Terms and Conditions of Sale

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DEFINITIONS :

  • Club : Hereinafter, "the Club" refers to the company BURNING BAR and the premises where the services it offers are provided;
  • Member(s): Hereinafter, "the members" or "the member" or "the Client" refer to participants in a single session or subscribers to the Club who have taken out a membership to benefit from the services offered by the company BURNING BAR;
  • BB Members: refer to the first type of member who has subscribed to a membership;
  • BLACKDOOR Members: refer to the second type of member who has subscribed to a membership;
  • Membership Contract: Hereinafter, "the Contract" refers to the agreement concluded between the Club and a member, and the legal relationship binding the parties.

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ARTICLE 1 – PURPOSE

After becoming aware of and accepting the services offered by the Club, the member subscribes to a Contract.

The member can book a single session, which does not require a membership.

The member can become a BB member or a BLACK DOOR member: they must then submit a membership application. Upon acceptance by the Club, BB and BLACK DOOR members subscribe to a membership to benefit from the services provided by the Club.

The membership application to become a BB member or BLACK DOOR member is subject to conditions detailed on the Club's website.

The membership application is subject to the Club's approval.

The Contract is nominative, personal, and non-transferable. It establishes the relationship between the Club and a member and determines the conditions and terms under which the member can benefit from the Club's services.

The Contract also allows BB and BLACK DOOR members to benefit from the services provided by the Club and to use its facilities, provided they have made an appointment in advance and within the Club's opening hours.

La prise de rendez-vous se fait sur le site internet du Club, ou sur l’application mobile Burning Bar.

The appointment allows for the provision of the Club's equipment and facilities. The appointment does not include constant and systematic supervision of the members.

BB members have access to the gym, hammam, and sauna on weekends only, provided they complete a minimum of 2 sessions per month. 

BLACK DOOR members have access to the gym, hammam, and sauna every day of the week.

Les clients qui ne sont pas membres BB ou BLACKDOOR peuvent pas prendre de rendez-vous afin d’avoir accès à la salle de sport, au hammam et au sauna, en achetant un accès à l’heure, pour une date et heure précise sur le site internet ou application mobile. 

The Contract consists of these general terms and conditions of sale (hereinafter "GTC") and the internal regulations (hereinafter "Internal Regulations") which the member declares to accept. The GTC and the Internal Regulations are brought to the member's attention by the Club before the Contract is signed.

ARTICLE 2 – DURATION

The Contract is concluded for a fixed term of one year.

The Client may commit to a single session.

The Client can become a BB member and commit to a specified number of sessions ranging from one to fifty. BB members pay a membership fee of €50 for the year.

The Client can become a BLACK DOOR member and commit to a specified number of sessions ranging from one to fifty.

The Club offers various packs for immediate payment.

Les prélèvements cesseront au terme du Contrat ou du délai de préavis et à condition que le membre ait restitué au Club sa carte de membre.

Si le membre n’utilise pas l’abonnement contracté, il ne pourra aucunement prétendre à un remboursement.

Le Club se réserve le droit de modifier les tarifs de ses abonnements à charge pour lui d’en informer les membres dans un délai de deux (2) mois avant que la modification ne devienne effective.

ARTICLE 3 – SERVICES PROVIDED

The Club commits to providing its members with the following services:

  • Instruction in various sports disciplines and coaching, particularly Hot Pilates;
  • Leisure activities;
  • Wellness and fitness activities;
  • Sale of sports and wellness-related products;
  • Design, development, publishing, and operation of any software, program, application, and/or online platform related to sports.

ARTICLE 4 – SALE

The Club offers its members services provided within the club as well as services on its website.

Some purchases may only be made at the club's counter.

When a member places an order on the Club's website, they have a period of fourteen (14) clear days from the date of their order to withdraw, without any additional fees. This withdrawal must be made by registered letter with acknowledgment of receipt sent to the Club's postal address: 42, avenue Raymond Poincaré – 75016 Paris.

The letter by which a member withdraws from their order must contain the following information: name, first name, address, date of birth, and date of registration with the Club.

If these terms are met, the Club agrees to reimburse the member within fourteen (14) days from the notification of the withdrawal.

The refund will be processed using the payment method used by the member at the time of the order.

