GRAFIT Club Regulations
(effective from 20 June 2025)
These Regulations constitute a model contract within the meaning of Article 384 of the Civil Code. They define rights and obligations of persons using the services provided in the Club, in particular with regard to a Membership Contract, Single Entry, First Trial Entry, Personal Training with the Club Trainer, as well as persons using the Club on promotional terms or on the basis of a partner program accepted by the Club Owner.
§ 1. GENERAL PROVISIONS
- These Regulations define rights and obligations of persons using the services provided in the gym operating under the name “GRAFIT” (hereinafter referred to as the “Club”), located on the first floor of the Elemental office building in Grodzisk Mazowiecki at ul. R. Traugutta 42a, 05-825 Grodzisk Mazowiecki, owned by Grawiton spółka z ograniczoną odpowiedzialnością with its registered office in Grodzisk Mazowiecki, at ul. Gen. L. Okulickiego 21, 05-825 Grodzisk Mazowiecki, entered into the register of entrepreneurs kept by the District Court for the capital city of Warsaw in Warsaw, 14th Commercial Division of the National Court Register (KRS) under number KRS 0001064222, having NIP 1182016124, REGON 142112826 (hereinafter referred to as the “Club Owner”), in particular of the parties to a Membership Contract into which these Regulations are incorporated.
- In order to exercise rights specified in the Regulations, the Client may contact the Club by traditional mail addressed to: ul. R. Traugutta 42a, 05-825 Grodzisk Mazowiecki, by e-mail sent to the following address: kontakt@grafit.biz.pl, or by calling at +48 509 057 607.
- The Club provides sports and recreational services, in particular the possibility of using the Gym and Personal Training Sessions.
- Detailed terms and conditions under which the Club provides its Clients with the possibility of using the Website available at www.grafit.biz.pl and the Client Zone are specified in the Regulations for the Provision of Services by Electronic Means.
- The Regulations, the Regulations for the Provision of Services by Electronic Means and the Regulations for External Trainers are made available to Clients free of charge via the Website in a form that allows downloading them, saving on a medium, saving and printing; they are also available at the Club Reception.
- A full offer of Gym Passes and Trainer Passes is available on the Club Website at www.grafit.biz.pl and at the Club Reception.
- The equipment used in the Club meets all the requirements applicable to this type of equipment.
- By deciding to use the services provided in the Club after first having read these Regulations, the Client confirms that he/she is aware that his/her health condition allows him/her to use the services offered and is aware that he/she takes part in training and uses the equipment located in the Club at his/her own risk and responsibility.
- The Club is open 24 hours a day, 7 (seven) days a week.
- The Club Reception is open from Monday to Friday from 8:00 a.m. to 9:00 p.m., excluding public holidays.
- The Club may organize promotional campaigns addressed to its Clients and non-Clients, whose terms are each time specified in announcements placed in the Club or on the Website.
- The terms used in these Regulations shall be understood, unless the context requires otherwise, according to the definitions provided below, as well as other definitions contained in the Regulations:
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- Controller – has the meaning assigned to it in § 15 section 1 of these Regulations.
- Price List – a document specifying fees for services provided in the Club, including Gym Passes, Single Entries, Personal Training Sessions, Trainer Passes, goods and other services offered by the Club Owner. The price list is available on the Club Website and at the Club Reception.
- Club Member – a person who has concluded a Membership Contract.
- Membership – is the period of validity of the Pass resulting from the Membership Contract, during which the Club Member is entitled to use the services provided in the Club under the terms and conditions specified in the Regulations and to the extent indicated in the offer for the selected Pass.
- Trainer Membership – the period of validity of the Trainer Pass, during which the External Trainer is entitled to use the technical infrastructure, including devices and equipment enabling holding Personal Training Sessions, in order to provide Personal Training Sessions in the Club to individuals (Clients of the External Trainer) and to use the services provided in the Club.
- Identity Document – a valid document on the basis of which Client’s identity can be established, containing the name and surname and photograph, issued by a public administration authority (in particular an identity card, passport, residence card, driving license), school (school ID, student ID), or another entity authorized to issue documents confirming a specific status of a person (e.g. pensioner ID card, disabled person ID card). Company identification badges are not an Identity Document. An Identity Document is also understood as showing the screen of the Client’s mobile device containing the personal data of that Client displayed using the mObywatel application. In the case of Clients using Partner Cards, the Club Reception Staff has the right to request presentation of a specific document confirming their identity or authorization to use a given type of card, in accordance with the terms of cooperation specified by the card operator.
