TERMS OF SERVICE

MB “AKROBATIKOS NAMAI”

Legal entity code: 304989956

​

APPROVED
by the resolution of the members’ meeting of MB “Akrobatikos namai”

dated 07 December 2024, No. 2024-02

 

GENERAL TERMS AND CONDITIONS OF THE SERVICE AGREEMENT

​

1. GENERAL PROVISIONS

​

1.1. These General Terms and Conditions of the Service Agreement of MB “Akrobatikos namai”, legal entity code 304989956, registered office address Jurgio Matulaičio Sq. 11-69, LT-05111 Vilnius (hereinafter referred to as the “Home”), regulate the procedures for ordering, reserving and providing sports, dance and acrobatics services, premises rental services, the applicable terms and requirements, client liability and payment terms, rules of conduct, hygiene and safety requirements, personal data processing rules, dispute resolution procedure, the procedure for amending and applying these terms, and other relations related to the ordering, provision and use of services. These Terms apply to all types of services provided by the Home, including paid and free services, and cover the procedure for ordering, payment, use and termination of services, as well as the rights and obligations of the parties.

 

1.2. From the moment the Membership is confirmed, as specified in clause 3.3 of these Terms, contractual legal relations arise between the Member and the Home. These relations are governed by the Membership Terms, the provisions of these Terms, including annexes, information provided on the Home’s website, including Membership policies and prices, prices of other services, and any other terms individually agreed in writing between the Parties, if any (hereinafter collectively referred to as the “Agreement”).

 

1.3. Before purchasing a Membership, the Member must familiarise themselves with these Terms, the Membership prices and the Privacy Policy.

 

1.4. In the event of any contradictions or inconsistencies between the sources specified in clause 1.2 of these Terms, the following order of priority shall apply when interpreting and applying the:

      1.4.1. Individually agreed terms between the Parties, if any;

      1.4.2. Membership Policy;

      1.4.3. Membership prices;

      1.4.4. These Terms;

      1.4.5. Information provided on the Home’s Website.

 

1.5. The Home has the right to unilaterally amend these Terms and other applicable rules by publishing a new version of the Terms on its Website, in the Membership ordering environment and through other usual communication channels. Members shall be informed of any material changes to the Terms no later than 5 (five) business days before such changes come into force. If the Member does not agree with the amendments to the Terms, they have the right to terminate the Agreement by notifying the Home in writing within 5 (five) business days from the receipt of the notice of amendments to the Terms.

 

1.6. Amendments and supplements to the Terms are approved by the meeting of the members of the Small Partnership.

 

1.7. The current amended version of the Terms is published on the Home’s Website and in the Membership ordering environment and comes into force from the date of its publication, unless stated otherwise.

 

1.8. Each time a Membership is purchased, Members confirm that they have familiarised themselves with and agree to the Terms in force and undertake to comply with them.

 

1.9. The requirements of the Terms are equally binding on all Members, including Minor Visitors, and on the Home.

 

1.10. Members who violate or fail to comply with the requirements of the Terms may be subject to liability measures, including termination of the Agreement.

​

2. DEFINITIONS

 

2.1. Home means the service provider, also operating under the trademark “Flame”, MB “Akrobatikos namai”.

 

2.2. Member means a person who has acquired a Membership and/or other additional paid Services in accordance with the established procedure.

 

2.3. Membership means the Service provision option selected by the Member in relation to the term of Service provision, Service price and other terms. Membership options and their prices are published on the Home’s website: https://www.poleflame.lt/narysciu-isigijimas.

 

2.4. Services means group and/or individual sports, dance and acrobatics training services and premises rental services provided by the Home, which, among other things, grant the Member the right, under the procedure and terms established in the Agreement, to use: i) the Home’s halls, functional training and free weights area; ii) the equipment, poles, aerial silks, sports inventory and other items located therein; iii) other infrastructure provided by the Home, such as changing rooms, toilets, showers and similar facilities.

