TERMS OF SALES

 

Preliminary article: Definitions

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

Subscriber: any person or legal entity who has subscribed to a Subscription or purchased Credits or a pack of Credits sold by Sanctuary. The Subscriber accepts all the General Terms and Conditions of Sale on the date of purchase.

Block: succession of one or more sessions in a row.

General Conditions of Sale: these provisions, governing the contractual relations between Sanctuary and the Members.

Crédits : désigne les crédits attribués aux Adhérents suite à l’achat de Crédits, d’un Pack ou d’un Abonnement, lui permettant d’accéder aux Sessions.

Pack : les Crédits sont proposés en lots, désignés sous le terme de Pack. La liste des Packs est disponible sur les sites internet.

Sanctuary: trademark of THE SANCTUARY GROUP, a simplified joint stock company with capital of 139,733 euros, located at 33, Boulevard Saint Martin in PARIS (75010), registered in the Paris Trade and Companies Register under number 793 052 499, represented by its Chairman.

Session : séance sportive proposée par Sanctuary et animée par un coach.

Studio: space dedicated to sports activities and operated by The Sanctuary Group.

Titre : désigne soit les Crédits, soit les Packs, soit les Abonnements.

Article 1: object

The General Terms and Conditions of Sale constitute the sole and exclusive framework for the legal relationship between the Member and Sanctuary, to the exclusion of any other document or advertising brochure.

The General Conditions of Sale are applicable to all Members.

Article 2 – Registration terms and conditions of access

Anyone wishing to take part in a Session must first:

(i) Faire l’acquisition d’un Titre :

- Or buy a Credit Pack;

- Or take out a Subscription.

Once in possession of the Credits, Subscription or Pack, the member will be considered a Sanctuary Member, for the duration of the validity of the Title purchased. The purchase of Credits, Packs or Subscriptions implies ipso facto acceptance by the Member of all the stipulations of the General Terms and Conditions of Sale.

(ii) Register for a Session

In order to take part in a Session at the Studios, Members with valid Credits, Packs or Subscriptions must first register online on the Sanctuary websites or via the Sanctuary mobile application, or directly on site with a member of Sanctuary staff.

La salle ne peut pas accueillir plus de personnes que le nombre indiqué dans l’Article 17.2 « Fréquentation Maximale » de sorte qu’il ne sera plus possible de s’inscrire aux Sessions lorsque le nombre maximal de personnes est atteint. L’Adhérent devra effectuer le paiement de ses Crédits, Packs ou Abonnements avant de pouvoir s’inscrire.

Members are responsible for their bookings, and it is their responsibility to check the accuracy of each booking (place, date, time, number of places), failing which they will be charged for Sessions booked but not carried out.

Any corrections must be made as soon as possible and no later than 12 hours before the start of the Session.

Article 3 – General Conditions of Sale applicable

The General Terms and Conditions of Sale may be updated or modified without prior notice. The General Terms and Conditions of Sale applicable are those in force at the time the contract is concluded, i.e. on the day the Credits, Packs or Subscription are acquired by the Member. However, the internal rules applicable are those in force on the day the Member visits the Studio. By registering for the Sessions, the Member agrees to abide by the internal rules in force on the day the lesson is given and in particular the start and end times of the Session.

Article 4 – Services, duration, postponement, termination

4.1 Conditions

The Credits, the Subscription or the Pack subscribed to give a right of access to the Sessions offered by the Studio. This right is non-transferable.

Purchases of these services in store cannot be refunded and online purchases of these services may benefit from a right of withdrawal as provided for by the Hamon law.

Any cancellation or modification of a Session must be made at least 12 hours before the start of the Session booked. If this is not done, the Session booked will be cancelled or financial penalties will be applied, notwithstanding the Member's absence. The financial penalties for late cancellation (less than 12 hours before the start of the Session) and for absence from the Session booked and not cancelled are five (5) euros.

The price is shown on the special conditions of contract given to the customer and on the websites of the Sanctuary brands.

The Member declares, in any case, at the time of the conclusion of the Subscription contract, that he/she has had his/her fitness to practice a sporting activity checked by a doctor and that he/she is in possession of a certificate to this effect drawn up by the doctor so that he/she can produce it at Sanctuary's request. The Member also undertakes to take all necessary precautions for his or her health, safety and hygiene and to comply with Sanctuary's instructions in this regard.