- Pass – a subscription that entitles its user to use the Club services for a period of 30 (thirty) consecutive calendar days, counting from the start date indicated when purchasing the Pass. The Pass is only available to the person to whom it was assigned, which means that it cannot be transferred or lent to other people. A detailed scope of services covered by the Pass and the terms of its use are determined by the type of subscription selected. The following types of Passes are available:
i. OPEN GYM – Pass valid for 30 (thirty) days, entitles to unlimited use of the Gym for 7 (seven) days a week, 24 (twenty-four) hours a day;
ii. SMART – Pass valid for 30 (thirty) days, entitles to unlimited use of the Gym for 7 (seven) days a week, from 6:00 a.m. to 4:00 p.m.;
iii. MINI – Pass valid for 30 (thirty) days, entitles you to 4 (four) entries, including access to the Gym 7 (seven) days a week, 24 (twenty-four) hours a day.
A detailed scope of services covered by respective Passes as well as terms of their use are specified in the Club’s current offer available on the Website and at the Club Reception. - Trainer Pass – a subscription purchased for the purpose of providing services in the Club by the External Trainer to the Clients of the External Trainer, authorizing the External Trainer to use the technical infrastructure, including devices and equipment located in the Club, in accordance with the current offer of the Club, for the period and under the conditions specified in the Trainer Contract. The following types of Trainer Passes are available:
i. BASIC Trainer Pass – entitles to unlimited entry to the Club for the purpose of holding Personal Training Sessions in the training space for subsequent 30 (thirty) calendar days from the start date indicated during the purchase;
ii. PREMIUM Trainer Pass – entitles to unlimited entry to the Club for the purpose of holding Personal Training Sessions in the training space for the subsequent 30 (thirty) calendar days from the start date indicated during purchase, and also ensures:
– publication of the photo and description of the External Trainer on the Club Website,
– publication of the External Trainer’s telephone number on the Club Website.
A detailed scope of services covered by respective Trainer Passes as well as terms of their use are specified in the Club’s current offer available on the Website and at the Club Reception. - Membership Card or Club Member Card – a document containing information on the rights to use the Club in accordance with the Membership Contract concluded by the Club Member and the Trainer Contract concluded by the External Trainer.
- Single-Use Card – a card issued to persons using the services of the Club on the basis of: Single Entry, First Trial Entry or Personal Training with the Club Trainer, as well as Partner Cards, enabling access to the Gym as well as opening and closing a locker in the changing room. A person receiving the Single-Use Card is obliged to return it after finishing training – directly at the Club Reception or, in the event of leaving the Club after its working hours, in a place designated for this purpose.
- Partner Card or Sports Card – a document issued by partners cooperating with the Club, based on an agreement concluded with it, entitling to use the services provided in the Club. Information on currently accepted Partner Cards is available on the Website and at the Club Reception.
- Client – a natural person having the status of a Club Member or a natural person who is not a Club Member and uses the Club services on another basis specified in the Regulations. The Client may be an adult or a Minor, in accordance with the provisions of § 2 section 1 below.
- External Trainer’s Client – a natural person with the status of a Club Member who uses the services provided in the Club on the basis of the OPEN GYM Pass, for whom the External Trainer provides paid services, i.e. Personal Training.
- Civil Code – the Act of 23 April 1964, the Civil Code (consolidated text: Journal of Laws of 2024, item 1061, 1237, as amended ).
- Consumer – in accordance with Article 22 1 of the Civil Code, means a natural person who enters into a legal transaction with the Club Owner acting as an entrepreneur, that is not directly related to his/her business or professional activity, in particular concluding a Membership Contract for private, recreational or health purposes, and not for commercial purposes.
- Account – a set of resources and permissions assigned to a specific Client or External Trainer in the Client Zone, available after logging in.
- Minor – a person who is over 15 but not yet 18 years of age.
- Club Staff – manager, trainers, instructors, Club Reception staff.
- First Trial Entry – a one-time, free opportunity to use the Club services, available to a person using the Club services for the first time. The right to the First Trial Entry is granted after reading and accepting the Regulations and filling in the data in the form available at the Club Reception, together with expressing consent to the processing of personal data for the purposes indicated in the form. As part of the First Trial Entry, it is possible to use the Gym once.
- Statutory Representative – a person authorized by law to represent a Minor, in particular his/her parent or legal guardian, who acts on his/her behalf, consents to the Minor using the services provided in the Club and is responsible for Minor’s compliance with the Regulations.
- Club Reception – a designated place on the Club premises used to provide services to Club Clients. The last Client (understood as the Client using Single Entry, First Trial Entry or an accepted Partner Card) is served no later than 30 (thirty) minutes before the end of Reception work.
- Regulations – this document specifying rights and obligations of persons using the services provided in the Club.
- Regulations for the Provision of Electronic Services – a document specifying rights and obligations of the Club Owner and the Client in connection with the provision of electronic services by the Club Owner via the Website, including in particular within the functionalities provided in the Client Zone. These Regulations govern the principles of using services provided online, such as registering an Account, logging in to the Client Zone, purchasing Gym Passes, Single Entries, Trainer Passes, making payments and managing purchased services.
