Terms and Conditions

ARTICLE 1: DEFINITIONS

If you are one of our members or if you wish to become a member and use our services or products, you must act in compliance with a list of clear and transparent agreements: the rules of the game so to speak. By signing up, you declare that you have familiarized yourself with, that you accept, and that you will act in compliance with these terms and conditions, as well as the Basic-Fit internal rules. The terms and conditions and internal rules can be found at www.basic-ft.fr and at the front desk at any Basic-Fit club.
Basic-Fit: Basic-Fit II, a company incorporated in the form of a société par actions simplifées (simplifed joint-stock company) with a capital of 194,000,000 euros, and with registered office at 40 rue de la Vague, 4th floor, Hall C, 59650 Villeneuve d’Ascq, listed on the Lille Métropole Trade and Companies Register under number 798 233 011, and the services and products that we offer under the name Basic-Fit.
Basic-Fit Card: your membership card that allows you access into one of our Basic-Fit clubs.
Basic-Fit Club or Club: the physical place where Basic-Fit offers its fitness-related activities. This may also be your home club.
Extra: services, products or equipment that may be purchased from Basic-Fit for an additional fee on top of the basic subscription.
Host: the Basic-Fit employee who ensures the management of a given Basic-Fit club.
Co-User: if you opt for our Premium subscription, you can designate one (1) other person as a co-user of your subscription. Your co-user has the same rights as you, however you are the subscription holder and the only person able to make any modifications to your subscription. A co-user must be able to prove the they live at the same address as you. Basic-Fit may require your co-user to register as a co-user. Your co-user may be required to prove that you live at the same address by providing supporting documents. Appropriate supporting documents include proof of address issued within the last three (3) months and/or an identity document.
Effective Date of Contract: In principle, the contract takes effect on the day on which you sign up with Basic-Fit. As an exception, if you use a promotion, the effective date is postponed accordingly. For example, “free sport until 1 July”: if you sign up on 12 May, the effective date of your contract is 1 July. In this situation, you can exercise at one of our clubs during the period between 12 May and 1 July, in addition to your subscription, and, under this promotion, you will not have to pay anything during the period between 12 May and 1 July, with the exception of required payments under Article 6 of these terms and conditions. Similarly, when you sign up for a membership before your club has opened by taking advantage of our pre-sales, the effective date of your subscription will be the date on which your club opens, and not the date on which the contract is signed. However, the present terms and conditions shall take effect on the date on which you sign up.
Sign-up: the process through which you become a Basic-Fit member. You can sign up in any of the ways outlined in Article 2a.
Youth Member: you can become a Basic-Fit member if you are aged sixteen (16) or above. If you are between the age of sixteen (16) and eighteen (18), you are a youth member. To become a youth member, you must come to the club to sign up with a parent or legal guardian, who must give their permission for you to exercise at our clubs by signing a contract and provide parental consent. If you are between the age of sixteen (16) and eighteen (18), you are welcome to exercise at our clubs if you are accompanied and under the responsibility of someone aged eighteen (18) or over who is also a member. Children under the age of sixteen (16) are not able to become Basic-Fit members.
Kiosk: the digital self-service terminal available at each of our clubs. Using this terminal, you can, for example, sign up for a membership, modify information, and add or adapt the extras included in your contract.
Member/members: you can become a Basic-Fit member if you are an individual (natural person). Basic-Fit may ask you to prove that you are the owner of your Basic-Fit card or that you are a co-user by identifying yourself.
Membership agreement or agreement: the contract that is established between Basic-Fit and the member when an individual signs up for a Basic-Fit membership. These terms and conditions also form part of your contract, as do the specific conditions that may apply to the extras you choose.
Home Club: the Basic-Fit club in which you are authorized to exercise and that is indicated in your contract as your base club. This is the club closest to your home, or another club if you yourself have indicated as such when signing up. With your Comfort or Premium subscription, you can use any of our clubs, but we still appoint one club as your home club.
Friend: if you have a Premium subscription, you and your co-user can bring a friend. This friend must register before obtaining access to the club, as outlined in Article 3b and in these terms and conditions.

