1. Scope of use
ELEMENTS grants the contracting party the right to use the available gym equipment and spa area and to participate in the courses offered at all ELEMENTS studios during opening hours and against payment of the fee indicated on the front page. If you have booked our private locker service, we will assign you a locker for the period of your membership. You will not have to clean out your locker until you cancel this service. If you have booked our towel service, the studio shall provide you with towels to use. Our locker and towel service option combines these two services.
2. Fees, due dates
The one-time membership fee is a one-time charge that covers all administrative activities involved in new-member registration. Payment is due upon signing the membership agreement. If you have selected the monthly payment option, payment of your monthly membership fee along with fees for any additional services you have selected shall be due at the date on which the agreement goes into effect. Payment of subsequent monthly membership fees shall be due on the same date of each month that follows. ELEMENTS reserves the right to change the date of payment to the 1st or 15th of the month. If you have selected the advance payment option, payment of the entire amount for your initial period of membership shall be due upon signing your membership agreement. Advance payment shall only comprise the fees for using the main services offered at our studios. We do not accept advance payment for any additional services you may have signed up for; these services must be paid monthly in accordance with the terms regulating monthly payments. The same shall apply to any agreements involving advance payment that have not been cancelled upon expiration of the initial membership period. Monthly payment shall also be due during the extension period under these agreements in accordance with the provision regarding monthly payments. If you have selected the monthly payment option and are more than three months late in payment for reasons for which you are accountable, ELEMENTS reserves the right to demand immediate payment in full of all fees owed as at the next possible standard agreement termination date pursuant to sec. 259 German Code of Civil Procedure (Zivilprozessordnung, ZPO). ELEMENTS also reserves the right to raise the monthly membership fee of current members. Members will be notified of the amount and time of any increase in advance.
The reduced rate at the studio in Stuttgart is only valid for clients residing in a postal code starting with 70, 71 or 73. Clients need to bring proof of residence when signing up for their membership or the first time they check in at the studio at the latest. Should a client fail to provide proof of residence, ELEMENTS shall have the right to charge them the full membership fee.
3. Term of agreement, renewal, cancellation of membership and additional services
Membership shall begin as at the indicated date on which the agreement was signed and be valid for the selected basic membership period. Memberships with a basic membership period of one month will be renewed each month by an additional month unless cancelled with 14 days written notice prior to the relevant date of termination. Memberships with a basic membership period of 7 months will be renewed by additional periods of 7 months and memberships with a basic membership period of 14 or 24 months will be renewed by additional periods of 12 months unless cancelled with 30 days written notice prior to the relevant date of termination. If you have booked additional services, you can choose between a monthly cancellation option or a term fixed for the entirety of the membership period. Should you select additional services over the entirety of your membership period (E7, E14, E24), the term of agreement, cancellation period and membership renewal options shall be the same as those specified under your membership agreement. Should you select additional services that can be cancelled monthly, the basic membership period of the additional services shall be one month and will be renewed each month by an additional month unless cancelled with 14 days written notice prior to the relevant date of termination. The date on which written notice of cancellation is received by ELEMENTS shall be decisive.
4. Option to suspend membership for good cause
You may suspend your membership for a period of time to be determined in advance in the case of proven illness, pregnancy or similar serious matters that prevent you from using your membership. This shall extend the term of the agreement pursuant to the provision below. Should you suspend your membership, the next opportunity to cancel your membership under ordinary circumstances shall be extended by the length of suspension agreed. Extraordinary right of cancellation on the basis of statutory regulations shall remain hereby unaffected.
5. Special right of termination due to change of address
If you move during the term of your membership agreement and the distance from your new place of residence to the ELEMENTS studio is more than 30 km (shortest distance on Google maps), you shall be entitled to cancel your membership as at the end of the contractual month following submission of notice of cancellation. Extraordinary right of cancellation on the basis of statutory regulations shall remain hereby unaffected.
6. Transfer of membership
Your rights and obligations arising from this agreement shall be transferrable only with the express consent of ELEMENTS. You are particularly prohibited from giving the chip bracelet provided to you to a third party without the consent of ELEMENTS.
7. Data privacy
ELEMENTS stores and processes the personal data you provide within the scope of your membership agreement as well as data obtained from contractual documents or during execution of the agreement as required by ELEMENTS in order to fulfill the contractual obligations of the agreement. We store and process this data solely for the purpose of fulfilling our contractual obligations in connection with the membership agreement and limit data storage and processing to the extent necessary for these activities.
ELEMENTS complies with current data protection legislation and ACISO Fitness & Health GmbH’s privacy policy when collecting, using and processing your personal data. ACISO Fitness & Health GmbH’s privacy policy is available online on the ELEMENTS homepage.
ELEMENTS uses electronic data processing in its membership activities to ensure accurate, fast and secure processing of your personal data. The electronic database we use in our administrative activities is operated by an external service provider that is contractually bound to comply with the relevant data protection and IT security regulations. ACISO Fitness & Health GmbH only stores and processes data that is necessary for membership administration. This includes all information provided in the membership agreement. ACISO Fitness & Health GmbH also stores information regarding special health conditions and personal goals provided voluntarily by our members when signing up for a membership.
ELEMENTS employees are only given access to customer data to the extent necessary for proper fulfillment of your membership agreement.
The services provided by ELEMENTS include preparation of an individual training program for our members that they can use via fitness software or an app. We also store data and training programs pertaining to this service. The operator of this fitness software, EGYM GmbH, a company based in Munich, Germany, has access to this data, making it possible for members to workout using different gym equipment. EGYM GmbH has been legally bound by ELEMENTS to comply with the provisions specified under current data protection legislation.
All external service providers contracted by ELEMENTS in the context of offering or rendering the services specified in the membership agreement are placed under the obligation to comply with current data protection legislation (e.g. the German Federal Data Protection Act (Bundesdatenschutzgesetz, BDSG), and Telecommunications Act (Telekommunikationsgesetz, TKG)) as well as to ensure and monitor compliance. All persons entrusted with the fulfillment of membership agreements by our external service providers are also placed under the obligation to comply with data privacy legislation. This especially applies to the obligation to keep data confidential.
In addition to right of revocation, members also have the right to receive information and the right to have their stored data corrected, blocked or deleted pursuant to current data privacy legislation. Please contact our data privacy officer for further information (datenschutz@elements.com).
8. Video recordings
Cameras are installed in the entrance, checkout and pool areas of the studios. They are there for security purposes only. Footage taken of the pool area is not saved. Footage from the entrance and checkout areas is automatically deleted after 72 hours. None of the cameras has a zoom function. No cameras are installed in clothing-optional areas (showers, lockers, sauna, etc.) or relaxation spaces. Camera recordings are closed circuit and can only be viewed on one monitor at the relevant studio. Access to recordings of the entrance and checkout area and viewing the recordings on the monitor at the studio are protected by password. The data privacy officer or their deputy together with a third person shall only view the recordings if there is concrete suspicion of a criminal act and shall then do so exclusively to look for possible evidence or approve a viewing of the recordings by the management and shall hand over the recordings to the aggrieved party or law enforcement agencies for prosecution of the criminal offence and for any claims under civil law arising from the recordings.
9. Notice pursuant to sec. 36 Consumer Dispute Settlement Act (VSBG)
The fitness studio operator shall not participate in dispute settlement proceedings before a consumer arbitration board within the meaning of the Consumer Dispute Settlement Act (Verbraucherstreitbeilegungsgesetz, VSBG) and is not under the obligation to do so.
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