For the e-shop, Burning Bar currently offers no shipping solutions. All orders must be picked up directly at the studio.

ARTICLE 5 – PRICES

The price specified in the Contract is guaranteed in constant euros throughout the duration of the Contract.

This guarantee is excluded in the event of changes in the applicable taxation on prices or changes in currency.
The prices are listed on the Club's website and communicated to the Client before the signing of the Contract.

Prices vary depending on whether the Client participates in a single session or becomes a BB member or BLACK DOOR member. They also differ based on the type of subscription and the number of sessions.

ARTICLE 6 – ACCESS CONDITIONS

6.1 ACCESS CARD

The signing of this Contract results in the issuance of an access card to the member.

The access card is mandatory, personal, and non-transferable. It must be valid.

Members agree to present their own card to the reader to access the Club. Therefore, in the absence of a card, a member may be validly denied entry to the Club. Members are committed to having their membership card with them and presenting it at the reception in order to access the premises and enjoy the services.

It is strictly prohibited to scan a card at the reader for two people to enter the Club.

The membership card only grants access to the Club’s wellness area, which is located in the building’s basement. Members are prohibited from moving to any other part of the building or going to another floor. Failure to comply with this prohibition will result in the immediate withdrawal and suspension of the membership card for a period of fifteen days, with no right to compensation for the member.

The professionals working at the Club are authorized to request the presentation of the card from anyone within the Club.

Le membre pourra se voir refuser l’entrée au Club si la limite de l’effectif pouvant être accueilli est atteinte. Cette limite est indiquée à l’accueil du Club. Dans ce cas, le membre ne pourra obtenir aucune réduction ou remboursement de son abonnement.

In the event of loss or theft of the access card, the Club may issue a new card for the affected member. In this case, the member must pay the amount of ten (10) euros to cover the cost of processing and creating the new card. This fee must be paid by the member on the day the new card is issued.

The Club agrees to cover the cost of a card replacement in the event of a malfunction not caused by the member's actions.

6.2 MINOR CLIENT

A minor over the age of 16 is allowed to become a member of the Club, provided they are accompanied by a legal guardian at the Club, who will ensure their supervision.

This Contract will be signed by both the minor and their legal guardian.

The legal guardian agrees to pay, on their own behalf and on behalf of the minor, for the minor's subscription.
The legal guardian will need to sign a parental consent form.

In case of non-compliance with these conditions, the Club reserves the right to deny access to its premises to the minor.

6.3 DAYS AND HOURS OF OPERATION

The Club is open from Monday to Friday, 7:00 AM to 10:30 PM, and on Saturday and Sunday, 10:00 AM to 9:30 PM.

In the event of changes to the days or hours of operation, the Club agrees to inform the members.

ARTICLE 7 – MEMBER CONDUCT AND OBLIGATIONS

7.1 CONDUCT

The member agrees to maintain appropriate behavior, attitude, appearance, and attire at all times.

This commitment applies to everyone: other members as well as the professionals working within the Club.

The Club reserves the right to impose any measures necessary to ensure the tranquility, serenity, and safety of its members, as well as the expected hygiene conditions. In the case of inappropriate, serious, or behavior contrary to the Club’s core values, the Club has the option to unilaterally terminate the Contract and end the membership immediately, without any right to compensation for the affected member.

7.2 OBLIGATIONS

In the course of their activities within the Club's premises, the member agrees to adhere to the following obligations:

  • Utiliser les installations et le matériel du Club avec soin comme une personne raisonnable ;
  • Wear appropriate attire for the Club at all times.
  • Carry a clean towel provided by the studio to protect the facilities.

The member understands that the respectful and reasonable use of the facilities and equipment provided by the Club are essential conditions of the Contract.

In the event of damage to the Club’s property, the Club reserves the right to temporarily or permanently suspend the membership of the affected member. In the case of intentional damage, the member’s subscription will be permanently suspended without delay or compensation, and the Club reserves the right to take all legal actions that may hold the member civilly and/or criminally liable for their actions.

The member agrees to be organized in managing their reserved sessions. They have the right to cancel a session without charge, provided this right is exercised at least 12 (twelve) hours before the start of the session. In the case of a late cancellation or failure to attend the reserved session, the session will be charged.

