CLUB MEMBER REGULATIONS Effective as of 31 May 2023


I. Definitions and general principles

1. Words used in these Regulations in capital letters have the following meaning:

a) Mobile Application – dedicated Network software with touch interface, operating on portable electronic devices such as smartphone or tablet (meeting minimum requirements as to the version of the operating system), enabling data processing and storage, used for registering on the Club Member Portal, managing individual Club Member account, entering the Club by generating the QR code. You can download the Mobile Application from the App Store (iOS) and Google Play (Android).

b) Regulations, Club Member Regulations – these regulations effective as of 31 May 2023.

c) Club Member – a person using services offered by the Company, who has made an agreement with the Company for the use of the Network services.

d) Club – a fitness club belonging to the Network. The list of clubs belonging to the Network is available on the Website.

e) Price List – a price list containing fees for particular Memberships and other services available at the Club and on the Website.

f) Website – a website containing information about the operation of the Network, as at the date of entry into force of the Regulations the website is available at the following address: https://www.holmesplace.com/pl/pl/, whereas the above-mentioned address may change, which does not constitute a change to these Regulations.

g) Company – a company that runs the Network and with which an agreement for the use of the Network services is made. In connection with the merger of Medicover Fitness sp. z o.o. and Well Fitness Sp. z o.o., until 31 May 2023 it is:

Medicover Fitness Spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw (00-844) at ul. Grzybowska 63, entered into the Register of Entrepreneurs kept by the District Court for the Capital City of Warsaw, 12th Commercial Division of the National Court Register under KRS no. 0000221325, tax id. no. (NIP) 5262823001, business id. no. (REGON): 015847779, share capital of PLN 7,325,000.00.

As of 31 May 2023 it is:

Well Fitness Sp. z o.o. with its registered office in Wrocław, ul. Jana Długosza 74, 51-162 Wrocław, entered into the Register of Entrepreneurs of the National Court Register in the District Court for Wrocław-Fabryczna in Wrocław, 6th Commercial Division of the National Court Register, under KRS no. 0000388795, tax id. no. (NIP) 6912483942, business id. no. (REGON) 021523888, share capital of PLN 3,423,000.00 – as the company acquiring Medicover Fitness sp. z o.o. As of 31 May 2023, Well Fitness Sp. z o.o. by virtue of law assumes all rights and obligations of Medicover Fitness Sp. z o.o., including those resulting from agreements made with Club Members. Assuming the rights and obligations referred to above takes place provided that the merger of the above-mentioned companies is registered.

h) Network – a network of fitness clubs run by the Company, which as at the date of entry into force of the Regulations operates under the ‘Holmes Place’ brand, while the change of the brand under which the Network operates is acceptable. The change does not affect the scope of the agreement made by the Club Member and does not constitute a change to the Regulations. The change of the brand is made by informing the Club Member about the above-mentioned change.

i) Club Member Portal – an ICT system available via the Website, allowing the logged-in users (Club Members) having the Club Member account to manage their Membership, in particular to manage payments and to book participation in group activities available at the Club.

2. The Regulations constitute regulations within the meaning of Article 384 of the Polish Civil Code and determine the rights and obligations of the Club Member and the Company – the parties to the agreement for the use of the Fitness Club Network services, and in the scope determining the principles of using the Club Member Portal (point XXI of the Regulations) the Regulations constitute regulations of the provision of services by electronic means.

3. These Regulations apply also to any promotional campaigns organised by the Company.

4. The Company provides sports and leisure services to individual customers and companies.

5. These Regulations are binding upon all customers of the Company.

6. These Regulations are effective as of 31 May 2023 and replace the existing membership regulations.

  1. 7. These Regulations are available on the Website and at each Club.
II. Execution of the agreement and membership in the Club

1. A person using services offered by the Company (‘Club Member’):

a) under the terms and conditions specified in these Regulations enters into an agreement with the Company for the use of the Club Network services, whereas the agreement concerns the use of a specific Club indicated by the Club Member (unless the Club Member for an additional fee indicated in the Price List makes an agreement allowing the use of other Clubs belonging to the Network);

b) obtains free access to the Club Member Portal where, after registering via the Club Member account, they obtain the possibility to manage their Membership.

2. The agreement between the Club Member and the Club is made:

a) at the Club – by registering on the Club Member Portal, opening the Club Member account, selecting the Membership and paying the fee in advance in accordance with the terms and conditions of a given Membership in the amount specified in the Price List

or

b) by opening the Club Member account on the Club Member Portal available on the Website, selecting the Membership and paying the fee in advance in accordance with the terms and conditions of a given Membership in the amount specified in the Price List.

3. The Agreement is made only if the fee is paid in accordance with the terms and conditions of a given Membership. In the case of failure to pay the fee, the agreement is not made.

4. The purchase of a single pass is possible only at the Club, upon paying the fee consistent with the Price List and registering on the Customer Portal. The person purchasing a single pass is obliged to provide their first and last name, e-mail address and phone number.

5. The Club Member can only be a person not less than 18 years of age, while with the statutory representative’s consent the Club Member can be a person not less than 16 years of age, not fully legally incapacitated; in the case of the swimming lesson service, members of the family of the Club Member aged 4 years and over (only under the care of a legal guardian) can enter the Club’s premises.

6. The document proving membership and thus the right to use the Club’s services is the identity document or the Membership card (if issued) together with the identity document. The Club’s Personnel has the right to refuse access of Club Members to the Club’s premises if they do not show the above-mentioned documents.