- External Trainers Regulations – regulations specifying: rights and obligations of persons (i.e. External Trainers) who have concluded a Trainer Contract with the Club Owner, rules conducting Personal Training Sessions by External Trainers on the premises of the Club, in particular conditions for obtaining consent, organizational obligations, payment terms, and rules liability of the External Trainer. The External Trainers Regulations constitute Schedule No. 1 to the Regulations.
- GDPR – has the meaning assigned to it in § 15 section 2 letter a of these Regulations.
- Gym – a part of the Club dedicated to training, equipped with professional equipment for strength, functional and endurance exercises. It includes, among other things, a free weight zone, strength machines, functional training, cardio and a chillout zone with Wi-Fi access.
- Website – the website of the Club available at www.grafit.biz.pl.
- Client Zone – an electronic service available to Clients and External Trainers after registering and logging into the Account via the Website, containing a set of information used to identify them and enabling access to data regarding the concluded Membership Contract (purchased Passes), Trainer Contract (purchased Trainer Passes), purchased Single Entries and other purchased services, in particular Personal Training. The Client Zone also enables direct purchase of Passes, Trainer Passes and Single Entries, making payments and managing services from among the Club’s offer.
- Club Trainer – a person conducting Personal Training on the premises of the Club, acting on the basis of a civil-law contract concluded with the Club Owner, performing services in the name and on behalf of the Club.
- External Trainer – a person who has concluded a Trainer Contract with the Club Owner for purposes directly related to his/her business or professional activity, the subject of which is:
i. paid use of technical infrastructure, including devices and equipment, in connection with the provision by the External Trainer of paid services, i.e. Personal Training for individuals (Clients of the External Trainer) and
ii. use of the services provided at the Club.
Under the Trainer Contract, the External Trainer acquires a Trainer Membership. By entering into the Trainer Contract, the External Trainer declares that he/she is not a Consumer and agrees that the rights and obligations of both him/her and the Club Owner be determined by the External Trainers Regulations. - Personal Training – individual sports classes conducted by a qualified Club Trainer or External Trainer, tailored to the needs, goals and capabilities of the participant, aimed at improving overall physical fitness, health and achieving the intended training results. Fees for Personal Training conducted by the Club Trainer are specified in the Price List available on the Club Website and at the Club Reception.
- Membership Contract – a contract providing for paid use of services available in the Club, concluded between the Club Owner and the Club Member, under the terms and conditions set out in these Regulations and in accordance with the purchased subscription (Pass).
- Club Services Contract – has the meaning assigned to it in § 15 section 2 of these Regulations.
- Account Management Contract – a contract for the provision of services by electronic means, concluded between the Club Owner and the Client or External Trainer at the time of their registration in the Client Zone, the subject of which is to enable the use of the Client Zone functionalities, under the terms and conditions specified in the Regulations for the Provision of Services by Electronic Means.
- Trainer Contract – a contract providing for paid use of the technical infrastructure, including devices and equipment located in the Club, in connection with the provision by the External Trainer of paid services, i.e. Personal Training for individuals (Clients of the External Trainer) and for the use of services provided in the Club, concluded between the Club Owner and the External Trainer, under the terms and conditions resulting from the External Trainers Regulations and in accordance with the purchased subscription (Trainer Pass).
- Distance Contract – has the meaning assigned to it in § 6 section 1 of these Regulations.
- Act on Consumer Rights – the Act of 30 May 2014 on Consumer Rights (consolidated text: Journal of Laws of 2024, item 1796, as amended ), regulating the rights and obligations of consumers and entrepreneurs in the scope of contracts concluded with consumers, including contracts concluded at a distance or outside business premises, in particular regarding the right to withdraw from the contract without stating a reason within 14 (fourteen) days.
- Single Entry – a service entitling the Client to a single entry to the Gym, under the terms and conditions specified in the Regulations, after the Client has paid a single fee as specified in the Price List, as well as has read and accepted the Regulations.
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§ 2. CLUB MEMBERSHIP AND USE OF CLUB SERVICES
- The following persons can be Clients of the Club:
- An adult person with full legal capacity;
- Minors, only with the written consent of their Legal Representative, provided in person at the Club Reception in the presence of the Club Staff. The Club Staff has the right to verify the details based on an Identity Document. If there are doubts, entry may be refused until verification. A model declaration is available on the Club Website and at the Reception.
- The Legal Representative must sign a declaration of full responsibility for the Minor. The Minor exercises independently, and the Club Owner is not liable for accidents due to non-compliance with safety rules.
