PUBLIC OFFER AGREEMENT
on the provision of climbing services at Climb Lab gym
LLC "Flash Sport" represented by General Director Mikhailov Anton Alekseevich, acting on the basis of the Charter, hereinafter referred to as the "Contractor", and any individual, hereinafter referred to as the "Customer", enter into this agreement by acceding to it.
In accordance with Article 437 of the Civil Code of the Russian Federation, this document is a public offer, and if the conditions set out below are accepted, the individual accepting this offer shall pay for the Contractor's services in accordance with the terms of this Agreement. In accordance with paragraph 3 of Article 438 of the Civil Code of the Russian Federation, payment for the Goods by the Buyer is an acceptance of the offer, which is considered tantamount to concluding an Agreement on the terms set out in the offer.
Based on the above, carefully read the text of the public offer, and if you do not agree with any point of the offer, you are asked to refuse to use the Services provided by the Contractor.
This Agreement is published on the official website of the Climb Lab Climbing Wall, placed on the information stand of the Climb Lab Climbing Wall and can be issued on paper upon the written request of the Customer.
SUBJECT OF THE CONTRACT
1.1. The Contractor provides climbing services at the Climb Lab climbing gym, located at the address: Moscow, Ogorodny drive, 10, building 6, in accordance with the current Price list published on the website of the Contractor Climb Lab (hereinafter referred to as the Services), and the Buyer produces payment for the Services provided in accordance with the terms of this Agreement.
1.2. Services are provided in accordance with the Terms of Service, safety instructions for being on the territory of the Climb Lab climbing wall posted on the Climb Lab climbing wall, as well as at the Climb Lab information stand.
1.3. Services are provided at the request of the Customer.
1.4. During the term of this Agreement, the Contractor has the right to change the Terms of Service, Safety Instructions, Price List, the terms of this Agreement, as well as the list of Services provided without prior agreement with the Customer, while ensuring the publication of the changed conditions on the Contractor's website and on the information the Climb Lab stand.
1.5. By concluding this Agreement, the Customer confirms that he has no medical contradictions for physical culture and sports, including rock climbing, and fully accepts responsibility for his health and life.
1.6. In the event that the Services are used by a minor child, this Agreement is concluded by his legal representative. At the same time, the legal representative of a minor child confirms that his minor child has no medical contradictions for physical culture and sports, including rock climbing, and fully assumes responsibility for the health and life of a minor child.
1.7. For the period from the moment of the conclusion of the Agreement and until the termination of the obligations of the Parties under the Agreement, as well as until the expiration of the storage periods for personal data established by law, the Customer expresses his consent to the processing of personal data by the Climbing gym, as well as consent to the transfer (distribution, provision, access) and the order Climbing gymto third parties for processing personal data transferred by the Customer to the Climbing gym during the execution of the Agreement, including in relation to his minor child. The consent provided for in this paragraph applies to cases where the need to obtain it is provided for by the current regulatory legal acts.
1.8. Personal data means: last name, first name, patronymic of the subject of personal data, date of birth, number of the main document proving his identity, information on the issuance of this document and the issuing authority, phone number, e-mail address, health information, photograph.
1.9. The processing of personal data is carried out in order to fulfill the Agreement, including for the purposes of service and reference and information services of the Customer, incl. inclusion in the data for information and reference services, the provision of services inextricably linked to the Services, collection of debts for the Services, storage of Agreements and contractual documentation, for other purposes inextricably linked with the execution of the Agreement, as well as for the Contractor to comply with the requirements of current legislation.
2. RIGHTS AND OBLIGATIONS OF THE CONTRACTOR
2.1. The Contractor undertakes to provide the Customer with the Services provided for by the Terms of Service, information about the services, prices (price list), the list of services provided on the Climb Lab official website with proper quality, taking into account the age of the Customer and / or his minor child and taking into account Customer's order.
2.2. Provide the Customer with reliable information about the types of services provided, the methods of their provision, the terms of payment for the service, and other information required in the framework of the fulfillment of the terms of this Agreement.
2.3. Provide the Customer with access to the Climb Lab during the provision of the Service.
2.4. Provide climbing equipment after paying for it in accordance with the information about services, prices for equipment rental, located on the official website of the Climb Lab.