7. The entry through the Club gate can take place with the use of the QR code generated via the Mobile Application or the Membership Card (if issued). In the case of leaving the Club, it is possible to re-enter the Club after 30 minutes from leaving it. If a given Club offers such a possibility, the entry to the Club can take place through the verification of biometric data (fingerprint or retina scanning). The processing of the Club Member’s biometric data will take place only if they express their explicit consent to this. In such a case, the biometric data will be stored by the Club in order to allow entering and leaving the Club and for the purposes of verifying the frequency of attendance to the Club.

8. If the Club Member has active Membership, however it is not possible to generate the QR code via the Mobile Application or they do not have the Membership Card (if issued) and if the Club Member does not give consent to the processing of their biometric data referred to above, the entry to the Club will take place through opening the gate by the employee of the Club’s reception desk after prior verification of the Club Member’s identity based on their identity document. If the Club is open at night, access to the Club in the above manner may take place only during the reception desk’s opening hours.

9. In cases indicated in point VII.6 of the Regulations, the Company may refuse the Membership, cancel the Agreement or terminate the Agreement without notice.

10. The Club Member is obliged to inform the Club about any changes in personal data provided, including the payment card data used to pay fees for the Membership in the Club.

11. The Company reserves the right to refuse to make an agreement if it reasonably believes that it may result in a possible threat to the Club Members’ security and the order at the Club as well as a possible violation of the Company’s interest.

12. In the case of signing an agreement through the online registration or outside the Club (e.g. in the case of events), the Club Member has the right to withdraw from the agreement within 14 days from the date of the agreement execution without giving reasons. In order to exercise the right to withdraw from the agreement, the Club Member has to notify the Club about their decision on withdrawal from this agreement by means of a clear declaration (letter sent only by post or e-mail to the Club’s address). In order to meet the deadline for withdrawing from the agreement, it is sufficient to send the information about exercising the right to withdraw from the agreement before the expiry of the deadline for withdrawing from the agreement. If the Agreement is made under the procedure referred to in this section, a person may start using the Club’s services after the expiry of the period for withdrawing from the agreement, unless the Club Member submits a declaration that they request the performance of the agreement before the expiry of the period for withdrawing from the agreement. In the case of withdrawing from the agreement, the Company returns all payments received, unless the Club Member has submitted a declaration that they intend to use the Club before the expiry of the deadline for exercising the right of withdrawal, in which case the Company is entitled to charge the registration fee and the Membership fee in the amount proportional to the number of days of the Membership. The fees will be reimbursed using the same payment method that the Club Member has used in the original transaction, unless the Club Member has given explicit consent to another solution; in each case the Club Member does not incur any fees in connection with this reimbursement. The right to withdraw from the agreement is not applicable in relation to services that have been performed in full.

13. At some Clubs people using a partnership programme (e.g. Medicover Sport) can use these Clubs. If people using a partnership programme can use the Club, they should register at the Club’s reception desk in order to use the Club’s services, giving their first and last name, e-mail address and phone number.

III. Pass assignment

1. The Club Member can transfer rights resulting from the Agreement to another person, after submitting a prior written notification to the Club, obtaining the Club’s consent to the Agreement assignment and paying the fee according to the Price List.

2. For the effectiveness of the assignment, it is necessary for the assignor and the assignee to be present at the same time at the selected Club, to sign the declaration on assignment, to open the Club Member account for the new Club Member, as well as to provide address data and payment card data and to accept the Regulations.

3. Passes with debt may not be the object of the assignment.

4. The assignment always takes effect on the first day of the next calendar month.

IV. Types of Memberships and term of the agreement

1. Three types of Passes (Memberships) can be purchased at the Club:

a) ANNUAL pass (membership);

b) UPFRONT pass (membership);

c) FLEXI pass (membership).

2. In the case of the ANNUAL membership, the agreement is made for a definite period of 12 months. On the day following the last day of the above-mentioned term of the Agreement, this Agreement is extended for an indefinite period of time, unless the Club Member or the Company, no later than 30 days before the expiry of 12 months of the term of the Agreement, gives notice of termination subject to the requirements specified in point V.1 of the Regulations. If the term of the Agreement is extended for an indefinite period of time, the Club Member has the right to terminate the Agreement with a 3-month notice period.The notice period begins on the first day of the calendar month following the calendar month in which the notice has been delivered. The Club Member is still obliged to pay the membership fee during the notice period and the Company is obliged to make available the Club in the scope of the services provided. The membership, the rights and obligations related to it as well as the agreement expire on the last day of the notice period.

3. In the case of the UPFRONT membership, the agreement is made for a definite period of 12 months.

4. In the case of the FLEXI membership, the Agreement is made for an indefinite period of time, but for at least 3 months. The Agreement may not be terminated before the expiry of 3 months. The notice period is one month and begins to run from the first day of the month following the month in which the notice has been submitted. The notice period begins on the first day of the calendar month following the calendar month in which the notice has been delivered. The Club Member is still obliged to pay the membership fee during the notice period and the Company is obliged to make available the Club in the scope of the services provided. The membership, the rights and obligations related to it as well as the agreement expire on the last day of the notice period.

5. The Club Member has the right to suspend the membership by submitting a written declaration only at the Reception Desk of a given Club for a period not exceeding 3 months during one year counted from the beginning date of the given Club Member’s membership. Each suspension requires the Club Member to pay the fee in advance in accordance with the Price List. The term of the Agreement is automatically extended by the period of the Agreement suspension.No monthly membership fees are charged for the suspension period.

