Flow MMA

TERMS AND CONDITIONS

Welcome to FLOW – Centro de Bem Estar! These are the terms and conditions governing the use of our facilities and related services. We are Alwaysheroes, Lda., headquartered at Rua Dr. João de Barros, nº 209, 2750-567 Cascais, NIPC 514744090, e-mail info@flow-mma.com.

1. SCOPE AND CONTRACT FORMATION

1.1. The scope of the Agreement is the Member’s access to FLOW - Centro de Bem Estar (the Center) and use of the facilities for physical activities and well-being.

1.2. The Agreement is deemed to have been entered into upon FLOW's acceptance of Member’s application through FLOW's website or mobile app. The membership is deemed accepted by FLOW at the time of its submission. However, FLOW may decline the application in writing within 10 days of its submission, in which case the Agreement will terminate automatically without any compensation by FLOW and all amounts paid by the Member with the application will be reimbursed.

2. MEMBERSHIP

2.1. On the date of the application, the Member may select one of the following membership types:

- DIAMOND: full use of the Center during opening hours, unlimited lessons per month and personalized nutrition advice

- GOLD: full use of the Center during opening hours and unlimited lessons per month

- SILVER: use of the Center up to 12 times per month

- BRONZE: use of the Center up to 8 times per month

- DAY PASS: unlimited use of the classes available on the chosen day

- WALK IN: single use of a class on the chosen day

2.2. FLOW reserves the right to change, at any time, the characteristics of the membership types and/or additional services, which will take effect from the month following the date of the display of the change in the Center, website and/or mobile app, which Member acknowledges and accepts.

3. ACCESS AND USE OF THE CENTER

3.1. The use of the Center is forbidden to minors under the age of 16, except for specific Children’s Classes.

3.2. The opening hours of the Center are posted in a visible place at the Center and can be changed at any time by FLOW. In the event of a change in the opening hours of the Center, FLOW undertakes to post it in advance in the Center.

3.3. The use of the facilities, equipment and materials of the Center by the Member must be done at all times strictly in compliance with the Regulation of the Center posted on its premises, which the Member shall consult regularly to check for any updates.

3.4. Except as authorized by FLOW, the Member may only enter the Centers' premises once a day.

3.5. The attendance of workshops, courses, classes and/or similar activities outside of the regular activities of the Center depends on the advance payment of the amount indicated in the price list in force at the time of registration and is subject availability.

3.6. The use of part or all of the facilities of the Center may be limited by FLOW for the purpose of carrying out specific activities (such as workshops, maintenance, competitions, seminars, filming, etc.). FLOW will advise the Members of such limitations in advance by email, text message or message posted at the Center. The Member shall not have the right to any compensation due to such limitations.

3.7. Due to market changes, FLOW reserves the right at any time to add or change the services provided and/or the equipment and activities available in the Center, in order to safeguard the best interests of the Members or due to changes in its commercial policy, which the Member acknowledges and accepts.

4. MEMBER’S RIGHTS

4.1. The Member has the right of access to the Center and its services, according to the membership type chosen and under the terms of the Agreement.

5. MEMBER’S DUTIES

5.1. Without prejudice to any other contractual or legal obligations, the Member’s duties are:

a) Completion of the Application Form: fill in the application form with complete, true and updated information, and update such information immediately whenever a change occurs;

b) Basic Law for physical activity and sport: under the terms and for the purposes of the provisions of Law No. 5/2007, of January 16, the Member must ensure that he/she does not possess any contraindications to the practice of physical activity that he/she intends to carry out in the Center, assuming the responsibility for the non-fulfillment of this duty;

c) Compliance with the Regulations of the Center: know and observe at all times the provisions of the Regulations of the Center;

d) FLOW Recommendations: follow the recommendations and/or instructions provided by FLOW, directly or through its representatives and/or employees;

e) General duty of civility: behave with civility in relation to employees and representatives of the Centers, as well as other Members;

f) Payments: pay the membership fee and supplements on time, according to FLOW's price list in force at each moment, depending on the membership type and services or supplements chosen, as well as other amounts due under the Agreement;

g) Profitable use: Refrain from using the facilities and/or equipment of the Center for profit, unless previously authorized in writing by FLOW.

h) Equipment: wear appropriate clothing for sports activities must be worn for class (e.g. sports shorts, tee shirt, no jeans or outerwear.) FLOW will provide equipment (e.g. BJJ gi, boxing gloves) for the first trial class, thereafter members must either purchase their own equipment from FLOW or another vendor, or pay to rent equipment. Rental prices are displayed onsite. 

6. PAYMENT

6.1. The membership may be subject to the payment of a registration fee, in accordance with the price list in force at the time of application, as well as payment of an amount for insurance - the insurance information is posted at the Center.

6.2. Depending on the type of membership and the services or supplements chosen by the Member, and independently of the actual use of the Center's facilities, equipment and/or services, the Member shall pay FLOW the amounts calculated according to FLOW's price list at any time in force, and initially indicated in the Agreement according to the price list in force at the time of its execution.

