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Athletic Fitness

General Terms

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DEFINITIONS

When applying these General Terms and Conditions, the terms and expressions specified below are used in the following sense:

  • Supplier – companies "Athletic Fitness" Ltd., "Fitness Factor" Ltd. and "Fitness Partners" Ltd.;
  • Online store – AthleticFitness.bg, owned by the Provider, accessible at the Internet address www.athletic.bg and www.shop.athletic-bg.com , through which Users have the opportunity to conclude contracts (agreements) for the purchase and sale of the services offered by the Provider;
  • User – any person who consumes the service offered by the Provider after registering in accordance with these General Terms and Conditions and has an active user profile for using the e-shop, or has purchased the offered service on site, from a facility of the Provider;
  • User profile – created upon completion of registration and separated in the database of the e-store, a unique profile of the respective User for use of AthleticFitness.bg, accessible by entering a username and password;
  • Order – each individual request sent to the Provider by a User for the purchase of services on site or from the online store;
  • Accepted Order – any Order within the meaning of the previous point that the Supplier has explicitly confirmed;
  • Services – fitness and wellness services offered at the Provider's facilities, with a detailed description of the services (parameters) available at the Internet address www.athletic.bg and www.shop.athletic-bg.com ;
  • Service Parameters – data on what the Service includes, in which locations it can be used, term of use, options for termination or freezing of use, payment methods and terms and any other information specified by the Provider for each Service offered by it;
  • Provider's facility – place of use of the Services, with specified working hours during which the Services can be used;
  • Settlement – ​​City / village where at least one Facility of the Supplier operates;
  • Subscription – right to use the Service according to the specific subscription plan;
  • Subscription Plan – terms of the Subscription under which the Service is used for a month, one year or for another period specified in the relevant plan. Unless otherwise agreed, the annual and monthly subscription plans are prepaid in full and in advance for the entire period, and all other subscription plans are prepaid in advance for each subsequent month (period) through periodic automatic payment.
  • Prepaid service – paid in advance for the entire period of use, through a weekly, monthly, annual card, etc., according to the terms offered by the Provider for prepayment of the Services;
  • Card/Subscription Card – a personal RFID card, physical or electronic carrier containing data about the paid service, provided for use by the respective User.

SUPPLIER DATA

Name of the Supplier: "Athletic Fitness" OOD, with registered office and management address: Sofia 1504, Oborishte district, 78 Yanko Sakazov Blvd. Entry in public registers – entered in the Commercial Register at the Registry Agency with UIC 121616204.

"Fitness Factor" Ltd., with registered office and management address: 101 Tsar Simeon the Great Blvd., Stara Zagora 6000. Registration in public registers – registered in the Commercial Register at the Registry Agency with UIC 206516253.

"Fitness Partners" Ltd., with registered office and management address: Plovdiv, 38 Peshtersko Shose Blvd. Entry in public registers – entered in the Commercial Register at the Registry Agency with UIC 208034519.

Supervisory authorities:

– Personal Data Protection Commission;

– Consumer Protection Commission.

Registration under the Value Added Tax Act No. BG121616204

Address of business and correspondence details: Sofia 1756, 5 Lachezar Stanchev Str., Sopharma Business Towers, Tower A, Floor 4. E-mail: office@athletic-bg.com , tel.: 0889 140 264.

SUBJECT

  1. These General Terms and Conditions are intended to regulate the relations between the Provider and the Users when using the services provided by the Provider.
  1. The general terms and conditions are available at the internet address athletic.bg .

USER REGISTRATION

  1. In order to use the e-store, the respective User must create their own user profile by filling out the electronic registration form at athletic.bg .
  1. (1) By checking the relevant box upon completing the registration, each new User declares that he/she is familiar with these General Terms and Conditions, including the Privacy Policy and the Internal Rules for the Use of Fitness Services , agrees with their content and undertakes to comply with them.

(2) In case the User is a minor, subscription plans can only be purchased with the express consent of a parent or guardian. When making the purchase, contact information for a parent or guardian must be provided, who will be notified and the consent confirmed. Otherwise, the purchase will be canceled.

(3) In case the User is a minor (under 14 years of age), the statement of acceptance of these General Terms and Conditions and the registration shall be made by a parent or guardian. When using the Service, the minor User shall be accompanied by an adult or, for a fee, according to the price list of the Object of use of the Service, use the services of a fitness instructor – otherwise, the minor User shall not be allowed to use the Service.

  1. Upon registration and upon subsequent updating, the User, or his/her parent or guardian, declares that the provided identity data is accurate, true and complete. The Provider is not responsible for any erroneous, false, incomplete or otherwise inaccurate data provided upon registration and/or upon subsequent updating.
  1. The Provider confirms the completion of the registration by sending a message to the email address specified in the electronic registration form, containing information about the activation of the user profile.
  1. (1) Acceptance of the General Terms and Conditions by checking the relevant box and submitting the registration form by clicking the relevant button, as well as the submission of each individual order, constitute electronic statements within the meaning of the Electronic Document and Electronic Certification Services Act and, upon their confirmation by the Provider, lead to the conclusion of Contract(s), hereinafter also referred to as "Agreements", between the Provider and the relevant User.

(2) The parties expressly declare that the conclusion of the contract and the confirmation of the General Terms and Conditions electronically have the same legal force and consequences as the signing of the contract on paper with a handwritten signature, in accordance with the Electronic Document and Electronic Certification Services Act.

