Grafit club regulations for external trainers

These Regulations for External Trainers (hereinafter referred to as the “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 by the Club as an External Trainer (hereinafter referred to in this document as the „Trainer”).

Definitions used in these Regulations shall have meanings adopted in the Grafit Club Regulations, available on the Club Website or at the Reception, unless a different meaning of relevant terms is expressly defined herein.

1. These Regulations define rights and obligations of Trainers using the services provided in the Club run by Club Owner.
2. In order to establish cooperation between the Trainer and the Club Owner, the Trainer must read and accept the terms specified in the Grafit Club Regulations and in these Regulations.
3. In order to exercise the rights specified in the Regulations, the Trainer 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.
4. The Regulations are made available 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.
5. By deciding to use the services provided in the Club for Trainers, after first having read these Regulations, the Trainer confirms that he/she is aware that the Club is not liable for his/her activities for third parties to whom he/she offers services in the form of Personal Training and that he/she uses the equipment located in the Club at his/her own risk and responsibility.

1. Only an adult person with full legal capacity can be a Trainer.
2. The Trainer has the right to use the Club’s offer under the terms and conditions specified in the Regulations, in the Grafit Club Regulations and in the Trainer Contract, in the manner and to the extent resulting from the purchased Trainer Pass.
3. The Trainer may use the services provided by the Club if he/she meets all of the following conditions:
   1. has created an Account in the Client Zone via the Website or at the Club Reception and confirmed to have read and accepted the Regulations and the Grafit Club Regulations;
   2. has a valid Trainer Pass and has paid for it in accordance with the Price List;
   3. a person who is trained by the Trainer is a Club Member as specified in the Grafit Club Regulations and has an OPEN GYM Pass valid during the period of a given training session.
4. In order to properly provide services, the Club Owner may process the following Trainer’s data: name, surname, e-mail address, telephone number, address of residence, and PESEL number, if the Trainer has one. At the request of the Club Staff, the Trainer is obliged to present an Identity Document in order to verify the data.
5. The Club offers the following types of Trainer Passes entitling the Trainer to use technical fittings, including devices and equipment located in the Club, in accordance with the Club’s current offer, for the period and under the terms specified in the Trainer Contract:
   1. BASIC Trainer Pass – entitles to unlimited entry to the Club for the purpose of conducting Personal Training in the training space for the period of subsequent 30 (thirty) calendar days from the start date indicated during the purchase;
   2. PREMIUM Trainer Pass – entitles to unlimited entry to the Club for the purpose of conducting Personal Training in the training space for the period of subsequent 30 (thirty) calendar days from the start date indicated during purchase, and also ensures:
      – publication of a photo and description of the External Trainer on the Club Website,
      – publication of the External Trainer’s telephone number on the Club Website.

   Detailed conditions for publishing information on the Website are provided in § 3 below.

6. After registering in the Client Zone or at the Club Reception and purchasing the Trainer Pass, the Trainer receives a Membership Card at the Club Reception (active for the term of the Trainer Pass validity).
7. Trainer’s rights to use the Club services, resulting from the holding of a Membership Card, are personal and cannot be transferred to other people. Club services can only be used by a person to whom the card was assigned in the Club system. The Club reserves the right to confirm the identity of the Trainer and his/her client before entering the Club or within its premises by means of verifying the Identity Document. If no Identity Document is available, the Club Staff shall have the right to refuse entry to the Club.
8. The Club may deprive the Trainer of the right to use the Club services with immediate effect if he/she provides false, incorrect or questionable personal or contact data. In such a situation, the Trainer is obliged to pay a contractual penalty in an amount corresponding to the equivalent of the purchased but unused services assigned to his/her Membership Card. This penalty will be deducted from the Trainer’s claim, if any, for the return of unused funds. The Club Owner reserves itself the right to seek compensation exceeding the amount of the stipulated penalty in accordance with general rules of law.
9. It is strictly forbidden to enter the Club premises in any other way than by applying an active Membership Card by an authorized person (i.e. the Trainer assigned to a given card) and independently releasing the turnstile or entrance gate lock. It is strictly forbidden to allow third parties to enter the Club premises without paying the required fees.
10. Passing the entrance gate in a manner other than that specified in section 9 above, in particular entering without using an active Membership Card assigned to the person entering, as well as allowing an unauthorized person to enter, is treated as unauthorized entry and attempted fraud. In such a situation, the Club Owner may apply the following sanctions to the Trainer:
    1. non-refundable retention of the Membership Card by the Club Staff;
    2. termination of the Trainer Contract with immediate effect due to the fault of the Trainer;
    3. removing the Trainer from the Website if his/her details have been posted there;
    4. charging the Trainer with a contractual penalty in the amount equivalent to the value of purchased but unused services assigned to his/her Membership Card, which will be deducted from the claim for the refund of unused funds;
    5. ban on entry to the Club for a specified period of time.

    The Club Owner reserves itself the right to seek compensation exceeding the amount of the stipulated penalty in accordance with general rules of law above.

