1. General conditions and validity
The general terms and conditions of sale (hereinafter referred to as “GTC”) govern the contractual terms and conditions between MOTIONLAB SA (hereinafter referred to as “MOTIONLAB”), Chemin du Petit-Flon 29, 1052 Le Mont-sur-Lausanne and the client (hereinafter referred to as “the client”). Each client commits himself to respect the other clients, the staff, the employees of MOTIONLAB or the third parties linked to it. The GTC and their validity can be modified at any time. The possible modifications will be communicated on the MOTIONLAB website. They will then be integrated into the existing contract.
The subscription contract is nominative. It cannot be shared with any third party. However, the contract can be definitively transferred to a third party once and for all, if the said third party accepts to take over the contract under the same conditions. The transfer by MOTIONLAB remains reserved. An administration fee of CHF 50.00 is payable for the transfer. When a contract is concluded, identification is mandatory. Official photo IDs such as identity cards, driving licenses or passports are accepted. The customer is obliged to notify any changes to the contract data (e.g. name, address, e-mail address, telephone number) immediately to MOTIONLAB or in writing to sport@motion-Iab.ch. Contracts can be concluded in paper or electronic format with paper signature or digital signature via the website with payment by credit card. A withdrawal period of seven days is granted to the signing customer from the date of signature provided that it is communicated by registered letter. The signing legal representative is jointly and severally liable with the minor customer for the proper and faithful execution of the contract. The same applies to guarantors. The customer acknowledges that the sending of documents and information in electronic format is considered valid. The customer undertakes to provide a valid and customary email address and cell phone number. The client is responsible for verifying the receipt of paper or electronic invoices and for promptly informing MOTIONLAB in case of non-receipt, e.g. if the emails are placed in the Spam section of his account. MOTIONLAB is in no way responsible for the non-verification by the client of the good reception. The customer certifies to be at least 18 years old.
For minors (8- 17 years old), a prior agreement signed by a legal representative must be provided no later than the first day of the contract.
MOTIONLAB provides the client with training facilities and equipment available during business hours for non-exclusive use. MOTIONLAB expressly reserves the right to change the location, opening hours and equipment available. All prices are in Swiss Francs (CHF) and include all taxes.
MOTIONLAB offers different types of services which may be additional services not included in the subscription price depending on the type of contract. It depends on the type of subscription. Access to group classes or any other type of group or individual training may be limited to a maximum number of participants. A prior registration may be required from the customer. The offer can be modified at any time, but no refund or extension of the subscription can be deducted. All other services, whether contractual or service-related, are subject to a fee and will be invoiced in addition. There is no entitlement to a refund for a full group course or a change in the group course program, nor is there any entitlement to a refund in the event of a cancellation of a group course. A minimum of two people per group class is required for the class to take place. With some exceptions, the accumulation of offers, vouchers or discounts is not allowed. Promotional actions carried out by MOTIONLAB in the form of free months are valid as long as the offered duration does not exceed the contractual one, and for this period only. A registration fee of CHF 50.00 may be charged for each new subscription.
4. Payment and late payment
The client undertakes to pay his subscription according to the conditions stipulated in the contract. It is the client’s responsibility to ensure payment, even in the case of automatic debits by MOTIONLAB. If the payment is not made on time, the customer will be denied access to the room until the amount due is settled. After 10 days, the client will receive a reminder with a CHF 30.00 reminder fee. After 30 days, the customer will receive a second reminder with an additional CHF 30.00 reminder fee. The reminder fee cannot be revoked. If after 60 days the invoice is still not paid, the customer will be in breach of contract and the entire subscription will be due immediately. MOTIONLAB will then forward the file to a collection company, which will add additional fees. These fees are irrevocable. The temporary suspension does not give right to any subscription extension. Once the amount is paid, access to the club will be unblocked. MOTIONLAB will send reminders by email. Non-receipt of these emails does not remove the customer’s responsibility to pay and does not prevent the collection company’s fees.
5. Liability and Insurance
The client is responsible for any damage to property and personal injury that he/she may cause, of his/her own doing, within MOTIONLAB and undertakes to pay all costs inherent to such damage, upon presentation of an invoice or a written statement. The client acknowledges being aware of the risks incurred by the use of the facilities to which he has access within MOTIONLAB. It is the client’s responsibility to inform himself on the use of the facilities provided. MOTIONLAB cannot be held responsible for any physical or material damage, following any accident resulting from the non-observance of the safety rules or the inappropriate use of the devices or other facilities. MOTIONLAB declines all responsibility in case of loss or theft of personal belongings on the entire site, even if locked in a locker or deposited at the reception. The client confirms that he/she has taken out an insurance policy covering him/her for personal injury in case of accidents or incidents during his/her training. The client declares to have undergone a medical check-up and registers with MOTIONLAB with the approval of his doctor in order to use all the services provided by MOTIONLAB. MOTIONLAB shall not be liable for any misrepresentation made by the client as to his/her physical condition or for any injury resulting from incapacity, concealment or any other alteration of his/her physical condition.
6. Access and opening hours
The opening hours of the center are posted on site and published on the website. The opening hours are subject to change at any time and do not entitle the client to a refund of the subscription or to terminate it early. On certain days, such as public holidays, the center may be closed without any claim being possible. MOTIONLAB reserves the right to temporarily close its center in case of revision, renovation, in case of force majeure or if the center is reserved. The subscription will be adjusted accordingly. The customer is expressly made aware of his full and complete responsibility in case of self-service use of the center (without staff present). The customer receives a unique means of identification (e.g. membership card) when concluding a membership contract. This unique identifier allows the member to access the MOTIONLAB center by the type of contract entered into. The customer must be able to present his unique means of identification at all times, especially for access to MOTIONLAB. His access is recorded at each entry. In case of loss of the unique identification, the member must notify the center where he is registered and must acquire a new unique identification at his own expense, at a price of 50CHF. In case of transmission of his unique identification means to a third party, the client who is the contractual holder may be excluded from access to MOTIONLAB. Administrative expenses can be charged to him. The subscription remains due in its entirety and for all its contractual duration.
