{"id":26665,"date":"2024-05-02T09:51:56","date_gmt":"2024-05-02T07:51:56","guid":{"rendered":"https:\/\/aqua-by.com\/?page_id=26665"},"modified":"2024-05-02T10:47:42","modified_gmt":"2024-05-02T08:47:42","slug":"legal-notices-subscriptions","status":"publish","type":"page","link":"https:\/\/aqua-by.com\/en\/legal-notices-subscriptions\/","title":{"rendered":"Legal notices \u2013 Subscriptions"},"content":{"rendered":"
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Legal Notice Subscriptions<\/b><\/h1>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t
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\n\t\t\t\t\t\t\t\t\tPreliminary article: Definitions

Subscription: contract signed by a Subscriber allowing him or her to have access to the services offered by Sanctuary at preferential rates in return for the payment of a monthly sum indicated in the special conditions.

Activities: sports session led by a coach.
Sanctuary: a brand of THE SANCTUARY GROUP, a simplified joint-stock company with a capital of \u20ac139,733, located at 33, Boulevard Saint Martin in PARIS (750010), registered with the Paris Trade and Companies Registry under number 793 052 499, represented by its President. Member\/Subscriber: any natural or legal person who has taken out a Subscription or purchased credits or a Pack sold by Sanctuary. The Member accepts all the General Terms and Conditions of Sale as of the date of purchase.
Studios: spaces dedicated to sports activities operated by The Sanctuary Group. General Terms and Conditions of Sale: these provisions, governing the contractual relationship between Sanctuary and the Members.
Block: Succession of one or more sessions in a row.

Article 1: object

The General Conditions of Sale constitute the sole and exclusive framework for the legal relations to exist between the Member and Sanctuary, to the exclusion of any other document or advertising brochure. The General Conditions of Sale are applicable to all Members.

Article 2 \u2013 Registration terms and conditions of access

Anyone wishing to participate in a session must first:
Acquisition of a qualification
\u25cf Buy multiple credits for a fixed price (hereinafter: \u00abPackage\u00bb); ;
\u25cf Or subscribe to a subscription (hereinafter: \u00abSubscription\u00bb). Once in possession of credits, the Subscription or the Pack, the subscriber shall be considered a Member of Sanctuary, for the entire duration of validity of the purchased item. The purchase of credits, a Pack or a Subscription shall ipso facto imply the purchaser's acceptance of all the stipulations set out in the General Conditions of Sale.

\u25cf \u00d8 (ii) Booking a session Members, who hold valid credits, packs or subscriptions, must book in advance online via Sanctuary\u2019s website or in person with a Sanctuary staff member to attend a session held at Sanctuary. The studio cannot accommodate more people than the number indicated in Article 17 \u2018Maximum Attendance\u2019, so it will no longer be possible to book sessions once the maximum number of people indicated has been reached. Members must pay for their credits, packs or subscriptions before they can book.
The Member is responsible for their bookings, and it is their duty to verify the accuracy of each of their bookings (location, date, time, number of places), failing which any booked and unused sessions may be deducted.
Any corrections must be made as soon as possible and no later than 12 hours before the start of the session.

Article 3 \u2013 General terms and conditions of sale applicable

The General Terms and Conditions of Sale may be subject to updates or modifications without prior notice. The applicable General Terms and Conditions of Sale are those in effect at the time the contract is concluded, i.e., on the day the Member acquires credits, Packs or a Subscription. On the other hand, the applicable internal regulations are those in effect on the day the Member enters the Studio. By registering for sessions, the Member agrees to comply with the internal regulations in effect on the day the class is provided and in particular with the start and end times of the session.

Article 4 \u2013 Services, duration, postponement, termination

4.1 Conditions
The credits, subscription or pack subscribed to grant a right of access to the sessions offered by the Studio. This right is non-transferable.

In-store purchases of these services cannot be reimbursed and online purchases of these services can benefit from a right of withdrawal as provided for by the Hamon law.

