Terms & Conditions

1. Purpose of the contract :

After visiting the Club’s facilities and familiarizing himself/herself with the services offered, the Subscriber declares that he/she has signed a CLARK POWELL subscription contract (hereinafter the “Contract”) in his/her name and non-transferable, authorizing him/her to use the self-service facilities with unlimited access within the limits of opening hours, as part of the basic package including: Locker rooms and showers, free weight training and guided weight training and according to the price and financial terms indicated at the time of subscription. The Subscriber is informed that each Club is free to propose special conditions. Any such special conditions will be sent to the Subscriber before the Club signs the Subscription Contract.

2. CLARK POWELL contract :

For an indefinite period: Contracts offered by CLARK POWELL are concluded for an indefinite period. A minimum of 1 month’s subscription is required before the contract can be terminated. After this period, the Subscriber may terminate the contract at any time and for any reason, subject to 30 days’ notice. Once the Contract has been signed, the Subscriber is issued with a card. For the duration of the Contract, the price fixed herein is guaranteed in constant euros (except in the event of a change in the VAT rate). Monthly payments will be made either by SEPA mandate or by credit card authorized by the customer. By signing the proposed contract and the SEPA mandate, you authorize CLARK POWELL to send instructions to your bank to debit your account in accordance with your banking agreement. In the event of a change in bank details, CLARK POWELL reserves the right to temporarily deactivate the membership card until the member provides full details together with the signed direct debit mandate. The Club reserves the right to request a credit card imprint. This credit card will never be debited unless the Subscriber cancels his or her contract before the first month (except in cases of force majeure as provided for in article 8), or in the event of payment incidents to recover sums due, or in the event of non-payment of the month’s notice. “The Subscriber accepts that the Club may debit the credit card in the event of non-payment of membership fees or of the month’s notice in the event of termination. This debit will be made after a formal notice has been sent and has remained without effect for eight (8) days.

3. Conditions of access:

With a valid membership card, the Member is authorized to enter the Club premises and use the facilities within the posted opening hours. Membership cards are compulsory. Depending on the membership chosen, this card can be used to invite a second person from 9am to 9pm. The person must be admitted by a Clark Powell staff member. The loss of a Subscriber’s card will incur a €5 (five euro) charge, to be paid on the day the new card is issued. Opening hours may not be changed without good reason. The Subscriber will be informed of any changes (e.g. closure during renovation work, cases of force majeure, etc….). The Member undertakes to adopt a correct attitude and dress towards everyone in all circumstances, and to establish relations based on respect for others (see Internal Regulations at the club entrance and on the TVs present). The Subscriber declares that he/she has read and understood the internal regulations.

4. Medical certificate :

The Subscriber is required to produce a medical certificate enabling the Club to advise the Subscriber on the sporting activities offered. Failing this, the Subscriber declares that his/her state of health allows him/her to take part in the sporting activities offered by the Club, and more particularly to use the services, equipment and facilities. The Subscriber declares that he/she is not suffering from any illness, particularly cardiac or respiratory, injury or physical incapacity of such a nature as to prevent him/her from practicing the activities and services covered by the Contract. Persons prone to epileptic seizures or other pathologies likely to complicate the intervention of medical and rescue teams must expressly inform the Club. The Subscriber declares that he/she has been informed of and is aware of the risks involved in taking part in CLARK POWELL Club sporting activities. In any event, the present article 4 does not release the Club from any of its obligations to provide information and advice.

5. Civil liability/bodily injury :

The Club is insured for damage involving its civil liability and that of its staff and Members, in accordance with Article L.321-1 of the French Sports Code. The purpose of this insurance is to cover the Club against the pecuniary consequences of civil liability incurred in respect of damage caused to others as a result of its operations: bodily injury and property damage. For their part, Members are invited to take out a personal civil liability insurance policy, covering them for any damage they may cause to third parties, through their own fault, during the Club’s activities. In accordance with Article L.321-4 of the French Sports Code, the Club informs the Subscriber of the benefits of taking out a personal insurance policy.

6. Checkroom and depot :

The Subscriber may use individual lockers with a traditional lock, the use of which is limited to the duration of the session. If the Subscriber uses an individual locker with a traditional lock, the Subscriber is obliged to obtain a padlock in order to be able to close it. The padlock is and remains the property of the Subscriber. The locker used by the Subscriber is considered as a free loan for the duration of the session. Members are expressly reminded that the locker rooms are not subject to any specific surveillance, and are therefore recommended not to store valuables in them. The Subscriber may not hold CLARK POWELL liable for any theft, vandalism, damage or loss suffered by his/her vehicle in the parking lots made available to him/her. It is strictly forbidden to leave personal belongings inside lockers after leaving the club. Each evening, the locks will be systematically cut without the member being able to claim any compensation.

