General terms and conditions of membership of SATSELIXIA
These general terms and conditions (“T&Cs”) for SATS memberships apply from 23 May 2018.
1.1. The T&Cs form part of the agreement for memberships between the person (“the Member”) who has undersigned the agreement and SATS (“SATS”). The agreement with SATS consists of the T&Cs and the Membership Agreement (together “the Membership Agreement”). In addition to the Membership Agreement, specific individual terms and conditions will apply for certain services and offers. Such specific terms and conditions are available at the nearest SATS club and on the SATS website .
1.2. SATS reserves the right to change the T&Cs in accordance with clause 8.6.
2.1. SATS welcomes applications for memberships from persons of legal capacity who:
2.1.1. do not owe money to SATS related to a previous membership
2.1.2. are in generally good health.
2.2. Individuals who are not of legal capacity can enter into a membership agreement with SATS, if their parent or guardian signs the agreement on their behalf.
2.3. Memberships are considered valid from the start date stated in the Membership Agreement, and on the scale and for the period that the Member has agreed to in the Membership Agreement. Memberships will continue on a rolling contract basis at the end of the minimum agreement period, unless otherwise is agreed.
2.4. The membership is personal and may not be transferred to or used by anyone other than the Member.
2.5. The membership entitles the Member to use the fitness facilities at one or several SATS clubs as stated in the Membership Agreement, and to take advantage of any applicable offers to use fitness facilities and services offered by SATS at that time. Specific terms and conditions apply for certain services and offers.
2.6. For the range of SATS membership types and additional products, prices and product offerings, please see the relevant descriptions and price lists available at www.sats.no.
2.7. Members who wish to change their membership, may switch to the membership structure available. Members can, at any time, upgrade their membership to include additional access to clubs, fitness facilities and additional products in accordance with the SATS offers available at any given time for different types of memberships. Upgrades are applied with immediate effect. If the membership is upgraded, and the monthly membership fee is paid in advance, the Member shall pay the difference between the monthly membership fee for the previous and new levels. Members can also downgrade their membership by reducing access to clubs, fitness facilities and additional products. Such downgrades come into effect at the end of the following month.
2.8. SATS cannot always guarantee availability of the Member's choice of fitness facilities, services or offers where the number of participants or availability is limited.
2.9. SATS can adjust the availability of equipment and opening hours in line with member demand, and close or reduce availability during public holidays, maintenance work or for other reasons that render parts or all of a given club unavailable.
2.10. Members who are registered with a discounted or subsidized company agreement are entitled to the discounted rate as long as the Member is employed by the company and the latter maintains the company agreement. Members are liable for notifying SATS if such right to discounted membership ceases to apply. Where memberships are subsidized by the employer, the Company is liable for notifying SATS of any change of a Member's right to a membership subsidy. The Company's notification deadline for such is set out in the agreement the Company has signed with SATS.
SATS will notify the Member in writing that their membership subsidy will cease, with no less than one (1) months' notice. Memberships will continue and be amended to private agreements in accordance to set rates until the Member changes or terminates the membership. When subsidized membership ceases, the Member will be invoiced for the membership fee in full.
3. Payment of Membership fees
3.1. The Member, or the person who has undertaken payment liability for the Member, is to pay the monthly membership fee and any additional charges in accordance with SATS price list.
3.2. The monthly membership fee falls due for payment on the due date specified, except at the start of memberships, when specific T&Cs apply. The Member is liable for ensuring the membership fee is paid by the due date.
3.3. Members are liable for setting up a direct debit agreement with their bank for automatic payment of the monthly membership fee to SATS, and to ensure the monthly membership fee is paid by the payment due date.
3.4. If the membership fee is not paid by the payment due date, a debt collection warning will be sent to the Member with a new payment due date. In the event of late payment, SATS can seek to recover any additional costs and interest in conjunction with debt collection and penalty interest legislation in the event of late payment.
3.5. If the Member is in breach of a payment claim and receives a debt collection notice or notification of legal recovery from an external debt collection agency, the payment details on the invoice from the external debt collection agency are to be used for payment.