(3) The contract between the Provider and the User is represented by these General Terms and Conditions.

terms and conditions available at the internet address www.athletic.bg , together with all amendments and

additions thereto and together with any Agreement confirmed by the User,

as well as any order requested by the User and confirmed (accepted) by the Supplier

for a certain Service, which led to the conclusion of an Agreement for the use of

the respective ordered Service.

  1. The e-mail address specified in the electronic registration form, or any subsequent updates, will be used by the Provider to contact the User, and messages sent to him/her will be deemed to have been received upon their sending to the User's e-mail address without the need for explicit confirmation. The User undertakes to immediately notify the Provider of any change in his/her e-mail address. For the avoidance of doubt, until the Provider is notified of the new e-mail address, the Provider will continue to send messages to the e-mail address with which the user profile is associated.
  1. User registration and ordering can also be done on-site, at any of the Provider's service provision sites.

ORDER FOR THE PROVISION OF THE SERVICE. ACCEPTANCE OF THE ORDER

  1. An order for the provision of the Service can be placed on site, at any of the Provider's locations.
  1. (1) When a User places an order through the online store, the Provider confirms acceptance of the order by sending a message to the email address associated with the respective user profile. It contains information about the ordered service, the General Terms and Conditions, information about the conditions, term and method for exercising the right of withdrawal from distance transactions.

(2) The User agrees that e-mails sent by the Provider do not need to be signed with an electronic signature in order to be effective against him.

  1. The Statement (Order) for the conclusion of a Contract (Agreement) and the confirmation of its receipt are considered received upon sending them to the specified email addresses, and when the order is placed on site – at the moment the statement is made and accepted.
  1. (1) The Provider has the right at any time to unilaterally change the number, type, content, assortment, prices, payment methods and other parameters of the offered Services, including the structure, scope and names of the subscription plans, without prior notification to the Users.

(2) Such changes shall only apply going forward to new and renewed subscription plans and service requests. Current Users who already have active subscriptions or prepaid services shall retain the services used under the same terms and price until the expiry of the respective prepaid period, unless the User and the Provider expressly agree to switch to a new plan.

  1. Ordered Cards are received on site at the Supplier's location at/for which the order was placed by the User.
  1. PARAMETERS, PRICES, METHODS AND PAYMENT DEADLINE FOR THE SERVICE
  1. (1) The Provider provides, and the User uses, the Service according to the parameters and prices announced on the Provider's website, as well as on information boards at the service provision sites.

(2) The parameters of the Service may differ at different locations.

  1. Unless the parameters of the Service provide that it can only be used in a specific location(s) (locally), the User may use the Service in all locations of the Provider.
  1. The Provider provides the service against payment of a price payable by the User according to the service parameters selected by him.
  1. The User pays the price of the Service in advance – for the entire term of provision of the Service, except when its parameters provide for payment in periods.
  1. The Provider confirms receipt of payment by activating the Service.
  1. Payment can be made via "automatic recurring payment", via the EasyPay system, by bank card and/or in cash on site – at the Provider's locations.

PRICE INDEXATION

  1. The Provider has the right to update service prices and subscription plans only for future subscription periods.
  1. The Provider has the right to update the prices of services and subscription plans upon automatic renewal.
  1. The indexation does not affect subscription plans already concluded and paid for for their current term and is not applied retroactively.
  1. Indexation is carried out no more often than once a year and is based on the official Consumer Price Index (CPI) published by the National Statistical Institute (NSI), and the amount of the increase cannot exceed the percentage of annual inflation reported for the previous calendar year.
  1. The Provider shall notify the User of the indexation in an appropriate and demonstrable manner no later than one month before the indexation enters into force .
  1. In the event of a price increase upon renewal of a subscription plan, the User has the right until the expiration of the current subscription plan, but not less than two months from receipt of the notification, to refuse the renewal or terminate the contract before the indexation enters into force without any penalties or other sanctions, and the subscription plan will be considered terminated on the expiration date of the current subscription period that the User has prepaid.

SPECIFIC TERMS AND CONDITIONS FOR USE OF SUBSCRIPTION PLANS

  1. (1) This Section VIII regulates the relations between the Provider and the Users when using Services provided under subscription plans.

(2) As of the effective date of this amendment to the General Terms and Conditions, the Provider offers annual and monthly subscription plans. More information, parameters and conditions, including prices, for each individual subscription plan can be found at the following link.

(3) Annual subscription plans provide a final preferential price for the use of fitness and wellness services, payable in monthly installments. The final preferential price is applicable only if the User has paid the due installment each consecutive month without interruption within the framework of the respective Subscription. In case of non-payment of one or more monthly installments, the User is not entitled to benefit from the final preferential price and he will be charged according to the prices for the respective monthly subscription. Each monthly installment for the entire period of the annual subscription is due, regardless of whether the Customer has used the services provided under the subscription plan chosen by him.

(4) The Provider may unilaterally terminate the Agreement for annual subscription plans if the User has not paid two or more due monthly installments (whether consecutive or not). For the avoidance of doubt, the monthly installments accrued to that point will be due from the User, taking into account the preceding paragraph.

(5) Specific terms and conditions agreed between the parties in a separate agreement, in promotional offers, in terms and conditions published on the Provider's website, or in another written document, shall have priority and shall apply with precedence over the general provisions of this Section, but only to the extent that they regulate different or additional rights and obligations for the relevant Service. In the remaining part, the Provider's general terms and conditions shall apply.