6.3. Regardless of the duration of the Agreement, the invoicing of the membership fee and the services or supplements referred to in the previous clause will be made monthly. The provisions of this clause do not apply to DAY PASS and WALK IN.

6.4. Prices listed in FLOW's price list will be updated annually (for the purposes of increases only), in February, without the need for prior notice to the Member. The update will be made according to the average rate of change of the harmonized index of national consumer prices in January published by the National Statistics Institute for the previous twelve months. Notwithstanding the foregoing, FLOW reserves the right to change at any time, based on changes in its commercial policy, increased activity costs, excessive demand, economic, social and/or political changes in the company or changes in law, its price list, upon 30 days’ notice, which the Member acknowledges and accepts.

6.5. Any amounts due by the Member under this Agreement may be paid through direct debit to a bank account in the name of the Member, who must fill in the necessary information in the application and/or any other documents required for this purpose, accepting that the debit can take place before or during the period of exercise of the right to repentance provided for in clause 10.4, letter (i). The rights and obligations of the Parties and the depositary credit institution with respect to direct debit are regulated in the Legal Regime of Payment and Electronic Currency Services, approved by DL 317/2009 of October 30 and by Regulation (EU) No 260/2012 of the European Parliament and of the Council of 14 March 2012.

6.6. Notwithstanding the provisions of clause 6.5, the amounts due by the Member, if he/she chooses the DAY PASS or WALK IN, must be paid in cash or through electronic means, namely through the use of an ATM (multibanco) reference provided by FLOW.

6.7. The immediate use of the Center after registration of the Member depends on the receipt by FLOW of the initial payments due.

6.8. When payment of the membership fee by direct debit is not completed for reasons attributable to the Member or to the credit institution indicated by the Member, FLOW charges a return fee, effective on the date of the fact, which is due for each attempt debit to a bank account that has not been successfully completed.

6.9. Notwithstanding the foregoing, the Member hereby expressly authorizes FLOW or another entity authorized by FLOW to proceed with the direct debit of a bank account as necessary for the settlement of the amounts due under this Agreement.

6.10. If FLOW does not charge the amounts due by the Member within the defined time limit, the Member is responsible for paying the amounts due for the registration and/or use of the Center during the period in which the collection has not taken place.

6.11. In the event that any amount resulting from error in the collection of amounts or the cancellation of the registration under the Right of Repentance provided below is returned to the Member, FLOW will make such return within a maximum period of 60 days from the date on which the origin of the return obligation or the date on which the return is requested by the Member.

7. DURATION OF THE AGREEMENT

7.1. In case the Member has opted for an Agreement with Commitment, the Agreement is entered into for a period of one year, automatically renewing itself for equal and successive periods of time.

7.2. If the Member has opted for a non-Commitment Agreement, the Agreement is deemed to be entered into for a period of one month, automatically renewing itself for equal and successive periods of time.

7.3. DAY PASS or WALK IN: The Agreement is not renewable automatically, being limited to its validity on the day chosen or to the class.

7.4. The deadlines referred to in clauses 7.1. and 7.2. shall refer to the day of the month in which the Member's application occurred, unless a change in the membership type occurs, in which case the weeks will be counted by reference to the date of the change.

8. SUSPENSION OF THE CONTRACT

8.1. The Member is not granted the option to suspend the Agreement.

8.2. In the event of a fortuitous or force majeure event (for example, government decisions, floods, fires, explosions, accidents, wars, civil requisitions or strikes or need to carry out works in the Center that cannot be performed outside normal operating hours and requires a temporary closing) that prevents FLOW from providing, in whole or in part, services to the Member ("Fortuitous or Force Majeure"), such situation does not give the Member the right to any compensation or to exonerate or suspend, even partially, the obligation to pay the quota and any supplements.

9. TERMINATION OF CONTRACT

9.1 Should either Party fail to comply with any of the provisions of this Agreement or of the applicable laws, and if such non-compliance is considered to be material (one that by its seriousness or reiteration renders the contractual relationship unenforceable for the other Party) in the event that it is not remedied by the defaulting Party within 10 days (after written notice, which may be sent by email) by the other Party, it shall be understood that the defaulting Party is in a definitive non-compliance and the other Party may terminate the Agreement.

9.2. Without prejudice to the provisions of clause 9.1 and to any other legal grounds, FLOW may terminate the Agreement in the following situations:

a) Delay of more than 30 days in any payments due by the Member;

b) Member’s breach of the Regulations of the Center or of the provisions of this Agreement;

c) The provision of erroneous and/or false information by the Member to FLOW, including, but not limited to, the information submitted in the application;

d) Any behavior that could affect the safety and/or well-being of other Members and FLOW's representatives and employees, as well as conduct that causes damage to the facilities and/or equipment of the Center or, in any way, could affect the reputation or good name of the Center or FLOW;

e) Termination of the Agreement entered into with Commitment: termination for convenience, without payment of any compensation to the Member, provided that FLOW gives notice at least 30 days in advance of the date on which the termination takes effect. The termination of the contract shall not relieve the Member of the obligation to pay any amount due until the date of termination, without prejudice to the fact that the Member may not be required to pay the amounts corresponding to the discount applied during the term of the Agreement.