11. The Club Owner reserves itself the right to notify relevant law enforcement authorities of any case of violation of law, including in particular any offence related to the unauthorized use of the Club services, regardless of whether such act was committed by the Trainer or a third party.
12. The Club Owner reserves itself the right to monitor cases of unauthorized entry to the Club premises, including in particular entry without an active Membership Card, and to apply the sanctions specified in section 10 above within 30 (thirty) days from the date of identifying the violation.
13. For safety reasons, it is strictly forbidden to allow third parties to enter into the building where the Club is located outside of the opening hours of the Reception.
14. If no Membership Card is available, the Club Staff may refuse the Trainer to enter to the Club premises.
15. The Trainer is obliged to conduct training sessions with respect for privacy and generally accepted rules of social coexistence, standards of good conduct and respect towards other people staying on the premises of the Club, in particular by not preventing other people from using the services of the Club; it is unacceptable to hinder or prevent other Clients from using the Club.
16. The Club Owner reserves the right to refuse to sell the Trainer Pass to the Trainer at the Club Reception without having to provide a reason. In the event of a purchase made via the Website and the Client Zone, the Club Owner reserves the right to refuse to provide the service and not allow the Trainer to enter the Club if there are justified grounds for refusing to provide the service, in particular related to a violation of the Regulations, the Grafit Club Regulations, safety rules, or providing false data during registration. In such a situation, the Trainer is entitled to a refund of the fee paid for the unused service.

1. In order to publish a photo and description of the Trainer on the Club Website, the Trainer is obliged to send the following information no later than 4 (four) business days before the indicated start date of validity of his/her first Trainer Pass to the following e-mail address: manager@grafit.biz.pl:
   1. a profile photo taken against the background of a roll-up with the Club logo, which is located in the Club and is available during the opening hours of the Club Reception. The photo should be in the JPG or PNG file format, minimum resolution: 400 x 400 pixels (a square), framing: central, with a visible face and upper body (from the waist up).
   2. information about the Trainer including: the Trainer’s name, the main slogan distinguishing the Trainer, phone number, description. A model publication on the Website is shown below in Figure 1.
2. The Club Owner will place the information about the Trainer on the Website no later than within 3 (three) business days of receiving the correct data from the Trainer, provided that the Club Owner has the right to modify it in order to adapt the style and method of presenting the information to other content published on the Website.
   
3. If the Club does not place the information on the Website within the specified time, the Trainer shall have the right to request a delay of the start date indicated during the purchase of the Trainer Pass until the date of publication. If the Trainer has not sent a correct description within the time specified above, i.e. 4 (four) business days before the start date of the Trainer Pass, the start of the Trainer Pass will not be delayed.
4. The Trainer confirms and acknowledges that the information about the Trainer is placed on the Website only during the validity period of his/her Trainer Pass. After the expiry date, the content is deleted. In the event of another publication, provisions of sections 1-3 above shall apply.
5. Pursuant to Article 81 (1) of the Act of 4 February 1994 on Copyright and Related Rights, the Trainer consents to the free-of-charge use, recording, reproducing, distributing, copying, processing, developing, disclosing in public – on any media and using any techniques – of his/her image in the form of photographs taken for the purposes of cooperation with the Club, in particular for the purpose of promoting him-/herself and his/her activity as a Trainer, as well as promoting the activities conducted in the Club.
6. The Trainer’s image may be used without time and territorial restrictions, in particular in the following forms:
   – publication on the Website and in social media on the Club profile (including Facebook, Instagram),
   – use in advertising, promotional and information materials of the Club (both printed and digital),
   – presentations, campaigns and other marketing activities related to the promotion of the activities conducted in the Club and the activities of the Trainer.
7. The Trainer consents to the combination of his/her image with other images, text and the use of his/her image in various graphic and editing forms, with due care for his/her dignity and good name.
8. The consent referred to above is non-exclusive, free of charge, not limited in time or territory, and also covers cases of using the image for the purposes of promoting the Trainer as a person cooperating with the Club Owner.
9. In the event of withdrawal of this consent, the use of the image that took place before the date of the withdrawal shall be valid and will not involve the necessity for the Club Owner to take actions resulting in removal of already distributed materials with the image of the Trainer. At the same time, the Trainer waives the rights related to the control and approval of each use of materials with his/her image, as long as it is used in accordance with these provisions.

1. The Club shall be liable for non-performance or improper performance of services provided in the Club in accordance with generally applicable legal regulations.
2. Any reservations regarding the work of the Club and its services, complaints regarding the compliance of the services provided with the Trainer Contract or these Regulations, as well as other complaints and requests may be submitted by the Trainers in writing by leaving a letter at the Club Reception, by registered mail sent to the following address: ul. R. Traugutta 42a, 05-825 Grodzisk Mazowiecki or by e-mail sent to the following address: manager@grafit.biz.pl.
3. A Trainer’s letter regarding a complaint, claim or application should include the name and surname, description of the matter and the correspondence address or e-mail address to which the Club Owner should respond, otherwise there will be no possibility to provide a response.
4. The response to complaints, claims and requests will be provided in writing to the provided correspondence address or electronically to the provided e-mail address within 14 (fourteen) days from the date of receipt thereof.