ARTICLE 2.: BECOMING A MEMBER AND ACCESS – RIGHT OF CANCELLATION

a. We warmly invite you to become a Basic-Fit member. You can do so in any of the following ways:
1. On the website by filling out the online membership application form; or
2. At the cub by filling out the membership application form on one of our self-service kiosks. If urgent or if you wish to become a youth member, you can also fill out a paper form at one of our clubs; or
3. Over the phone, by calling our customer service team on the number provided in Article 16 below.
b. If you sign up online or over the phone, you have the right to cancel your subscription, without giving any reason, within fourteen (14) days from the date on which you sign up. You can exercise this right using any of the methods outlined in Article 10c of these terms and conditions. If the fourteenth (14th) day falls on a weekend or a bank holiday, your right of cancellation shall expire at the end of the first following working day. This right of cancellation does not apply if you register at one of our clubs. If you decide to exercise your right of cancellation and your subscription has not been used for this fourteen- (14) day period, the cancellation is free. If your subscription has been used during this fourteen- (14) day period, Basic-Fit may reserve the right to retain part of the subscription fee on a pro-rata basis (i.e. from the date of activation of the subscription until the date of cancellation, including any sign-up fees).
c. If you become a Basic-Fit member, you are liable for the subscription fee from the moment at which you sign up, payment of such fee becoming effective as of the contract effective date. The power of attorney for the SEPA direct debit is also effective as of this moment. If you fail to fulfil your payment obligation, Basic-Fit may decide to terminate your contract. To be granted entry into a Basic-Fit club, you must have your Basic-Fit card with you.

ARTICLE 3.: BASIC-FIT CARD

a. Your Basic-Fit card is the property of Basic-Fit and you may only use it for the duration of your contract.
b. The contract cannot be transferred to a third part. For Premium subscriptions, you or your co-user may bring a friend with you to the club, or you may bring your co-user (if your co-user is registered as a friend). Only two (2) individuals (out of you, your co-user and a friend) may attend the club at the same time. You are not permitted to bring a friend if you are signed up with any of our other types of subscriptions. If you want to bring someone who is not a member, this person can purchase a day pass (all the present terms and conditions fully apply to day pass holders). You are responsible for registering your friend on the kiosk. Your friend must also accept the present terms and conditions and the internal rules before entering the Basic-Fit club. Your friend will then receive a temporary access code. Your friend won’t be able to benefit from any of the extras that you have added to your Contract, with the exception of “live group classes” if you have selected these as an extra. If the person who you want to bring as a friend is between the age of sixteen (16) and eighteen (18), this person can only register if his or her parent or legal guardian provides their consent for them to exercise at the club as a friend.
c. As a member, you are responsible for the way in which your contract and Basic-Fit card are used, and for the abusive use thereof. You must ensure that your co-users or friends respect and observe these terms and conditions and the Basic-Fit internal rules.
d. If you lose your Basic-Fit card or if it is stolen, you can purchase a new card at the self-service kiosk inside the club. Purchasing a new card will result in your old card being automatically blocked. The cost of a new card is €5.00. Payment must be made by card at the kiosk, after which the card will be activated. In the meantime, you are still required to pay your subscription fee.

ARTICLE 4: SUBSCRIPTION, DURATION

a. We offer a selection of different types of subscription, the details of which can be found on our website or at any of our clubs. All subscription types include unlimited access during your club’s opening hours and to the “virtual group classes” offered at your club. With a Comfort or Premium subscription, you have access to all Basic-Fit clubs.
b. You are asked to indicate your chosen subscription type when you sign up. You can subscribe to all types of subscription for a minimum commitment period of one (1) year, automatically renewed for an indefinite duration, or four (4) weeks (“flexible option”), automatically renewed for an indefinite duration. You can benefit from the “flexible option” by adding it to your contract as a paid extra. For each type of subscription with a minimum commitment period of one (1) year, you can either pay the full amount in advance in one (1) instalment, or every four (4) weeks.
c. All subscriptions include access to the Basic-Fit app. If you have a Comfort or Premium subscription, you have access to our pro app, which contains additional training and eating plans, as well as access to the Basic-Fit online coach.
d. If you have a Premium subscription, you can share your card with a co-user or bring a friend to the club with you.
e. If you just want to use our facilities occasionally or simply want to try them out, you can also purchase a day pass from the kiosk. The day pass also provides you with access to the “live group classes” if they are available at your chosen club. Once you have purchased a day pass, you have a limited time to activate it. The amount of time you have to activate it is specifed on the day pass. The day pass provides you with one-off access to the club of your choice in the country of purchase for the date of activation only.

