the Club, however the Club will not be liable for anything left in the Club and in particular in the lockers. 


8. Members can also rent a locker to store their personal belongings (except money and other valuables) on a long-term basis.

VII. PERSONAL DATA AND PRIVACY POLICY:

This section defines the rules for the processing and protection of personal data provided by Club Members in connection with their use of membership services in Holmes Place clubs necessary for the performance of mutual benefits.

1. Holmes Place Poland Sp.z o.o. is the administrator of personal data of Club Members. Providing data is voluntarily, however, necessary to conclude a contract for the provision of member services by the Club. The Inspector of Personal Data Protection for Holmes Place is a person who can be contacted in all matters related to the processing of personal data and the use of rights related to this processing. If there is a need to contact the Data Protection Inspector, it is available at the address iodo@holmesplace.pl

2. Personal data will be processed by Holmes Place solely on the basis of the consent granted to the processing of data and solely for the purpose of providing services provided by the Club, handling the complaint process and possible pursuit of claims, as well as for a specific purpose by the personal data administrator.

3. Personal data concerning the Club member's training progress processed as part of access to training progress will be processed only on the basis of the User's consent.

4. Personal data provided to Holmes Place will be stored for the purpose of the service, and after its completion until the resignation of processing personal data. Holmes Place provides the possibility to remove personal data from the collection kept at the email address: rodo@holmesplace.pl

5. Member of the Club, providing his personal data, has the right to access their content, rectify, delete or limit processing, withdraw consent at any time and the right to transfer these data. Processing of personal data of a Member of the Club processed for marketing purposes is based on the legitimate interests of the data controller and therefore the Member of the Club has the right to object to the processing of data for statistical and marketing purposes at any time and to the extent that the processing is related to marketing direct.

6. Holmes Place may refuse to delete personal data if a Member of the Club violated the applicable law, and the retention of personal data is necessary to clarify these circumstances and determine the liability of the Member of the Club by the judicial authorities.

7. Holmes Place protects the personal data provided to it and makes every effort to protect it from unauthorized access or use. The set of collected personal data of Club Members is treated as a separate database in a special security zone ensuring proper protection.

8. Holmes Place does not transfer, sell or lend collected personal data of Club Members to third parties, unless it is done with the explicit consent of the User. Except for the situation in which Holmes Place will provide data in accordance with applicable law or at the request of a court, prosecutor, police or other authorized body, in case of violation of the law by Club Members. Holmes Place reserves the right to disclose the data of Club Law Club members who are in arrears with the payment of membership fees based on the concluded agreement for the recovery of debts. Holmes Place uses the services of an external hosting, mailing and text messaging company that provides its servers for business purposes, thus Holmes Place uses the services of trusted partners who are bound by the entrustment agreement and a confidentiality agreement.

9. Holmes Place with the consent of a Member of the Club may transfer his personal data to the extent necessary for the implementation of the selected method of payment by the Member of the Club to Elavon / Six Safer Payment / Przelewy 24 based in Warsaw.

10. A Member of the Club has the right to lodge a complaint against the activities of the Administrator violating the principles of personal data processing to the supervisory body for the processing of personal data in the Republic of Poland (GIODO or other authority established for this purpose by the applicable law).

VIII. GENERAL PROVISIONS:

1. Persons under 16 years of age are prohibited from using the Club’s facilities, with the exception of when these Terms specify otherwise or Holmes Place has issued prior written permission. In case of persons between 16 and 18 years of age, the Agreement must be signed by their statutory representative – a parent or legal guardian. 


2. The opening hours of the Club are posted in the premises of the Club. Holmes Place reserves the right to change (extend or shorten) the opening hours as needed.


3. Members are obligated to finish their workout, particularly fitness or swimming, at the latest 30 minutes before the Club’s closing time and to leave the Club at the latest at the closing time.


4. No animals are permitted in the Club.


5. Prices for the use of special equipment or the provision of special services, not included in the relevant type of membership, are subject to the tariff fixed by Holmes Place.


6. Holmes Place reserves the right to refuse membership or entry to the Club for justified reasons and will provide the Member with such reason.


7. Important information is posted on the notice boards in the premises of the Club.


8. Entering the Club under the influence of drugs, alcohol or psychotropic substances is strictly forbidden.


9. Holmes Place bears no responsibility for arranging parking places for Members. Regulations concerning parking places, including parking fees, may change. Parking fees are not included in the registration and membership fees.


10. The Member is obligated to inform the Club of any change in his/her contact address or telephone number.


11. By signing these Terms, the Member confirms that he/she has read and understood them and agrees to the provisions of these Terms and commits themselves to observe them.


12. The concepts “membership” and “Member” are used for the purpose of settling the rights and obligations connected with use of the equipment of the Club and the services provided by Holmes Place. Neither use of these concepts nor conclusion of the Agreement constitute any form of civil or other association of Holmes Place or any other form of co-ownership of any property between Members or between particular Members and Holmes Place.


13. The Club is equipped and monitored with an industrial camera system. The system of Member identification by taking the Member’s photo at the moment of his/her first visit to the Club is used in the Club and the Member accepts it by signing the membership form and these Terms. Holmes Place hereby declares that the photos taken in the Club as above will be used only in order to identify the Members. 


14. I, the undersigned, hereby give my consent for inclusion of my personal data in the computer data base of Holmes Place Poland Sp. z o.o. with its registered office in Warsaw and for their processing according to the content of the act dated August, 29, 1997 on Personal Data Protection (uniform text: Journal of Laws no. 101, item 926 from the year 2002 as amended) with the purpose to execute the agreement on the provision of services in the Holmes Place clubs and for Holmes Place Poland Sp. z o.o. marketing purposes currently and in the future and I give my consent to receive information regarding the Club and other Holmes Place clubs sent to the email address provided by me. I hereby affirm that I have been informed of the right to access my personal data and to make any changes to them. Disclosure of the above mentioned data is voluntary.


15. Holmes Place is entitled to amend these Terms in the following cases: 

a) if there is a change in the conditions of co-operation with the owners or landlords of the premises where the Holmes Place Poland clubs are located;

b) if the global business policy is changed by the capital group of which Holmes Place is a part;

c) if provisions of the law change, which influence Holmes Place’s rendering of the services in the Holmes Place Poland clubs;

d) if it is necessary to change the rules of sport activity or the rules of behaviour in the Club in order to improve the conditions for sport activity or safety of the Members.


16. Holmes Place is entitled to adjust membership fees to reflect any increase in VAT or the application of any new taxes. The Member has the right to terminate the Agreement within 14 days after receiving notice of such a fee adjustment. 


17. Any amendments to the Terms will be notified to the Member in writing by sending the text of the new Terms by post or electronic mail or delivery of the new Terms to the Member in the Club.


18. The Member gives consent to Holmes Place to transfer the rights and obligations resulting from the Terms as well as all individual contracts to another entity, whose core business coincides with the activities of Holmes Place and the conditions of membership in the club shall not be impaired.


19. If the Member refuses to accept the amended Terms he/she has the right to terminate the agreement by written statement submitted to Holmes Place within 14 days from receiving the amended Terms. 


20. For matters not regulated by these Terms, the provisions of the Civil Code will apply. 


Any changes in the Holmes Place registration or address information will not influence the validity of these Terms.


These terms are valid from 18 May 2018.