  1. (1) Except when the requested start date for using the service under an annual subscription plan coincides with the first day of the month, the starting point for calculating the contractual term of the subscription is considered to be the first day of the month following the requested start date for using the service. In such cases, the contract is considered to be concluded for the term of the relevant subscription plan, increased by the number of days in the month preceding the fixed subscription period, determined according to the requested start date. For example, if the requested start date for using is March 20, the starting point for calculating the contractual term will be April 1, and the contract is considered to be concluded for a term of 12 months and 12 days (the period from March 20 to 31 is added to the subscription term).

(2) Payment for all annual subscription plans is made by automatic periodic payment in favor of the Provider, unless otherwise agreed. When requesting the respective annual subscription plan, the User shall register his/her bank card and consent to the automatic periodic payment in favor of the Provider. The periodic payment is made by automatic withdrawal of the respective monthly subscription fee for the use of the services or other amount due – in the manner, on the dates, for the periods and according to the other conditions provided for in this section. In case a subscription plan is purchased on-site at the site, the periodic payment will be made upon visiting the Provider’s site on the due date of the respective fee.

  1. (1) When selecting automatic periodic payment according to this section as a method of payment for their subscription, the respective User consents to the respective monthly subscription fee being requested for withdrawal from their bank card directly by the Provider, without the need for the explicit authorization of each individual payment by the User.

(2) The payment of the periodic installments is in advance (prepaid each following calendar month) and each monthly subscription installment is always of the same fixed value, explicitly indicated to the User before finalizing the respective application – with the exception of the first payment, according to the cases of "First Payment" described below. For the avoidance of doubt, even in this case, the amount of the first payment will be calculated in proportion to the requested days of use of the fitness services based on the fixed price for a whole month, and its amount will be indicated to the User as the final value before its payment.

(3) The Provider's servicing bank does not charge additional fees for the First Payment or periodic automatic payments from the User. The User agrees that his bank may charge additional fees for making payments to the site, and these fees are beyond the control of the service provider.

  1. (1)Registration and update. Along with other necessary information, the User enters his/her bank card details electronically after being redirected during the purchase process from the Provider's website to the system of "First Investment Bank" AD, "MAIPOS" EAD, "MAIPOS SERVICES" EOOD, or "Aicart" AD.

(2) The bank card data is entered by the User into the system of First Investment Bank AD, MYPOS EAD, MYPOS SERVICES EOOD, or Icard AD via a secure channel, protected by modern cryptographic mechanisms that ensure a high level of security. The User has the right to provide data only on a bank card issued in his name, and the Provider's employees will be authorized to require the provision of an identity document to verify the fulfillment of this obligation.

(3) The registered card data is stored in encrypted (protected) form in the system of First Investment Bank AD, MYPOS EAD, MYPOS SERVICES EOOD, or Icard AD. The Provider or third parties do not have access to them at any time.

(4) On the dates specified for this purpose, the Provider submits a request to First Investment Bank AD, MYPOS EAD, MYPOS SERVICES EOOD, or Icart AD for the withdrawal of the amounts in the amount agreed with the User and in accordance with the authorization (consent) given by the User.

(5) If necessary – in the event of a stolen bank card, an expired card and other cases – the specified card data can be changed by the User by entering the updated data into the system of “First Investment Bank” AD, “MYPOS” EAD, “MYPOS SERVICES” EOOD, or “Icard” AD in a manner identical to that of initial registration, described above in paragraph 1 of this article – a fee is charged for each change of bank card. The User must notify the Provider in writing of the update made at office@athletic-bg.com . The latest data that the User has specified at the time of each relevant request by the Provider for withdrawal of the monthly subscription fee are considered valid.

(6) The User is obliged to promptly update the data on his bank card. In the event that the request for withdrawal of an amount cannot be executed due to failure to fulfill this obligation or due to other reasons dependent on the User, the Provider is not liable for the failure to provide the service and the refusal to subsequently provide this type of subscription under the same conditions. For the avoidance of doubt, failure to fulfill the obligation to update the data does not release the User from the obligation to pay for the service.

  1. (1)First payment. The amount of the first payment for the “FLEX”, “SMART” and “Climbing fit” subscription plans is calculated according to the date requested by the User for the start of use of the Service, and the amount of the initial payment will be calculated in proportion to the requested days of visit until the end of the relevant month based on the fixed price for a whole month, and will include the full monthly subscription fee for the following calendar month. For example, if the User requests the 15th day of a month with 30 days as the date for the start of use of the service, the User will pay a first payment fee by the end of that month in the amount of 15/30 of the fixed price for a whole month, as well as the price for the entire following calendar month. In any case, the amount of the first payment, as well as the periods to which it refers, will be indicated to the User as a final value before its payment.

(2) Upon subsequent maturity of an automatic periodic payment, the monthly subscription fee will be requested for withdrawal by the Provider as a fixed equal amount for the entire period of the requested subscription.

  1. Subsequent payments. On the 20th of each month, the Provider sends a request for automatic periodic payment for the next monthly subscription fee, covering the entire period of the following calendar month (from the first to the last day).
  1. Inability to withdraw. In the event that the payment for a subscription requested by the Provider cannot be made due to reasons that depend on the User and/or for which the User should have informed the Provider (expired or stolen bank card, insufficient funds in the account, etc.), the User receives a notification from the Provider by e-mail or telephone, informing him that the payment could not be made successfully. In such a case, the relevant user has the right to continue using the Provider's services until the expiration of the prepaid subscription period. The Provider has the right to make subsequent attempts to request a withdrawal of the amount due from the User. In the event of three unsuccessful attempts to withdraw the amount due from the User, the Provider has the right, at its discretion and without giving a new additional payment period, to notify the User that it is terminating the Agreement for the provision of services under a subscription plan due to his fault.
  1. (1) Term of Annual Subscription Plans. Annual subscription plans are concluded for a period of 12 consecutive calendar months, which are counted as follows: except when the requested date for the start of use of the service is the first day of the month, the counting of the 12-month period begins on the first day of the month following the requested start date of use. The contract is considered concluded for a period of twelve calendar months plus the number of days in the month preceding the fixed 12-month period, determined according to the requested start date.