ARTICLE 5: OPTIONAL EXTRAS AND PERSONAL TRAINING

a. As well as different subscription types, we offer a range of optional extras. These may vary from club to club. Up-to-date information on these optional extras, and notably the related costs, can be found at www. basic-ft.com. Alternatively, you can request this information directly at any Basic-Fit club.
b. You can add an extra onto your contract when you first sign up or at any point thereafter. Similarly, you can remove an extra from your contract at any point. If you remove an optional extra, your right to use such extra will be terminated. You can remove an extra in the same way as you subscribe to an extra (i.e. you can do it yourself via My Basic-Fit or at the kiosk inside your club, or on our website, by email or over the phone with our customer service team), as long as you give at least four (4) weeks’ notice, starting from the date immediately following payment for the next four (4) weeks. In any event, the extra is terminated at the end of the contract.
c. If you subscribe to the extra after the start of your subscription, the date of the initial payment for the extra is the first day of the next payment period following receipt of subscription to the extra by Basic-Fit. Articles 2 and 4 of these terms and conditions apply to all optional extras. Extras are activated immediately so that you can use them straight away. For the period between activation and the date of the initial payment, you shall be liable for a pro-rata fee for the extra. Payment for an extra shall be added to your basic subscription fee so that both amounts are taken at the same time.
d. For the “live group classes” extra, you can use the Basic-Fit group class facilities on an unlimited basis during the opening hours of the clubs where these classes are offered. These classes are not available in all clubs: facilities and timetables for “live group classes” vary from club to club. Related information can be obtained at the relevant club or on the Basic-Fit website. Youth members are not entitled to participate in the “live group classes”. A maximum number of participants applies for each “live group class” (full=full), notably for safety reasons. Basic-Fit can therefore not guarantee that you will always be able to attend the “live group classes”. Basic-Fit may decide that places in the “live group classes” must be reserved using a specify method (for example: reservation at the relevant club or on the Basic-Fit website).
e. If you opt for the “Yanga sports water” extra, you may fill up your water bottle whenever you need to. A reasonable minimum time between refills shall nevertheless apply. Make sure that your water bottle is big enough.

ARTICLE 6: COSTS AND PAYMENT

a. All subscription types have their own applicable costs and conditions. You can find them on our website or at one of the Basic-Fit clubs.
b. If you become a Basic-Fit member, we may charge you a sign-up fee, on top of the subscription fee. This sign-up fee may vary depending on the type of subscription you choose and whether any promotion applies. If your subscription has expired and you want to become a member again, you must pay the signup fee again.
c. All subscription fees must be paid in advance.
d. Basic-Fit also offers its members the option of paying the full amount in advance for the full contractual period in one instalment online or by card at one of our club self-service kiosks (if you opt for a contract with a minimum commitment period of one (1) year by full advanced payment). In this case, it is not necessary to set up a SEPA direct debit monthly payment. In this situation, the subscription will automatically expire at the end of the determined one- (1) year period, with the exception provided for in Article 4b above.
e. If you choose to pay every four (4) weeks, whether for a contract with a minimum commitment period of one (1) year or for a contract with flexible termination, the first payment shall be settled online or by card at your club’s self-service kiosk. Following this, payment will be taken every four (4) weeks by SEPA direct debit in accordance with the prices defined for four (4) weeks. Each direct debit payment shall cover a period of four (4) weeks. This means that we will take thirteen (13) payments per year. As a consequence, once a year, two (2) payments will be taken during the same calendar month. This is also the case when this type of subscription is renewed for an indefinite period.
f. If for any reason we are unable to take your payment (e.g. cancelled payment, insufficient funds, etc.), we will contact your bank for payment. If you fail to respect your payment obligations, your Basic-Fit card will be blocked until you comply with said payment obligations.
g. If after receiving formal notice you still do not proceed to settle the relevant payments, you will be considered to be in default. We may then charge you for the costs of recovering payment and transmitting the dossier to a debt collection institution (after obtaining an enforceable title). We will also have the right to terminate the contract with immediate effect. You will then have to pay all subscription costs payable over the duration of the contract, plus any billed recovery costs.
h. The applicable prices are indicated by Basic-Fit in the contract and correspond to the costs applied by the club and displayed at the front desk at the moment at which you accept the contract. In the event that the prices are increased during the extension of your contract, you will be informed directly by post at least two (2) months before the changes take effect, and you will be able to terminate your contract under the conditions established in Article 10.
i. Basic-Fit subscriptions grant you the right to exercise at Basic-Fit clubs. As a consequence, if you do not use the contract or the extras, you will not be reimbursed for any costs, except in the event of the special cases expressly stipulated in the present terms and conditions.
j. Prices are indicated inclusive of VAT, corresponding to the amounts exclusive of VAT to which the applicable VAT rate is applied. Basic-Fit reserves the right to adjust these prices in line with any new taxes or increases to the VAT rate upon the entry into force thereof.