6. The suspension must be reported not later than by the 25th day of the month preceding the month in which the membership is to be suspended.

7. An active suspension of the membership may be shortened at the earliest after 14 days from the date of its commencement. In such a case, the fee for the membership suspension is not reimbursed.

8. After the expiry of the suspension period or after its shortening, the membership will be automatically renewed, which results in the collection of monthly fees for the membership.

9. The Club Member’s membership may be suspended in person or through a representative at the Club’s Reception Desk.

10. The suspensions of the membership cannot be carried out if the Club Member has arrears and financial obligations resulting from the membership agreement.

11. During the suspension period of the Club Member’s rights, the Club Member is not entitled to enter the Club, and the Company is not obliged to provide the suspended Club Member with any services connected with access to the Club.

12. The suspended Pass cannot be terminated as well as the Pass in relation to which the declaration on termination has been submitted cannot be suspended.

13. The Company reserves the right to introduce other passes than those provided for in point 1 above. The introduction of additional passes does not constitute a change to the Regulations and may be made in additional regulations specifying the terms and conditions of a given pass or promotion.

V. Termination of the agreement

1. The Club Member can terminate the agreement only in person at the Club’s reception desk, completing the termination form or via e-mail sent to the Company’s address indicated on the Website. The e-mail should be sent from the address assigned to the Club Member account for the purpose of an unambiguous identification and contain the following data: first and last name, date of birth. The notice of termination is deemed to be submitted on the date of receiving the e-mail by the Company.

2. The Company may terminate the agreement with one month’s notice effective at the end of the next calendar month only for important reasons, including in particular:

a) the Club Member’s failure to make payments within deadlines specified in Chapter XX;

b) the Club Member’s failure to observe the applicable rules in the scope of leaving the place in order after exercises, in particular to put the equipment taken for exercises away to the designated place, failure to observe the opening hours of the Club;

c) the Club Member’s failure to observe the adopted rules of order and security, in particular the rules specified in the Club’s Regulations and the instructions for the operation of particular devices located at the Club.

3. If the Club Member commits a gross violation of the Regulations, in particular if they behave in an inappropriate manner or cause damage, the agreement may be terminated by the Club with immediate effect.

4. In the case of promotional campaigns, the terms and conditions of terminating the agreement may be changed, and the relevant provisions will be included in the rules of the promotion.

VI. Corporate agreements

1. In the case of companies, the rules of cooperation are also specified in a separate agreement. In the case of any discrepancies between the provisions of the Regulations and the provisions of the Agreement, the provisions of the Agreement prevail.

In the case of corporate agreements, the Club Members receive personal cards that cannot be sold or exchanged. The Club’s reception desk has the right to request the person who holds a personal card to confirm their identity by presenting a document with a photo for inspection. The entity indicated in the agreement will inform the Club about the change of the entity authorised on the basis of a given card at least 14 days in advance. The lack of information causes that the new person will not be allowed to use the existing card.

2. Therefore, each Club Member using the Club on the basis of a corporate agreement accepts the provisions of the Regulations.

3. The payer of the fee for using the Club is the entity indicated in the corporate agreement. The payer’s failure to make payments by the 5th day of the month makes it impossible for people covered by the corporate agreement to use the Club.

1. In the case of companies, the rules of cooperation are also specified in a separate agreement. In the case of any discrepancies between the provisions of the Regulations and the provisions of the Agreement, the provisions of the Agreement prevail. In the case of corporate agreements, the Club Members receive personal cards that cannot be sold or exchanged. The Club’s reception desk has the right to request the person who holds a personal card to confirm their identity by presenting a document with a photo for inspection. The entity indicated in the agreement will inform the Club about the change of the entity authorised on the basis of a given card at least 14 days in advance. The lack of information causes that the new person will not be allowed to use the existing card. 2. Therefore, each Club Member using the Club on the basis of a corporate agreement accepts the provisions of the Regulations. 3. The payer of the fee for using the Club is the entity indicated in the corporate agreement. The payer’s failure to make payments by the 5th day of the month makes it impossible for people covered by the corporate agreement to use the Club.

1. The purpose of making the agreement between the Company and the Club Member is to ensure by the Company the possibility of training at the gym, participation in group activities and training with a personal trainer and other services announced on the Website.

2. The Club Member Regulations are aimed at providing all Club Members with optimal training. In the case of any questions, the Club’s employees during the reception desk’s opening hours are always available, taking into account the rules and exceptions provided for in the Club Member Regulations.

3. Each of the Club Members starts exercises on their own responsibility. In order to obtain information on the possibility to perform physical exercises and the absence of any contraindications to attend the Club, the Club Member should undergo appropriate medical examinations and seek medical opinion. The Company is not responsible in particular for any injuries or illnesses resulting from exercises improperly performed by the Club Member.

4. In the case of indisposition, injury, damage or other health problems, the Club Member should immediately inform the Club’s employee before starting exercises if the above problems occur after their commencement, also during exercises.

5. The Club Member uses the Club on their own responsibility and may not submit any claims against the Company on account of bodily injury or loss of health in connection with the use of the Company’s services, unless they have been caused by the Company intentionally. In particular, the Club Member is obliged to perform exercises in accordance with the service staff’s instructions or the trainer’s recommendations.