The member also agrees to be punctual for reserved sessions to ensure the experience of other members is preserved. In the case of a delay of more than five (5) minutes, the member may be denied entry to avoid disrupting the session. The member will not be refunded.

The membership card is strictly personal, non-transferable, and nominative. In the event of a card being shared by a member with another member or a third party, the offending member's card will be immediately suspended and their subscription terminated without delay, and without any compensation being claimable from the Club.

ARTICLE 8 – MEDICAL CERTIFICATE AND ATTESTATION

The member is required to provide a medical certificate of fitness for participating in the physical and sports activities offered by the Club at the time of registration.

If not provided, the member declares on their honor that their health status and physical condition are compatible with the activities offered by the Club, including Hot Pilates.

The member declares that they do not suffer from any illness, including cardiac or respiratory conditions, injury, or physical impairment that would prevent them from participating in the activities offered by the Club.

The Club declares that personal information provided by members, including their health status, is strictly confidential. This information will never be shared with third parties by the Club, except with the express consent of the member concerned or as required by law.

The member releases the Club from any claims and actions seeking to hold it liable for damages occurring during the participation in the activities offered by the Club and due to the member's health condition.

In any case, the member acknowledges being informed that the risk of accidents and injuries is inherent to sports activities. The member waives their legal right to claim any damages or compensation in the event of any type of harm or injury.

ARTICLE 9 – INTERNAL REGULATIONS

The member is required to accept the internal regulations displayed at the Club and provided upon signing this Contract.

As a result, the member declares that they have read the internal regulations and agrees to abide by them.

The Club reserves the right to modify the internal regulations in the interest of its members, with the obligation to inform the members of such changes.

Smoking, consuming drugs or alcohol, and using, consuming, or storing flammable products within the Club's premises are prohibited.

ARTICLE 10 – LOCKER ROOM AND STORAGE

Le membre a la possibilité d’utiliser des casiers individuels afin d’y ranger ses affaires sans aucune obligation.

L’utilisation des casiers individuels est limitée à la durée de la séance. La mise à disposition d’un casier par le Club est considérée comme un prêt gracieux le temps de la séance.

The member is informed that the Club is exempt from any responsibility regarding the safekeeping of items placed in an individual locker. Individual lockers are not subject to specific surveillance by the Club. Members are encouraged to avoid storing important personal items and valuables in the lockers.

ARTICLE 11 – ADVICE AND RECOMMENDATIONS

The main activity offered by the Club is Hot Pilates.

The member is aware of the conditions for practicing this activity (heated room, etc.) and agrees to follow the recommendations provided by the Club:

  • Déshydratation : le Club déconseille la pratique du Hot Pilates en cas de déshydratation ;
  • Grossesse : le Club déconseille aux femmes enceintes la pratique du Hot Pilates ;
  • Problèmes cardiaques : le Club ne recommande pas la pratique du Hot Pilates aux membres souffrant de problèmes cardiaques et invitent ces membres à consulter un professionnel de la santé avant de participer à une activité sportive au sein du Club ;
  • Health Issues: The Club recommends that members consult a healthcare professional before participating in Hot Pilates classes or any other physical activities.

These recommendations aim to ensure the safety and well-being of the members, which is the Club's top priority.

Members are informed of their ability to inquire with the Club about the suitability and their fitness to participate in Hot Pilates classes. The Club is committed to providing the best advice, making members' health a primary concern.

ARTICLE 12 – CIVIL LIABILITY

The Club agrees to have insurance coverage for damages that may involve its civil liability, as well as that of its staff and its members.

This insurance aims to cover the Club against any financial consequences arising from bodily injury and property damage caused to others as a result of the Club’s operations.

The member agrees to obtain a personal liability insurance policy.

This insurance is intended to cover the member for any damages they might cause to third parties as a result of their actions during the Club's activities. The Club encourages the member to consult with their chosen insurance provider.

In the absence of professional liability insurance, the Club cannot be held responsible for any accidents caused by the member to themselves or to others.

ARTICLE 13 – TERMINATION OF THE CONTRACT AND CANCELLATION

13.1 AT THE MEMBER'S INITIATIVE

Members must cancel their reservation at least 12 hours in advance. If the cancellation is not made within this timeframe, the class will be charged.