(2) The annual subscription plans "Annual Card" and "Annual Card Climbing fit" are not subject to early termination at the initiative of the User. After payment has been made, the contract cannot be terminated, and the amount paid is not subject to refund, regardless of whether the User has used the Services provided by the Provider.

(3) The user has the right to use the service throughout the prepaid period, and his access is automatically terminated upon expiration of the contract term.

(4) The user has the right to freeze the validity of his annual subscription twice for a total period of up to 30 days. In case of freezing, the subscription period is automatically extended by the time during which use was suspended.

  1. (1) Term of Monthly Subscriptions. Monthly subscriptions are concluded for a period of one month, which runs from the date of activation and expires on the day preceding the same calendar date of the next
  2. month (for example: if activated on October 14, the term expires on November 13 inclusive) during which the card was purchased.

(2) Monthly subscription plans are not subject to early termination at the initiative of the User. After payment has been made, the contract cannot be terminated and the amount paid is not subject to refund, regardless of whether the User has used the Services provided by the Provider.

(3) The user has the right to use the service throughout the prepaid period, and his access is automatically terminated upon expiration of the contract term.

  1. (1) The “SMART” subscription plan (including the types “SMART BULGARIA” and “SMART SOFIA”) is an annual subscription to which the conditions applicable to annual subscriptions apply, to the extent that specific conditions regarding the term, termination and consequences of termination are not provided for in the present and subsequent provisions.

(2) In case of early termination by the User of a "SMART" plan before the expiration of the subscription plan term, which is calculated in the manner specified above in the general terms and conditions, the User owes a penalty in the amount of 30% (thirty percent) of the value of the remaining monthly fees until the end of the initial subscription term , but not more than 3 monthly installments.

(3) Early termination of the "SMART" plan occurs immediately, without the need for prior notice, from the moment of receipt by the Provider of the duly completed Cancellation Form and paid penalty amount.

(4) The consumer undertakes to pay the due penalty in cash or by bank transfer within 5 (five) working days from the date of termination of the contract.

(5) The user has the right to freeze the validity of his "SMART" Subscription Plan for a period of up to 2 (two) months – initially for 1 (one) month and, if necessary, for another 1 (one) month, during which period the user continues to pay the due installments according to the subscription plan. In case of freezing, the subscription term is automatically extended by the time during which the validity of the subscription plan was frozen.

  1. (1) Specific conditions for Subscription Plans"Climbing fit","FLEX" and Subscription Plan with a minimum term of 12 months Subscription Plans "Climbing fit", "FLEX" and Subscription Plan with a minimum term of 12 months are annual subscriptions to which the conditions applicable to annual subscriptions apply, insofar as no specific conditions regarding the term and termination are provided for in this provision.

(2) The notice period for termination of the “Climbing fit” and “FLEX” subscription plans will be determined as follows: the number of days remaining in the calendar month in which the notice of termination is given, and in addition – the next three full calendar months, but not more than the term of the subscription plan itself. Upon expiration of the notice period thus determined, the Agreement will be deemed terminated. For example: if the notice date is 10 (tenth) February, the notice period is determined by the number of days after this date until the end of February, together with the days of March, April and May, as the Agreement will be deemed terminated on 1 (first) June.

(3) During the notice period, the service continues to be used by the User and the relevant subscription fees continue to be due. During the notice period for termination of a Service under a Subscription Plan, automatic payment dates will occur. On the first automatic payment date, the Agreement has not yet been terminated and a sufficiently long period of its validity remains, therefore the Provider has the right to request a periodic payment for the next one-month period. The termination is effective going forward and all amounts already prepaid upon termination, including in the above-mentioned hypothesis, are not refunded. In any case, all periods already prepaid by the User will be able to be used until their expiration.

  1. Cancellation Form. The User may exercise his right to terminate the annual subscriptions "SMART", "FLEX" and "Climbing fit" by completing and submitting the Cancellation Form . The form should contain at least the following data: three names, personal identification number, permanent address, e-mail, contact phone number, as well as data on the subscription service used (type of subscription, card number and/or date of conclusion). The User may also submit the form by e-mail to office@athletic-bg.com . In this case, the Provider confirms receipt of the statement by a message sent to the e-mail address specified by the User. The form can also be submitted by mail to the following address: Sofia 1756, 5 Lachezar Stanchev Str., Sopharma Business Towers, Tower A, Floor 4.
  1. (1)Renewal. After the expiry of the fixed term for which all due monthly subscription payments have been successfully paid, the Agreement concluded between the Provider and the User for the provision of services under the subscription plans "SMART", " Climbing fit" and "FLEX" is automatically transformed from fixed-term to indefinite, in the absence of written opposition from either party made no later than one month before the expiry of the fixed term.

(2) Upon renewal, the Service will continue to be provided by the Provider for the same monthly subscription fee that the User has paid up to this point, in accordance with the indexation rules under these General Terms and Conditions, as well as in accordance with the other agreements specified in this Section VII of the General Terms and Conditions, and each of the parties to the renewed subscription plans "SMART", " Climbing fit" and "FLEX" has the right, with a notice period of days until the end of the month in which the notice was submitted, and the entire following month, to terminate the Agreement concluded between them, unless the indexation rules under these General Terms and Conditions are applicable.

