Membership terms and conditions at Fresh Fitness (English Version)
What are your rights and obligations as a member of Fresh Fitness? What are we committed to do?
GENERAL MEMBERSHIP TERMS AND CONDITIONS AT FRESH FITNESS
The following terms and conditions apply between the person ("Member") named in the agreement ("Membership Agreement") and Fresh Fitness. The terms and conditions are an integral part of the Membership Agreement. In addition to the Membership Agreement, the Member will also be bound by specific terms and conditions that may, at any time, apply to other services and offers. These terms and conditions are available here.
2. MEMBERSHIP AT FRESH FITNESS
2.1. A membership at Fresh Fitness can be obtained by individuals over the age of 15 years, who:
2.1.1. Are in generally good health and if, in the opinion of Fresh Fitness, there is no obvious risk to the person’s health and/or injury.
2.1.2. Do not have any outstanding debt associated with a previous membership at Fresh Fitness.
2.1.3. Have not previously been banned from one or several Fresh Fitness centers.
2.1.4. Have not behaved reprehensibly in connection with a previous membership at Fresh Fitness or otherwise.
2.2. Minors may become members of Fresh Fitness, provided that the membership is paid with funds earned from their own work, or that the legal guardian or others have allowed the minor to use their funds.
2.3. The Member gains access to the fitness center through the at any time prevailing access solution offered byFresh Fitness. Any wristbands or similar items used to access the fitness center constitute Fresh Fitness' property and are issued for the personal use of the Member. The access solution cannot be transferred or loaned to others.
2.4. A Fresh Fitness account will be automatically provided to the Member. This means that the membership wristband can be used as a means of payment for purchasing goods and services. The membership wristband is personal, and the Member is responsible for preventing any misuse. The amount will be automatically invoiced subsequently, together with the Member's membership fee.
2.5. A photograph of the Member will be taken upon registration. The Member must ensure that Fresh Fitness always has an updated and identifiable member's photo in its membership system.
2.6. The membership is valid from the start date specified in the Membership Agreement.
2.7. A membership at Fresh Fitness is a continuing agreement, irrespective of any agreed binding period. The membership continues after the expiration of the agreed binding period and until the membership is terminated in accordance with section 7.
2.8. The membership is personal and cannot be transferred or used by any other person.
2.9. The membership entitles the Member to use one or more Fresh Fitness centers, as specified in the Membership Agreement. The Member has the right to take advantage of any available offers in accordance with applicable terms and conditions.
2.10. Fresh Fitness' at any times available memberships, concepts, and additional services, with accompanying descriptions and prices, are available on our website.
2.11. Upgrading the membership: The Member can at any time upgrade its membership in order to access additional centers, concepts, and extra services in accordance with Fresh Fitness' available offers. Upgrades take effect immediately.
2.12. Downgrading the membership: The Member can at any time downgrade its membership in order to reduce access to centers, concepts, and extra services. Downgrades take effect after the end of the following month.
2.13. Members holding a membership model that Fresh Fitness can no longer offer will be transferred to the most similar product in the current membership structure. In such cases, Fresh Fitness will provide at least one (1) month notice via email/SMS. The change will take effect one (1) month after the notice is sent, counting from the first day of the month. If the Member opposes the change, the Membership Agreement can be terminated before the change is effective in accordance with section 7.2.
2.14. Fresh Fitness cannot always guarantee available space in training activities, etc., where the number of participants or access is limited.
2.15. Fresh Fitness will, as far as possible, adapt its offers and opening hours at its centers in accordance with its members’ preferences and behavior. The centers may occasionally be closed or have reduced services in connection with for example public holidays, maintenance work, or force majeure (as defined in section 9.1).
2.16. Camera surveillance will be conducted at Fresh Fitness' centers in accordance with visible signs and applicable legislation.
3. PAYMENT OF THE MEMBERSHIP
3.1. The Member shall pay a monthly membership fee, registration fees, and any other fees according to Fresh Fitness' at any time prevailing prices.
3.2. The monthly membership fee falls due on a rolling basis, at the agreed time, and in exceptional cases when registering, in which specific conditions apply. The Member is responsible for ensuring that the membership fee is paid on time.
3.3. If an automatic payment service is used (e.g. direct debit or similar), the Member is responsible for entering into the required agreement with its bank to allow for the automatic payment of the monthly membership fee to Fresh Fitness. The Member must at all times ensure that the specified limit covers the invoice amount and that payment is made by the due date. If using card payment, the Member accepts that the registered payment card will be charged at the agreed time. The Member is responsible for at all times having correct payment information.