7. Data protection and monitoring
By signing the contract, the customer acknowledges and agrees that the individual training areas of MOTIONLAB will be monitored by cameras for security purposes. The locker rooms and restroom facilities are not monitored by cameras. The client expressly authorizes MOTIONLAB to provide his personal data (name, first name, address, email, etc.) for identity and credit checks in case of collection actions undertaken by a mandated third party. MOTIONLAB uses computer software for the processing of customer data which is stored in Switzerland. MOTIONLAB is authorized to transfer these data to third party service providers for analysis, improvement of its services and advertising (google analytics, meta, pixel, etc.). The client also authorizes MOTIONLAB to use and diffuse these photos on all digital platforms or in paper format and to appear on the publications. MOTIONLAB undertakes to keep all personal data strictly confidential, subject to access to such data for its normal activity. As long as it is expressly authorized, even in case of breach or termination of the contract, by the holder of the personal data, MOTIONLAB may transmit the personal data to its business partners, for advertising, marketing or promotional purposes. The customer may withdraw his consent at any time in writing. The client’s attention is expressly drawn to the fact that a photo may be taken at each access to the center to verify his identity.
8. Duration of the contract, rules or procedures and termination
In case of early termination of the contract, even for good reason, an administration fee of CHF 50.00 is due. MOTIONLAB can offer up to 6 additional months free of charge if the subscription is still in progress with a competitor. The customer must provide proof of the end date of their current subscription to qualify for this buyout. The customer must take out a subscription for a minimum period of 12 months. The subscription contract is fixed for the contract period specified therein. If the member does not terminate the contract in any case 30 days before its expiration, by registered letter, the contract is automatically extended for the same duration, and so on, for a new period of the same duration, provided that this mode of renewal was chosen at the conclusion of the contract. MOTIONLAB reserves the right to terminate the contract at any time and without prior notice for just reasons, such as the client’s failure to respect the contract and/or these general conditions or the internal rules (in particular respect of the rules of hygiene, minimal cleanliness, good manners, respect of the other clients and employees, to put away all his material etc.). MOTIONLAB refunds the balance of the subscription in proportion to the concerned duration. The administrative and registration fees remain due. The internal rules are published on the website. The client is made aware of his obligation to read them. The rules of procedure are an integral part of the contract. MOTIONLAB reserves the right to modify the rules of procedure and/or the specific rules. No refund is due in this case.
9. Vacations and absences
Periods of absence (pregnancy, accident, illness, military service, temporary relocation) can be recovered in full with a medical certificate or supporting document. The date of receipt of the supporting document is the only date considered for the calculation of absences to be recovered. A long-term absence of at least 4 months (pregnancy, accident, illness, military service, temporary or permanent relocation) may result in early termination of the subscription, subject to supporting documentation (medical certificate, proof of residence of the new place of residence, etc…). An administrative fee of CHF 50 will be charged. If the actual duration of the subscription is shorter than that stipulated in the contract, the applicable price will be that of the subscription corresponding to the duration that actually bound the parties. The period of absence concerned must be made no later than 7 days after the date of the beginning of the period of absence requested, otherwise the period of absence will begin on the date of sending the proof. This announcement must be made by email to firstname.lastname@example.org. No absences will be credited during the period of the cancellation period. Failure to use the facilities does not entitle the client to a reduction or refund of payments or to early termination of the contract. If the use of the membership center facilities is prevented through no fault of the customer for more than one month, MOTIONLAB will compensate the customer with a free subscription period for the same duration as the prevention. The scheduled payment dates remain applicable. MOTIONLAB reserves the right to close its center for 2 weeks per year. This closure does not entitle the client to a refund or an extension of the contract.
In case of invalidity and/or nullity of one or more clauses of the present contract, the latter remains valid for the rest. MOTIONLAB undertakes to provide a certificate of subscription to be used with insurances so that the member can benefit from possible discounts and/or offers. The personal trainers and fitness trainers practicing in the MOTIONLAB center are independent. For all damages, accidents or injuries sustained during a training given by a freelancer in the premises of MOTIONLAB, the responsibility of MOTIONLAB is excluded and falls to the freelancer. The client’s attention is drawn to the fact that each freelancer must be affiliated to a professional liability insurance. Any behavior to the contrary is just cause for immediate termination of the contract.
11. Personal Care
Any session cancelled without 12 hours notice to the coach is due and billed. The client will only be admitted to the training session if he/she has paid the invoice due according to the type of payment chosen. The coaching staff declines all responsibility for information not provided at the time of the assessment. If the client stops attending the personal coaching course for any reason, the participation fee paid remains due. The various personal coaching subscriptions are valid for a period of time that is not more than twice the original duration. For example, a number of sessions planned for 3 months cannot exceed 6 months beyond this period, the sessions are no longer due. In case of cancellation of the contract for good reason (e.g. medical certificate), an administrative fee of CHF 200 will be charged.
12. Jurisdiction, applicable law and acknowledgement of debt
Swiss law is applicable to this contract. Any dispute relating to this contract and its appendices will be submitted exclusively to the legal authorities of the jurisdiction of the company MOTIONLAB. This contract is an acknowledgement of debt within the meaning of Article 82 of the Swiss Civil Code. General Terms and Conditions of Sale – Motion Lab SA – Ch. du Petit-Flon 29 – 1052 Le Mont-sur-Lausanne – www.motion-lab.ch