  1. Other. The Provider is not responsible for the inability to provide this type of subscription if the bank issuing the User's bank card does not allow (initially or subsequently) automatic periodic payments, as well as in any other cases not directly dependent on and/or which are beyond the control of the Provider.

SPECIFIC CONDITIONS FOR USE OF A CLIMBING WALL

  1. This Section VIII regulates the relations between the Provider and the Users only when using climbing wall services.
  1. The climbing wall is located locally, only at the Supplier's site – Athletic Fitness Dianabad, at the address: Sofia, 5 Lachezar Stanchev Str., tower A, floor 2.
  1. Each User may purchase services for the use of a climbing wall, which are provided by the Provider in accordance with the terms of this Section VIII, " Declaration-consent for the use of a climbing hall and wall at Athletic Fitness Ltd. " ( Appendix 1 ) and " Safety instructions for the facilities in the climbing hall " ( Appendix 2 ), an integral part of these General Terms and Conditions.
  1. (1) In order to use the climbing wall services, it is a mandatory condition for the User to familiarize himself with, complete and sign the "Declaration-consent for use of a climbing hall and wall at Athletic Fitness Ltd" (Appendix 1), by which he declares that he is familiar with the terms of these services, as well as the risks of using them.

(2) The declaration of consent under paragraph 1 shall be made on site – at one of the Supplier's locations, or when ordering through the Supplier's website.

  1. (1) Only adults who have declared that they are aware of the risks arising from their visit to the climbing hall and the climbing wall shall be allowed in the climbing hall and on the climbing wall.

(2) If the User is a minor, the Declaration of Consent must be signed by a parent/guardian – an adult who is entrusted with the care of the minor.

(3) Minors – under 14 years of age – must be accompanied on the Supplier’s premises, including in the climbing hall. They may use the facilities only within the framework of training and courses organized by the Supplier, or if accompanied by their parents, guardians or coaches with established climbing experience.

(4) Minors in a disadvantaged situation, including Autism Spectrum Disorders, multiple disabilities, type of disability – hearing impairments, visual impairments, language and speech impairments, paresis, physical dysfunction, etc., must be accompanied by an adult parent/guardian – on the territory of the Provider, including in the climbing hall, who will monitor and be responsible for the safety of the minor, themselves and other visitors.

(5) In cases where the person has been diagnosed by a doctor with a disorder that falls into the category of special educational needs (SEN), including Autism Spectrum Disorders, multiple disabilities, a type of disability – hearing impairments, visual impairments, language and speech impairments, paresis, physical dysfunction, etc., and exhibits non-specific (different) behavior, but specific to the specific condition, it is necessary to take them outside the territory of the climbing hall and fitness center or to a separate place by the attendant until they calm down.

  1. Visitors to the climbing wall may use the individual areas of the hall (horizontal climbing area – traversing; bouldering area; top belay climbing and bottom belay climbing) only if they have the relevant climbing experience. The latter is established by an employee of the Supplier.
  1. (1) The climbing hall is equipped with seats and safety devices, the use of which is mandatory for the entire period during which the User uses the climbing wall. It is not permitted to remove this equipment from the climbing hall.

(2) Visitors who use their own equipment in the climbing hall are responsible for its reliability and compliance with applicable standards. They must notify the Provider of the use of their own equipment before the start of the training.

  1. The Provider's team reserves the right to require compliance with additional rules in order to ensure the safety of visitors and trainees.
  1. The Provider has the right, in each specific case, to refuse access or remove any visitor if it suspects that he is under the influence of alcohol or other intoxicating substances, or deems it necessary in order to protect internal order and the safety of other visitors and employees, as well as if it considers that the equipment used does not meet the applicable standards of reliability and compliance, as well as if the use of its own equipment poses a threat to the health and life of other visitors.

CONSUMER RIGHTS AND OBLIGATIONS

  1. The User confirms the accuracy of the personal data provided by him, declaring that he is familiar with the voluntary nature and conditions for providing and processing personal data, as well as with the consequences of refusing to provide them. The User expressly agrees that the Provider may process his personal data independently, including disclosing and providing personal data to other third parties, but only for the purposes provided for in the current legislation.
  1. The User has the right to use the Services purchased by him only personally by declaring that he is familiar with and will comply with the Internal Rules for the Use of Fitness Services.
  1. The user has the right to use AthleticFitness.bg and the services offered by the e-store in good faith, for their intended purpose, for personal and non-commercial purposes.
  1. The user is obliged not to perform actions that may lead to a breach of the security of the e-store and/or hindering third parties' access to it.
  1. (1) The user does not have the right to provide access to his user profile to third parties.

(2) The User is obliged to keep the username and password for access to his/her user profile confidential. In case a third party gains access to them, the User is obliged to immediately notify the Provider. In case of failure to fulfill this obligation, the Provider shall not be liable for any damages suffered by the User.

(3) The Provider accepts any identification with the username and password of the respective user as access carried out by the user himself.

  1. In the event of a change in the identity data provided during registration, the User is obliged to update them promptly, while complying with the requirement that they be accurate, true and complete.
  1. (1) The User is not entitled to provide the card issued to him/her to third parties. In case the User loses his/her personal card, he/she must immediately notify the Provider thereof.

(2) All purchased services are associated with the User's user profile and can be used until they are exhausted after paying a fee for issuing a new personalized card.

