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1. The membership at DNS has to be cancelled at the latest eight weeks before the end of the remaining term, namely in written letter format. If this is not carried out in time, the membership will extend for an additional six months and is, again, only cancellable in written format eight weeks at the end of that term. Cancellations via fax or email cannot be accepted. DNS has the same right to cancel. (see paragraph 21).
2. The monthly contribution will be debited in advance from the below mentioned account between the 1 st and the 5 th of each month. The fees for the membership card are a one-time immediate down payment of 23 Euros. The fees for the preliminary use of facilities is 50 cents per day, also to be paid immediately. With your signature you allow DNS to debit the above mentioned fees to your account. If a debit payment cannot be fulfilled, a penalty fee of 6.50 Euros will be added to that month's contribution fees (this includes bank fees and a management cost lump sum). If a monthly contribution is missed, your membership card will be blocked. Training will only be possible again once all missing fees have been paid. If a member of DNS does not pay the monthly contribution for two months, and any reminders sent are ineffective, the entire amount of fees including a 5 Euro penalty fee for the reminders is to be paid immediately. In this case the membership ends with an immediate cancellation of the contract without a written form from DNS. Furthermore, DNS reserves the rights to examine the creditworthiness of a new member, and to look into the new member's ability to fulfill payment requirements. The DNS member accepts with his/her signature a credit check.
3. In case of a negative result from the credit check, DNS will offer a new member to prepay annual contribution as a whole, rather than in monthly payments. If a member does not agree to these payment conditions the contract will be void.
4. In case of loss or damage of the membership card a new membership card will be issued with a cost of 23 Euros. Any loss or damage of a card has to be reported immediately. The cost for the membership card is not a deposit and thus will not be paid back at the end of the contract. A membership card cannot be used be a third party, or given to any other individual. If your card is used by someone else you will be excluded from DNS. Any remaining contractual costs will then have to be paid immediately. Furthermore, a member commits to pay a contract penalty fee of 250 Euros if another person is found using the card. Each member is responsible for his/her membership card and any misuse by a third party which evokes damage and consequences for DNS will still remain the member's responsibility. If another person uses your membership card and the unauthorized person suffers any damage, the member has no right to address any demands to DNS.
5. Every member is responsible for his/her clothes and valuables. DNS does not assume any liability for missing clothes, valuables, or any other article. DNS does not offer locks for the wardrobe.
6. The monthly membership contribution does not include the use of showers. The showers function via a coin-operated machine for six minutes. The cost for six minutes is 50 cents.
7. Each member always has to carry his/her membership card. If you do not have your membership card with you, you will not be grated access to the club rooms.
8. In any case of incapacity a member does not have the right to make any demands of DNS. In cases of inactive periods due to illness or job-related problems with a minimum of a one month period, the member has the opportunity to hand in a written report and medical certificate from a doctor, and this up to a month later. After this time period any missed training time will be credited to the contract period. The same conditions are valid in case of pregnancy. Students have the opportunity to hand in their “certificate of matriculation” in cases of homeland visits (minimum time period for this is also one month), during any “lecture free time”. If DNS accepts the member's reasons for the inactive period, the time period will be added to the contract's term. For every “time-stop”, DNS will charge a service fee of 3.50 Euros. There will be no written form sent to the member. If a member terminates the “time-stop” earlier, he/she will have to pay .50 cents per day, as well as an additional 3.50 Euros service fee.
9. If the DNS member changes his/her main place of residence 30 kilometres (or more) away from the DNS studio, the member has the right to cancel the membership early. This has to be done within a time frame of eight weeks before the move, and by the end of a month. The cancellation has to be in a written format – a cancellation letter has to be sent. Additionally, there has to be verification from the Residents Registration Office proving the change for main place of residence, or in cases of a secondary residence there has to be proof of deregistration. The deadline starts with the receipt of the verification/proof. Cancellations via fax or e-mail will not be accepted.