7. Termination and non-renewal of the contract :

7.1. At the Subscriber’s initiative :
The contract may be terminated at any time at the Subscriber’s initiative. The Subscriber has the right to terminate the contract unilaterally by registered letter with acknowledgement of receipt (sent to the address of the registration club) from the 2nd month of the subscription, after any outstanding payments have been settled. The notice period is 30 days, starting on the first day of the month following dispatch of the registered letter. To be definitively valid, termination at the member’s initiative must be followed, at the end of the 30 (thirty) days starting on the first day of the following month, by the return of the membership card to the original club. Failing this, direct debits will continue to be made until the member’s access card is returned.
7.2. Club initiative:
The Club has a unilateral right of termination, which it may exercise by registered letter with acknowledgement of receipt, subject to one month’s notice. The Subscriber must then return the membership card to the Club at the latest at the end of the month’s notice, which is contractually due and will be debited (or a cheque cashed). In addition, membership may be terminated by the Club without notice or compensation in the event that the attitude, behavior or dress of the Member is contrary to good morals, or causes a disturbance to the smooth running of activities or public order, or causes a serious nuisance to other Members, or does not comply with this contract or the Club’s internal regulations. This right of automatic termination must be preceded by an adversarial discussion with the Member, during which the Member will have the opportunity to contest the measure and justify his or her behavior. If the Club is not convinced by the reasons given by the Subscriber, the subscription will be terminated (after any outstanding payments have been settled). However, if the Club’s decision to terminate the subscription is not acceptable to the Subscriber, the latter may have recourse to mediation in accordance with article L 612-1 of the French Consumer Code.

8. Force majeure :

The Subscriber acknowledges that the Contract entitles him/her to use the Club’s facilities and to benefit from the services set out above. In the event of definitive non-use of this right for reasons of force majeure: for health or professional reasons, or in the event of relocation (more than 20km from a CLARK POWELL center), the Subscriber may request termination of the Contract by registered mail with acknowledgement of receipt, addressed to the Club. Cancellation is effective upon receipt of the cancellation request accompanied by the subscription card and supporting documents. For health or professional reasons, this means that the Subscriber is permanently unable to use the Club’s services. The Club reserves the right to verify by any means the veracity of the documents presented by the Member to justify this definitive impediment. For any cause of non-definitive impediment (greater than 1 (one) month) related to the Subscriber’s health or to professional reasons (not including annual leave), not falling within the above-mentioned cases, the Subscriber may benefit from a suspension of the subscription for the duration of the impediment, on the express condition that the Subscriber informs the Club in advance within a maximum of 7 days following the suspension and pays 5.45€ per month in bank charges, and the subscription will continue once the impediment has ended. In any event, and at the end of the Incompressible Period, the Subscriber remains free to terminate the Contract at his or her discretion, in accordance with the present article, after any outstanding payments have been settled.

9. Data protection, control and surveillance :

Computer processing of the Subscriber’s file, in accordance with the French Data Protection Act of January 6, 1978, gives the Subscriber the right to access, rectify and object to data in the file. To exercise this right, the Subscriber must contact the Club’s customer service department. The Club is under video surveillance 24/7. This data is subject to personal data protection laws and is archived for 30 (thirty) days. It is then automatically deleted by the computer management system (French Data Protection Act of 6 Jan. 78, amended in 2004).
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10. Articles L.221.18 et seq. of the French Consumer Code concerning the right of withdrawal applicable to distance and off-premises contracts:

“The consumer has a period of fourteen days to exercise his right of withdrawal from a contract concluded at a distance, following canvassing by telephone or off-premises, without having to give reasons for his decision or bear costs other than those provided for in Articles L. 221-23 to L. 221-25 (…)”. This does not apply to operations lasting one month or less. Access to the facilities during the 14-day period will be billed at the price per session, i.e. 6 (six) euros per access.

11. Litigation-Recourse :

In the event of a dispute and/or disagreement, the subscriber may exercise his or her right of recourse to a mediator as provided for in articles L-612-1 et seq. of the French Consumer Code (Code de la Consommation) by order no. 2016-301 of March 14, 2016 art.1 relating to the sale of services (culture, leisure, sports). The contact details and procedures to follow can be found on the website: www.economie.gouv.fr/médiation-conso

ADDITIONAL SERVICES EXPLANATIONS
a- Activities subject to booking are additional activities not included in all memberships, with a limited number of places, for which it is necessary to register in advance, either via the mobile app, on the booking terminal or at the club reception desk. Any member not in possession of the required entry fee may be refused access to these activities. All bookings must be made 2 days before the course. The club reserves the right not to accept a member who has not previously registered for a group class.

b – During the term of the membership contract, the club will offer the member specific services, in particular private lessons. These additional services are not included in the subscription price.