- Users may use Club services after:
- Registration in the Client Zone or at the Club Reception and accepting the Regulations;
- Purchasing a Gym Pass or Single Entry in accordance with the Price List;
- Providing written consent of the Legal Representative (for Minors);
- In case of online purchase – services start after withdrawal period unless the Client waives it in accordance with § 6 of these Regulations.
- Clients may also use services based on: First Trial Entry, Partner Card, voucher, or promotional campaign.
- Client data processed may include: name, surname, email, phone number, date of birth.
- Clients using discounts must present an Identity Document. Otherwise, they must pay the price difference. False discounts may result in a contractual penalty or full payment of standard prices.
- Clients must present an Identity Document upon request for data verification.
- Club Members may use services as per the Regulations and purchased Pass.
- Gym Pass or Single Entry can be purchased up to 3 months in advance. Activation is based on the selected date.
- After purchase, Clients receive a Membership Card (valid during the Pass) or Single-Use Card, issued at the Club Reception.
- Only the person assigned to the card may use it. Transfers are not allowed.
- The Club may confirm identity at entry. Entry may be refused without an Identity Document.
- Providing false or incorrect data may result in:
- Loss of right to use services
- Contractual penalty
- Possible legal compensation
- It is strictly forbidden to:
- Enter the Club without a valid Card
- Let others enter without payment
- Unauthorized entry (e.g. without card or letting others in) is considered fraud and may result in:
- Card retention
- Contract termination
- Contractual penalty
- Entry ban
- The Club may report law violations to authorities regardless of the person involved.
- Unauthorized entries may be sanctioned within 30 days of detection.
- Third parties cannot be let into the building outside Reception hours. Only valid cardholders may remain.
- Without a Membership Card, entry may be refused.
- The Club may refuse to sell a Pass or Entry without providing a reason. For online purchases, the service may be denied if rules are violated or false data is provided. In such a case, a refund will be issued.
§ 3. PARTNER CARDS
- Clients using Partner Cards may enter the Club only from Monday to Friday between 8:00 and 20:30, each time upon presentation of the Partner Card and a relevant Identity Document. If no Identity Document is available, the Club cannot be entered.
- Clients using Partner Cards will receive a Single-Use Card each time they enter the Club. These people are obliged to return the Single-Use Card after finishing their training – directly at the Club Reception or, in the event of leaving the Club after its opening hours, at a designated place.
- A Client using a Partner Card is required to confirm his/her presence in the manner accepted for a given Partner Card. Only after registering a visit in the manner described in the sentence above, may this person enter the Club. In the event of refusal to confirm the visit, entry is not possible.
§ 4. SUSPENSION OF THE PASS
- A Client who continuously uses the Club services for at least 90 (ninety) days acquires the right to suspend the performance of the Membership Contract a maximum of 3 (three) times within the next 180 (one hundred eighty) days. Each suspension may cover a period of no longer than 7 (seven) calendar days.
- During the Membership Contract suspension period, the Client cannot use the services provided in the Club on the basis of the Pass, but retains the status of a Club Member. The term of the Membership Contract is extended by the suspension period.
- The Client may suspend or unsuspend the performance of the Membership Contract by submitting a written statement at the Club Reception, by traditional mail sent to the following address: ul. R. Traugutta 42a, 05-825 Grodzisk Mazowiecki or by e-mail sent to the following address: kontakt@grafit.biz.pl.
- Suspension of the rights arising from the Pass takes effect on the day following the Client’s submission of an instruction to suspend the Pass.
§ 5. PERSONAL TRAINING AND TRAINER PASSES
- Conducting training sessions at the Club for another person is only possible in the following cases:
- by the Club Trainer;
- by an External Trainer;
- with the written consent of the Club Owner.
- Conducting Personal Training in cases other than those indicated in section 1 is prohibited. Persons conducting such training must immediately leave the Club upon the request of Club Staff.
- The Club offers Clients Personal Training with the Club Trainer. The current offer is available in the Club Price List. Participation requires booking by phone or in person at the Club Reception.
- The Client must inform the Club of any withdrawal from Personal Training with the Club Trainer no later than 12 (twelve) hours before its start time. Notification can be made by phone or in person at the Club Reception.
- Clients are required to arrive for Personal Training on time. The session time is counted from the agreed start time.
- The Club offers Personal Training with an External Trainer under the following conditions:
- The External Trainer’s Client must obtain Club Membership in accordance with § 2 and have a valid OPEN GYM Card for the duration of training;
- The External Trainer must have entered into a Trainer Contract with the Club Owner.