10. a) DNS has the right to deny members access to the training area and to exclude them from training if there are valid reasons. b) In cases of offences towards house rules or in cases of immoral behaviour DNS has the right to ban the member from the building and to terminate the membership immediately without notice. Additionally, in individual cases, DNS reserves the right to demand payment for costs incurred by the member as compensation. 11. The liability for personal accidents is only valid if the member has company liability insurance. The liability for damage caused by the member to a third party, or damages incurred by the member upon him or herself are excluded from company liability.
12. Claims for damages towards DNS are its executing assistants are excluded, except in the case of intentional or gross negligent conduct.
13. Paragraphs 11 and 12 are especially valid in cases of damage to a member's health, which the member incurred using the exercise machines at DNS. The member is obligated to use the gym equipment independently, carefully and appropriately, as well as taking care of his/her ability levels. 14. a) Being a member of Day and Night Sports automatically includes permission to train at all other DNS studios. b) All courses are contained in the monthly contributions.
15. A membership at DNS is available from the age of 14. If the member is not of full age, the contract has to be authorized by a legal guardian. If the legal guardian accepts the contract, he/she is completely liable for the under-age member. These conditions last as long as the contract is in effect. All members under the age of 16 will require a guardian who is a member and of legal age to serve as the supervisor for the teenager.
16. It is strictly forbidden to bring or use prescription medicine that is not prescribed to the member. Any other pharmaceutical products which raise physical efficiency (anabolic steroids) are also banned. It is strictly forbidden to offer any of these products in return for payment, or to distribute these products freely amongst other gym members. Disregard of these rules will result in the cancellation of the DNS membership immediately. In this instance, all remaining costs for the outstanding contract period have to be paid in full. Depending on individual circumstances, DNS reserves the right to demand costs exceeding those resulting from the regular contractual obligations.
17. A member who enters the “drinking flat rate” option in the contract is free to fill up a DNS bottle with any mineral drink available. Passing on a filled bottle to a third party is prohibited. 18. The member is only allowed to fill a DNS bottle with the mineral drinks provided. In the case of loss of the DNS bottle, the member is responsible for replacement costs for a new DNS bottle.
19. The term of the “drinking flat rate” is applicable for the entirety of the members' contract with DNS. The “drinking flat rate” contract is valid for a minimum of 12 months and requires an additional 8 week cancellation period.
20. The members signature on this contract entitles DNS to debit the required amount for the gym membership and the “drinking flat rate” (if chosen) from the members bank account via monthly debit.
21. In the event of a contract cancellation, the Confirmation of Contract Termination form can be picked up at the DNS studio. There will be no confirmation sent to the member via email.
22. If one or more of the conditions of this contract becomes invalid, there will be no consequences for the remaining conditions. In this case, a replacement condition shall be created to adjust for changing circumstances. Any oral contractual arrangements must be recorded in written form otherwise they are not legally valid. 23. Please look out for the special holiday opening times (notices are on the website: www.day-night-sports.de )
House Rules:
- Every member must comply with the house rules and follow employees' instructions.
- After training, members must empty the wardrobe used in the locker room. In the event of a locker remaining closed, DNS reserves the right to open wardrobes and will retain its contents for a maximum of eight weeks.
- Wilful damage of property in the DNS complex will be repaired at the expense of the guilty party.
- Smoking is banned from the entire DNS complex.
- It is not allowed to bring food into the DNS training area. Instead, a bistro for meals and snacks is provided.
- For safety reasons, members may only bring drinks in plastic bottles into the training area.
- Members are only allowed to enter the training area with the appropriate clothes (sports cloths and clean trainers). During training, members must lay a towel underneath every exercise machine being used. Bags of any kind are not allowed in the training area.
- Used barbells and weight discs must be returned to the rack.
- After each session on a cardio machine, the member must disinfect the machine with the disinfectant and cloths provided.
- Mobile phone usage in the training area is not allowed.
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