The Member may not assign or transfer to anyone in any way whatsoever, free of charge or for a fee, the Subscription taken out under the Contract.

4.2 Duration and postponement

4. 2. 1 Period of validity of Packs and Subscriptions

• A compter de la date de facturation, les Packs de 16 Crédits ont une durée de validité de un mois, les packs de 60 Crédits ont une durée de validité de 2 mois, les packs de 120 Crédits ont une durée de validité de 4 mois, les packs de 240 Crédits ont une durée de validité de 8 mois et les packs de 480 Crédits ont une durée de validité de 16 mois.
• For Subscriptions of 14 Credits, 26 Credits and 39 Credits, the Credits are valid for 1 month from the invoice date. Credits are credited to the Subscriber's account on a weekly basis.

It is understood that any promotion or new offer will have a specific duration, specified in the special terms and conditions.

4. 2. 2 Report

Failure to use the Sessions during the period of validity of the title will not give rise to a refund of the Sessions not used by the Member. However, the period of validity of Credits within the framework of Subscriptions may be extended in the event of any closures of the Studio, excluding summer holidays and the Christmas period.

The validity of the Subscription and Packs may be extended if the Member can prove that he/she is physically unable to practise sport for more than 1 (one) month. A written request must be made, accompanied by a medical certificate stating the Member's inability to practise the sport, and specifying the duration of the inability to practise the activity. The request must be made before the Subscription and Credits expire. Failure to do so will render the request inadmissible.

4. 3 Non-payment of sums due by the Member in respect of the Subscription

In the event of non-payment of the sums owed by the Subscriber to Sanctuary, Sanctuary reserves the right to suspend access to the Studios and to the services provided under the Subscription and to register the Subscriber in its "payment incident" contentious collection file, in strict compliance with the provisions of law no. 78-17 of 6 January 1978 on data processing, data files and individual liberties, this registration preventing the Subscriber from benefiting from the advantages, products and/or services that Sanctuary, its affiliated companies or its partners may have reserved for him/her.

In the event of late payment of sums due, Sanctuary reserves the right to terminate the Subscription and to demand payment within 10 working days from the date of formal notice sent by post or email. As soon as the cancellation takes effect, the Member will be required to pay the sums contractually due until the Subscription expires. In this case, the Member will also be liable to pay a penalty of 8 % of the outstanding sums.

4. 4. Commitment period for Subscriptions

There are 3 Subscription options and three possible commitment periods. In all, 9 Subscriptions are available. 

Les Abonnements avec un engagement de 12 mois :

• 14 Credits subscription at 19 euros per week
• 26 Credits subscription at 35 euros per week
• 39 Credits subscription at 45 euros per week

Les Abonnements avec engagement de 6 mois :

• 14 Credits subscription at 25 euros per week
• 26 Credits subscription at 39 euros per week
• 39 Credits subscription at 49 euros per week

Les Abonnements avec engagement de 3 mois :

• 14 Credits subscription at 28 euros per week
• 26 Credits subscription at 44 euros per week
• 39 Credits subscription at 55 euros per week

After the commitment period, all the above Subscriptions are tacitly renewed for an unlimited period by successive periods of a whole month. All the Subscriptions described above are taken on a weekly basis, renewed automatically every 7 days.

4. 5. Conditions for cancellation of the Subscription by the Member

4. 5.1 Termination at the end of the commitment period

The Subscriber may cancel the Subscription without reason or compensation only if the Subscriber is no longer subject to the commitment period. The Subscriber must then send a request to customer services at one of the following addresses: contact@aqua-by.com ; contact@lecercle-boxing.com ; contact@poses-studio.com ; contact@decibel-danse.com ; contact@drip-hiit.com ; contact@premierbain.com and give 15 (fifteen) working days' notice before the next billing date.