§ 6. WITHDRAWAL FROM A DISTANCE CONTRACT
- Conclusion by the Client who is a Consumer of:
- a Membership Contract (purchase of a Pass), or
- purchase of a Single Entry via the Client Zone,
is treated as concluding a distance contract within the meaning of the provisions of the Act on Consumer Rights (“Distance Contract”). The Client has the right to withdraw from the Distance Contract without giving a reason within 14 (fourteen) days from its conclusion (i.e. completing the form and making payment).
- Due to the right of withdrawal, the Client may start using Club services only after 14 days from the conclusion of the Distance Contract.
- The Client may start using services earlier, if he/she:
- checks the relevant box in the online form in the Client Zone; or
- submits a written declaration at the Club Reception.
- To withdraw from the Distance Contract, the Client must submit a declaration of withdrawal:
- in writing at the Club Reception,
- by registered mail to: ul. R. Traugutta 42a, 05-825 Grodzisk Mazowiecki,
- via e-mail: kontakt@grafit.biz.pl.
A model declaration is available on the Club Website and at the Reception.
- Refunds will be made using the same payment method unless another method is agreed, which must not incur additional cost for the Client.
- The refund will be made within 14 days of receipt of the withdrawal declaration. If the Client requested access to the Club before the 14-day period expired, the refund will be reduced proportionally for the time the service was available.
- In case of Single Entry purchase, the Client may withdraw from the Distance Contract within 14 days, **provided the service has not yet been used**. Once used, the right of withdrawal expires and no refund will be given.
§ 7. PARKING AREA
- The Club Owner provides the Client with a free, unguarded parking area for the duration of his/her stay at the Club.
- The parking area is open 24 hours a day, 7 days a week. The Club Owner does not guarantee free parking spaces.
- The Client may use the parking spaces only during his/her presence in the Club. In the event of occupying the parking spaces at any other time, the Club Owner reserves the right to tow the vehicle away at the Client’s expense.
- The parking area is intended for passenger cars.
- The Club Owner is not liable for any damage to vehicles located in the parking area or for items left in these vehicles. In particular, the Club Owner is not liable for any damage (including theft, break-ins, robberies) caused by vehicle drivers, other persons present in the parking area or third parties.
- The vehicle user is liable for any damage caused in the parking area, both to the owner of the land and to third parties, as a result of the use of the vehicle.
§ 8. CHANGING ROOM
- Lockers are opened and closed using a Club Member Card or a Single-Use Card.
- The Client may use the lockers provided in the Club only during his/her presence in the Club. If he/she leaves them locked after leaving, the Club reserves the right to open them and remove any items left there, treating them as abandoned by the Client with the intention of getting rid of them.
- The Club will store any items left for a period not longer than 30 (thirty) days, after which the items will be disposed of.
- When leaving the Club, the Client undertakes to leave the locker empty and open.
§ 9. RULES FOR USING THE CLUB SERVICES
- Clients must use all public areas, zones, and devices in accordance with their intended use, following the Regulations, instructions, and Club Staff guidance.
- Devices include safe use instructions available via QR code placed on them.
- Clients using Club services are required to:
- Respect social norms, good conduct, and other Clients; offensive or discriminatory behavior is strictly forbidden.
- Follow Club Staff instructions when using equipment.
- Exercise caution when using devices.
- Read regulations and instructions before use.
- Use devices as intended and according to the instructions.
- Ask Club Staff for help in case of doubts.
- Refrain from using equipment if unsure or if defects are found and report issues immediately.
- Adjust exercise type and intensity to personal capabilities and health; consult a doctor if needed. The Club is not liable for accidents resulting from non-compliance.
- Use gym areas according to purpose and safety/fire regulations. Altering technical equipment or relocating training devices without consent is prohibited.
- Disinfect equipment after use and return it to its place.
- Wear appropriate sportswear and clean, covered indoor shoes. Bathing shoes with non-slip soles must be worn in bathrooms/showers. The Staff may check footwear cleanliness and refuse entry without refund if shoes are inappropriate.
- Use a personal towel.
- Update personal data at the Club Reception if it changes.
- It is strictly forbidden to:
- Smoke tobacco or e-cigarettes;
- Possess or consume alcohol;
- Possess or use drugs/narcotic substances;
- Arrive intoxicated or under the influence of substances;
- Bring dangerous objects, pyrotechnics, or flammable materials;
- Conduct any commercial, marketing or training activity without written consent from the Club Owner;
- Post or leave advertisements/leaflets;
- Bring or distribute prescription drugs or performance-enhancing substances without medical prescription;
- Bring accompanying persons (including children);
- Bring animals.
- Clients under the influence of alcohol or drugs will be denied entry or asked to leave without refund.
- Filming, recording, or taking commercial photos is forbidden without written permission from the Club Owner, who may charge a fee for such activities.
- Clients must maintain proper conduct and cleanliness; obstructing others from using the Club is prohibited.
- Persons violating these Regulations may be asked to leave by Club Staff.