ARTICLE 7: OPENING HOURS

a. Basic-Fit shall indicate the opening hours for each of its clubs. It is possible that opening hours may sometimes vary between clubs, notably in the event of an accident or on bank holidays. It is also possible that we may need to close a club. We may need to close a club for construction works.
b. We strive to maintain our clubs to an acceptable standard, and sometimes we are unable to avoid closing a club either temporarily or partially. This is notably the reason for which Basic-Fit is authorized to fully or partially close its clubs on legal bank holidays. Furthermore, Basic Fit adapts to your needs in terms of sporting activities and shall modify, if necessary, either temporarily or definitively the opening hours of a club or specify parts thereof. The group class timetables and opening hours in force when you sign the contract are only indicative and may be modified, notably in the following cases: if Basic-Fit is forced to briefly close a club or a part thereof for restoration and/or maintenance works; to extend the opening hours; to restrict the opening hours following on from a trial to extend the hours that was in the end not given the go ahead; to restrict the opening hours on a temporary or occasional basis, or to temporarily limit access to a part of the club, notably following an event of force majeure, necessary construction works, alteration or restoration works on machinery, etc. as long as this temporary restriction does not exceed four (4) weeks. In this event, you do not have the right to reimbursement of your subscription fee. If your home club or chosen club is closed for any reason or if it is unable to provide all the services that it do, you are always welcome at one of our other clubs. If you are unable to exercise at your home club for a period exceeding fourteen (14) days, or if we are forced to permanently close a club for any reason, or transfer it to another location, we will replace your home club with the next nearest club, located within a maximum radius of two (2) kilometers from the club initially selected as your home club in your contract.
c. If following the closure or relocation of a club there is no other club within this radius, you may terminate your contract free of charge, without any notice, as of the date of closure or relocation.
d. Several of our clubs are sometimes open 24 hours a day. A list of such clubs is available on our website. If a club is open 24 hours a day, it is possible that there may be no Basic Fit staff present at some times. For example, there may be no Basic Fit staff present between 22.30 and 08.00. During this time, there is no nobody physically present to supervise you. For security reasons, Basic Fit therefore uses audio and video surveillance equipment in these clubs. You must be over the age of eighteen (18) to be able to enter a club where there is no staff present.

ARTICLE 8: ADAPTATION OF GROUP CLASSES

a. We want our classes to always be current and up to date. This means that we regularly adapt our classes, the content of our classes, the type of classes we offer and our class timetables. This applies to both “virtual” and “live group” classes. We may occasionally have to cancel a “live group class”. Any modifications or cancellations shall not give you the right to reimbursement (full or partial) of your subscription fee. The facilities and timetables for “live group classes” vary across the different Basic-Fit clubs. Up-to-date information can be obtained at the relevant club.