3.4. If the Member does not pay within the due date, regardless of the payment method, a collection notice will be issued with a new due date. For delayed payment, Fresh Fitness may demand the reimbursement of costs and interest according to the Norwegian Act on Debt Collection, the Norwegian Act on Overdue Payment, and other applicable legislation.
3.5. If the Member has defaulted its payment and receives a payment reminder, debt collection notification or a debt collection demand from an external debt collection agency, the payment details stated on the invoice from the external debt collection agency must be used for payment.
3.6. The Member has a price guarantee for its monthly membership fee during the binding period. Any adjustments to the membership fee can only be made by Fresh Fitness after expiry of the binding period, unless the Member itself wishes to make changes to its current membership. In cases where the Member has a specific discount arrangement with Fresh Fitness, and the discount arrangement ends while the Member still is in the binding period, Fresh Fitness has a unilateral right to increase the monthly membership fee to the list price.
3.7. The Member is not required to pay a monthly membership fee if:
3.7.1. The membership is frozen in accordance with chapter 6.
3.7.2. Fresh Fitness has terminated the Membership Agreement with immediate effect in accordance with section 7.7.
3.7.3. The center the Member usually uses is not available for training, and Fresh Fitness deems that there are no other centers available within reasonable proximity.
4. THE MEMBER'S RESPONSIBILITIES
4.1. The Member undertakes to:
4.1.1. Familiarize itself with and follow Fresh Fitness' at all times applicable center rules and other rules/guidelines available on our website.
4.1.2. Not use any drugs or performance enhancing substances that are listed on the specific list of such at the sport center. The list is based on the Norwegian Sports anti-doping list, which is available on the Antidoping Norway website, but limited to the listed doping groups S1 (anabolic steroids), S2 (peptide hormones, HGH, related substances, and mimetics), and S6 (stimulants). Restrictions listed in the ban on doping group S6 concern competitive sports and does not apply for sports centers. The use of doping preparations is criminalized, see the Norwegian Act on Medicines Section 24a and the Norwegian Penal Code Section 234, and such use may be reported to the police. Fresh Fitness, in collaboration with Antidoping Norway, is entitled to carry out random doping tests. Members present at one of Fresh Fitness' centers while such tests are being conducted are required, upon request, to submit to a doping test under the supervision of Antidoping Norway. The doping test will be carried out in accordance with the procedure described in a separate document that will be provided to the Member.
4.1.3. Inform Fresh Fitness of any changes to its contact or payment information, including changes to its name, address, email address, phone number, bank account number, and other relevant information. Notification must be made without undue delay.
4.1.4. Register its arrival, using the current access solution option, before using a Fresh Fitness center. Fresh Fitness may require the Member to show identification.
4.1.5. Leave the center when it closes and take with it all personal belongings. If the Member stays on the premises after closing time, an alarm will be triggered and security will be called.
4.2. Loss of membership wristbands or other access solutions must be reported to Fresh Fitness as soon as possible. Fresh Fitness will then block the wristband. When issuing a new membership wristband, the Member must pay Fresh Fitness a fee in accordance with the at all times relevant prices.
4.3. The Member is responsible for keeping the membership wristband or other access solutions in such a manner that it cannot be misused by others. Any suspicion of misuse should be reported to Fresh Fitness as soon as possible.
4.4. The Member is granted access to Fresh Fitness' digital services through its personal member profile. The Member must not grant any other individuals or legal entities access to these services by sharing login information, etc.
5. PERSONAL DATA, MARKETING AND COMMUNICATION
5.2. Fresh Fitness will send newsletters and marketing material, typically by email or SMS, to the Member for as long as the Membership Agreement is valid. If the Member has given consent, Fresh Fitness may continue to send newsletters and marketing material after the period has ended. The Member can use the unsubscribe link in marketing communications if they no longer wish to receive such communications. The Member can also manage this via "My Pages". The Member cannot opt out of communications regarding changes to the Membership Agreement, first-time inquiries regarding training safety (PT consultation), or other important membership-related information.
5.3. General information from Fresh Fitness about the membership will primarily be sent to the email address provided by the Member.
6. MEMBERSHIP FREEZE
6.1. The Member can freeze their membership themselves via "My Pages." "Freeze" means temporarily stopping the membership for a limited period.
6.2. The current terms and conditions for freezing memberships are at all times available on our website.
6.3. Fresh Fitness will not charge the Member its membership fees during the pre-approved freeze period pursuant to section 3.7.1. Due to invoicing practicalities, the payment-free period and freeze period may not necessarily coincide.