- Before entering the Club or Gym, Clients must read the current information posted in entry areas about sanitary and safety rules.
- Before entering the Gym, Clients must use the designated changing rooms according to § 8 of the Regulations.
- Club opening hours are available on the Website and at the Reception.
- Opening hours may vary, especially on public holidays. The Club Owner will announce such changes in advance. If the Club is closed on a public holiday, Membership validity is extended accordingly.
- The Club may be closed for repairs, maintenance, emergencies, or official decisions. Notices will be posted. If closure exceeds 24 hours, Membership validity is extended by the same number of days.
§ 10. REPORTING FAILURES AND EMERGENCY SITUATIONS
- The Client is obliged to immediately report to the Club Staff any technical faults, breakdowns, potentially dangerous situations or other irregularities observed on the Club premises.
- After Reception opening hours, reports should be directed to the emergency number located at the entrance turnstile.
- The emergency number should be used only for urgent and justified reports, in particular those relating to safety, equipment failure, inability to leave the facility, loss of an access card or other situations requiring immediate response.
- The Client is asked to exercise due care when using the emergency number. Unjustified calls, in particular those resulting from an incorrect assessment of the situation, carelessness or failure to comply with these Regulations (e.g. incorrect use of a locker, leaving items on mechanical devices) may result in the Client being charged with intervention costs or subject to other consequences specified in these Regulations.
- The foregoing does not exclude the Client’s right to contact in the event of a real threat or uncertainty regarding the technical condition of the devices. The Club Owner encourages responsible and conscious use of the provided means of contact.
§ 11. VIDEO MONITORING
- The Club uses video monitoring which covers only designated common areas, including:
- entrances and exits,
- Club Reception,
- circulation routes,
- public training areas.
Monitoring does not cover changing rooms, toilets, showers, or other rooms where Clients may expect privacy.
- Monitoring is used to:
- ensure safety of persons on Club premises,
- protect property,
- maintain order and comfort when using Club services,
- investigate or defend against claims, if necessary.
- The monitoring system is managed by the Club Owner. Records are used exclusively for safety and protection purposes. They may be shared only with authorized entities upon justified written request. Only the administrator has access to the footage.
- Recordings are stored for up to 30 (thirty) days unless they are procedural evidence or may become such – in that case, they are stored until proceedings are concluded.
- Areas covered by monitoring are appropriately marked.
- Entering the Club is voluntary but implies consent to the processing of personal data in the form of image captured by video monitoring.
§ 12. LIABILITY FOR DAMAGE
- The Client is obliged to compensate for any damage caused to the property of the Club Owner or the property of another person using the Club services, as well as for any personal injury caused by his/her own culpable action or omission.
- The Club Owner is not liable for any damage suffered by the Client as a result of behavior of other persons present on the premises of the Club.
- The Club Owner is not liable for damages resulting from the use of devices and equipment in a manner inconsistent with their intended use, contrary to the Regulations, instructions and guidelines of the Club Staff. The Client is fully liable for all the consequences of such action, as well as for the consequences of improper adjustment of the type and intensity of exercises to his/her capabilities and current state of health.
- The Club Owner is not responsible for any Client’s items left on the Club premises.
§ 13. COMPLAINTS
- The Club Owner is liable for non-performance or improper performance of services in accordance with applicable law.
- Clients may submit reservations, complaints, or requests regarding Club services, staff, or compliance with these Regulations in writing:
- by leaving a letter at the Club Reception,
- by registered mail to: ul. R. Traugutta 42a, 05-825 Grodzisk Mazowiecki,
- via e-mail: manager@grafit.biz.pl.
- A written complaint or request must include:
- the Client’s name and surname,
- description of the issue,
- postal or e-mail address for correspondence.
Failure to provide this information may result in the Club Owner being unable to respond.
- The Club Owner will respond in writing or electronically within 14 (fourteen) days from the date of receipt.
- After completing the complaint procedure, a Consumer Client may use out-of-court complaint and claim resolution methods, including:
- requesting ADR proceedings via a competent Voivodeship Inspectorate of Trade Inspection,
- submitting a case to a permanent consumer arbitration court,
- using the free assistance of a municipal or district consumer ombudsman,
- contacting organizations protecting consumer rights (e.g. Consumer Federation, Association of Polish Consumers).
- Use of the above methods is voluntary and requires consent from both parties.
§ 14. TERMINATION OF THE CLUB SERVICES CONTRACT
- Club Services Contracts (regardless of whether concluded at the Club Reception, via the Website or the Client Zone), as referred to in these Regulations, are concluded for a fixed period and expire at the end of the last day of the period for which they were concluded, without the need for the Client to submit separate declarations of intent in this respect; in particular, the Club Membership also terminates at that moment.
