Terms and conditions of use

The present contract is signed between the company FitNest Sàrl (hereinafter referred to as "FitNest" or "The Company") and You (hereinafter referred to as "the Member").

Benefits: The subscription gives the right to access the fitness room located at 61 Avenue Pasteur in L-2311 Luxembourg and this, exclusively for personal training sessions supervised by our professional coach. It also gives the right to use all the equipment and materials there but always and only during the sessions with our professional coach.

Subscription : The subscription contract is nominative. Under no circumstances can it be shared with a third party. FitNest Sàrl reserves the right to refuse a new member without having to justify itself.

Conditions related to age: The Member certifies that he/she is of age. Minors will have to provide a parental authorization.

General terms and conditions update : The Member accepts that updates of the general terms and conditions will be communicated to him via email and via posting on the FitNest.lu website. Without objection from the Member within 20 working days, these new terms and conditions will be deemed accepted.

Code of Conduct: The Member agrees that updates to the code of conduct will be communicated to him/her via email and via posting in the gym. If the Member does not object within 20 business days, the new code of conduct will be deemed accepted.

Privacy Policy: The Member agrees that updates to the privacy policy will be communicated to him/her via email and via posting on the FitNest.lu website. If the Member does not object within 20 business days, the new privacy policy will be deemed accepted.

Cookies: The Member agrees that the FitNest website uses cookies. This list may change depending on the services provided and the technology. The list of cookies used is described on the FitNest.lu website. Unless the Member objects in writing, the use of cookies is deemed accepted.

Termination at the initiative of the club: The subscription can be terminated by right at the initiative of the club:

In the event that the Member's attitude or behavior is contrary to good morals, or causes a serious inconvenience to other Members or does not comply with this contract or the rules mentioned above.
In case of non-payment.: the Member will be liable for the remaining months due until the end of the subscription period mentioned on the contract.

Payment & late payment: The Member agrees to pay for his or her membership or sessions in accordance with the terms of the contract. It is the Member's responsibility to ensure payment, even in the case of direct debit by the Company. In the event that payment is not madé on time, the Member will be denied access to the room until the amount due is regularized.

Extension : A deferment of subscription may be granted to the Member for medical reasons (upon presentation of a medical certificate). The subscription can be suspended for a minimum of 1 and maximum of 6 months (9 months for pregnancy) and will be automatically reactivated at the end of this period. No postponement will be granted́ retrospectively.

Transfer of subscription: It is possible to transfer one's subscription to a third party. To proceed with the transfer, the Member who wishes to transfer must notify The Company of his or her intention and communicate the information concerning the new Member. The new Member must accept the membership contract, and will take over the current subscription, valid for the duration initially provided in the original contract. It is the responsibility of the Member who wishes to leave to find the new Member. However, the Company reserves the right to refuse the proposed new Member at its discretion.

Exceptional Termination: Exceptional termination is granted if the Member leaves the country.

Exceptional Closure: In the event of an imposed closure of the rooms (e.g. due to Covid), any active membership will be frozen. Future invoices and end date will be postponed for the duration of the closure.

Price Changes: Prices are guaranteed for the duration of the contract. The rate may be revised at the time of subscription renewal. In this case, the Company will inform the Member by email, at least 1 month before the implementation of the new price.

Communication: The Company communicates only by email and declines any responsibility if the email address does not exist, is not valid or if for any reason the emails do not arrive.

State of health: The practice of sports must always be adapted to your state of health and your physical capacities. Before starting a training program with FitNest, you agree to consult your doctor and to verify that your training is adapted to your health condition. Throughout your training sessions with FitNest, it is your responsibility to inform our coach of any illness, disease, medication, treatment or any other physical problem, present or past, that could constitute a contraindication to the practice of sports. By registering with FitNest and throughout your sports sessions, you agree to inform us if you wear medical prostheses. Our coach will adapt the sessions to your capacities, nevertheless it is your responsibility to inform him/her at the beginning of the sessions and throughout the session of your state of fatigue and to ask him/her, if necessary, to lengthen the recovery time or to interrupt the session if you feel the need. Fitness offers the use of specific equipment and technologies such as Mihabody-Tec. The use of these tools must always be done under the control of our coach who will ensure their proper use. FitNest is not responsible for any damage to persons or equipment that may be caused by your use of these tools outside the control of the coach or your failure to follow the instructions for use. You understand that any sport practice, even if well directed, involves rare but sometimes unavoidable risks of accidents, such as falls, injuries, sprains and you understand that neither FitNest nor our coach can be responsible for these accidents.

Insurance: The Member confirms that he/she has taken out an insurance policy covering him/her for bodily injury in the event of an accident or incident during his/her training. The Company shall not be liable for any misrepresentation made by the Member as to his/her physical condition or for any injury resulting from an incapacity, diminution or any other alteration of his/her physical condition.

Member's Liability: The Member is responsible for any damage to property or bodily injury caused by him/her in the room and agrees to pay all costs associated with such damage, upon presentation of an invoice or written statement.

Disclaimer: The Member acknowledges that he/she is aware of the risks involved in using the facilities to which he/she has access within The Company. It is the Member's responsibility to inform himself/herself about the use of the facilities made available to him/her. FitNest Sàrl cannot be held responsible for any physical or material damage, following any accident resulting from the non-observance of the safety rules or the inappropriate use of the equipment or other facilities.

Jurisdiction and applicable law: Any dispute between the Member and the Company concerning these terms and conditions of sale, access to the room, use of the facilities is under the jurisdiction of the courts of Luxembourg.

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