 

2.5. Minor Visitor means a minor person up to and including 17 years of age, for whose benefit the Member enters into the Agreement and who has the right to use the relevant Services. For the avoidance of doubt, where the Agreement is concluded for the benefit of a Minor Visitor: i) only the Minor Visitor has the right to use the relevant Services, while the Accompanying Person or legal representative themselves does not have the right to use the Services; ii) the Accompanying Person ensures that the Minor Visitor complies with the requirements of the Rules; iii) depending on the context of the Agreement, a reference to the Member/Accompanying Person shall be understood as a reference to the Minor Visitor.

 

2.6. Accompanying Adult Person, hereinafter the “Accompanying Person”, means a person aged 18 or over who is responsible for the Minor Visitor during their stay at the Home.

 

2.7. Rules means the Service provision, use and conduct rules applicable to the Parties, attached to these Terms.

 

2.8. Website means the official website of the Home, www.poleflame.lt, where the Membership policies, prices, Service provision rules, current schedules and other information related to the Services are published.

 

2.9. Service Reservation System means the electronic platform through which the Member may reserve Services, manage their training schedule, cancel or change reservations in accordance with the rules established in these Terms. This system is accessible through the electronic channel indicated by the Home on the Spaces by Wix platform.

 

2.10. Member Account means an individual account created by the Member on the Website and/or in the Service Reservation System. The Member Account enables the Member to order, reserve and manage Services, view the history of Service orders, update personal data and perform other actions related to the Services in accordance with these Terms.

 

3. ORDERING. RIGHT TO USE THE SERVICES

 

3.1. Ordering Services and purchasing Membership

      3.1.1. The Member acquires the right to use the Services after purchasing a Membership or after reaching a direct agreement with the Home regarding specific Services, such as premises rental or individual training sessions. Membership and other Services may be ordered on the Website, in the Service Reservation System or by direct agreement with the Home. Services are activated after the order is confirmed and payment is made.

     3.1.2. When ordering Services on the Website or in the Service Reservation System, the Member must complete the registration form by providing correct, accurate and complete data, select the Service provision term, carefully and responsibly read the Terms, familiarise themselves with the Privacy Policy, Service prices and other information provided, express their consent to the Terms and make payment.

     3.1.3. In exceptional cases, where there is no technical possibility to place an order through the Website or the Service Reservation System, the Member may place an order with the Home at the place where the Services are provided, orally or by telephone, after which the Member must confirm the Agreement in writing or electronically through the Service Reservation System during the first visit.

    3.1.4. The Home has the right not to confirm the order or not to allow the Member to use the Services or part thereof if: i) the Member provides the Home with inaccurate, incomplete, false or incorrect data; ii) the Member does not comply with these Terms or the Rules.

    3.1.5. By submitting an order for Services to the Home, the Member confirms that: i) they have the right to pay for the Services by payment card; ii) they have familiarised themselves with the Service prices, price list and other Service provision terms applicable to the ordering and use of the Services; iii) they agree that their personal data will be collected and processed in accordance with the Privacy Policy.

 

3.2. Creation and management of the Member Account

     3.2.1. In order to order Services on the Website or in the Service Reservation System, the Member must create a Member Account.

     3.2.2. When creating an Account and providing the Home with their data necessary for the Member to acquire the right to order and use the Services, the Member must provide correct, accurate, true and complete information about themselves, including their real name and surname, mobile phone number and email address. It is prohibited to create an Account and register using another person’s, false, forged or unlawfully collected data, as well as to transfer, sell or rent out one’s Account or otherwise grant other persons the right to use one’s Account. The Member assumes all related risks and liability, including where, despite the above prohibition, such actions cause damage to the Home or any other persons.

    3.2.3. If the Member provides any incorrect, inaccurate, inappropriate or incomplete information, or information belonging to another natural or legal person, or if the Home has reasonable grounds to believe that the information provided by the Member is incorrect, inaccurate, inappropriate, incomplete or belongs to another natural or legal person, the Home has the right to restrict and/or prohibit access to the Member Account and refuse to provide the Services for all or a specific period of time.