2.5. In accordance with the current legislation, maintain the confidentiality of the personal data of the Customer and the information provided by the Customer, except in cases where the Contractor is obliged to disclose such information and personal data to authorized state bodies in accordance with the requirements of the current legislation.
2.6. The Contractor has the right to limit the time and load of climbing lessons, in the event of a danger of harm to the health of the Customer, notifying the Customer about this and inviting him to undergo further examination at a medical institution for the possibility of further training.
2.7. Change the time of group lessons by notifying the Customer in advance by posting information on the official website of the Climb Lab.
2.8. Unilaterally terminate this Agreement if the Customer fails to fulfill his obligations.
2.9. Provide Services with the involvement of third parties and be responsible for their actions as for their own.
3. RIGHTS AND OBLIGATIONS OF THE CUSTOMER
3.1. The customer is obliged to follow the recommendations of the safety trainers at the Climb Lab Climbing Gym, as well as the recommendations and instructions of the trainers in group and individual lessons, including those concerning his minor child when the last one visits the Contractor.
3.2. The Customer is obliged to comply with the provisions of the Terms of Service posted on the official website and at the information stand of the Climb Lab.
3.3. Independently and responsibly monitor your own health and the health of your minor child (in the event of infectious, skin and other diseases, as well as exacerbation of chronic diseases, refrain from attending classes) and not endanger the health of people around. Immediately inform the coach in case of a deterioration in the well-being of his or her minor child during the provision of the Service.
3.4. The Customer has the right to require the Contractor to provide the Services in accordance with the terms of this Agreement.
3.5. The Customer has the right to receive from the Contractor the necessary and reliable information about the Services and the procedure for their provision.
3.6. Leave your comments, suggestions and gratitude in the Climb Lab's feedback and suggestions book, located at the administrator.
4. COST OF SERVICES AND PAYMENT PROCEDURE UNDER AGREEMENT
4.1. The cost of the Services is determined in accordance with the information about the services, prices (Price List) of the Contractor, posted on the official website of the Contractor and on the information stand / at the reception desk of the Climb Lab.
4.2. During the term of this Agreement, the Contractor has the right to unilaterally change the cost of the Services by posting new information about services, prices (Price List) on the website no later than one day before its entry into force.
4.3. Funds are accepted in three ways: in cash, by bank transfer, online through the Internet on the Climb Lab website climb-lab.ru.
4.4. Paying for the Services provided for the first time means the Customer's consent to the conclusion of this Agreement. The contract comes into force. With the subsequent provision of services, the conclusion of this Agreement again is not required.
5. LIABILITY OF THE PARTIES
5.1. The Contractor is not responsible for harm caused to the life and health of the Customer and his minor child in the event of improper fulfillment of obligations under this Agreement, violation of the coach's requirements.
5.2. The customer assumes full responsibility for the state of his health and the health of his minor child. The Contractor shall not be liable for harm associated with any deterioration in the Customer's health and injuries resulting from or received during the provision of the Services, including in connection with the use of equipment belonging to the Contractor, except for those cases when the harm was caused directly by the illegal actions of the Contractor.
5.3. The customer is responsible for damage to the equipment and property of the Contractor, including in the event of damage to the equipment and property of the Contractor by his minor child.
5.4. In the event of improper performance of the Agreement by one of the parties, which entailed unfavorable consequences for the other party, liability arises in accordance with the current legislation of the Russian Federation.
6. FORCE MAJEURE
6.1. The parties are exempt from liability for partial or complete non-fulfillment of obligations under this agreement if this failure was a consequence of force majeure circumstances that arose after the conclusion of this agreement as a result of emergency circumstances, such as: flood, fire, earthquake and other natural phenomena, as well as war , military actions, blockade, prohibitive actions of the authorities and acts of state bodies, destruction of communications and energy supply, explosions that occurred during the validity of this agreement that the parties could not foresee or prevent.
6.2. All disputes or disagreements arising between the parties under this Agreement or in connection with it are resolved through negotiations, as well as in court.
7. DURATION AND TERMINATION OF THE AGREEMENT
7.1. This Agreement enters into force from the moment the Customer pays for the Services selected by him and is valid for an indefinite period.
7.2. This Agreement may be terminated on the grounds provided for by the current legislation of the Russian Federation and this Agreement.