Any cancellation or amendment to a session must be made at least 12 hours before the start of the booked session. Otherwise, the Member will have the booked session deducted or will incur financial penalties, regardless of their absence.

The price is stated in the special conditions of the contract provided to the customer. This Subscription is payable by direct debit, monthly. The Member declares, in any event, upon conclusion of the Contract, to have had their suitability for practising a sporting activity checked beforehand by a doctor and to hold the certificate to this effect issued by the doctor, so as to be able to produce it upon request from Sanctuary. The Member also undertakes to take all necessary precautions for their health, safety and hygiene and to comply with Sanctuary's instructions in this regard.
The Subscriber may not assign or transfer the Subscription taken out under the Contract to anyone in any way whatsoever, whether free of charge or for a fee.

4.2 Duration
4. 2. 1 Session Duration and Cancellation
The 16-credit packs are valid for one month, the 70-credit packs are valid for 2 months, the 140-credit packs are valid for 4 months, the 260-credit packs are valid for 8 months, and the 480-credit packs are valid for 16 months.
\u25cf The \u00ab12 credits\u00bb and \u00ab25 credits\u00bb subscriptions have a minimum duration of 12 months respectively. It is understood that any promotion or new offer will have a specific duration.

4. 2. 2 Duration and deferral
Failure to use the sessions during the validity period of the entitlement will not result in a refund of unused sessions by the Member. However, the expiry date of subscriptions may be extended in the event of any closures of the Centre, excluding summer holidays and the Christmas period.

The subscription or packages can have their validity period extended if the Member can demonstrate a physical incapacity to practice the sport for more than one (1) month. A written request must be made, accompanied by a medical certificate of incapacity to practice the sport, specifying the duration of the inability to carry out this activity. The request must be made before the subscription's validity expires. Otherwise, the request will be deemed inadmissible.

4. 3 Non-payment of monthly sums by the Member
In the event of non-payment of sums due by the Member to Sanctuary, Sanctuary reserves the right to suspend access to the clubs and services provided for under the Subscription and to register the subscriber in its litigation recovery file for \u00abpayment incidents\u00bb, in strict compliance with the provisions of Law No. 78-17 of 6 January 1978 relating to information technology, files and freedoms. This registration will prevent the Member from benefiting from any advantages, products and\/or services that Sanctuary, its affiliated companies or its partners may offer them.
Sanctuary may then terminate the Agreement by right and without formality 15 days after the Member receives the formal notice which has remained ineffective. From the effective date of termination, the Member shall be liable for the payment of sums contractually owed until the expiry of the Subscription. The Member shall also be liable, in this scenario, for the payment of a penalty amounting to 8 % of the sums remaining due.

4. 4 Conditions for Termination of the Subscription by the Member
4.4.1 The Member may terminate their Subscription without cause only if the Subscriber is no longer subject to their commitment period. They must then observe a notice period of 15 (fifteen) working days prior to the next due date.
It is understood that the following conditions must be respected for the 12-month commitment subscription:
Si la demande de r\u00e9siliation prend effet avant entre le 1er (premier) et le 5e (cinqui\u00e8me) mois, l\u2019abonn\u00e9 devra r\u00e9gler l\u2019Abonnement correspondant sur la p\u00e9riode d\u2019engagement de 12 (douze) mois. En cas de r\u00e9siliation prenant effet entre le 6e (sixi\u00e8me) et le 9e (neuvi\u00e8me) mois, les sommes restant \u00e0 payer feront l\u2019objet d\u2019un abattement forfaitaire de 15% (quinze pour cent). Cet abattement s\u2019\u00e9l\u00e8vera \u00e0 30% (trente pour cent) en cas de r\u00e9siliation prenant effet entre le 9\u00e8me (neuvi\u00e8me) et le 12\u00e8me (douzi\u00e8me) mois.
It is understood that the following conditions must be respected for the 3-month commitment subscription:
In the event of termination taking effect between the 1st and 3rd month, outstanding sums will not be subject to a flat-rate reduction.

