Terms
and Conditions

Regulations of the Gym

General regulations for using the services provided by Your Fitness LTD, which is trading under the name “SmartFIT”.

In these terms “SmartFIT”, “us”, “we” or “our” means the SmartFIT premises, it’s staff and all its subsidiaries and “you” refers to all clients, guests and visitors who must comply with these rules and regulations.

Your membership begins from the day the fees are paid and once you agree to the Terms and Conditions when ticking the checkbox while joining online.

I. GENERAL provisions

We reserve the right to use any individual or group photographs or movie shots of you for press for promotional purposes.

We value your privacy and do not sell your information to any third parties under any circumstance. General regulations for using the services provided by “SmartFIT” (hereinafter – “the Regulations”) are mandatory for all persons who use the services provided by “SmartFIT”. These Regulations are common for all marked by the sign “SmartFIT”.

Beginning to use the services of the gym is permitted only after a member of the Gym (hereinafter – “the Member”) carefully familiarizes himself/herself with the Regulations and confirms that by ticking the checkbox on the Payment Confirmation Personal Data page, underneath the CAPTCHA verification Personal Details form, when joining online through www.smartfit.ie. The customer shall not be allowed to move on to the Payment page if he/she does not agree to the Terms and Conditions by ticking the checkbox on the Payment Confirmation Personal Data page, underneath the CAPTCHA verification Personal Details form, Should the Member refuse to familiarize himself/herself with the Regulations in line with the established procedures by ticking the checkbox on the Payment Confirmation Personal Data page, underneath the CAPTCHA verification Personal Details form, when joining online through www.smartfit.ie, we reserve the right to refuse the use of the Gym’s facilities.

Members under 16 may use the services of the Gym ONLY with the written consent and the presence of his/her parents (guardians) and In their consent. Customers under 14 are not allowed to purchase a membership or use the facilities. The parents (guardians) of a Member under 16 shall confirm that the state of health of the underage Member permits him/her to use the services of the Gym, once the underage Member has familiarized himself/herself with the Regulations and ensures to follow them and that they undertake to ensure compensation of damage caused to the Gym or any third persons by the underage Member in line with the procedure established by the legislation of the Republic of Ireland and that they are responsible for the underage Member’s behaviour in the Gym and any disturbance to the underage Member’s health. A membership Card shall be issued to a Member who wishes to attend the Gym. The Member’s admission fee is applicable to all persons buying a Membership in the Gym.The joining fee of €25 will apply in all cases when a member joins for the first time, or is rejoining the gym after a break of more than 21 days following the expiration of their active membership.

A personal Membership Card must be presented every time upon arrival at the Gym. If the Membership Card is lost, the Gym must be notified, a €5 fee must be paid for the issuance of another Membership Card. A member who has bought a Membership can visit the Gym during the business hours of the Gym. Duration of the visit is unlimited.

A member who has forgotten the Membership Card or failed to present it for any other reason shall not be permitted to enter the Gym. This provision shall not be applicable in the case where the Member can be identified using the photograph and other data stored in the database of the Gym and when it can be determined that the Member’s Membership Card is valid; in such a case, the Member may be permitted to enter the Gym once.

The validity of the Membership Card may be suspended because of the Member’s illness or in any other cases, which will be analysed by the gym’s management. The Membership Card is personal to the Member. Should a person who is not the holder of the Membership Card attempt to use the Membership Card, the Membership Card shall be blocked without a prior warning to the holder of the Membership Card. The Member is not allowed to hand over the Membership Card to be used by any other person.

Personal data of the Members and other persons using the services of the Gym shall be handled in line with the procedure established by the Law on Legal Protection of Personal Data of the Republic of Ireland. The Member and other persons using the services of the Gym may familiarize themselves with the regulations concerning handling of personal data in the Gym, the objectives of handling personal data and their rights in the administration of the Gym. The Member expresses his/her consent that the Gym shall handle his/her personal data (including special personal data) for the purposes necessary in order to implement the Member’s usage of the services of the Gym.

Business hours of the Gym shall be specified in the website www.smartfit.ie. The Gym shall have the right to change the business hours of the Gym by providing notification of the change on the website not later than 3 (three) calendar days in advance. The Gym may be closed for up to 48 hours for the purpose of carrying out preventive maintenance works. No services shall be provided to the Members in the Gym on such days and the Member shall be notified in advance by means of public announcements in the premises of the Gym, on the website www.smartifit.ie and on the relative social media sites such as Instagram and Facebook.

