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. By signing up, you declare that you have familiarised 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-fit.fr and at the front desk at any Club.
Basic-Fit: Basic-Fit II, a company incorporated in the form of a société par actions simplifiée (simplified joint-stock company) with a capital of 400,000,000 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.
Club: the physical place where Basic-Fit offers its fitness-related activities. This may also be your Home Club.
Contract: 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. By signing and entering into the Contract, you also agree to comply with Basic-Fit’s internal rules (including in particular the house rules and the applicable sanitary rules).
Co-User: if you opt for our Premium subscription, you can designate one other person as a co-user of your subscription under the condition that you live at the same address. Your co-user has the same rights and obligations as you and may attend the Club independently, however you are the subscription holder and the only person able to make any modifications to your subscription. Your co-user may be required to prove that you live at the same address by providing supporting documents (such as proof of address issued within the last 3 months and/or an identity document).
Effective Date: the Effective Date of your Contract is the date on which you sign-up with Basic-Fit. As a principle, the present terms and conditions shall take effect on the date on which you sign up. However, as an exception, if you use a promotion, the Effective Date may be postponed accordingly. For example, if the promotion is "4 weeks offered": if you sign up on 12 May, the effective date of your Contract is 9 June. In this situation, you can exercise at one of our Clubs during the period between 12 May and 9 June, 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 5. Similarly, when you sign up for a membership before your Home Club has opened by taking advantage of our pre-sales, the Effective Date of your subscription will be the date on which your Home Club opens, and not the date on which the Contract is signed.
Extra: services, products or equipment that may be purchased from Basic-Fit for an additional fee on top of the basic subscription.
Friend: if you have a Premium subscription, you or your Co-User can bring a friend. This friend may not attend the Club independently and must register before obtaining access to the Club, as outlined in Article 6.b. You can also register your Co-User as a Friend if you want to bring your Co-user to the Club with you.
Home Club: the Club in which you are authorised 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. If you have a Basic membership, you can change your Home Club a maximum of twice a year.
Host: the employee who ensures the management of a given Club.
Member: 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 Pass or that you are a Co-User by identifying yourself.
Pass: your membership card that allows you access into our Clubs.
Self-Service Hub: 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.
Youth Member: you can become a Member if you are aged 16 or above. Children under the age of 16 are not allowed to become Basic-Fit Members. If you are between the age of 16 and 18, you are a Youth Member.
4-Week Period: a period of 4 consecutive weeks. Your Contract is divided in periods of 4 consecutive weeks each, with the first period starting on the Effective Date. If you opted for a payment every 4 weeks, the moment of payments will be determined based on the 4-Week Period.
Unless the context otherwise requires, all references to the singular of capitalised words shall include the plural and vice versa.
ARTICLE 2. BECOMING A MEMBER – RIGHT OF CANCELLATION
a. You can subscribe as Member in any of the following ways:
on the website by filling out the online membership application form; or
at any Cub by filling out the membership application form on one of our Self-Service Hub.
b. If you sign up online, you have the right to cancel your subscription, without giving any reason, within 14 days from the date on which you sign up, by email to email@example.com, by post to Postbus 3124, 2130 KC Hoofddorp, Netherlands, or by using the model cancellation form at this link:
<https://production.basic fit.com/Cms_Data/Contents/BasicFit/Media/Terms conditions/FORMULAIRE-DE-RETRACTATION.pdf>, if you wish. If the 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 14 day period, the cancellation is free. If your subscription has been used during this 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. The Effective Date of your Contract is the date on which you sign-up with Basic-Fit. Therefore, as a principle, the present terms and conditions shall take effect on the date on which you sign up. However, as an exception, if you use a promotion, the Effective Date may be postponed accordingly. For example, if the promotion is "4 weeks offered": if you sign up on 12 May, the effective date of your Contract is 9 June. In this situation, you can exercise at one of our Clubs during the period between 12 May and 9 June, in addition to your subscription, and, under this promotion, you will not have to pay anything during the period between 12 May and June 9, with the exception of required payments under Article 5. Similarly, when you sign up for a membership before your Home Club has opened by taking advantage of our pre-sales, the Effective Date of your subscription will be the date on which your Home Club opens, and not the date on which the Contract is signed.
ARTICLE 3. 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 Home Club's opening hours. With a Comfort or Premium subscription, you have also access to all 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 year, automatically renewed for an indefinite duration, with a payment every 4-Week Period;
a fixed 1-year period which ends automatically and with complete pre-payment of the full amount; or
the flexible option: a fixed 4-Week Period, automatically renewed for an indefinite duration unless you request its termination, with payment every 4-Week Period. You can benefit from the flexible Extra at an extra cost.
c. If you have a Comfort or Premium subscription, you have access to our Basic-Fit app.
d. If you have a Premium subscription, you can share your Pass 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 Self-Service Hub. The “day pass” also provides you with access to the "LIVE group classes with instructor" if they are available at your chosen Club. Once you have purchased a day pass, you have a limited time of 7 days to activate it. 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 4. 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-fit.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. via My Basic-Fit or at the Self-Service Hub inside your Club), as long as you give a 4-Week Period notice. In any event, the Extra is terminated at the end of the Contract.
c. Extras are activated immediately so that you can use them straight away. Article 2.a, Article 2.b and Article 3 apply to all Extras. If you choose a membership with a 4-Week Period payment, the cost of the Extra will be added to your membership so that both amounts are taken at the same time. If you subscribe to the Extra after the start of your membership, you will have to pay a prorata fee for the Extra for the period between activation and the first day of the next 4-Week Period. If you choose a membership with complete pre-payment, you will have to pay the cost of the Extra in advance, at the same time as your membership. If you subscribe to the Extra after the start of your membership, you will have to pay a prorata fee for the Extra for the period between the activation and the end of your Contract.