6. The Club Member should use the Club’s premises and devices in accordance with their intended purpose and in the manner indicated by people managing the Club or resulting from relevant instructions or information, and in their absence in accordance with good practice or precautionary rules. People managing the Club and the Company’s employees may request the Club Member to leave the facility if:

a. the Club Member’s behaviour threatens other Club Members’ safety and the order at the Club;

b. the Club Member does not comply with the instructions given by the Club’s employees;

c. the Club Member does not comply with the rules of operation and instructions of the equipment located at the facility, in particular if the Club Member’s behaviour may cause damage to the equipment or is contrary to the provisions of these Regulations.

7. The Club Member is financially responsible for damage to or destruction of premises, devices or equipment owned by the Company, as well as for damage caused by the Club Member to third parties.

8. Additional requirements and rules for using swimming pools are specified in the swimming pool regulations available at a given Club.

9. Using the Club is connected with the possibility of recording the Club Member’s image, including during exercises (i) by a monitoring system, in order to increase safety of people at the Club’s premises, protect the property, monitor the application of procedures applicable in the Company, limit access to the Club of unauthorised people, (ii) or in a situation in which we want to record the Club Member’s image in photos that can be published in social media, on channels belonging to the Company and the trainers and instructors cooperating with the Company. If we wish to record the image in a photo and to publish it later – the Company’s employee will ask you each time before taking the photo for a relevant consent. The lack of giving it will not result in any negative consequences. Possible photos may be used by the Company for promotional or advertising activities..

VIII. Opening hours

1. During the Club’s operating hours, the Club Member can use the Club’s premises and devices depending on the type of the pass held. The types of passes, including prices, the Club’s opening hours and other features assigned to a particular type of pass, are published on the Website.In the case of changes in the terms and conditions of passes planned by the Club, the Club Members will be informed about these changes in accordance with Article XXIII of these Regulations and they retain the right to terminate the agreement in accordance with Article XXIII of the Regulations.

2. The Club’s opening hours may be specified differently in each Club, they are available at each Club’s registered office and on the Website as well as they may be changed depending on circumstances, e.g. during holidays.

3. In the case of some Clubs, they may be open at night. Night time means making available the Club to the Club Members outside standard opening hours. In the case of introducing night time, the Club reserves the right to change the Club’s opening hours as well as to resign from opening the Club at night.

4. The Club may be closed for important reasons, e.g. for the time necessary to carry out required renovations or sanitary procedures. In cases where the Club’s closure is planned, the Club Members will be notified about it by placing appropriate information at a generally available place. The Company also reserves the right to temporarily exclude individual areas from the use, e.g. sauna, fitness room, swimming pool.

5. In justified cases, the Club has the right to turn off the water supply in showers in cloakrooms. The hours of closing the showers will be clearly displayed at each Club.

6. If a swimming pool is available at a given Club, the Club Member is obliged to leave the swimming pool area half an hour before the end the Club’s opening time.

IX. Behaviour

1. The Club’s functioning is based on mutual respect, interaction, openness and positive attitude. 2. The Club Member is obliged to comply with the instructions given by the Company’s employees. 3. The Club Member is obliged to leave the place in order after exercises, in particular to put the equipment taken for exercises away to the designated place. 4. In the absence of the Company’s employees, the Club Members are obliged to comply with the adopted rules of order and security, in particular the rules specified in the Regulations, as well as the instructions for the operation of particular devices located at the Club. 5. If the Club has its registered office at the shopping gallery, shopping centre or hotel, the Club Members of these premises are also obliged to comply with all regulations and order rules in force at the shopping gallery, shopping centre or premises. The Company does not ensure parking spaces. The Club Member may use parking spaces under the rules specified by the owner of the facility in which the Club is located. 6. If the Club has been held responsible or has repaired damage caused at the premises of the shopping gallery, shopping centre or hotel in connection with the Club Member’s act or omission, resulting from their failure to comply with the content of the regulations and order rules, the Club has the right of recourse against the Club Member, corresponding to the amount of the claim and the costs incurred. 7. The responsibility rules referred to in points 5 and 6 apply accordingly to Clubs located in other places than shopping galleries, shopping centres or hotels. 8. Aggressive behaviour, violation of the order rules at the Club or the facility in which the Club is located, non-observance of the Club’s opening hours or violation of these Regulations authorises the Company to ask the Club Member to leave the Club or the facility and to exclude them from the Club membership, and thus constitutes a termination of the agreement without notice. 9. The Club Member is responsible for any damage caused by the Club Member’s fault at the premises of the Club and facilities in which the Club is located. 10. The Club Member does not have the right to regulate or change the air conditioning settings at the Club or to regulate on their own the volume of the audio equipment.

X. Personal training

1. Only personal trainers cooperating with the Club are authorised to conduct personal training at the Club. 2. Without a written agreement with the Company, the Club Member is not allowed to conduct business activities at the Club. In particular, the sale of personal training and its performance at the Club are prohibited. In the case of detecting a violation of this prohibition, the Company has the right to charge the Club Member with a penalty of PLN 500 and may terminate the agreement with immediate effect without returning any amounts due. 3. Personal training will be implemented on the basis of separate regulations provided directly to the Club Member who has purchased such a service. 4. Depending on circumstances, personal training will be performed on the basis of an agreement with the Company or directly with the trainer, details will be determined each time with the Club Member.

XI. Handling of the equipment

1. The equipment may be used only for exercises for which it is intended. 2. The equipment and accessories (dumbbells, barbells etc.) must be put away.They must not be dropped from a height. 3. Each device should be put away to its place after its use. 4. The devices/dumbbells/machines during the break between the exercises are made available to other Club Members so that they have free access to them. 5. Machines should be cleaned/disinfected after using them with liquid and paper towels available at the Club. 6. Any defects of and damage to the equipment should be immediately reported to the Company’s employees.