4. 2. 2 The Member may terminate their Subscription contract at any time only in the following cases:
\u25cf Serious illnesses: A medical certificate must specify the subscriber's health condition and their inability to engage in any sporting activity for a defined period. The certificate must specify the nature of the illness, as well as the date on which it was first diagnosed.
\u25cf Serious accidents: a medical certificate must provide full details on the subscriber's health status and specify the impossibility of engaging in any sporting activity for a defined period. The medical certificate must specify the nature of the accident and the date it occurred.
Death: the subscriber's beneficiaries will need to provide the original death certificate.
Economic redundancy: the subscriber must provide a certified true copy of the letter of economic redundancy from their employer and a copy of their registration with P\u00f4le emploi.
Mutation\/relocation beyond a 25km radius of a Sanctuary Studio: a certificate of professional relocation issued by the employer or a certificate of new domicile will need to be provided.
\u25cf Pregnancy: a copy of the prenatal examination form and a medical certificate of total contraindication indicating the duration must be provided. It is specified that the Subscription may be suspended due to the cases mentioned above. It will also be possible for the Subscriber to suspend their Subscription for the duration of the interruption mentioned on their medical certificates. This will extend the remaining term of their commitment accordingly. The following cases cannot lead to the termination of the Subscription contract:
\u25cf The consequences of accidents, illnesses, congenital or acquired conditions diagnosed prior to your registration or re-registration with Sanctuary
The need to undergo a cure, an aesthetic, psychological or psychotherapeutic treatment
Holidays

4.3.3 Conditions for the Member to Suspend their Subscription
Sanctuary defines suspension as the temporary cessation of rights and duties binding Sanctuary and the Member, and vice versa, within the framework of a subscription contract between the two parties. Any suspension must be time-limited at the point of its justification and have a minimum duration of 1 month. Access to the studios will no longer be permitted during these suspensions.
The Member may suspend their subscription in the following cases:
\u25cf A subscriber whose commitment period has expired, with the limit of 2 annual suspensions and a maximum duration of 2 months per suspension.
\u25cf A subscriber whose commitment period has expired or has not expired, upon presentation of a medical certificate for a period exceeding 1 month. The subscriber will have their initial commitment period extended in accordance with the period described by the said certificate. The following cases cannot lead to a suspension of the Subscription contract:
A medical certificate less than 1 month old
The need to undergo a cure, an aesthetic, psychological or psychotherapeutic treatment
Holidays

Article 5 \u2013 Prices and Payment

The current rates are displayed on Sanctuary's website and at the entrance to its Studios. Sanctuary reserves the right to change its rates. The rates applicable to Memberships or Packages are those in effect on the day the Membership is taken out or the credits or Package are purchased. Payment is made at the Member's choice, by cheque, bank transfer, or direct debit. For all direct debit payments, the subscriber must provide Sanctuary with their bank account details (RIB), a photocopy of their identity card, and sign the SEPA direct debit mandate.
In the case of payment by cheque, payment for the session is due in advance, and proof of identity will be required. In the case of direct debit, payments will be split into weekly direct debits from the Member's account. The Member agrees to inform Sanctuary of any change of bank details as soon as possible. In the event of a payment incident, the debit amount must be paid directly to Sanctuary by another method of payment, plus bank charges. In the event of repeated payment incidents, Sanctuary reserves the right to terminate the contract solely at the Member's fault, and to demand payment of outstanding sums.
In the event that the Subscriber fails to meet his payment obligations, the sums normally due may be debited directly from his bank account.

Article 6 \u2013 Internal regulations

Within the Studios, it is forbidden to disturb Members by violent behaviour or behaviour likely to offend decency, good morals, the peace and quiet of Members or the good order and cleanliness of the Studios.

Members must comply with these internal rules, adhere to them without restriction or reservation, and respect the following instructions:

The following are not permitted in the Studios
\u25cf Minors not accompanied by an adult; ;
Anyone making sexist, racist or religious remarks; ;
\u25cf People who are ill, injured, have wounds, dressings, or skin infections; ;
\u25cf Animals, even when kept on a lead; ;
Persons whose health condition does not permit them to engage in sporting activities will not be admitted to the premises.
Individuals with heart conditions are not permitted in the room. .