- The Client may terminate the Club Services Contract (regardless of whether concluded at the Club Reception, via the Website or the Client Zone) with immediate effect by means of a written statement submitted by the Client at the Club Reception or sent by mail to the following address: ul. R. Traugutta 42a, 05-825 Grodzisk Mazowiecki, in the event of a gross and persistent breach by the Club Owner of the provisions of these Regulations.
- The Club Services Contract (regardless of whether concluded at the Club Reception, via the Website or the Client Zone) is terminated with immediate effect by means of a declaration submitted by the Club Owner or a person authorized by the Club Owner if the Client flagrantly or persistently violates the rules of order specified in the Club or the provisions of these Regulations.
§ 15. PERSONAL DATA PROCESSING PRINCIPLES
- Grawiton spółka z ograniczoną odpowiedzialnością with its registered office in Grodzisk Mazowiecki, at ul. Gen. L. Okulickiego 21, 05-825 Grodzisk Mazowiecki, entered into the register of entrepreneurs maintained by the District Court for the capital city of Warsaw in Warsaw, 14th Commercial Division of the National Court Register under number KRS 0001064222, NIP 1182016124, REGON 142112826 e-mail: manager@grafit.biz.pl is controller of the Client’s personal data is (hereinafter referred to as the “Controller”).
- Clients’ personal data provided in connection with the conclusion of a Club Services Contract – including the Membership Contract, Single Entry purchase contracts or contracts applicable to using other Club services (hereinafter referred to as the “Club Services Contracts”) will be processed by the Controller. This applies to data provided at the Club Reception, via the Website and the Client Zone, in particular as part of registration and acceptance of these Regulations. This data will be processed primarily for the following purposes:
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- making an appointment/booking a Personal Training Session with the Club Trainer, concluding and executing a Club Services Contract. Legal basis: Article 6 (1) (b) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as “GDPR”). Processing period – for the duration of the Club Services Contract and then until the expiry of the limitation period for any claims;
- using legal services, including determination, pursuit of claims or defense against claims, processing is necessary for the purposes of legitimate interests pursued by the Club Owner aimed at providing it with legal protection. Legal basis: Article 6 (1) (f) of the GDPR. Processing period – for the duration of the Club Services Contract and then until the expiry of the limitation period for any claims;
- ensuring the highest quality of services for Clients, including actions related to submitted reservations and complaints – processing is necessary for the purposes of legitimate interests pursued by the Club Owner aimed at the provision of the highest quality of services. Legal basis : Article 6 (1) (f) of the GDPR. Processing period – for the period until the end of handling a relevant case, unless in a specific situation it is necessary to store the data until the expiry of the limitation period for any claims;
- maintaining profiles (fan pages) of the Club on social networking sites and websites, in particular on platforms such as Facebook, Instagram – processing is necessary for the purposes resulting from legitimate interests pursued by the Club Owner, consisting in informing about the Club activities, promoting events, building and maintaining the community of Club Members and conducting communication via available functionalities of the services (e.g. comments, messages). Legal basis: Article 6 (1) (f) of the GDPR. Processing period – until the content is removed from the platform by the Controller or the person who made it available;
- ensuring order, safety of persons and property located on the premises of the Club, as well as Clients’ comfort of stay – processing is necessary for the purposes resulting from legitimate interests pursued by the Club Owner concerning the need to ensure order, safety on the premises of the Club and Clients’ comfort of stay. Legal basis : Article 6 (1) (f) of the GDPR. Processing period – for the period necessary to achieve the indicated purpose, therefore the data from the video monitoring will be stored for 30 (thirty) days from the date of recording and will then be permanently deleted, provided that if the recordings constitute procedural evidence or the Controller has become aware that they may constitute such evidence – the period of their storage is extended until the final conclusion of the proceedings;
- ensuring compliance of business operations with legal regulations, including documenting the provision of services for tax, reporting, statistical, accounting and bookkeeping purposes – processing is necessary to fulfil the legal obligation incumbent on the Club Owner. Legal basis: Article 6 (1) (c) of the GDPR. Processing period – the period required by law, in particular accounting and tax regulations, or until the expiry of the limitation period for claims – depending on which of these periods expires later;
- receiving and processing declarations of withdrawal from the purchase of a Pass or Single Entry via the Website and the Client Zone. Legal basis: Article 6 (1) (c) of the GDPR. Processing period – limitation period for claims.
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- Providing data identifying the Client as a party to the Club Services Contract is necessary for the conclusion and performance of this contract, including the provision of services by the Club Owner. In the event of refusal to provide this data, the Club Services Contract cannot be concluded or performed and the services related to such refusal will not be provided. Failure to provide identification data by persons registering at the Club Reception or on the Website and Client Zone, as well as persons making reservations for Personal Training with the Club Trainer, will prevent making and confirming the registration.