6.4. In cases where the Member is subject to a binding period, such binding period will be extended by the same number of days specified in the approved resolution to freeze.
6.5. At the end of the freeze period, the membership continues under the conditions specified in the Membership Agreement. If the Member terminates the membership during the freeze period, a notice period of one (1) month applies after the end of the freeze period. The termination takes effect after the end of the following month.
6.6. If there is a need for repeated freezing of the membership, the Member must register a new freeze period themselves.
7. TERMINATION AND AMENDMENT OF THE MEMBERSHIP AGREEMENT
7.1. The Member has the right to terminate the Membership Agreement (cancellation right) by notifying Fresh Fitness within two (2) weeks after from entering into the Membership Agreement. The Member can use the cancellation form available on our website. If the cancellation right is utilized, any prepaid fees will be refunded. The Member must utilize the cancellation right in accordance with the at all times applicable laws.
7.2. The membership is a rolling agreement in accordance with section 2.7 and can be terminated by the Member at any time, but it will as a minimum continue for the duration of the agreed binding period. After expiry of the binding period, the membership becomes a rolling agreement in accordance with section 2.7. The notice period is one (1) month, and termination takes effect after the end of the following month. The Member can terminate the membership themselves via "My Pages."
7.3. A one (1) month notice period applies for the downgrading of additional services. Downgrades take effect after the end of the following month in accordance with section 2.12.
7.4. If Fresh Fitness and the Member together agree that training poses a significant risk of worsening the Member's health, the Membership Agreement may be terminated without notice. Fresh Fitness may require a written statement from healthcare personnel to confirm that it is safe for the Member to train at Fresh Fitness. In the event of termination, the Member will be refunded any prepaid portion of the membership fee.
7.5. In certain situations, the Member may apply to terminate the membership even if the binding period has not expired. In such cases, the Member must be able to document that there exist special unforeseen circumstances beyond the Member's control. Furthermore, the given circumstances must be the reason for the Member being unable to use the membership. The application for termination must be in writing and sent to Fresh Fitness without undue delay after the circumstance(s) occurred. Fresh Fitness will process the application within a reasonable time and no later than within three (3) weeks after receiving the application.
7.6. Fresh Fitness reserves the right to carry out annual price adjustments to existing membership agreements in accordance with the consumer price index without prior notice.
7.7. Fresh Fitness has the right to suspend the membership for a certain period or to terminate the Membership Agreement with immediate effect if the Member materially breaches the Membership Agreement. Material breaches include, but are not limited to:
7.7.1. Failure to pay the monthly membership fee and other fees, despite receiving a debt collection notice or other form of reminders.
7.7.2. Significant violations of the Member's obligations pursuant to section 4, including failure to comply with a written or verbal warning from Fresh Fitness.
7.7.3. Violation of the doping provisions in section 4.1.2, including failure to submit to a doping test upon request.
8. PERSONAL INJURY, STORAGE AND LIABILITY FOR THEFT
8.1. Training is always at the Member’s own risk. Fresh Fitness is not responsible for any personal injury the Member may suffer in connection with being present/engaging in activities at a Fresh Fitness center. The same limitation of liability applies to other training offerings and services/advice organized by Fresh Fitness.
8.2. When storing personal belongings in lockers at the center, the Member is solely responsible for using its own padlock. If the Member leaves belongings in the lockers at a Fresh Fitness center after regular opening hours, Fresh Fitness has the right to break the Member's padlock and store the belongings. The Member must retrieve any forgotten belongings within two weeks. Fresh Fitness accepts no liability for the loss of any property, nor within the mentioned period.
8.3. Fresh Fitness is not liable for theft or any other loss of the Member's personal belongings brought to a Fresh Fitness center. This applies regardless of whether the belongings are locked in a standard locker, valuables locker, or similar.
9. LIMITATION OF LIABILITY, CHOICE OF LAW, DISPUTE, AND LEGAL VENUE
9.1. Fresh Fitness shall not be liable for obstructions or any restrictions that reduce Fresh Fitness' training offerings for the Member when the circumstances are beyond Fresh Fitness' control and Fresh Fitness could not foresee or overcome the consequences of such circumstances (force majeure).
9.2. The Membership Agreement is subject to Norwegian law.
9.3. Disputes between the Member and Fresh Fitness shall be sought to be resolved amicably. If this is not successful, either party may bring the dispute to the ordinary courts of law.
9.4. In case of discrepancies between the English and Norwegian versions of the Membership Agreement, the latter shall prevail.