XII. Clothes

1. During the training, the Club Member should wear training clothes and clean sports footwear covering the toes and heels. The training in footwear used outdoors, barefoot or in sandals, flaps or socks, in working clothes or jeans is prohibited. 2. It is not allowed to train without a T-shirt. The training clothes should cover the chest. In the case of using the swimming pool, the swimming suit requirements are specified in separate regulations available at the Club. 3. In order to maintain hygiene and to comply with maintenance recommendations concerning the equipment, it is required to use a towel. It is not allowed to wear at the Club clothes with elements related to nationalist, Nazi, offensive, vulgar, violating morality and decency or communist organisation and organisations calling for aggression and violence.

XIII. Handling of the Membership Card

1. In the case of loss or destruction of the Membership Card, the Club Member is obliged to notify the Club’s reception desk within 7 days from the date of such an event. The new Card will be issued after the payment of the fee in the amount presented in the Price List available on the Website. 2. Making the Membership Card (pass) available to third parties is not allowed and it will result in imposing a penalty on the Club Member according to the Price List.

XIV. Group activities

1. Group activities at the Club are conducted only by the instructors cooperating with the Company. 2. The Club Members participate in activities on a voluntary basis and on their own responsibility. 3. It is obligatory to sign up for group activities. Group training is conducted in groups with a minimum number of 3 people. The above-mentioned training may be cancelled if the number of interested people is less than the number indicated above. 4. If the Club Member cannot attend the activities for which they have signed up, they are obliged to report their absence by phone at least 2 hours before the beginning of the activities, unless an unexpected obstacle has occurred. The Club Member is obliged to arrive at the activities no later than 3 minutes before their beginning. If the Club Member is late for the activities, the instructor has the right not to allow this Club Member to take part in them. The instructor has this right also if the Club Member behaves inappropriately or in a manner non-compliant with the Club Member Regulations during the group activities. 5. If the Club Member does not report their absence from activities 2 times within 30 days, the Company has the right to charge the Club Member with a penalty whose amount is specified in the current Price List available on the Website and at the Club, or to block the possibility to use fitness activities for 14 days. 6. The number of people who may participate in activities is limited. The number of people who may participate in activities depends on the premises and the specific nature of the activities. If the Club Member is late for activities, the person entered into the reserve list has the priority right to participate in them. 7. Group activities are cancelled if the number of people signed up for these activities at least 2 hours before their beginning is smaller than the required minimum number of people. Group activities may be cancelled for random reasons. In such a situation, the Club will notify the Club Members signed up for theses activities about their cancellation on a given day. 8. The Company has the right to change schedules without informing the Club Members about this change. 9. The instructor has the right to check the attendance during the activities if the number of people is higher than the number of those who have signed up for the activities and the people present do not admit not to signing up, and to ask people who have not signed up for the activities to leave them.

XV. Family, friends and children, guests

1. Only the Club Members have access to the training rooms and the cloakroom. 2. People staying at the Club’s premises in a place designated for exercises, not being the Club Members, will be asked to leave the Club. 3. Family and friends who are not the Club Members may stay only in the coffee area and the playing room, provided that such rooms are available. 4. Only people over the age of 16 may stay at the coffee area. In the case of doubts as to the age and the lack of presentation by the person staying in the coffee area of the document confirming the age, the Club’s staff has the right to request such a person to leave the coffee area. Children are allowed to stay at these places only under the care of parents or legal guardians, the Club does not ensure childcare. 5. The Club does not provide care services for minors. The decision concerning the use by minors from the Club’s offer is made by parents/legal guardians by submitting a relevant declaration. 6. The Company allows each Club Member who has an active and paid membership to bring one guest to the Club free of charge, not more often than once every 3 months (hereinafter the ‘Guest’). The Guest must be at least 16 years of age. In the case of people aged 16–18, the consent to the use of the Club’s services is signed by a statutory representative – a parent or another legal guardian. The Guest may use the invitation not more often than once every 3 months.The Company reserves the right to refuse to admit the Guest to the Club, even without giving reasons, if it considers that this affects the safety or comfort of the Club Members. In the case of accepting the invitation, the Guest is obliged to register on the Club Member Portal and to provide their first and last name, e-mail address and phone number. The Guest is obliged to comply with the Regulations.

XVI. Music/use of mobile phones

1. Listening to music requires using headphones. It is forbidden to play music independently, e.g. through mobile phone speakers. The Company does not offer its Club Members exercises with music at the activities or the gym. The presence of music or its lack is not an element of the service, and the Club Member declares that music or its lack does not affect the decision to purchase the Membership, at the same time they have been informed that some of the staff listen to music in order to improve their own mood. 2. Trainers conduct activities based on short sequences of combined movements. All rhythmic activities are based on clapping and/or counting the rhythm and measures or appropriate voice commands. Any music in the background, if played, is used only and exclusively privately by the trainer in order to make pleasant the time between teaching individual figures, it is also a way for many trainers to deal with the stress experienced during the presentation in front of the group. 3. Phone calls should be limited to the absolute minimum. 4. The Club Members are not allowed to take photos or make videos at the Club of other Club Members without their consent and the Club’s consent. The person violating this prohibition will be asked to leave the Club immediately. 5. Taking photos and making videos using professional equipment – including tripods, additional light sources or blend requires the Club manager’s consent. It is not allowed to place other people in the background of the frame without their consent. The Club Member is solely responsible for the violation of other people’s personal rights (including the right to decide on their image).