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 with instructor" 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 with instructor" 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 with instructor". A maximum number of participants applies for each "LIVE group class with instructor" (full=full), notably for safety and sanitary reasons. Basic-Fit can therefore not guarantee that you will always be able to attend the "LIVE group classes with instructor". Basic-Fit may decide that places in the "LIVE group classes with instructor" must be reserved using a specific method (for example: reservation at the relevant Club, via the Basic-Fit App 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 5. COSTS – PAYMENTS
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 will 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 sign-up 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 Hubs (if you opt for a contract with a minimum commitment period of 1 year by full advanced payment). In this case, it is not necessary to set up a SEPA direct debit every 4-Week Period. In this situation, the subscription will automatically expire at the end of the determined 1 year period, with the exception provided for in Article 3.b above.
e. If you choose to pay every 4-Week Period, the first payment shall be settled online or by card at your Club's Self-Service Hub. Following this, payment will be taken every 4-Week Period by SEPA direct debit in accordance with the prices for each membership. Each direct debit payment shall cover a 4-Week Period. This means that we will take 13 payments per year. As a consequence, once a year, 2 payments could 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 Pass 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 forward the dossier to a debt collection institution. 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 after obtaining an enforceable title.
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 Club’s 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 2 months before the changes take effect, and you will be able to terminate your Contract under the conditions established in Article 9.
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 6. PASS
a. Your Pass 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 party. 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 2 individuals (out of you, your Co-User and a Friend) may attend the Club at the same time. If you want to bring someone who is not a Member, this person can purchase a day pass (all the present terms and conditions apply, where relevant, to day pass holders).
You are responsible for registering your Friend (via My Basic-Fit, by going to the website or the Basic-Fit App). Your Friend must also respect the present terms and conditions and the internal rules before entering the 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 (unless the Friend is also your Co-user), with the exception of "LIVE group classes with instructor" if you have selected these as an Extra.
If the person who you want to bring as a Friend is between the age of 16 and 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. People under the age of 16 cannot be registered as a Friend and are not allowed to access our clubs.
c. As a Member, you are responsible for the way in which your Contract and Basic-Fit Pass 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 Pass or if it is stolen, you can purchase a new Pass at the Self-Service Hub inside the Club. Purchasing a new Pass will result in your old Pass being automatically blocked. The cost of a new Pass is €5.00. Payment must be made by card at the Self-Service Hub, after which the new Pass will be activated. In the meantime, you are still required to pay your subscription fee.
ARTICLE 7. OPENING HOURS
a. Basic-Fit shall indicate the opening hours for each of its Clubs.
b. In the event where some Clubs would 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 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 18 to be able to enter a Club between 22:30 and 08:00.
ARTICLE 8. 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 of your choosing. If there is no Club within a radius of 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 9. In this case, we ask you to prove that your address has changed by providing proof of address issued within the last 3 months.
b. We hope that you enjoy exercising with us and getting fit 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 9. You must provide a medical certificate issued within the last 3 months that confirms that you are unable to use your Contract.
c. If you are temporarily unable to use your gym membership, you may ask for your subscription to be suspended. You may request for your subscription to be temporarily suspended in the following cases: professional leave, medical reasons or pregnancy. If you decide to suspend your subscription during the fixed commitment period, the remainder of this period will be extended accordingly. In order for us to suspend your subscription, you must provide proof of the above within a maximum of 3 weeks from the date on which you are unable to use the gym. The suspension will take effect as of the date on which you are temporarily unable to use the gym, and the fees every 4-Week Period 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 9 apply to any termination during the suspension period outlined above.
ARTICLE 9. SUBSCRIPTION – CANCELLATION – EXCLUSION
a. If you have entered into a Contract with a minimum fixed commitment period of 1 year and payment every 4-Week Period, you can cancel it no later than 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
that you move house to a location more than 2 km away from your Home Club (upon presentation of proof of new address issued within the last 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 a 4-Week Period notice from the date following payment for the next 4-Week Period.
b. If you have entered into a Contract with flexible termination, you can terminate it at any point with at least a 4-Week Period notice.
c. You may terminate your Contract in any of the following ways: at one of our Self-Service Hub at any of our Clubs or via My Basic-Fit (by going to the website or the Basic-Fit app).
d. Our aim is to create an environment in our Clubs in which everyone respects each other and complies with the rules in force. For any act contravening criminal laws and those protecting the rights of third parties (including in particular, theft, physical or verbal violence, threat towards Basic-Fit staff or other Members, discrimination, hygiene or safety rules, intentional degradation of the facilities of the Club, the consumption or the circulation of doping products) you risk immediate exclusion from our Clubs, without notice.