    3.2.4. The Member must carefully, diligently and responsibly protect their Account login details, the data used to create the Account, and their smart device, and has no right to transfer or otherwise disclose them to any other person or enable any other person to access or use them when creating an account or using the Services. The Member is responsible for the security, secrecy and confidentiality of their login details and Account.

    3.2.5. The Member ensures that when using computer, software or other equipment for Service registration, Account creation and/or login, rational and reasonable security measures, including antivirus software and firewalls, are observed, and is accordingly responsible for all consequences arising from insufficient security of the Member’s computer, smartphone, tablet or other device.

    3.2.6. The Member is responsible for submitting to the Home a payment card issued not in the Member’s name and accordingly assumes full liability for such actions towards the holder of such payment card and the bank, payment institution or other payment service provider that issued the payment card.

    3.2.7. Deletion and cancellation of the Member Account. The Member Account may be deleted on the basis of the Member’s written request within 30 (thirty) calendar days, and also at the initiative of the Home if the Member performs or has performed actions prohibited by these Terms.

 

3.3. Moment of conclusion of the Agreement

The Agreement with the Member is deemed concluded from the moment when:

    3.3.1. The Member confirms these Terms;

    3.3.2. The Home receives payment for the Services;

    3.3.3. The Membership or other ordered Service is activated in the Home’s system; and

    3.3.4. The Home provides the Member with final order confirmation/activation notice(s) and Agreement documents, such as the invoice, these Terms and others, in a durable medium to the email address provided. The Member has the right to contact the Home and request that the Agreement documents be provided to them in paper form.

 

3.4. Alternative order forms

    3.4.1. If the Member is unable to submit an order through the Website or the Service Reservation System, the Home allows the order to be submitted orally or by telephone. In such a case, the Member must confirm their consent to the Terms during the first visit by signing the Agreement in writing or electronically.

    3.4.2. If payment was not made at the time of ordering, the Member must pay for the Services before they are provided, as established in these Terms or by agreement of the Parties.

 

3.5. Activation of Services

    3.5.1. After ordering and paying for the Services, the Member receives confirmation of the successful completion of the order and activation of the Services. Membership activation is confirmed by notices sent to the email address provided by the Member together with the Agreement documents, such as the invoice, these Terms and others.

    3.5.2. Other one-off Services, such as individual training sessions or premises rental, are activated according to the agreement between the Home and the Member. Confirmation of activation of such Services may also be sent by email or by another contact method preferred by the Member.

    3.5.3. Service activation terms: i) Membership is activated immediately after payment, unless the Member has chosen a later activation date; ii) activation terms for other Services are determined individually, based on the agreement between the Member and the Home or the terms provided on the Website / in the Service Reservation System. The Home reserves the right to extend the Membership activation time in special, unforeseen cases, as well as due to unexpected reasons and/or force majeure circumstances. In such a case, the Home shall immediately notify the Member of any delays and planned completion dates of restoration works.

    3.5.4. The Member must ensure that all contact details provided by them are correct and up to date so that they can properly receive notices about Service activation.

    3.5.5. From the date of Membership activation, regardless of whether the Member has started using the Services or not, the Membership validity period begins to run.

    3.5.6. The procedure for activating the Membership is of essential importance both to the Member and to the Home. If the Member themselves improperly fulfils the obligation to inform the Home or improperly fails to select a later Membership activation date, the Home shall not be liable for any negative consequences suffered by the Member as a result, shall not compensate any losses, shall not refund any money paid by the Member, and shall not accept claims or requests to change the Membership activation date retroactively on this basis.

​

4. USE OF SERVICES AND SERVICE RESERVATION

 

4.1. Membership is personal, and its transfer to another person without the prior permission of the Home is prohibited. Such transfer may result in termination of the Agreement at the initiative of the Home.