XVII. Doping and other substances

1. Smoking is absolutely banned at the Club’s premises and in the facilities in which the Clubs are located. At the Club’s premises it is strictly forbidden to consume alcohol, intoxicants, psychotropic substances, drugs, doping or other similar substances, as well as to arrive at the Club in condition of insobriety or after consumption of alcohol, under the influence of intoxicants or drugs. It is also strictly forbidden to sell the above-mentioned substances. 2. In the case of detection or reasonable suspicion that the Club Member has consumed or sold any of the substances referred to in the above point, the Police will be informed and the Club Member’s pass will be terminated with immediate effect.

XVIII. Cloakroom and items brought to the Club

1. The lockers are not the property of Club Members and they must be emptied after the training completion. Leaving the padlock which prevents opening the locker will result in cutting the padlock. Items left in the locker will be stored at the Club for 48 hours. After that time they will be disposed of. The Company is not obliged to inform the Club Member about this fact. 2. The Club Member is obliged to store their items in a closed locker to which they have access. It is forbidden to store such valuables as jewellery, expensive watches, etc. in the lockers. 3. The Club Members are not allowed to bring bags, handbags, jackets or other private items to the exercise area. 4. The Club Members are not allowed to bring to the Club’s premises dangerous things and other items which could cause difficulties in the use of the Club to other Club Members, or could lead to damage to or destruction of property or pose a threat to the safety of people staying at the Club, their life or health. 5. The Company is not responsible for items left in the lockers and at the Club’s premises. At the same time, due to the lack of possibility to ensure protection, the specific nature of the activities and the rotation of the Club Members, the Company does not accept for storage any money, valuables, securities, documents containing personal data, valuable objects and objects having scientific and artistic value. 6. The Club can offer the possibility to deposit valuable objects. In the case of such a possibility, the Club Member should deposit valuable objects in the designated place. Information in the above scope is available at the Club’s reception desk. 7. If there is no other system for closing the lockers at the Club (e.g. code locks), the Club Member is obliged to have their own padlock, which they may also purchase at the Club at a price consistent with the Price List. 8. If the locker is not emptied before the end of the Club’s opening hours, the Club Member may be charged with additional fees: a) for each commenced day of non-contractual use of the locker in the amount specified in the currently applicable Price List; b) for each commenced day of storing the Club Member’s items in the amount specified in the currently applicable Price List. 9. The Club Members may also rent a locker in order to store their personal belongings (except for money and other valuables) for a longer period, for an additional fee consistent with the currently applicable Price List.

XIX. Rules applicable at night and on days with reduced staff’s services

1. The Club Member acknowledges that if the Club is open at night and on public holidays, at the Club there are no employees, which means that no assistance can be obtained. The employees may be also absent occasionally during working days. 2. The provisions of the Regulations apply also at night, unless otherwise indicated in their content. 3. If the Club is open at night, it is possible to use only the gym, without access to the swimming pool and fitness rooms.

XX. Payments

1. Subject to section 2, the Club Member may pay: a) in cash at the Club in the case of the agreement execution and the purchase of the Club Membership; b) by their payment card (the parties understand a payment card also as a credit card, prepaid card, etc.); c) by debiting the payment card in the cyclical payment system. 2. If the payment for the pass is not made on a one-off basis, the payment is made by debiting the Club Member’s payment card in the cyclical payment system. Payments in the cyclical payment system are made via the cyclical payment system’s operator – an external entity with which the Company has signed an agreement in order to allow making payments on the terms and conditions specified by that entity. 3. Together with the purchase of the Membership, the Club Member pays a one-off entry fee.The Membership fee applies in the amount specified in the Price List. In the case of a notification within 30 calendar days from the expiry of the current membership about the wish to purchase the membership, it is not required to pay again the one-off entry fee. The purchase of the membership within this period will be treated as an extension of the membership. 4. At the Customer’s request, after the payment of the fee in accordance with the applicable Price List, the Membership Card may be issued. 5. The payment for the first month of the FLEXI membership is made in advance together with the purchase of the Membership. The payment for subsequent months is made in advance, on the first day of the following month. 6. In the case of the ANNUAL membership, the payment is made in monthly instalments equal to 1/12 of the annual fee, with the first instalment being charged upon the Agreement execution and subsequent payments on the first day of a given month. The above-mentioned rules of payment also apply after the transformation of the ANNUAL membership into membership for an indefinite period of time. 7. In the case of the UPFRONT membership, the payment is made on a one-off basis in advance, together with the Agreement execution, for its entire term. 8. If the Agreement is made during a calendar month, the membership fee for the first month will be reduced proportionately to the number of days of the membership in relation to the number of days in a given month. 9. Payments should be made within deadlines specified in points 3 and 5 to 7 above. If the payment is not made within the deadline, the Membership will be blocked and the Club Member will lose the possibility to use the Club until making the payment. In the case of the payment in the form of debiting the Club Member’s payment card, the Membership will be blocked if on the payment date the Club Member’s bank account cannot be automatically debited with a monthly fee (e.g. due to the lack of funds or the loss of validity of the payment card). 10. The Club Member can unblock the access to the Club by paying the outstanding monthly fee at the Club’s Reception Desk or online via the Club Member account. 11. The amount of the fees for services provided by the Club and additional fees, taking into account the provisions of Chapter IV of these Club Member Regulations, results from the currently applicable Price List. The current price list is placed on the Website.Due to the change in prices, the price included in the Price List does not always correspond to the fee paid by the Club Member. 12. In the case of online payments (outside the Club), the Club is not responsible for charging the card not being at the Club Member’s disposal in an unauthorised manner. 13. The Club has the right to collect from the Club Member’s payment card not only the fees for the use of the Club, but also any other fees and liquidated damages provided for in the Regulations and the provisions to which the Regulations refer. The amount of fees and penalties is specified in the Price List published on the Website. 14. In the case of the lack of payment declared by the Club Member, in particular in the case of inability to collect the Club Member’s funds from the payment card, the Club has the right to carry out debt collection activities, also to send a request for payment and to initiate court proceedings. Sending a reminder or request for payment is connected with an additional fee, whose amount as at the date of collection is specified in the Price List. 15. The Club Members with whom the Agreement has been terminated due to outstanding amounts in the case of a wish to enter into a new Agreement are obliged first to settle all outstanding amounts resulting from the previous Agreement. If the Club Member does not pay the outstanding amounts together with statutory interest, the Company has the right to refuse to make a new agreement. 16. In the case of payments from foreign currency accounts, the amounts will be converted into PLN according to the purchase rate of the Company’s bank. In principle, the currency of payments is the Polish zloty. 17. In the case of the payment by a payment card, it is debited upon the submission of an instruction by the Club Member, provided that there are funds on the card.