Please ensure your bicycle is securely locked at all times. Management accepts no responsibility for loss or theft for your bicycle/scooter or any items linked to your bicycle/scooter whilst in, or close to SmartFIT premises.

SmartFIT does not take responsibility for damages incurred to members' vehicles on the premises.

II. MEMBERSHIP

Acceptance of an application for Membership to the facility is at our absolute discretion. However, we will exercise our discretion reasonably and in compliance with applicable laws.

The monthly membership fee is payable in advance via our credit/debit card based recurring payment system only.

When joining online through www.smartfit.ie, the customer will be asked to fill in their Personal Details, after which the customer will be asked to confirm their health status by pressing on “Any Health Issues?” button at the bottom of the Personal Details section. The customer will be asked to confirm their health status by ticking the appropriate checkboxes next to the health related question. Initially, all the checkboxes will be ticked on the “NO” side. It is the customer’s responsibility to answer these questions truthfully. SmartFIT will not be held liable for any issues that may arise due to the customers’ inability to answer the health-related questions truthfully. The customer shall not be allowed to move to the next step of the registration until the health-related questions have been reviewed and answered.

Beginning to use the services of the gym is permitted only after a member of the Gym (hereinafter – “the Member”) carefully familiarizes himself/herself with the Regulations and confirms that by ticking the checkbox on the Payment Confirmation Personal Data page, underneath the CAPTCHA verification Personal Details form, when joining online through www.smartfit.ie. The customer shall not be allowed to move on to the Payment page if he/she does not agree to the Terms and Conditions by ticking the checkbox on the Payment Confirmation Personal Data page, underneath the CAPTCHA verification Personal Details form. Should the Member refuse to familiarize himself/herself with the Regulations in line with the established procedures by ticking the checkbox on the Payment Confirmation Personal Data page, underneath the CAPTCHA verification Personal Details form, when joining online through www.smartfit.ie, we reserve the right to refuse the use of the Gym’s facilities.

SmartFIT reserves the right to change the membership prices without prior notice. Current active members will not be affected by any price changes, unless the member cancels their membership and wishes to reinstate their membership.

SmartFIT has only one type of membership, the monthly membership, which is accessible for people of ages 16+. Please note that our payment system does not allow payments from online banks such as revolut, paypal etc.

The memberships are for personal use, not transferable or refundable. It may not be passed on to anyone else (misuse of your access card will result in the termination of Membership). SmartFIT reserves the right to change the gym fees anytime once we give you prior notice.

A. Validity of Membership:

The period of validity of the Membership in the Gym (counted from the day of activation of the Membership):

The period of membership validity is 1 month - from the same date to the same date next month;

The cost of Membership in the Gym and the Member’s admission fees, which are announced in the website of the Gym, www.smartfit.ie, shall be set by the Gym.

The debit/credit card you choose to join with will automatically be selected as your preferred method of payment. You can change your debit/credit card at the reception.

You must have one default payment, which can be changed at any time at the reception. If the membership fee is returned unpaid 0or if any other form of payment is not honoured, we will send you an email informing you of the bounced payment. You will have 21 days from the failed payment date to make the payment or update your payment information at the reception before your access is suspended. You will be required to make payment by credit card/debit card within 21 days from the failed payment date to reactivate access and avoid paying the registration fee of €25. If the payment has been successful following a failed payment as scheduled by our recurring payment system, your membership will continue as per the original recurring payment schedule. Keep in mind that the rejoining fee of €25 will apply for any membership not active for more than 21 days. Please note that SmartFIT doesn't offer a system to remind you of your expiration date. All fees and other amounts paid to SmartFIT gym under the agreement are non-refundable and not transferable, with the exception of those cases named in Section C below. Registration fee will apply again if you wish to rejoin after 21 days without valid membership.

B. Pausing Membership

To use the freezing service your membership must be active. It is the member’s responsibility to freeze and unfreeze their membership at least 24 hours before the freezing date. Freezing requests can be made at the reception or over the phone on 01 551 3708. The fee to pause the subscription is €5 per month. When the customer decides to come back the fee is reset to the usual monthly fee from the first day when the member is back. When the member starts pausing, he/she will forfeit the active membership days he/she has left in their account. The membership pausing service can be used for an unlimited amount of time.