Inside the Studio, it is prohibited:
\u25cf To stay outside of opening hours; ;
\u25cf Entering the centre without a valid subscription, package or credits, or attending a class without being registered for it
\u25cf To enter the sauna or steam room without having first participated in an aquacycling class; ;
\u25cf Getting undressed or dressed outside of the changing rooms, or leaving clothes anywhere other than the designated lockers; ;
\u25cf To bring food, alcoholic beverages, or glass bottles into the Centre; ;
\u25cf To enter the pool without permission from the aquacycling teacher; ;
\u25cf Walking around with shoes on after the shoe-removal zone (indicated by a sign), except when wearing the plastic shoes provided for this purpose. ;
\u25cf Chewing gum in the swimming pool; ;
\u25cf To pester Members with violent or inappropriate behaviour; ;
\u25cf Running around the studio; ;
\u25cf Diving, jumping into the pool or pushing a person into the water; ;
\u25cf To undertake prolonged submersion, holding your breath, alone and without informing the instructor
\u25cf To simulate drowning; ;
To use dive accessories, with the exception of swimming goggles; ;
\u25cf To use transistors or any other sound emitting or amplifying device; ;
\u25cf To use electrical appliances near the pool; ;
\u25cf Bathing with the body coated in cream or oil. Safety:
In the event of an incident or accident, Members are required to immediately notify, in order of priority, the teacher, the Studio reception, and the fire service or ambulance service.
Members are required to follow the instructions and directives given by the teacher.
In the event of an individual whose behaviour presents a danger to Members, Studio staff or themselves, Sanctuary may call upon the law enforcement agencies.
\u25cf Anyone who cannot swim must inform the Aquacycling instructor and report this in writing at reception.

Undressing, dressing and care of clothing items:
Members must, on pain of exclusion, undress and dress in the changing room provided and leave it in a perfectly clean state.
Access to the changing rooms is exclusively reserved for people of the same sex.
Members are required to leave their clothing in a locker.

Hygiene and behavior of Members
\u25cf Each Member must be equipped with gloves and inner gloves (for boxing), sportswear suitable for the sport (for all sports), and trainers suitable for the sport (for dancing and HIIT). For aquabiking, the Member must wear a swimsuit. Sanctuary reserves the right to refuse access to the session to anyone not meeting these requirements. No refunds will be given under such circumstances.
\u25cf Aqua: Each member must wear swimwear exclusively for swimming and aquatic activities. No other attire will be accepted. Before entering the pool, members must take a soapy shower. Access to the pool will be denied to anyone not in a state of absolute bodily cleanliness or not wearing decent attire.

Article 7 \u2013 Payment by bank card terms

The Member will be able to pay for their purchases directly on Sanctuary's website. The order amount will only be debited upon its validation. Payment by bank card is secured by an encryption system provided by STRIPE. Therefore, Sanctuary cannot access the customer's card number, which is transmitted confidentially. Only national bank cards will be accepted by the security system, as well as Visa and Mastercard.

Article 8 \u2013 Insurance

Sanctuary accepts no responsibility for loss or theft in its Studio. Sanctuary reminds you that it is not its duty to monitor the personal belongings of members who have not been stored in a locked locker.\u00bb
Sanctuary is insured for civil liability. Sanctuary cannot be held liable for accidents resulting from failure to observe safety instructions or inappropriate use of equipment or other facilities.
The Member is invited to subscribe to additional insurance covering more specifically the risks related to the sports activities provided at the Sanctuary studio.
In accordance with Article 38 of the law of 16 July 1984, Sanctuary informs the Member of their right to take out \u00abpersonal accident\u00bb insurance that will cover all activities they are likely to undertake within the Sanctuary studio. It is understood that this cover is optional and remains entirely the responsibility of the Member.