3.6. The Member is guaranteed the monthly membership fee stated during the minimum agreement period. Any change to the monthly membership fee will only apply after the end of the minimum agreement period, or if the Member him or herself changes the membership, or if the basis for a discount on the monthly membership fee changes.
3.7. The Member shall not pay the monthly membership fee if:
3.7.1. the Membership is frozen in accordance with clause 7
3.7.2. SATS has terminated the Membership Agreement in accordance with clause 8.7
3.7.3. The fitness club the Member usually uses is unavailable for fitness purposes due to circumstances stated in clause 8.6, and SATS cannot offer the Member access to another fitness club or other compensation.
4. Member commitments
4.1. The Member undertakes to:
4.1.1. Read and comply with the SATS Safety and Wellbeing Rules published at www.sats.no, and that are available at any SATS fitness club.
4.1.2. Abstain from any doping substances that are specified on a specified anti-doping list for fitness clubs. In the event of well-founded suspicion, SATS will seek to perform doping tests in cooperation with Anti-doping Norway. The use of doping substances is a criminal offence, see Medicinal Products Act § 24a, and any such usage can be reported to the police.
4.1.3. Notify SATS if circumstances that entitle or change the Member's right to a discounted monthly fee or other membership benefits. SATS reserves the right to request documentation from the Member showing the Member's right to a discounted monthly membership fee or other membership benefits. Any such discount will not be applied retroactively, and shall only apply from the date such documentation is presented.
4.1.4. Notify SATS of changes to payment details for the monthly membership fee (such as e.g. name, account number and address).
4.1.5. Always register their membership card on arrival when the Member wishes to use the SATS club. SATS reserves the right to ask the Member to present ID.
4.2. The Member will be issued with a SATS membership card. This is to be presented for access checks and for security purposes. The membership card remains the property of SATS and is provided for the personal use of the Member. The card may not be transferred or lent to others. The Member is responsible for keeping the card in such a way that it is not misused by other parties. Any loss or suspected misuse of the card is to be reported to SATS without delay.
4.2.1. In the event of loss or damage to the card, SATS will block the membership card and issue a new one. The Member is liable to pay SATS a fee for the issuing of a new card, in accordance with SATS price list.
4.2.2. In the case of buoyancy aids at SATS Røa Bad, specific terms and conditions for access, use and safety at the facility apply.
4.3. The Member can access SATS digital services via their personal profile. The Member may not allow other parties access to these services by sharing the user name and password linked to the membership.
5. Information and Instructions
5.1. SATS will send relevant membership information to the private postal address or email address last provided to SATS by the Member. The Member is responsible for notifying SATS of any changes to contact details (such as changes in names, addresses and/or phone numbers etc.).
5.2. Notifications from the Member concerning changes to the Membership Agreement, should be made in writing to SATS by letter, email or by personal attendance at a SATS club. Contact details for SATS are available at the SATS website.
6. Personal data and marketing
6.1. The Member hereby consents to SATS, and other companies in the same group as SATS, registering, storing and using data on the Member (name, address, email address, photos, payment details etc.) and the Member's use of SATS services, to manage the membership, including providing information on SATS services. The Data Protection Officer responsible for such data is SATS, represented by the CEO.
The Member hereby consents to SATS storing fitness activity history to the purpose of monitoring the Member's activities and to tailor fitness facilities for the Member. Here, fitness activity history means information on the number of visits to the various fitness clubs, what fitness sessions the Member has engaged in, if the Member has booked places on group exercise classes or other activity, and if the Member has attended such classes or cancelled the bookings by the time specified.
The Member can also consent to SATS storing fitness activity history for a longer period in association with certain services and offers.
6.2. The Member has the right to inspect their fitness activity history and demand such be deleted. SATS shall confirm receipt of a request for deletion.
6.3. Data may not be shared with external parties without the written consent of the Member, unless such is required by a legal authority or as part of a debt collection claim, insurance claim or for accounting purposes.
6.4. On signing the Membership Agreement, the Member consents to SATS using any form of communication (SMS, MMS, email etc.), to provide information on and/or to market offers in accordance with Marketing Act § 15. The Member can, at any time, withdraw consent to receiving marketing communication by contacting SATS. Consent-based market activities may be managed by the Member through “My pages”. The Member cannot refuse consent to receive communication concerning changes to membership T&Cs or changes to the Membership Agreement.