4. 5.2 Cancellation during the commitment period

Cas des Abonnements avec engagement de 12 mois : si l’Abonné souhaite résilier son Abonnement pendant la période d’engagement, il est entendu que les conditions suivantes doivent être respectées :

• If the cancellation request takes effect between the 1st (first) and 5th (fifth) month inclusive, the Subscriber must pay the sums due for the Subscription over the 12 (twelve) month commitment period.
• In the event of termination taking effect between the 6th (sixth) and 9th (ninth) month inclusive, the sums remaining to be paid will be subject to a flat-rate reduction of 15% (fifteen per cent).
• In the event of termination taking effect between the 10th (tenth) and 12th (twelfth) month, the sums remaining to be paid will be subject to a flat-rate reduction of 30% (thirty per cent).

Cas des Abonnements avec engagement de 6 mois : si l’Abonné souhaite résilier son Abonnement pendant la période d’engagement, il est entendu que les conditions suivantes doivent être respectées :

• In the event of cancellation taking effect between the 1st (first) and 6th (sixth) month, the Subscriber must pay the sums due for the Subscription over the 6 (six) month commitment period. No flat-rate discount will be applied.

Cas des Abonnements avec engagement de 3 mois : si l’Abonné souhaite résilier son Abonnement pendant la période d’Engagement, il est entendu que les conditions suivantes doivent être respectées :

• In the event of cancellation taking effect between the 1st (first) and 3rd (third) month, the Subscriber must pay the sums due for the Subscription over the 3 (three) month commitment period. No flat-rate discount will be applied.

4. 5. 3. Exceptions

The Subscriber may terminate his or her Subscription contract at any time without compensation only in the following cases:

• Serious diseases A medical certificate must specify the Subscriber's state of health and the impossibility of exercising any sporting activity for a defined period. The certificate must specify the nature of the illness and the date on which it was first diagnosed.
• Serious accidents accident: a medical certificate must give full details of the Subscriber's state of health and specify the impossibility of exercising any sporting activity for a defined period. The medical certificate must specify the nature of the accident and the date on which it occurred.
• Death death certificate: the Subscriber's heirs must provide the original death certificate.
• Economic dismissal Redundancy: the Subscriber must provide a certified copy of the redundancy letter from their employer and a copy of their registration with the Pôle Emploi.
• Transfer/relocation beyond a radius of 25km from a Studio Sanctuary: proof of professional transfer issued by the employer or proof of new address must be provided.
• Pregnancy a copy of the prenatal examination sheet and the medical certificate of total contraindication indicating the duration must be provided. It is specified that the Subscription may be suspended due to the cases mentioned above. It will also be possible for the Subscriber to suspend his Subscription during the period of interruption mentioned on his medical certificates. This will extend the remaining term of the Subscription.

The Subscription contract cannot be terminated in the following cases:

• The consequences of accidents, illnesses or acquired congenital conditions diagnosed prior to your registration or re-registration with Sanctuary.
• The need to carry out a cure, an aesthetic, psychological or psychotherapeutic treatment.
• Holidays.

4. 6. Conditions for suspension of the Subscription by the Member

Sanctuary entend par « suspension » l’arrêt provisoire des droits et devoirs liant Sanctuary à l’Adhérent et inversement dans le cadre d’un contrat d’Abonnement entre les deux Parties. Toute suspension doit être définie dans le temps au moment de sa motivation et avoir une durée minimale de 1 mois. L’accès aux studios ne sera plus autorisé lors de ces suspensions.

The Member may suspend his Subscription in the following cases:

• Dans le cas d’un Abonnement avec engagement de 3 mois, 6 mois et 12 mois : l’Abonné pourra suspendre son Abonnement uniquement à l’issue de la période d’engagement et dans la limite de deux suspensions annuelles d’une durée maximale de 2 mois par suspension.
• In the event of the presentation of a medical certificate for a period of more than 1 month. If this suspension occurs during the commitment period, the Subscriber's commitment period will be extended in accordance with the period described in the certificate.

The following cases may not give rise to suspension of the Subscription contract:

• A medical certificate less than 1 month old.
• The need to carry out a cure, an aesthetic, psychological or psychotherapeutic treatment.
• Holidays.