9.3. Once the Agreement has been terminated by FLOW pursuant to clause 9.1 or clause 9.2, FLOW has the right to demand from the Member the payment of all amounts due and unpaid under the Agreement, as well as compensation for damages resulting from non-compliance and resolution (including attorney's fees and expenses). In the event of termination of the Agreement entered into with Commitment, the Member shall also be required to pay an amount equivalent to the discount applied by FLOW in relation to the list of prices in force at the date of conclusion of the Agreement or of any of its renewals, whichever is the closest to the resolution date, with reference to the entire Commitment Period in which the termination occurred.

9.4. Without prejudice to any other legal grounds, and to the provisions of clause 9.1, the Member may terminate the Agreement immediately in the following situations, without being entitled to any compensation:

a) In the 14 days following the date of the application for the Agreement, without need of indication of the reason, by registered letter with notice of receipt sent to the headquarters of FLOW, having the right to receive all the amounts paid by virtue of the application, except if the Member used the Center during this period, in which case no amount will be returned;

b) In the event of a change in the Agreement or prices pursuant to clause 2.2 or the final part of clause 6.4, respectively, with which the Member does not agree, provided that notified FLOW in writing and terminates the Agreement until the date of entry into force of the change.

c) The Member may at any time terminate the Agreement entered into with Commitment, by notice made at least 30 days in advance, provided that, as a condition of such termination, the Member pays FLOW in advance the amount equivalent to the discount provided in accordance with the price list in force at the date of the Agreement or its renewal ("Initial Date"), whichever is the closest to the effective date of the termination ("Date of Termination"), with reference to the period between the Initial Date and the Date of Termination. Failure to pay such amount shall preclude the right of the Member to terminate the Agreement.

9.5. Termination of the Agreement entered into without Commitment: The Parties may, unilaterally, freely terminate the Agreement without payment of any compensation, by notice given at least 30 days in advance of the date on which the termination shall take effect. Termination of the Agreement shall not relieve the Member of the obligation to pay any amount due until the termination takes effect.

9.6. A Fortuitous or Force Majeure event shall only be considered grounds for terminating the Agreement if it continues uninterruptedly for at least 30 days.

10. FLOW'S LIABILITY

10.1. FLOW's liability to the Member, whether contractual or non-contractual, including for acts and/or omissions of its representatives or employees, only exists in cases in which it has acted with gross negligence or willful misconduct, being limited in as permitted by applicable law, to the amounts paid by the Member under the Agreement.

11. PERSONAL INFORMATION

11.1. Upon completion of the Registration, the Member will be asked for certain data that may be identified ("Personal Data"), which will be treated by FLOW, in strict compliance with the law and in accordance with the FLOW Privacy Policy. The following rights are guaranteed to the Member in respect of his/her Personal Data: right of access to personal data, right of rectification, right of erasure, right to limitation, portability right, right to opposition and, in particular, right to oppose that your data be processed for direct marketing purposes, in the terms described in the Privacy Policy.

12. GENERAL PROVISIONS

12.1. Notifications and communications: For the purposes of the Agreement, the notifications of the Member for termination for non-compliance, termination for changes to the Agreement or in other cases of termination of the Agreement, must be made by registered letter with acknowledgment of receipt. All other notifications and communications between the Parties, which do not provide particular form, must be made by registered mail or email, to the addresses mentioned in the Agreement. The Parties shall notify each other of any change in their addresses and the change shall become effective 30 days as of the date of notification.

12.2. Assignment of Contractual Position and Credits: The Parties may not assign their position in the Agreement, as well as the rights and obligations arising therefrom, in whole or in part, without the express prior written consent of the other Party. As an exception to the foregoing, FLOW may assign its contractual position to any company with which it is in a controlling or group relationship or in connection with a merger or sale of a substantial part of its holdings, as well as assign the credits arising under this Agreement.

12.3. Set off: Member authorizes FLOW to set off any amounts owed by FLOW to the Member under this Agreement in the payment of any credits that FLOW has against the Member.

12.4. Timeframes: Unless otherwise stipulated, the periods provided for in the Agreement shall be counted continuously. Deadlines that end on a day that is not a business day will be transferred to the next business day.

12.5. Agreed domicile: The Parties agree, as the place where they are domiciled for the purpose of service in the event of a dispute, the addresses set out in the Agreement.

12.6. Applicable law and forum: The Agreement shall be governed by Portuguese law and for the resolution of any and all disputes or litigation directly or indirectly related to it, the Cascais District Court is territorially competent.

12.7. Language: These terms and conditions are available in English and in Portuguese. In case of discrepancy, the Portuguese version shall prevail.

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