In the event of non-compliance with the Contract, these general terms and internal rules, Basic-Fit may also unilaterally terminate your Contract forthwith.
The fact of re-registering following such an exclusion constitutes a legitimate reason for the immediate termination of the new membership and its reimbursement on a prorata temporis basis, with the exception of the start-up fees which remain with Basic-Fit.
In the event that you are refused entry into our Clubs for one of the reasons indicated above, you have 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.
f. If you provide anyone else with access to one of our Clubs, by any means whatsoever, in violation of the terms and conditions or of the internal rules, whether that person is a Member or not, (for example by letting a person through the door at the same as you when this person does not have a Pass), Basic-Fit may order you to pay the value of a “day pass” and refuse you entry into the Club until you have paid the corresponding amount. In the event that you repeatedly breach the terms and conditions and/or the internal rules, Basic-Fit has the right to terminate your Contract.
ARTICLE 10. INSURANCE – RISKS – LIABILITY
a. In compliance with the provisions of article 37 of the law 84-610 of 16 July 1984 regarding the organisation and promotion of physical and sporting activities (loi n°84-610 du 16 juillet 1984 relative à l'organisation et à la promotion des activités physiques et sportives), 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 (Code du sport), 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 analyse 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 cannot be held liable for any material or non-material damage arising from an accident or injury suffered by you, your Co-User and Friends in one of our Clubs, if such damage results from a breach of the terms of your Contract, of Basic-Fit’s internal rules, or from a misuse or abnormal use of Basic-Fit’s machines and equipment, except in case of a cause attributable to 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 must securely lock with a padlock. You (including Youth Members, Co-Users and Friends) are personally responsible for your personal belongings which are not appropriately secured in the lockers provided. The lockers are available exclusively during the opening times of your Club. Basic-Fit will not accept any liability for any damage, loss or theft of your belongings, except in case of a cause attributable to Basic-Fit. In case of damage, loss or theft that is not due to your failure to secure your personal belongings, Basic-Fit will require invoices or receipts relating to the concerned belongings in order to consider any claim.
ARTICLE 11. COMPLAINTS
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 via our website or via My Basic-Fit. In case your complaint remains unsolved, please refer to Article 16 below.
ARTICLE 12. 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.
d. If you do not want to be approached by telephone, you have the right to register on the list of opposition to telephone canvassing called Bloctel. You can also register on the opposition list on the website bloctel.gouv.fr or, by postal mail at the following address: SAS OPPOSETEL, Service Bloctel, 6 rue Nicolas Siret, 10000 Troyes.
ARTICLE 13. MODIFICATION OF DATA
a. Any change in your personal situation (e.g. address or bank details) must be communicated directly via the Self-Service Hub, or via My Basic-Fit, or with our customer support (https://www.basic-fit.com/fr-fr/service-a-la-clientele).
b. If you fail to inform Basic-Fit of these changes and Basic-Fit is forced to incur costs in order to acquire up-to-date personal data, these costs shall be borne by the Member.
ARTICLE 14. HOUSE RULES
a. Please note that Basic-Fit has established a set of house rules, available on Basic-Fit website, which can also be consulted at the front desk of any of the Clubs.
b. Basic-Fit can refuse any person access to its Clubs if their behaviour is not in line with the house rules.
c. On top of the house rules, Basic-Fit might have to implement sanitary rules in order to comply with some injunctions from the competent authorities. In that case, Basic-Fit can refuse access to its Clubs to any person (a Member, a Young Member, a Co-User, a Friend, or anyone else) whose behaviour is in breach of any sanitary rule; any act contravening those sanitary rules might cause immediate exclusion according to Article 9.d above.
ARTICLE 15. CUSTOMER SERVICE DETAILS
a. Our customer service details are as follows:
using the contact form available on https://www.basic-fit.com/en-fr/faq
Postal address: Postbus 3124, 2130 KC Hoofddorp, The Netherlands
b. You can find more information on the Basic-Fit website: www.basic-fit.fr. You can also arrange several things yourself on My Basic-Fit.
ARTICLE 16. APPLICABLE LAW – DISPUTES
a. In case your complaint remains unsolved after having contacted the Host and the customer service, you can contact the mediator appointed by Basic-Fit via:
the dedicated form available on the website of the Centre de Médiation et d’Arbitrage de Paris (www.mediateur-conso.cmap.fr); or
postal mail sent to CMAP – Service Médiation de la consommation at the following address: 39 avenue Franklin Roosevelt, 75008 Paris.
b. French law applies to these terms and conditions and to your Contract concluded with Basic-Fit.
c. You and Basic-Fit may only modify agreements in writing, notwithstanding the exceptions stated in the Contract.
d. If one of the previous provisions is deemed invalid or void, all other provisions still apply.
e. In compliance with the provisions of article 46 of the Code of civil procedure (Code de procédure civile¬), 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 may 2021