- In the case of Clients using social media such as Facebook or Instagram, their personal data may also be received by other users of these portals visiting the Club fan page, as well as administrators of these portals – according to the rules specified in their privacy policies. Detailed information can be found at the following addresses:
- Facebook: https://www.facebook.com/about/privacy
- Instagram: https://help.instagram.com/519522125107875
- In terms of running a fan page on Facebook and Instagram platforms, the Club Owner acts as a joint data controller together with the entities managing these social networking sites, in terms of collecting statistical data on user activity on the fan page.
- Clients’ personal data may also be processed by the Club Owner for marketing purposes regarding its own services and products, consisting in particular in sending messages electronically to persons who have given their consent – processing based on the consent expressed by the data subject (Article 6 (1) (a) of the GDPR). To the extent that data is processed based on consent, provision thereof is voluntary and the consent may be withdrawn at any time without affecting the lawfulness of the processing carried out on the basis of consent before its withdrawal.
- Personal data comes directly from Clients or from the Club resources (e.g. video monitoring). Your personal data may also be obtained by the Club Owner from external operators and organizers cooperating with the Club in the scope related to the implementation of registration in the Client Zone or making payments.
- Only authorized employees of the Club Owner and entities cooperating with the Club Owner with whom relevant agreements have been concluded have direct access to the personal data of Customers. This applies to companies that provide services for the Club Owner, e.g. companies providing IT support services and supplying software or IT services, companies providing accounting, legal or auditing services, marketing services, companies providing postal and courier services.
- The Controller does not transfer personal data outside the European Economic Area (i.e. the area covering the European Union countries and Norway, Iceland and Liechtenstein).
- The Client has the following rights related to data processing:
- the right to access his/her data,
- the right to rectify his/her data,
- the right to delete data,
- the right to restrict data processing,
- the right to data portability.
- The Client has the right to object to the processing of personal data when its processing is based on the legitimate interest of the Club Owner, in particular when personal data is processed for the purposes of direct marketing and the objection is justified by a special situation.
- The Client has the right to lodge a complaint with the supervisory authority – the President of the Personal Data Protection Office (address: ul. Stawki 2, 00-193 Warsaw).
- Clients’ personal data is not subject to profiling or similar decision-making based solely on automated processing.
- The Club Owner reserves the right to change and supplement these principles and information regarding the processing of personal data, if it is necessary to improve them or adapt them to changing needs, conditions, technical possibilities or changes in legal regulations. The Club Owner will inform about any changes in a clear and unambiguous manner.
§ 16. FINAL PROVISIONS
- The Club Owner reserves the right to make changes to these Regulations and the Price List.
- Information about planned changes will be made available by publishing a new version of the Regulations and/or Price List in a publicly accessible place at the Club Reception and on the Club Website.
- The changes come into force on the date indicated by the Club Owner, not shorter than 14 (fourteen) days from the date of notification of the change in the Regulations or Price List, unless generally applicable laws provide otherwise.
- In exceptional situations, the Club Owner may introduce changes to the Regulations without observing the 14-day deadline, including with immediate effect, if:
- the Club Owner is subject to a legal or regulatory obligation that requires it to change the Regulations in a manner that prevents it from meeting the above-mentioned 14-day period;
- the change is necessary to counteract an unforeseen and imminent threat related to the protection of services provided in connection with the Club Services Contract, Account Management Contract or the protection of Clients or External Trainers against fraud, malware, spam, data breaches or other cybersecurity threats.
- Changes to the Regulations and/or Price List do not affect the rights and obligations arising from the Club Services Contracts concluded before the date of publication of the changes. The Regulations and Price List in force at the time of conclusion of a given contract (e.g. purchase of the Gym Pass) shall apply to such contracts.
- New conditions apply only to Contracts concluded after the date of entry into force of the amended Regulations or Price List.
- Conclusion of a Membership Contract and obtaining access to services provided in the Club on the basis of a Single Entry, the First Trial Entry service, the Partner Card, a voucher or as part of organised promotional campaigns is possible only after the Client has read the content of these Regulations and committed to comply with their provisions.
- The Club Owner is not a party to any code of good practice referred to in Article 2 point 5 of the Act of 23 August 2007 on Counteracting Unfair Market Practices. In the event of becoming a party to such a code, the Club Owner will inform accordingly on the Website and make its content available.
- The Club Services Contract concluded between the Client and the Club Owner shall be governed by Polish law. Any disputes that may arise in connection with its conclusion and performance shall be resolved by a competent court of law.
- Relevant regulations of the Civil Code shall apply to matters not regulated in these Regulations.
- Invalidation of any provision of these Regulations shall not affect validity of the remaining provisions.