  1. (1) It is possible that one or all of the Provider's facilities may be closed or have their location changed at the Provider's initiative. In this case, a Client who has concluded an annual subscription agreement has the right, without incurring any penalties or notice, to unilaterally terminate this agreement within one month from the closure and/or change of the location of the Facility. For the avoidance of doubt, the User has the right to cancel a purchased Service even if in the Settlement where at the time of purchasing the Service a Facility of the Provider was operating and at the time of cancellation of the Service, in the same Settlement there is no longer a functioning Facility of the Provider in which the User can use the Service.

(2) The closure of a Provider's Facility for repair activities does not entitle the User to cancel an already purchased Service if another Facility operates in the Settlement where the User can use the Service – for the avoidance of doubt, the Provider will extend the term of the Subscription Plan by as many days as the closure for repair activities lasted, regardless of whether there was another Provider facility in the same settlement.

(3) If a Prepaid Service is purchased , the User does not have the right to unilaterally terminate the Agreement for the use of the Service before the expiry of the prepaid period, except in the event of culpable behavior of the Provider.

(4) The User has the right, when provided for in the parameters of the service, to request and receive suspension ("freezing") of use for the period of time specified in the parameters of the Service.

  1. (1)Right of withdrawal of the User. A User, within the meaning of the Consumer Protection Act, who has made a distance purchase of the Service, has the right, without owing compensation or penalty and without giving a reason, to withdraw from the concluded Contract for the purchase of services from the Provider within 14 (fourteen) days, counting from the date of confirmation of an order for the Service by the Provider. In order to exercise his right of withdrawal, the User must notify the Provider by an unambiguous statement (for example, a letter sent by post or e-mail).

(2) Withdrawal form. To exercise the right of withdrawal, the User may use a sample withdrawal form, but this is not mandatory. The User may fill in and submit the standard withdrawal form or another unambiguous application electronically on the Provider's website. If the User uses this option, the Provider will send the User a confirmation of receipt of the withdrawal on a durable medium (e.g. by e-mail).

(3) Consequences of withdrawal. If the User withdraws from this contract, the Provider shall reimburse all payments received from the User without undue delay and in any event not later than 14 days from the date on which it was informed of the User's decision to withdraw from the contract. The reimbursement will be made using the same means of payment used by the User for the initial transaction, unless the User has expressly agreed otherwise; in any event, this reimbursement will not involve any costs for the User.

(4) Cancellation after the start of use of the subscription. If the User has chosen to start the subscription before the expiration of the cancellation period, the Provider may withhold an amount proportional to the services provided up to the time of notification of the cancellation.

(5) Exceptions to the right of withdrawal. The right of withdrawal does not apply to service contracts that have been fully performed if the performance has begun with the express consent of the User and with confirmation on his part that he is aware that he will lose his right of withdrawal after the full performance of the contract by the Provider.

(6) Procedure for exercising the right of withdrawal. The User must send a clear statement of his decision to withdraw from the contract to the specified address of the Provider. For this purpose, the User may use the attached standard withdrawal form, but this is not mandatory. The statement must contain information about the subscription contract, including the date of conclusion and the User's personal identification data.

(7) Opt-out Contact Information. Opt-out notices may be sent to the following address:

Supplier's address: Sofia 1756, 5 Lachezar Stanchev Str., Sopharma Business Towers, Tower A, Floor 4, or

Email: office@athletic-bg.com ,

tel.: 0889 140 264.

(8) Rights and obligations after withdrawal. After the User has exercised his right of withdrawal, the Provider will terminate the provision of services under the contract, effective from the date of receipt of the withdrawal notification. The User will be notified of the termination of the subscription and all related services.

  1. Right to complaint. The consumer – an individual who is a consumer within the meaning of the Consumer Protection Act, has the right to file a complaint and benefit from the legal guarantee within the meaning of the Consumer Protection Act in the event of non-compliance of the provided fitness services with the agreed conditions, in the event of lower quality of the services or in the event of defects in the equipment.

RIGHTS AND OBLIGATIONS OF THE SUPPLIER

  1. (1) If necessary and in order to preserve and improve the quality and security of its services, the Provider may temporarily (planned or incidentally) restrict access to AthleticFitness.bg.

(2) If necessary, the Provider has the right to temporarily or permanently limit or change the functionality of AthleticFitness.bg and the services offered by the e-store, and every effort will be made to notify users of this in a timely manner.

  1. (1) In the event of an inability to provide the services requested by the User, the Provider shall notify the User thereof as soon as possible.

(2) In the event that the User does not choose to have his order changed, the Contract, at the User's request, is terminated and the amount paid by him is refunded in an amount proportional to the unused remainder of the prepaid period for using the Service.

  1. (1)Refund of paid amounts. The Provider is obliged to refund to the relevant User in full all amounts unreasonably received by the User, without undue delay and no later than 14 (fourteen) days from the date on which the grounds for refund arose.

(2) The Provider is obliged to refund the amounts received using the same payment method used by the User in the initial transaction, unless the User has accepted an explicit offer from the Provider to use another payment method and provided that this does not involve any costs for the User.

  1. (1) Intellectual property. The e-store AthleticFitness.bg, all its content, as well as the related trademarks are objects of intellectual property, protected under the applicable Bulgarian and international legislation.

(2) The content of AthleticFitness.bg may not be copied and used by third parties without the express written consent of the copyright holder.

(3) When providing access to the e-shop, the Provider reserves all rights, and does not cede any of them to its Users. AthleticFitness.bg is intended entirely for personal and non-commercial use by the Users of the e-shop.

(4) The Provider has the right to use comments and recommendations received from its Users for the development of its services directly or indirectly without owing any remuneration for this.