Article 5 – Prices and regulations

The current rates are displayed on the Sanctuary website, on the Sanctuary mobile application and available in the studio using a QR Code. Sanctuary is free to modify its rates. The rates applicable to Subscriptions or Packs are those in force on the day the Subscription is taken out or the Credits or Packs are purchased. Payment can be made by cheque, bank transfer or direct debit.

In the case of payment by direct debit, the Subscriber must provide Sanctuary with a bank details form, a photocopy of their identity card and sign the SEPA direct debit authorisation. Direct debits are made in weekly instalments to the Subscriber's account. The Member undertakes to inform Sanctuary of any change of bank address as soon as possible. In the event of a payment incident, the amount of the direct debit must be paid directly to Sanctuary by another means of payment, plus bank charges. In the event of repeated payment incidents, Sanctuary reserves the right to terminate the contract to the exclusive detriment of the Member, and to demand payment of the outstanding sums.

In the case of payment by cheque, the Session is payable in advance. An identity document must be presented.

In the event that the Subscriber fails to meet his payment obligations, the sums normally due may be debited directly from his bank account.

Article 6 – Internal regulations

Within the Studios, it is prohibited to annoy Members with violent behavior or behavior likely to undermine decency, good morals, the tranquility of Members or the good order and cleanliness of the Studios.

The Member must comply with these internal regulations, adhere to them without restriction or reservation, and respect the following instructions:

Not allowed in the Studios:

• Minors, unaccompanied by an adult;
• Any person making sexist, racist or religious remarks;
• People who are sick, injured, with wounds, dressings, or skin infections;
• Animals, even on a leash;
• Les personnes dont l’état de santé ne leur permet pas la pratique d’une activité sportive ;
• People with heart problems.

Inside the Studio, it is prohibited:

• To stay outside opening hours;
• De pénétrer dans le Studio sans Abonnement, Packs ou Crédits en cours de validité, ou de participer à un cours sans y être inscrit ;
• Bringing food, alcoholic beverages or glass bottles into the Studio;
• To annoy Members with violent or inappropriate behavior;
• To run around the Studio;
• To use transistors or any other sound emitting or amplifier device.

Security :

• En cas d’incident ou d’accident, les Adhérents sont tenus de prévenir immédiatement par ordre de priorité, le coach, la réception du Studio, et les pompiers ou le Samu ;
• Les Adhérents sont tenus de respecter les consignes et injonctions faites par le coach ;
• In the case of an individual whose behaviour presents a danger to Members, Studio staff or himself, Sanctuary may call in the police.

Undressing, dressing and preserving clothing items:

• Les Adhérents doivent obligatoirement, sous peine d’exclusion, se déshabiller et s’habiller dans le vestiaire mis à disposition, déposer leurs affaires dans les casiers prévus à cet effet, et laisser le vestiaire dans un parfait état de propreté ;
• L’accès au vestiaire est réservé exclusivement aux personnes de même sexe ;
• Members are required to leave their clothes in a locker.

Hygiene and behavior of Members

• Each Member must be equipped with gloves and under-gloves (for Le Cercle Studios), clothing suitable for sporting activities (for all Studios), shoes suitable for sporting activities (for Le Cercle, Decibel and DRIP) and a swimming costume (for Aqua By). Sanctuary reserves the right to refuse access to the Session to anyone who does not meet these requirements. No refunds will be given in such circumstances.

Règlement intérieur spécifique aux Studios Aqua By :

• Chaque Adhérent doit être muni d’un maillot de bain exclusivement réservé à la natation et aux activités aquatiques. Aucune autre tenue ne sera acceptée ;
• Before entering the pool, Members are required to take a soapy shower. Access to the pool will be refused to anyone who is not absolutely clean or who does not wear decent clothing.

On the premises of the Aqua By Studio, it is forbidden to:

• Entering the sauna or hammam without having first taken part in a session;
• Entering the pool without the coach's permission;
• To walk with shoes after the take-off zone (indicated by a sign) except with plastic shoes intended for this purpose;
• Chewing gum in the pool;
• To dive, jump into the pool or push a person into the water;
• De faire des immersions prolongées, des apnées, seul et sans avertir le coach ;
• To simulate drowning;
• Use diving accessories, except swimming goggles;
• To use electrical appliances near the pool;
• De se baigner le corps enduit de crème ou d’huile ;
• If you are unable to swim, you must inform the coach and report this in writing to reception.