XXI. Club Member Portal

1. The Company provides services by electronic means to the Club Members consisting in running the Club Member account on the Club Member Portal. Through the Club Member account, the Club Member has in particular the possibility to purchase a Pass, to sign in for group activities at the Club, to manage payments, as well as to obtain access to other services provided by the Company at the Club and access to other content available on the Club Member account. Access to the Club Member account is also possible via the Mobile Application. 2. The Company reserves the right to introduce on the Club Member Portal the possibility to purchase services offered by third parties under the terms and conditions specified in detail and made available to the Customer during the process of purchasing a given service, which does not constitute a change to these Regulations. 3. Information about cookies is available on the Website in the ‘Privacy Centre’ tab. 4. In order to properly use the Club Member Portal, the Club Member should have computer hardware and software meeting the following minimum requirements: a) connection with the Internet via line with bandwidth of not less than 2 Mb/s; b) Windows, Linux, OSX, Android or iOS operating system in a version supported by the manufacturer with an active graphic environment and with a 1024 x 768 resolution screen installed; c) browser in a stable version, in a graphic mode, with JavaScript enabled and supporting the CRS queries from: Chrome, Firefox, Safari, Edge. 5. If the Club Member uses hardware or software not meeting technical requirements specified in point 4, the Company does not guarantee the correct functioning of the Club Member Portal and makes a reservation that this may have a negative impact on the quality of the services provided. 6. The Company reserves the right to make at any time changes in technical parameters necessary for the proper functioning of the Club Member Portal, and changes in the interface of the Website or the Club Member Portal. These changes do not constitute a change to these Regulations if they do not affect the type and scope of services provided by electronic means. 7. For security reasons, the Company reserves the right to interrupt the connection with the Club Member after the lapse of time not shorter than 30 seconds from the performance of the last activity by the Club Member with the use of the Customer Portal. 8. The provision of services by the Company by electronic means consisting in the possibility to purchase the Membership, pay other fees and manage the Club Member account is free of charge, unless the obligation to pay the fee for a given activity is stipulated. The amount of fees is determined in the applicable Price List. 9. The Agreement for the use of the Club Member Portal (i.e. for the provision of services by electronic means) is made by registering at the Club Member Portal and establishing the Club Member account. 10. The registration on the Club Member Portal takes place at the purchase of the first Pass or a one-off entry, by filling in an online form on the Website with active fields for selection or completion, by means of which the person performing the registration submits to the Company the required personal data and the required declarations.The Club Member Portal indicates which consents are required for the provision of services by the Company. The person making the registration is obliged to provide complete and true data in the registration form. 11. The registration on the Club Member Portal by a person under the age of 18 is possible only at the Club, after delivering to the Club a properly completed and signed declaration of the legal guardian with regard to the consent to the registration on the Club Member Portal , attendance to the Club and purchase of the Membership. In the registration form, the person under the age of 18 provides the legal guardian’s contact details to the extent specified in this form. 12. The provision of services by electronic means takes place through the commencement by the Club Member of using the Club Member Portal after the acceptance of the Regulations. 13. The Club Member and another user may end at any time the use of services provided by electronic means. In the case of leaving the Website or the Club Member Portal, the provision of services by electronic means is terminated automatically without the necessity to submit additional declarations of will. 14. The Company is not responsible for the use by the Club Member of the Club Member Portal or the Website in a manner inconsistent with the provisions of the Regulations. 15. The responsibility for any consequences resulting from incorrect completion of forms with the use of the Club Member Portal, in particular the provision of incorrect or false data by the Club Member, is borne by the Club Member to whom the incorrectly completed forms refer. 16. The agreement for the provision of services by electronic means is made for an indefinite period of time. Subject to the next sentence, the Club Member may terminate the agreement at any time with a one-month notice, with the effect at the end of a calendar month. The Agreement may not be terminated before the end/expiry of the Membership. 17. The Company is entitled to immediately terminate or suspend the performance of the agreement for the provision of services by electronic means if: a) the Club Member violates the provisions of the Regulations in the scope of using the Club Member Portal; b) during the registration the Club Member provides false data or uses falsified documents; c) a force majeure event or any other event preventing the provision of services by electronic means occurs. 18. The Company is entitled to terminate the agreement for the provision of services by electronic means with a one-month notice effective at the end of one calendar month only for important reasons, in particular if the Company ceases to provide the above-mentioned services. 19. The Company reserves the right to remove the Club Member account if, for a continuous period of consecutive 72 months, the Club Member has no active membership and does not use any services of the Company in the above-mentioned period. 20. The Club Member Portal may be used only for the Club Member’s private purposes. It is forbidden to use the Club Member Portal for public purposes and for commercial purposes without the prior written consent of the Company. 21. All contents on the Website and on the Club Member Portal, including text, graphics, logos, icons, images, photos, data files, presentations, trademarks, constitute the object of legal protection in accordance with the Polish Copyright Act, and their processing, modification or use in any field of exploitation is prohibited. By entering into the agreement for the provision of services by electronic means, the Club Member does not acquire the right to the above-mentioned contents. 22. It is forbidden to provide by the Club Member contents of unlawful, offensive, false or misleading character and contents containing viruses or other malicious software, as well as to take actions that may cause disruption of or damage to the Website or the Club Member Zone. If the Company obtains a notification or reliable information about the unlawful nature of the stored data provided by the Club Member, the Company may prevent access to those data. The Company is not responsible towards the Club Member for any damage that results from preventing access to the data whose contents are described in the first sentence. 23. The Company informs that the specific threats related to the use of the Internet, including services provided by the Company by electronic means, are activities of the so-called hackers aimed at obtaining access to or modifying data of the Club Member and other users and the possibility of ‘infecting’ the ICT system with malicious software developed mainly in order to cause damage, such as ‘Trojan horses’ or ‘worms’. To avoid threats related to this, it is recommended to use the current antivirus software, to turn on firewall, to update software and to use only original applications and system. The Company informs that it undertakes actions aimed at minimising risks referred to in the first sentence, however the Club Member and other users acknowledge that there are no means of complete and full protection against the indicated undesirable actions.