  1. The Provider and its partners and suppliers are not responsible for the infringement of the rights of third parties by the actions of the User when using the e-shop and/or the services offered therein, in cases including, but not limited to, violation of these General Terms and Conditions.

ATHLETIC FITNESS LOYALTY PROGRAM

  1. (1) Purchasing services provided by the Provider through the e-shop with the domain bg or on-site at the Provider's facilities entitles the User to accumulate loyalty points in their User Profile.

(2) For every 1 (one) euro paid including VAT for the Provider's services, the User accumulates 1 loyalty point in his/her User Profile. Accumulated 50 (fifty) loyalty points have a value of 1 (one) euro.

  1. (1) The loyalty points accumulated by the User can only be used to purchase, on-site at the Supplier's locations, products from the bar – water, coffee, other drinks, nutritional supplements, towel rental, solarium, etc.

(2) When exercising the User's right under paragraph 1 to exchange loyalty points for the purchase of products from the bar, no loyalty points are accumulated.

  1. Accumulated points can only be used by the holder of the User Account in which they were accumulated and cannot be transferred to another User Account.
  1. At its discretion, the Provider may at any time add or remove services for which bonus points are accrued, or change the amount of bonus points to be received.
  1. (1) Validity of accumulated points – accumulated loyalty points can be used for the period in which the User has an active service for access to the Provider's facilities.

(2) Loyalty points accumulated in the User Profile are automatically canceled 2 (two) months after the expiration of the User's last active service.

(3) In the event of the User's cancellation of the Provider's services and reimbursement of the payment made by the User, described above, the accumulated loyalty points from the initial purchase of a service from the Provider are canceled and cannot be used by the User.

LIMITATION AND EXCLUSION OF LIABILITY

  1. (1) In its activities, the Provider strives to comply with established commercial practices and to provide high-level services that are available to Users. However, in certain situations, it may be necessary to close commercial establishments due to repair work, accidental events, measures against the COVID-19 pandemic and other circumstances. The Provider is not liable if, due to objective necessity or reasons beyond its control, it is impossible to provide the Service.

(2) The Provider is not liable if, due to medical, health or other considerations concerning the specific User (including, but not limited to: medical recommendations, instructions, opinions, etc.), the Service cannot be provided.

(3) The Provider is not liable if the User suffers damages in connection with the provision of the Service due to failure to comply with instructions and guidelines when using the equipment and designated premises (such as a climbing wall), as well as the instructions and guidelines provided by the service staff at the facility that the User has decided to visit.

(4) The Provider is not liable for damages that the User has suffered as a result of using the website, as long as these damages were not suffered due to the culpable conduct (actions or omissions) of the Provider. The culpable conduct of the Provider must be proven by the User who has suffered the damage.

(5) The Provider is not liable if the user profile of a User is used by a third party. For the avoidance of doubt, in such a situation, until proven otherwise, all actions will be deemed to have been performed by the User with whom the user profile is associated.

(6) The Provider may at any time introduce new services and subscription plans, as well as discontinue or modify the provision of existing services, which may be due to market, technical, organizational or other reasons. The Provider does not guarantee that all services will be offered for the entire period of existence of the commercial facilities or that they will retain their original form, and is not liable for the discontinued provision of services, regardless of the reasons. For the avoidance of doubt, such changes, within the meaning of this clause, will not affect Users with an already concluded Subscription Plan Agreement.

(7) The Provider is not liable if a User considers the content published on the website to be offensive, incorrect. In case of errors, Users should notify the Provider immediately upon discovery.

(8) The Provider is not liable if a User loses the Card issued to him/her. In such case, the User is obliged to immediately notify the Provider, and the Provider will deactivate the lost Card.

CHANGES TO THE GENERAL TERMS AND CONDITIONS

  1. (1) The Provider has the right at any time to unilaterally amend and/or supplement these General Terms and Conditions when this is required by changes in the regulatory framework, technical or organizational requirements, development of the services offered or other reasons, including for the purpose of improving the quality of service.

(2) Amendments and supplements to the General Terms and Conditions shall enter into force from the date of their publication on the official website of the Provider and shall be valid only for the future.

(3) The changes made do not affect active subscriptions or prepaid services for the period for which the payment has already been made. The terms and conditions in effect at the time of conclusion of the contract or prepayment continue to apply to them.

(4) Users are deemed to be notified of the changes made from the date of their publication on the Provider's website. For services requiring registration, acceptance of the amended General Terms and Conditions is deemed to be made by continuing to use the Service after their publication.

XV . ADDITIONAL PROVISIONS

  1. For the avoidance of doubt, the parties agree that the exchange of electronic messages between the Provider and the User at the email addresses specified by them will also be considered a written form of communication. All notifications within the meaning of these General Terms and Conditions, including notifications of indexations, will be made to the email addresses provided by the Users.
  1. In case of dissatisfaction with the online store or the services offered through it, the Provider encourages Users to contact a company representative directly in order to attempt to informally resolve the disputes that have arisen. In case the User does not wish to use this method or is not satisfied with the Provider's response, the User has the right to refer the matter to the European Electronic Platform for Online Resolution of Consumer Disputes .
  1. For situations not regulated in these General Terms and Conditions, the general provisions of Bulgarian and relevant applicable international legislation shall apply.
  1. The invalidity of any provision of these General Terms and Conditions shall not result in the invalidity of the General Terms and Conditions in their entirety.

Date of last update of General Terms and Conditions – 31.10.2025,

The General Terms and Conditions come into force on 15.04.2021 and are published on the Internet at www.athletic.bg on 15.03.2021.