Members with an annual subscription must provide a fifteen (15) day notice period to cancel their subscription without additional charges. Members who have purchased a package must also provide a fifteen (15) day notice period to cancel the package without additional charges.

In cases of force majeure, such as illness or an emergency situation, the member may request an exceptional cancellation of their subscription/packages without fees.

This cancellation must be made by registered mail with acknowledgment of receipt to the Club's postal address: 42, avenue Raymond Poincaré – 75016 Paris.

The letter through which a member terminates the Contract must include the following information: name, first name, address, date of birth, and date of registration with the Club.

If these terms are met, the Club agrees to reimburse the member within fourteen (14) days from the notification of the withdrawal.

The refund will be processed using the payment method used by the member at the time of the order.

13.2 AT THE CLUB'S INITIATIVE

In addition to cases of termination related to the member’s behavior (such as damage or fraudulent use of the access card), the subscription is automatically terminated by the Club without notice or compensation in the following cases:

  • In the case of fraud in the creation of a subscription file;
  • In the case of persistent and unresolved payment defaults;
  • In the case of serious circumstances deemed by the Club to be significant.

ARTICLE 14 – TERMINATION CLAUSE

In the event of the member's failure to fulfill their obligation to pay the amounts due under this Contract, the subscription will be automatically terminated if the member has not rectified their situation within 8 (eight) days from the first formal notice sent by the Club.

ARTICLE 15 – FORCE MAJEURE

The member is informed that their membership contract provides access to the use of the Club's facilities and services.
In the event of force majeure, such as illness or an emergency situation, the member may request the termination of their subscription or package by registered mail with acknowledgment of receipt sent to the Club at the following address: 42, avenue Raymond Poincaré – 75016 Paris.

The termination becomes effective thirty (30) days after the receipt of the termination request, provided that the member returns the access card and any supporting documents requested by the Club.

Force majeure cases refer to the following situations:

  • Severe illness preventing the permanent practice of sports;
  • Serious accident preventing the member from permanently benefiting from the services provided by the Club;
  • Death;
  • Professional relocation due to the employer;
  • Job loss;
  • Pregnancy with a medical advisory against practicing sports.

Any force majeure reason invoked by the member must be supported by detailed and specific documentation.

ARTICLE 16 – PROTECTION OF PERSONAL DATA

The processing of the member's personal data is carried out in accordance with the Data Protection Act of January 6, 1978, and the regulations related to the General Data Protection Regulation (hereinafter "GDPR").

Personal information and data are retained for the duration of the processing, for security purposes, and to comply with legal and regulatory obligations.

The collection of personal data is limited to what is strictly necessary. The collected data is stored exclusively on the Club's servers.

The data controller is the company BURNING BAR. Access to personal data will be strictly limited to employees of the data controller who are authorized to process the data due to their job functions.

If personal data is to be transferred outside of the European Union, the member will be informed and the measures taken to secure the data (such as implementing standard protection clauses validated by the CNIL, adopting a code of conduct, obtaining CNIL certification, etc.) will be specified to them.

In accordance with applicable regulations, the member has the right to access, rectify, erase, and port their data, as well as the right to object to processing for legitimate reasons. These rights can be exercised by contacting the data controller at the following postal address: 42, avenue Raymond Poincaré – 75016 Paris.
In case of a complaint, the member also has the option to contact the National Commission on Informatics and Liberty (CNIL).

ARTICLE 17 – MONITORING

The member acknowledges being informed that the Club is under video surveillance 24/7.

These data are subject to personal data protection laws and are archived for thirty (30) days. They are then automatically deleted by the information management system in accordance with the Data Protection Act of January 6, 1978.

ARTICLE 18 – APPLICABLE LAW – COMPETENT JURISDICTIONS – DISPUTES

In the event of a dispute between a member and the Club, both parties agree to make every effort to reach an amicable settlement.

The member always has the option to use a mediation service, which will connect them with a consumer mediator.

Failing an amicable agreement, the competent jurisdiction for resolving any dispute related to the interpretation, execution, or termination of the Contract will be the one in the location where the Club has its registered office.

The Contract is governed by French law.