XXII. Complaint

1. The Club Member may submit complaints regarding the provision of services offered by the Club in a manner inconsistent with the Agreement by writing to the Club’s address or sending an e-mail to the addresses available on the Website. 2. In the content of the complaint, the Club Member should indicate their first and last name, preferred method of response, and present and justify the non-compliance of the services provided by the Club with the Agreement made. 3. Complaints submitted by the Club Member will be examined within 14 calendar days.

XXIII. Changes to the Regulations, indexation of the membership fee

1. The Company reserves the right to change the Regulations, in particular if: a) the terms and conditions or the scope of the services provided are changed; b) the necessity to change the Regulations results from the provisions of law; c) the necessity to introduce changes is caused by a final administrative decision or a final court judgment; d) the change is imposed by safety or sanitary requirements. 2. The Company will inform the Club Member about the change to the Regulations on the Website and in an e-mail sent to the e-mail address indicated by the Club Member, specifying the deadline for entry into force of the changes to the Regulations no shorter than 14 days and reserving at least 14-day period for the termination of the agreement by the Club Member if they do not agree to the changes to the Regulations. The Company is not responsible for the lack of information about the change to the Regulations if the Club Member has provided wrong or outdated e-mail address or the Club Member’s e-mail address has lost its validity at the time of sending the information about the change to the Regulations. 3. The Company has the right to adjust the membership fee for the FLEXI membership and the ANNUAL membership (after the transformation of this membership into an agreement for an indefinite period of time). The indexation may take place no more often than once a year, in particular in the following cases: a) increase in the value added tax rate; b) introduction of other new taxes or legal obligations, including sanitary obligations; c) increase in the costs of business activities conducted by the Company, caused in particular by: increase in fees for utilities, increase in fees for the use of real properties in which the Company operates, increase in prices of services provided by entities cooperating with the Company. 4. The membership fee change takes place by sending a notification to the e-mail address indicated by the Club Member with the indication of the deadline for entry into force of the new fee no shorter than 14 days from the date of sending the notification. If the Club Member does not accept the change of the fee, they are entitled to terminate the agreement. The notice of termination should be submitted no later than on the day preceding the entry into force of the fee changed. Within one indexation, the fee may be increased by a maximum of 15%.

XXIV. Personal data and contact with the Club Members

1. The condition for obtaining the membership in the Club is the provision of personal data (‘Personal Data’) within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27/04/2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter: the GDPR), necessary for the execution of the agreement. 2. In order to make and perform the agreement, the Club requires the Club Member to provide such data as first and last name, PESEL number (applicable to Polish citizens), date of birth, phone number, address, e-mail address. In order to optimise the training during individual activities with a trainer (personal training), the Club can also collect from the Club Member information about their health condition – only after the Club Member gives consent to the processing of health data. 3. The Club Member is obliged to provide accurate data. 4. Communication related to receiving commercial and marketing information by electronic means is possible only after obtaining the relevant consent by the Club Member. Communication between the Club and the Club Members not connected with the transmission of commercial and marketing information takes place via e-mail or by phone, with the reservation that this is communication related to the membership in the Club. 5. Detailed information concerning the type of personal data processed and the Club Members’ rights related to it is included in the information clause available at the Club’s reception desk and on the Website in the ‘Privacy Centre’ tab.