6.5. Consent by the Member, concerning the clauses above, applies for the time the Membership Agreement is in force and for a period of six (6) months after the Membership Agreement has ended. This is to ensure the Member can gain the benefits that accrue from having been a member of SATS.
7. Freezing of Membership
7.1. The Member can apply to freeze their membership of SATS. Here, “Freezing” means an immediate suspension of membership for a limited period of a minimum of one (1) and a maximum of twelve (12) months. The grounds for a membership freeze are subject to specific T&Cs for freezing memberships. These can be found at the SATS website.
7.2. Memberships can be frozen for a minimum of one (1) month and a maximum of twelve (12) consecutive months, for the following reasons only:
- Documented illness/injury
- Documented pregnancy (from date requested up to three months after the delivery date)
- Documented employment, study or military service with a related relocation to a place SATS does not have a fitness club
- Documentation is to be attached with the application, and include a specific from and to date.
- Once the application has been considered, the documentation will be destroyed for personal data protection reasons. SATS can, however, request the consent of the Member in writing to retain the documentation during the freeze period.
7.2.1. Specific T&CS for Membership Freeze:
- Members aged 67 or above, may freeze their membership for up to three months per calendar year, for a minimum period of 1 month at a time. Documentation is not required if the requested freeze period does not extend beyond these 3 months, in which case the T&CS for other members apply.
- In the case of holidays, a freeze will be granted on submission of documentation showing that the Member will be abroad for a minimum of two months.
7.2.2. Valid documentation
- For sickness: confirmation from doctor or other healthcare personnel.
- For pregnancy: confirmation from doctor or other healthcare personnel.
- For relocation: confirmation from employer, educational institution or the military.
- For holiday: confirmation from a travel agency, copy of airline/train/boat return tickets.
7.3. The Member is to submit a written application with attached documentation to SATS, in accordance with the T&Cs for freezing memberships. Applications can be submitted by email, letter or to the SATS website. Applications must be submitted in advance of the requested freeze period, and in the case of illness, as soon as possible after the illness or injury is occurred.
7.4. The Member will receive a written response to their freeze application within 14 days. Applications cannot be considered as approved until written confirmation of the membership freeze has been received from SATS and invoices received and deductions are to be paid in full until such confirmation is received.
7.5. On approval of the application, the payment of membership fees will be suspended for the corresponding freeze period. The minimum agreement period will be extended by the same number of days as suspension is approved. The periods for the freeze and membership fee payment suspension do not have to coincide.
7.6. A freeze of membership cannot be granted retroactively, except in cases of serious illness or injury where the Member has been unable to contact SATS at an earlier point in time. This must be able to be documented by e.g. confirmation from a doctor/hospital. The maximum limit for retroactive suspension is is 6 months
7.7. The minimum agreement period will be extended by the same number of days as suspension is approved.
7.8. If SATS approves the membership freeze, SATS can require the Member to pay an administration fee in accordance with SATS price list.
7.9. The membership card will be blocked for access to SATS fitness clubs for the duration of the membership freeze. SATS can ask for the Member's consent in writing to retain the freeze application documentation for the period the membership is frozen.
7.10. If it is necessary to extend the freeze period, a new application with attached documentation must be submitted to SATS before the current freeze period expires.
7.11. T&Cs for freeze of membership are applicable to all members.
8. Notice to terminate and changes to the Membership Agreement
8.1. The Member can give notice to terminate Membership at any time after the end of the minimum agreement period. At the end of the minimum agreement period, membership will continue at a rolling contract basis. The notice period is one (1) month, dating from the start of the month after the date such notice is received.
8.1.1. In the case of additional services and access, the notice period of one (1) month applies from the start of the month after the date such notice is received.
8.2. Notice must be submitted in writing by email, letter or by direct attendance at a SATS club, where notice can be documented by both parties. Without attendance, the Member should receive confirmation in writing within 14 days by email or letter that the notice to terminate the agreement has been registered, stating the final payment date and the final date the Member can use the club. If the abovementioned information is not received within 14 days from the date that the notice was submitted, the Member should contact SATS.