ARTICLE 9: MOVING HOUSE OR INJURIES – SUSPENSION

a. If you move house, you can continue to exercise at our clubs. We will change your home club to the club nearest to your new address, or to another club depending on your preference. If there is no club within a radius of two (2) km from your new address, you can indicate which club you would like as your home club. In this instance, we also offer you the option to terminate your contract under the conditions stipulated in Article 10. In this case, we ask you to prove that your address has changed by providing proof of address issued within the last three (3) months.
b. We hope that you enjoy exercising with us and getting ft and healthy. If, for medical reasons, you are permanently unable to use your gym membership, you can terminate it under the conditions stipulated in Article 10. You must provide a document that confirms that your current state of health means that you are unable to use your Contract, i.e. a medical certificate issued within the last three (3) months.
c. You may also ask for your subscription to be suspended if you are temporarily unable to exercise. If you decide to suspend your subscription during the fixed commitment period, the remainder of this period will be extended accordingly. You may request for your subscription to be temporarily suspended in the following cases: professional leave, medical reasons or pregnancy. In order for us to suspend your subscription, you must provide proof of the above within a maximum of three (3) weeks from the date on which you are unable to use the gym by post or registered letter. The suspension will take effect as of the date on which you are temporarily unable to use the gym, and the monthly fees will not be payable during the suspension period. Any suspension implemented or any commercial or promotional offer used during the minimum fixed commitment period will result in the remainder of such period being extended accordingly. The provisions of Article 10 apply to any termination during the suspension period outlined above.

ARTICLE 10: SUBSCRIPTION CANCELLATION - EXCLUSION

a. If you have entered into a contract with a minimum fixed commitment period of one (1) year, you can cancel it no later than four (4) weeks before the expiration thereof, unless in the event of illness or an accident (upon presentation of a medical certificate stating your inability to exercise for an indefinite period) or in the event that you move house to a location more than two (2) kilometers away from your home club (upon presentation of proof of new address issued within the last three (3) months or proof of job transfer). In this case, termination of the contract will take effect upon receipt of the requested supporting documents. If you do not terminate the contract as outlined above, it will be renewed for an indefinite period and can thereafter be terminated at any point with four (4) weeks’ notice from the date following payment for the next four (4) weeks.
b. If you have entered into a contract with flexible termination, you can terminate it at any point with four (4) weeks’ notice from the date following payment for the next four (4) weeks.
c. You may terminate your contract in any of the following ways: at one of our self-service kiosks at any of our clubs, on our website, via My Basic-Fit, by email or by post. If you terminate your contract by email or post, please provide the following information: your name, your Basic-Fit card number and the address of your home club. If your contract was concluded over the phone, you may also terminate it over the phone.
d. Our aim is to create an environment in our clubs in which everyone respects each other and complies with the rules in force. If you do not comply with the provisions of the contract, with the internal rules or with these terms and conditions, or if you act in a way that is deemed unacceptable, Basic-Fit may refuse you access to the clubs and unilaterally terminate your contract due to misconduct (with immediate effect). Basic-Fit shall determine whether the misconduct justifies termination of the contract at its full discretion. Examples of misconduct that could give rise to you being refused entry into all clubs and your contract being terminated without notice or compensation include, but are not limited to: transferring or lending your Basic-Fit card in situations other than those mentioned in Article 3.; failing to respect the internal rules; using the equipment and facilities provided in violation of the provisions of the internal rules and the health and safety instructions provided by Basic-Fit staff; engaging in trade of any sort and in any form inside one of our clubs; providing physical training as a normal member to other members inside one of our clubs (including youth members, co-users and friends); engaging in behavior that compromises health and safety inside the club, including insults and threats towards Basic-Fit employees; signing up with another Basic-Fit club after having terminated your subscription for one of the reasons indicated above. In the event that you are refused entry into our clubs for one of the reasons indicated above, you have fourteen (14) days from the date of notification thereof to oppose this decision.
e. At Basic-Fit, we encourage you to exercise in groups with other people. Nevertheless, it is prohibited to offer personal training services inside our clubs or to engage in other commercial activities. Personal training services can only be provided by our self-employed personal trainers and coaches with whom we collaborate exclusively. If you are found to be breaching this regulation, your contract will be terminated immediately and Basic-Fit may order you to pay compensation for any damage suffered if necessary.
f. If you provide anyone else with access to one of our clubs, by any means whatsoever, in violation of the rules stipulated in these terms and conditions and in the internal rules, whether that person is a member or not, for example by letting them through the door at the same as you when this person does not have a card, Basic-Fit may order you to pay the value of a day pass and refuse you entry into the club until you have paid said amount. In the event that you repeatedly breach the rules stipulated in the present terms and conditions and in the internal rules, Basic-Fit has the right to terminate your contract.