Miscellaneous :

• Il est formellement interdit d’endommager les aménagements et installations. Tous dommages ou dégâts seront réparés par les soins de Sanctuary au frais du contrevenant. Les dégradations de toute nature donneront lieu à des poursuites judiciaires ;
• Tout acte ou comportement de nature à porter atteinte à la décence, aux bonnes mœurs, à la tranquillité des Adhérents, au bon ordre et à la propreté du Studio est formellement interdit. Il pourra être sanctionné par le renvoi immédiat du Studio ;
• Le client devra déposer sa serviette de bain dans un des bacs prévus à cet effet après utilisation ;
• Le client devra mettre ses gants de boxe dans le bac à cet effet après utilisation (pour les Studio Le Cercle) ;
• It is forbidden to open the emergency exits, except in an emergency.

Article 7 – Conditions for payment by bank card

Members can pay for their purchases directly on the Sanctuary website or via the Sanctuary application. The amount of the order will not be debited until it has been validated. Payment by credit card is secured by an encryption system provided by STRIPE. Consequently, Sanctuary cannot access the customer's credit card number, which is transmitted in complete confidentiality. Only national bank cards will be accepted by the security system, as well as Visa and Mastercard.

Article 8 – Insurance

Sanctuary declines all responsibility in the event of loss or theft in its Studio. Sanctuary reminds you that it is not part of its mission to look after members' personal belongings that have not been put away in a locked locker.

Sanctuary is insured for damages giving rise to its civil liability. It cannot be held responsible in the event of an accident resulting from non-observance of safety instructions or inappropriate use of devices or other installations.

The Member is invited to take out additional insurance covering the risks associated with the sporting activities provided in the Sanctuary Studios.

In accordance with article 38 of the law of 16 July 1984, Sanctuary informs the Member of his right to take out "personal accident" insurance which will cover all the activities he is likely to take part in at Sanctuary Studio, it being understood that this cover is optional and remains the sole responsibility of the Member.

Article 9 – Irrevocability of membership and withdrawal period

The purchase of Credits, Packs or Subscriptions implies full acceptance of these General Terms and Conditions of Sale.

When subscribing to a Subscription or purchasing Credits or a Pack online from a distance, the Member will benefit, in accordance with the provisions of articles L121-19 et seq. of the French Consumer Code, from a period of fourteen (14) clear days to exercise his right of withdrawal, without having to justify his decision or pay any penalties, with the exception, where applicable, of the cost of returning the goods.

The Member may waive this time limit if he/she is unable to travel and at the same time needs to call on a service that is immediate and necessary for his/her living conditions. In this case, he would continue to exercise his right of withdrawal without having to justify his decision or pay any penalties. This right of withdrawal does not apply to legal entities subscribing to Packs and/or Subscriptions. Packs and Subscriptions are nominative and may under no circumstances be transferred to third parties by the Member.

Article 10 – Dispute resolution

These General Terms and Conditions of Sale are governed by French law. Any dispute between the Member and Sanctuary relating to the existence, validity, interpretation, execution and performance of this agreement will be subject to the jurisdiction of the competent courts, it being recalled that the Member may bring the matter before one of the territorially competent courts of the place where he or she lived at the time the contract was concluded or at the time the harmful event occurred.

Article 11 - Information on the Consumer Ombudsman

Any complaint must be addressed, firstly, to Sanctuary customer service with a view to finding an amicable solution.

If the Member has not received a satisfactory response, the Member may refer the matter to the AME Consumer Ombudsman within one year of the events in dispute. The contact details for the AME Consumer Mediation Service are as follows: mediateurfevad.fr

The FEVAD e-commerce ombudsman service 60, rue La Boétie - 75008 PARIS

E-mail: mediateurduecommerce@fevad.com

Article 12 – Other provisions

12. 1. Full agreement

The provisions of these Terms and Conditions constitute the entire agreement between Sanctuary and the Member with respect to the subject matter hereof and supersede all prior representations, negotiations, undertakings, oral or written communications, acceptances, understandings, agreements and understandings between the parties.