C. Termination of Membership.

Purchased memberships are non-refundable, with the exception where the Member could not use the facility due to a fault incurred by SmartFIT.

A Member who has concluded their standing order shall have the right to waive the services. All membership cancellations are done via the link provided at the end of this section (Section C. Termination of Membership.) only. It is the sole responsibility of the member to cancel their membership before the scheduled recurring payment date, at least 21 days in advance, in order to avoid paying any unwanted membership fees. If the member fails to give the notice period, the next month’s payment will be taken, the membership will be extended for another month and then the standing order will be canceled. We will not be held responsible for any charges incurred to you due to a delayed cancelation. SmartFIT reserves the right to change the membership prices without prior notice. The new price will be applied to customers who wish to reinstate their membership after the cancellation.

Should the member breach the rules and regulations outlined in this Privacy Policy the Terms and Conditions, the Management reserves the right to terminate the member’s membership according to their misconduct, as outlined.

In order to stop the standing order payment the member must request it 21 days in advance, as a notice period, by following the steps ( LINK ).

III. RULES OF THE MEMBERS’ BEHAVIOUR AND MEMBERS’ LIABILITY

The Member must, while in the Gym and the premises thereof:

Use the services provided by the Gym, its property and inventory in a responsible and careful manner; assume all possible measures in order not to cause any damage to the property of the Gym or one’s own health and property or that of other Members of the Gym, employees or other persons while using the services of the Gym;

In case of an accident in the Gym, the Member must make every effort to help the victims and/or help preserve the property of the Gym; and having witnessed an accident or other incident must provide all necessary information to the employees of the Gym or law enforcement institutions;

Be sober and not be under the influence of any psychotropic substances (drugs, medications, or other intoxicating or toxic substances). In case of any suspicion of possible insobriety or intoxication, an employee of the Gym must not allow a Member in such a state to enter the Gym or must request the Member to leave the Gym;

Immediately notify the employees of the Gym about the worsening of one’s own health or that of another Member or any trauma suffered while using the services of the Gym;

Take photographs and film videos only with the permission of the management of the Gym;

Wear only clean and tidy sportswear designed for such premises and closed sports footwear that holds the foot in a stable manner in the gym of the Gym;

Familiarize himself/herself with the rules for using the equipment or inventory placed in the premises of the Gym or specified on such equipment or inventory before using the equipment and inventory of the Gym; and in the event of any uncertainty, not use such equipment or inventory and contact the employees of the Gym in charge in order to obtain the necessary information;

Use the equipment and inventory of the Gym for the intended use thereof only, in the ways and in accordance with the procedure of usage of such equipment and inventory stipulated in the rules for using such equipment or inventory; not to use temporarily out-of-order equipment or inventory; notify the employees of the Gym in charge about out-of-order equipment or inventory as well as to contact them in case of any doubts regarding suitability of the state of the equipment or other inventory;

Bring soft drinks and water into the Gym in unbreakable vessels only;

Not hinder other persons’ use of the services of the Gym; notify the employee of the Gym in charge in the event that they notice other Members’ inappropriate behaviour that hinders other persons’ use of the services of the Gym or may endanger the safety or health of other persons;

Complaints should be communicated privately to a member of the SmartFIT reception staff or management, or via email to the Gym Management at info@smartfit.ie

The Members (and, in the case of underage Members, the Members’ parents or guardians) also undertake to compensate all damage caused by them to the Gym, to the equipment and consumables or other property of the Gym or of the employees of the Gym or any third persons, including other Members or their property in line with the deed of assessment of the losses presented by the Gym. The Member must compensate the damage caused to the Gym not later than within 3 (three) calendar days from the day on which the deed of assessment of the losses was presented to the Member responsible, except where a different period of compensation of damage is agreed with the Member with the consent of the Gym;

Visit only the premises intended for the Members; Comply with other provisions of these Regulations. The following is prohibited in the Gym:

  • Bring soft drinks and water in glass (breakable) containers;
  • Bring and consume foodstuffs and alcoholic beverages;
  • Use hair dryers for drying other items than hair (e.g. items of clothing or footwear);
  • Perform skin exfoliation, hair removal, hair colouring and other personal aesthetic hygienic procedures;
  • Wash clothes