Article 9 \u2013 Irrevocability of membership and withdrawal period

The purchase of credits, a Pack or a Subscription implies pure and simple acceptance of these terms and conditions of sale.
In the event of subscribing to a Subscription or acquiring credits or a Pack remotely, the Member shall benefit, in accordance with the provisions of articles L121-19 et seq. of the Consumer Code, from a period of fourteen (14) clear days to exercise their right of withdrawal, without having to provide any justification or pay any penalties, with the exception, where applicable, of return costs.
The Member may deviate from this deadline in the event that they are unable to travel and simultaneously require an immediate and essential service for their living conditions. In this case, they would continue to exercise their right of withdrawal without having to provide reasons or pay penalties. This right of withdrawal does not apply to legal entities who subscribe to Packages and\/or Subscriptions. Packages and Subscriptions are personal and may under no circumstances be transferred to third parties by the Member.

Article 10 \u2013 Dispute resolution

This agreement shall be governed by French law. Any dispute between the Member and Sanctuary relating to the existence, validity, interpretation, execution, and performance of this agreement shall be submitted to the jurisdiction of the competent courts, it being reminded that the Member, if a consumer, may bring proceedings before one of the courts territorially competent in the place where they resided at the time of the conclusion of the contract or of the occurrence of the damaging event.

Article 11 \u2013 Information about the consumer ombudsman

All complaints should be addressed, in the first instance, to Sanctuary's customer service department with a view to finding an amicable solution.
If the Member has not received a satisfactory response, the Member may refer the matter to the AME Consumer Mediation entity within one year from the date of the dispute. The contact details for the AME Consumer Mediation are as follows:
https:\/\/www.mediateurfevad.fr\/
The FEVAD E-commerce Mediator Service, 60 Rue La Bo\u00e9tie \u2013 75008 Paris
E-mail: mediateurduecommerce@fevad.com\u00bb

Article 12 \u2013 Other provisions

12. 1. Full Agreement:
The entirety of the stipulations within the General Conditions of Sale constitute the complete agreement between Sanctuary and the Member with regard to their subject matter, and they supersede and cancel all prior declarations, negotiations, commitments, oral or written communications, acceptances, understandings, conventions, and agreements between the parties.
12.2. Invalidity of a provision: If any provision of this agreement is found to be contrary to any applicable law or regulation, that provision shall be deemed to be struck out, without prejudice to the validity of the other provisions of this agreement.

Article 13 \u2013 Termination and Force Majeure:

Credits and Packs have a fixed duration and therefore cannot be cancelled. Sanctuary undertakes to make its best efforts to comply with the obligations set out in its General Terms and Conditions of Sale.
In the event that it is unable to perform its obligations due to events beyond its control, it shall not be held liable.
In the event of the Studio closing for more than 2 months, due to circumstances beyond its control or attributable to it, the member may terminate the contract concluded with Sanctuary by registered letter with acknowledgement of receipt. In this case, termination will become effective within 15 days of sending this letter. Sanctuary will then have to refund any sessions paid for and not enjoyed by the Member. Sanctuary also reserves the right to cancel sessions due to a lack of staff or participants in a session (fewer than 3 people). In the event of a session cancellation, the Member may benefit from an extension of their Membership and\/or Package validity period, by one week compared to the initially scheduled expiry date.
The conditions for terminating the Subscription are defined in Article 4.1.4 of these General Terms and Conditions.

Article 14 \u2013 Security and limitation of liability

Taking out a Subscription and purchasing a Pack or Subscription implies that the Member declares that he\/she is fit to take part in a sporting activity.
Sanctuary's responsibility is limited to the safekeeping of clothing only, to the exclusion of any other object, and on condition that the clothing has been properly stored in a duly locked locker.
Members are personally responsible for any accidents they may cause or commit.

Article 15 \u2013 Information, files and freedom

The data concerning the Member is intended for the management of the Member's Subscription\/Pack by Sanctuary. In accordance with the law in force, Sanctuary may send emails to the Member, unless the latter objects. The Member retains the right to access and modify his\/her data.