8.3. The Member is entitled to terminate the Membership Agreement by giving notice of such in writing to SATS within 14 days of signing the Membership Agreement, see Consumer Rights Act § 11(cooling-off period). This only applies to memberships purchased away from SATS clubs.
8.4. Members that, due to unforeseen special circumstances that can be documented and that are outside the Member's control, are prevented from utilising their Membership, for example due to extended illness or similar circumstances, can, on written notification to SATS, apply to terminate their membership, irrespective of the minimum agreement period. Such applications will be considered within a reasonable time and no later than three (3) weeks from the time SATS has received such. Failure to utilise the Membership for an extended period will not be considered valid grounds for termination in accordance with this clause.
8.5. If SATS and the Member in consultation, consider that fitness activities would entail a significant risk of worsening the Member's state of health, the Membership Agreement can be terminated, and the Member will then be refunded any part of the monthly fee paid in advance. SATS can request the Member provide a written statement from health personnel that confirms the member is in a reasonable state of health to exercise at SATS.
8.6.1. SATS is entitled to make changes to membership fees/other fees and the Membership Agreement. Furthermore, SATS is entitled to transfer Membership Agreements to another company within the same group of companies, and to transfer any direct debit agreements in connection therewith.
8.6.2. SATS reserves the right to an annual price adjustment of current agreements in accordance with the consumer price index without prior notice. In case of other price adjustments, SATS will give at least one (1) month’s notice by e-mail/text message. The price change will come into effect one (1) month after the notification was sent, calculated from the first turn of the month.
8.6.3. SATS reserves the right on a general basis to make amendments to the Membership Agreement that are not related to price changes and transfer of Membership Agreements to another company within the same group of companies. In case of such amendments, SATS will give at least one (1) month’s notice per e-mail/text message. The amendment will come into effect one (1) month after the notification was sent, calculated from the first turn of the month.
8.6.4. Should SATS adopt significant amendments that adversely affect the Member, the Member is entitled to terminate his or her Membership Agreement. This may be done even if the commitment period for the Membership Agreement has not expired.
8.6.5. Termination pursuant to this clause should be made in writing by e-mail or letter and must be received by SATS no later than fourteen (14) days before the amendment(s) are implemented. This is provided that the Member was notified of the amendment(s) no later than one (1) month before the amendment(s) are implemented.
8.6.6. The Membership Agreement will be terminated on receipt of such notice to SATS. The Member will be given a written confirmation from SATS by email or letter.
8.7. In such cases, SATS will debit the Member's final monthly fee in the month before the change comes into effect. If notice due to the circumstances above is given before the minimum agreement period expires, SATS will refund any part of the monthly fee paid in advance, less deductions for any charges.
8.9. SATS reserves the right to suspend Memberships for a certain period or terminate the Membership Agreement with immediate effect, if the Member is in serious breach of the Membership Agreement. Here, serious breach of agreement includes:
8.9.1. Payment default of monthly membership fees and other charges that, despite notice of debt collection or other warnings, have not been paid. 8.9.2. Breach of the SATS Safety or Wellbeing Rules or if the Member has not complied with warnings issued by SATS.
9. Storage facilities and liability for damage/theft
9.1. SATS members may use lockers to store their personal belongings, secured by their own lock.
9.2. If the Member forgets to remove belongings stored in lockers at a SATS club beyond the normal closing time, SATS is entitled to force open the Member's lock and remove such stored belongings. The Member is obliged to collect such belongings left behind within 14 days thereafter.
9.3. SATS accepts no liability for personal injury, theft or other loss of the Member's personal property that the Member has brought to a SATS club, except in the event where SATS can be found liable to compensate for such on account of its own negligence.
10. Force Majeure, Choice of Law and Disputes
10.1. SATS accepts no liability for the prevention or restriction of fitness activity opportunities, due to circumstances outside SATS control and that which SATS could not reasonably have foreseen the consequences of (Force Majeure).
10.2. The Membership Agreement is governed by Norwegian Law.
10.3. Any disputes between the Member and SATS should be attempted to be resolved amicably. If this cannot be done, either party can take the dispute to a court of law.