The Gym does not provide the services of storage of items but merely provides the Members with the possibility to leave the items brought by them in locations assigned to that purpose. The Members shall leave their personal belongings in the changing room and changing lockers of the Gym. Lockers are made subject to availability. The Members must lock the lockers after leaving their belongings in them. The Members are advised not to bring any expensive or valuable items to the Gym. The Gym shall not be liable for the items left by the Members in the changing rooms or other premises of the Gym. The Member must immediately notify the Gym of any missing or damaged personal items. Padlocks may be broken to gain access and will not be replaced by SmartFIT in the following instances: if the customer loses their keys to their padlocks after locking it; if the customer leaves the locker locked after the gym closes;

if a customer accidentally locks another member’s locker and loses the key to that lock. The Gym shall not be liable for the loss of and/or damage to any personal belongings of the Members, unless such loss or damage occurred due to the fault of the Gym. Lockers and changing rooms must be cleared by the Members after each visit. Any items left in the Gym by the Member shall be kept for 5 (five) calendar days, after which the Management reserves the right to dispose of the items. No claims shall be entertained after this.

When entering the premises of the Gym, the Member shall press the Membership Card against the card reader. The Member shall lock the changing locker using his/her own lock. A personal lock is necessary because of the design of the lockers installed at the Gym.

Should the Member fail to fulfil these Regulations more than once or violate these Regulations grossly at least once or where the Member by his/her actions endangers the interests of other persons using the services of the Gym, the Management shall have the right to terminate the validity of the Member’s Membership and/or not to permit the Member to enter the Gym without notice and with immediate effect. Any violations of the Regulations committed by the Member shall be recorded with the appropriate warnings of the employees of the Gym expressed to the Member orally and/or in writing. A member whose membership is terminated shall forfeit all the privileges of a membership with immediate effect without any claim of refund or compensation.

Taking into account the specifics of the work of the Gym and customer service as well as the fact that the Members shall use the services of the Gym independently, the Member is informed and agrees that there may be no employees present in the premises of the Gym at certain times during the business hours of the Gym. The availability of the classes is based on a first come first serve basis. The class admissions begin 30 (thirty) minutes prior to the class commencement and end 5 (five) minutes before the class begins. Late arrival means no entry, no exceptions.

IV. ADDITIONAL RULES IN THE GYM

The Member is informed and agrees that he/she shall exercise (engage in sports) in the gym of the Gym independently, choosing specific sports equipment, tools and installations as well as physical loads by himself/herself in accordance with his/her individual needs, personal characteristics and the influence on his/her body. There shall be no employees of the Gym in the gym; the Member’s workout in the gym shall not be supervised.

Before using a piece of fitness equipment, the Member must familiarize himself/herself with the rules placed in the premises of the Gym or specified on such a piece of fitness equipment regarding the procedure of using the piece of fitness equipment and correct performance of any exercise performed using it. The Gym shall not be liable for any damage incurred by the Member due to a violation of this clause of the Regulations.

Members may not use the studio during “free hours” unless specifically arranged with SmartFIT Management.. A towel must be spread on a piece of fitness equipment before performing any exercises. After finishing the exercises, the fitness equipment must be left in good order, suitable for use by other persons who use the services of the Gym. The accessories of fitness equipment and other equipment of the gym must be replaced in their assigned locations. Members are required to clean the machines and equipment after use. .

If one is not using a piece of fitness equipment, one may not sit on the piece of fitness equipment or in any other manner hinder any other person who uses the services of the Gym from using it.

The Gym must be immediately notified of any failures of the fitness equipment or other equipment of the gym. Using temporarily out-of-order fitness equipment or other equipment of the gym is forbidden. Temporarily out-of-order equipment of the gym shall be marked by the plates “Temporarily out-of-order”. The Gym shall not be liable for any damage incurred by the Member arising from failure to follow this clause of the Regulations. .

V. THE FOLLOWING IS FORBIDDEN IN THE GYM:

Members under 16 may engage in sports in the gym only with the written consent of his/her parents or guardians;

An employee of the Gym, having become aware of a person under 16 in the gym without consent of his/her parents or guardians, shall have the right to request him/her to leave the Gym. The rules stipulated in other clauses of the Regulations must also be followed in the gym. SmartFIT reserves the right to update, modify and/or change the Privacy Policy at any time. Any such changes will be posted here. If you continue using SmartFIT services after we have made changes to the Privacy Policy, you hereby consent to be bound by any such changes.