Article 16 \u2013 Derivative products Loan and Returns

At each session, Sanctuary offers you the opportunity to borrow a pair of cycling gloves or shoes. These gloves or shoes are the exclusive property of Sanctuary and must be returned to the designated bins at the end of the session. The same applies to towels lent to Members. Anyone found not to have returned these borrowed items may face legal proceedings.

Returns
Sanctuary guarantees a full refund for any item returned within 7 days, provided that all items are returned in the same condition as when you purchased them. This means that items must not be damaged, stained, washed, altered, or worn (other than to try the item on) and all labels must still be intact. Pairs of inner gloves will not be taken back or exchanged.

Article 17 \u2013 Miscellaneous \u2013 Video surveillance

The studio is under video surveillance 24\/7.

Maximum attendance
The maximum permitted capacity of the room is:
\u2013 THE CIRCLE: 49 people per session. The maximum attendance permitted on the premises is 99 people.
\u2013 OCCUPANCY: 26 people during a session. The maximum occupancy allowed in the establishment is 99 people.
\u2013 DRIP: 32 people per session. The maximum capacity allowed in the establishment is 99 people.
\u2013 SPACE: 55 people per session. The maximum capacity allowed in the establishment is 99 people.
\u2013 AQUA BY: 28 people per session. The maximum capacity allowed in the establishment is 99 people.

Access times: Access to Sanctuary studios is subject to the schedules for the sessions offered, available on each brand's website (www.aqua-by.com; www.lecercle-boxing.com; www.poses-studio.com; www.drip-hiit.com; www.decibel-danse.com; www.space-cycle.com)
The studios open their doors 15 minutes before the start of the first session of a block of sessions and close their doors 20 minutes after the end of the last session of that block.
Members must arrive 10 minutes before the start time of their session. In case of lateness, access to the Studio and, ipso facto, to the reserved session may be refused, and the member will have their session deducted or financial penalties applied. Access to the studios and their equipment is strictly forbidden to the public outside of these times.

Except by special dispensation, no consumers will be allowed on the premises after these times.

Miscellaneous :
It is strictly forbidden to damage any fixtures and fittings. All damage or soiling will be repaired by Sanctuary at the offender's expense. Vandalism of any kind will result in legal proceedings.
Any act or behaviour likely to compromise decency, good morals, the peace and quiet of Members, or the good order and cleanliness of the Centre is strictly forbidden. It may be sanctioned by immediate expulsion from the Centre.
The customer must place their bath towel in one of the designated bins after use.
The client must put their sports gloves in the designated bin after use.
Emergency exits must not be opened except in an emergency.\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t<\/div>","protected":false},"excerpt":{"rendered":"

Mentions l\u00e9gales Abonnements Article pr\u00e9liminaire : D\u00e9finitions Abonnement : contrat sign\u00e9 par un Abonn\u00e9 lui permettant d\u2019avoir acc\u00e8s aux prestations propos\u00e9es par Sanctuary \u00e0 des tarifs pr\u00e9f\u00e9rentiels en contrepartie du versement d\u2019une somme mensuelle indiqu\u00e9e dans les conditions particuli\u00e8res. Activit\u00e9s : s\u00e9ance sportive anim\u00e9e par un coach. Sanctuary : marque de la soci\u00e9t\u00e9 THE SANCTUARY […]<\/p>\n","protected":false},"author":34,"featured_media":19744,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"elementor_header_footer","meta":{"_acf_changed":false,"footnotes":""},"class_list":["post-26665","page","type-page","status-publish","has-post-thumbnail","hentry"],"acf":[],"yoast_head":"\nLes mentions l\u00e9gales de votre site internet Aqua by<\/title>\n<meta name=\"description\" content=\"Les mentions l\u00e9gales de notre site internet pour vous informer sur les inscriptions, CGV, r\u00e9siliations, tarifs, paiements, etc.\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/aqua-by.com\/en\/legal-notices-subscriptions\/\" \/>\n<meta property=\"og:locale\" content=\"en_GB\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" 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