1. Trainer Contracts (regardless of whether concluded at the Club Reception, via the Website or the Client Zone) referred to in these Regulations shall be 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 Trainer to submit separate declarations of intent in this respect; in particular, the Trainer Membership in the Club shall also expire at that moment.
2. The Trainer may terminate the Trainer Contract (regardless of whether concluded at the Club Reception, via the Website or the Client Zone) with immediate effect by means of a written declaration submitted by the Trainer at the Club Reception or 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 or the Grafit Club Regulations.
3. The Trainer Contract (regardless of whether concluded at the Club Reception, via the Website or the Client Zone) shall be terminated with immediate effect by means of a declaration submitted by the Club Owner or a person authorized by the Club Owner, in the event of a gross and persistent breach by the Trainer of the rules of order specified in the Club or the provisions of these Regulations or the Grafit Club Regulations.

1. Grawiton spółka z ograniczoną odpowiedzialnością with its registered office in Grodzisk Mazowiecki, at ul. 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, 14^th 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 Trainer’s personal data is (hereinafter referred to as the “Controller”).
2. Trainers’ personal data provided in connection with the conclusion of the Trainer Contract – 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:
   1. conclusion and performance of the Trainer Contract. Legal basis : Article 6 (1) (b) of the GDPR. Processing period – for the duration of the Trainer Contract and then until the expiry of the limitation period for any claims;
   2. 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 Trainer Contract and then until the expiry of the limitation period for any claims;
   3. ensuring the highest quality of services for Trainers, 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;
   4. 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 Trainers, and conducting communication via available functionalities of the websites (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;
   5. ensuring order, safety of persons and property located on the premises of the Club, as well as Clients’ and Trainers’ 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’ and Trainers’ comfort of stay. Legal basis: Article 6 (1) (f) of the GDPR. Processing period – for the period necessary to achieve the indicated purpose, and 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 it may constitute such evidence – the period of its storage shall be extended until the final conclusion of the proceedings;
   6. 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;
   7. processing the image of the Trainer (including photographs) for the purposes related to the promotion of his/her professional activity and the activity conducted in the Club, in particular by publishing the image on the Club Website, in social media, promotional or information materials – processing is necessary for the purposes resulting from legitimate interests pursued by the Club Owner consisting in the promotion of services provided in the Club and supporting activities of Trainers cooperating with the Club Owner. Legal basis: Article 6 (1) (e) of the GDPR. Processing period – until an objection is filed or consent is withdrawn, if it has been granted.
3. Providing data identifying the Trainer as a party to the Trainer 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 Trainer Contract cannot be concluded or performed, and the services related to such refusal will not be provided.
4. In the case of Trainers 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:
   1. Facebook: https://www.facebook.com/about/privacy
   2. Instagram: https://help.instagram.com/519522125107875
5. As regards the 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.
6. Trainers’ 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.
7. Personal data comes directly from Trainers or from 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.
8. 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 Trainers. This applies to companies that provide services to 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.
9. 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).
10. The Trainer has the following rights related to data processing:
    1. the right to access his/her data,
    2. the right to rectify his/her data,
    3. the right to delete data,
    4. the right to restrict data processing,
    5. the right to data portability.
11. The Trainer 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.
12. The Trainer 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).
13. Trainers’ personal data is not subject to profiling or similar decision-making based solely on automated processing.
14. 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.

1. The Club Owner reserves the right to make changes to these Regulations.
2. Information about planned changes will be made available by publishing a new version of the Regulations in a publicly accessible place at the Club Reception and on the Club Website.
3. The changes shall come into force on the date indicated by the Club Owner, not shorter than 14 (fourteen) days from the date of announcing a change to the Regulations, unless generally applicable laws provide otherwise.
4. In exceptional situations, the Club Owner may introduce changes to the Regulations without observing the 14-day deadline, including with immediate effect, if:
   1. 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;
   2. the change is necessary to counteract an unforeseen and imminent threat related to the protection of services provided in connection with the Trainer Contract, as well as other contracts providing for access to the Club services, protecting Clients or Trainers against fraud, malicious software, spam, data breaches or other cybersecurity threats.
5. Changes to the Regulations shall not affect the rights and obligations arising from Trainer Contracts concluded before the date of publication of the relevant changes. The Regulations in force at the time of conclusion of the given contract (e.g. purchase of the Trainer Pass) shall apply to such contracts.
6. New conditions shall apply only to Trainer Contracts concluded after the date of entry into force of the amended Regulations.
7. Relevant regulations of the Civil Code shall apply to matters not regulated in these Regulations.
8. Invalidation of any provision of these Regulations shall not affect validity of the remaining provisions.