ARTICLE 11: INSURANCE, RISKS AND LIABILITY

a. In compliance with the provisions of Article 37 of Law 84-610 of 16 July 1984 on the Organization and Promotion of Physical and Sporting Activities, Basic-Fit has taken out a civil liability insurance policy with a reputedly solvent insurance company, which covers it for any pecuniary consequences.
b. In compliance with Article L.321-4 of the Sport Code, you (including youth members, co-users and friends) are informed of the benefit of taking out an insurance policy directly that covers you for any bodily harm to which the exercise in which you engage could expose you.
c. Exercising comes with risks. If you use our facilities, you yourself must be able to analyze whether you are capable. We do not offer the active support of any staff within the club. You may work with a personal trainer, or base your exercise on the hints and advice provided on our app or by other means within the club. However, you remain fully responsible for the way in which you exercise and the choices that you make in this regard. If you have any doubts regarding your physical condition, we recommend that you seek the advice of a doctor or specialist to determine the most suitable way for you to exercise. For this purpose, when you sign up, you declare to Basic-Fit that you have had your ability to exercise checked by a doctor, and that you will regularly take all necessary health precautions.
d. Basic-Fit and its employees are not liable for any material or non-material damage arising from an accident or injury suffered by you in one of our clubs. Basic-Fit’s liability towards you (including youth members, co-users and friends) or third parties is limited to damage arising directly from violation of the contract on the part of Basic-Fit.
e. We advise you to not bring any valuable objects into the clubs and to take out appropriate personal items insurance. Basic-Fit always provides lockers, which you are welcome to use, but always at your own risk and peril. You (including youth members, co-users and friends) are personally responsible for your personal belongings and the consequences of behavior that is contrary to accepted principles of morality and accepted behavior.

ARTICLE 12: COMPLAINTS

a. We endeavour to serve everyone and we hope to offer access to our sports facilities to as many people as possible. We are very sorry if you are dissatisfied with our services, and if you have a complaint, we want to hear about it. You can initially speak with the host at one of our clubs, and then contact the Basic-Fit customer service team, as outlined on our website.

ARTICLE 13: PERSONAL DATA

a. For the performance of your contract, we collect and use some of your personal data. Basic-Fit processes your personal data in an appropriate and prudent manner, compliant with legislation and regulations applicable to personal data protection, such as the General Data Protection Regulation (GDPR).
b. In this regard, the Basic-Fit privacy statement lists the personal data that we process, what we process it for, and how we process it. The statement also explains how data subjects can exercise their rights in relation to the processing of their personal data. You can find the Basic-Fit privacy statement on our website.
c. To protect the safety of the individuals and property inside and surrounding our clubs, we use video and audio surveillance equipment to observe the clubs that are open 24 hours a day. Video and audio surveillance equipment is only present inside the gym, and not in the toilets, shower or changing rooms.

ARTICLE 14: MODIFICATION OF DATA

a. Any change in your personal situation (e.g. address or bank details) must be communicated directly by post to our customer service department.
b. If you fail to inform Basic-Fit of these changes and Basic-Fit is forced to incur costs in order to acquire upto-date personal data, these costs shall be borne by the member.

ARTICLE 15: INTERNAL RULES

a. Please note that Basic-Fit has established a set of internal rules, available on its website, which can be consulted if necessary at the front desk of any of the Basic-Fit clubs.
b. Basic-Fit can refuse any person access to its clubs if their behavior is not in line with the internal rules.

ARTICLE 16: CUSTOMER SERVICE DETAILS

a. Our customer service details are as follows: Telephone: 03 66 33 33 44 (local call cost if calling from France) Email: service.clientele@basic-ft.fr Address: Postbus 3124, 2130 KC Hoofddorp, The Netherlands
b. You can also fnd more information on the Basic-Fit website: www.basic-ft.fr

ARTICLE 17: APPLICABLE LAW AND DISPUTES

a. French law applies to these terms and conditions and to all contracts concluded by or with Basic-Fit.
b. You and Basic-Fit may only modify agreements in writing, notwithstanding the exceptions stated in the contract.
c. If one of the previous provisions is deemed invalid or void, all other provisions still apply.
d. In compliance with the provisions of Article 46 of the Code of Civil Procedure, any disputes arising in relation to the contract shall be submitted, at the choice of the claimant, to the court of the place where the defendant resides or the court of the place of execution of the contract.

Version as of 3 December 2018