12. 2. Nullity of a provision

If one of the provisions of this agreement proves to be contrary to an applicable law or regulation, this provision will be deemed to be waived, without this affecting the validity of the other provisions of this agreement.

Article 13 – Termination and Force Majeure

As Credits and Packs are for a fixed term, they cannot be cancelled. Sanctuary undertakes to use its best endeavours to comply with the obligations set out in its General Terms and Conditions of Sale.

In the event that it is unable to perform its obligations due to events beyond its control or over which it has no control, its liability cannot be sought.

If the Studio is closed for more than 2 months, due to events beyond its control or for which it is responsible, the Member may terminate the Subscription contract concluded with Sanctuary by registered letter with acknowledgement of receipt. In this case, the cancellation will become effective within 15 (fifteen) days following the sending of this letter. Sanctuary must then reimburse the Sessions paid for and not carried out by the Member. 

Sanctuary also reserves the right to cancel Sessions in the event of a lack of personnel or participants in a Session (less than 5 people). In the event of cancellation of a Session, the Member may benefit from an extension of the validity period of his Subscription and/or Pack, by one week in relation to the expiry date initially planned.

The Subscription cancellation conditions are defined in article 4.5 of these General Terms and Conditions of Sale.

Article 14 – Security and limitation of liability

Taking out a Subscription and acquiring a Pack or Subscription implies that the Member declares that they are capable of carrying out a sporting activity.

Sanctuary's responsibility remains limited to the safekeeping of clothing items only, to the exclusion of any other object, and provided that the clothing has been stored in a duly locked locker.

Members are personally responsible for any accidents they may cause or commit.

Article 15 – Information, files and freedom

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

Article 16 - Derivative products, loans and returns

16.1. Loans

At each Session, Sanctuary offers you the opportunity to borrow a pair of gloves (Le Cercle) or cycling shoes (Space Cycle). These gloves and shoes are the exclusive property of Sanctuary and must be returned in the bins provided at the end of the Session. The same applies to towels lent to the Member. Any person found not to have returned these items may be liable to prosecution.

16.2. Returns

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

Article 17 – MISCELLANEOUS

17.1. Video surveillance

The studio is placed under video surveillance 24/7.

17.2. Maximum attendance

THE CIRCLE :

The Montmartre room: 29 people during a Session. The maximum number of people allowed in the venue is 95.

The Beaubourg auditorium: 57 people during a Session. The maximum authorised attendance is 179 people.

The Bastille room: 40 people during a Session. The maximum number of people allowed in the venue is 84 (including 40 in the basement and 44 on the ground floor).

POSES:

The Salle du Marais: 25 people during a Session. The maximum number of people allowed in the venue is 49.

Bonne Nouvelle Hall: 71 people during one Session. The maximum authorised attendance is 199 people.

DECIBEL®:

27 people during a Session. The maximum number of people allowed on the premises is 179.

DRIP:

The Montmartre room: 49 people during a Session. The maximum number of people allowed in the venue is 99.

The Montmartre room: 49 people during a Session. The maximum number of people allowed in the venue is 99.

SPACE:

The Bonne Nouvelle room: 55 people during a Session. The maximum authorised attendance is 199 people.

The Bastille room: 48 people during a Session. The maximum authorised attendance is 129 people.

AQUA BY and First Bath :

La salle de Réaumur: 16 people in the pool.

The Charonne room: 20 people in the pool.

The Batille room: 17 people in the pool.

La salle de Boulogne: 28 people in the pool.

Access times: Access to Sanctuary Studios is subject to the Sessions schedules available on each brand's website (www.aqua-by.com; www.lecercle-boxing.com; www.poses-studio.com; www.drip-hiit.com; www.decibel-danse.com; www.space-cycle.com).

The studios open 15 minutes before the start of the first Session of a Block, and close 20 minutes after the end of the last Session of that Block.

Members must arrive 10 minutes before the start of their Session. In the event of lateness, access to the Studio and ipso facto to the reserved Session may be refused and the Member's Session will be deducted or financial penalties will be applied. Access to the Studios and their equipment is strictly forbidden to the public outside these periods.

No presence, apart from special exemption, of consumers, will be authorized in the premises beyond these hours.