DECLARATION-CONSENT FOR USE OF THE GYM AND CLIMBING WALL AT ATHLETIC FITNESS LTD – FITNESS CLUB "ATHLETIC DIANABAD"

The undersigned, ………………………………………………………………………………………….,

( three names )

with personal identification number: ……………………………

In my capacity as Declarant and parent/guardian of

………….,

( to be filled in only if the Declarant is also a parent/guardian of a minor and/or minor )

with personal identification number: ……………………………

D E C L A R I R A M :

before "Athletic Fitness" OOD, with its registered office and management address in the city of Sofia, Oborishte district, 78 Yanko Sakazov Blvd., entered in the Commercial Register at the Registry Agency with UIC: 121616204, that

  1. I am familiar with and agree to the " Rules for the Use of Facilities " from Section VIII of the General Terms and Conditions of "Athletic Fitness" Ltd. for relationships with users of fitness services and the " Safety Instructions for Facilities in the Climbing Hall " at Athletic Fitness Dianabad.
  2. I understand the meaning of the above rules, instructions and measures, and if additional clarification is needed, I will begin using the facilities in the climbing hall only after explanations have been given to me by an Athletic Fitness instructor and understood by me, regarding all my questions.
  3. I will comply with the above rules, instructions and measures while on the territory of the fitness club, including the climbing hall.
  4. When using the facilities at Athletic Fitness, including the climbing hall, I will take into account my skills and physical abilities.
  5. I am aware that the use of the facilities at Athletic Fitness, including the artificial climbing wall, by me/us is associated with certain risks, including the risk of serious bodily injury (including broken limbs, bruises, abrasions, etc.) or fatal consequences due to slipping, tripping, falling from a height, contact with the facility and equipment, an observer or other visitor to the climbing hall, etc. The aforementioned risks depend on numerous factors, including the age, physical abilities and coordination of the participants in the activities, their experience and preparation, the behavior of the observers and participants in the various activities, the response time of the emergency medical services, compliance with the safety rules and use of the facilities and following the instructions by the staff, as well as by the visitors, etc.
  6. I agree to participate in and/or observe the activities offered in the climbing gym.
  7. I agree to release Athletic Fitness Ltd. and its employees from liability for events that damage my physical integrity, such as, but not limited to, death, disability, physical injuries, bodily harm caused by me or to me, property damage and other incidents that may occur to me, or the minor/minor person for whom I am responsible, during my/our stay and while using the facilities at Athletic Fitness, including the artificial climbing wall. I also agree to release the above-mentioned persons from liability for claims or other claims and complaints filed against them by third parties for incidents and injuries that occurred as a result of my intentional or negligent actions, as this declaration of release from liability binds both me and my family, relatives and heirs. I agree that this disclaimer may be used by Athletic Fitness Ltd. and its employees and I declare that I am responsible for my actions (intentional or negligent) during my stay and when using the facilities at Athletic Fitness, including the artificial climbing wall.
  8. I am informed that my personal data a) may be recorded and processed both on paper and/or digital media and b) that the specified data will be destroyed by Athletic Fitness Ltd. after the reason for their processing ceases to exist.

In case the Declarant is a minor or a minor, the statement of acceptance of these declared consents, as well as the "Rules for the Use of Facilities" and the "Safety Instructions" for behavior in the climbing hall at Athletic Fitness Dianabad is made by a parent or guardian. When using the services of Athletic Fitness Ltd., the minor/minor declarant (user) must be accompanied by an adult or, for a fee, according to the price list of the object of use of the services of Athletic Fitness, use the services of an Instructor or a professional Trainer.

Upon registration and upon subsequent updating, the Declarant declares that the provided identity data is accurate, true and complete.

Date: ……………………. Signature:

SAFETY INSTRUCTIONS FOR FACILITIES IN THE CLIMBING ROOM

On the territory of the site – Athletic Fitness Dianabad, an artificial environment has been built – a hall with a climbing wall, where the risk of injuries and contusions is reduced to the minimum possible. However, climbing the wall hides its risks – the occurrence of serious bodily injuries (including broken limbs, bruises, abrasions, etc.) as a result of slipping, tripping, falling from a height, contact with sports facilities and equipment. Compliance with these safety instructions is of utmost importance for ensuring a safe environment on the territory of the climbing hall.

In view of this, climbers and all other visitors to the climbing hall must:

  • Not to use the climbing facilities if this is contraindicated to them by a doctor or other specialist or if they have the slightest doubt about their physical and mental health – for example, due to the use of medications, narcotics, alcohol, etc.
  • Do not overestimate your climbing skills, abilities and experience, as this can lead to injuries and trauma. Uncontrolled falls can result in injury.
  • To constantly assess the risks that their behavior poses to themselves and others.
  • To contact the instructors in all cases when they do not know or hesitate how to approach a given situation. To signal to the team any problems or irregularities found related to the climbing walls and equipment, including when they notice inappropriate or dangerous behavior on the part of other visitors.
  • Be considerate of other visitors and do not contribute to exposing them to unnecessary risks.
  • Not to unreasonably distract other climbers or the team in the climbing hall.
  • Do not climb or stand in the area directly below or near another climber.
  • When climbing the wall, tie the rope directly to the seat at the intended location with a correct and tight knot, and at the slightest hesitation, contact an instructor.
  • Stay away from climbing areas when not climbing.

If any questions arise from a visitor/climber regarding safety, the relevant person should begin using the facilities only after receiving an answer and clarification from an instructor on any question raised regarding the safe use of the facilities.

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