 

4.2. The Member must use the Services and make Service reservations only in accordance with the rules established in these Terms. The Member has the opportunity to independently manage reservations through the Service Reservation System, select the times of individual and group training sessions and change or cancel them.

 

4.3. The Home applies a multi-level system of Memberships and group training difficulty levels carried out on their basis. Members must follow the levels recommended by the Home and gradually increase the physical load. A newly joined Member without Pole Dance sports experience must start attending classes at the Home from the Intro programme by participating in at least six (6) Pole Intro or Exotic Intro training sessions during the first two (2) months of the introductory programme. The Intro programme is considered a basic programme intended not only to prepare the Member for more complex and higher-level training sessions, but also to provide essential safety knowledge and skills. In order to ensure the safety of Members and a high quality of Service provision, the Home reserves the right not to allow a Member to attend higher-level training sessions if the required number of classes has not been attended during the Intro programme.

 

4.4. All Memberships are visit-based, consisting of 1, 4, 6, 9, 12 or 16 visits, and are valid for 30 days from the selected activation date. The exception is the long-term FAN Membership of 36 visits, which is valid for 3 months. Example: if the Member purchases a nine-visit Membership and chooses the start date of 4 October, the Membership will be valid until 3 November. The Member is granted the right to use the selected number of training visits during the validity period of the Membership, in this case nine visits.

 

4.5. The Intro Membership is a six-class course lasting 3 or 6 weeks, depending on the attendance frequency selected by the Member: once or twice per week.

 

4.6. As a general rule, Memberships are not suspended or extended. However, if due to unforeseen circumstances the Member is unable to use half or more of the planned visits, the Member may contact the Home and, by agreement between the Parties, the existing Membership may be converted into another type of Membership, taking into account the actual number of visits used. In such a case, an overpayment or a difference between the prices of the Membership types is recorded, which may be credited towards the price of a future Membership or otherwise compensated according to the agreement of the Parties.

​

Examples:

The Member has purchased a four-visit Membership, but due to a longer illness managed to use only two (2) visits out of four (4) during the validity period of the Membership. In such a case, the Member contacts the Home and, by agreement between the Parties, the two (2) used visits are converted into single visits to the Home, and an overpayment is recorded for the Member. The amount of the overpayment is calculated by deducting the price of two single visits from the price of the purchased Membership. If an overpayment is recorded, the Member pays the price of the next future Membership by bank transfer, because the system on the Website / in the Service Reservation System does not allow setting a lower Service price and crediting the overpayment, and the Home activates the Membership selected by the Member after receiving payment.

The Member has purchased a nine-visit Membership, but due to an unforeseen business trip managed to use only four (4) visits out of nine (9) during the validity period. In such a case, the Member contacts the Home and, by agreement between the Parties, the four (4) used visits are converted into a four-visit Membership, and an overpayment equal to the price difference between the purchased nine-visit Membership and the four-visit Membership is recorded for the Member. If an overpayment is recorded, the Member pays the price of the next future Membership by bank transfer, because the system on the Website / in the Service Reservation System does not allow setting a lower Service price and crediting the overpayment, and the Home activates the Membership selected by the Member after receiving payment.

 

4.7. The Member has the right, by agreement with the Home, to transfer the Membership or part thereof to another person. In such a case, the Member submits a written request to the Home in free form, indicating the name and surname of the specific person to whom the Membership or part thereof is transferred and that person’s consent to take over the Membership. The person to whom the Membership or part thereof is transferred must enter into an Agreement with the Home. In addition, the Member must pay a one-off Membership transfer fee, the amount of which is determined by the Home in each individual case.

 

4.8. The Member has the right to change the type of purchased Membership. In such a case, the Member must submit a free-form request to the Home regarding the change of Membership. If a cheaper Membership is changed to a more expensive one, the Member must pay the price difference according to the Home’s prices in force on the day of the Membership change. Changing a more expensive Membership to a cheaper one is not permitted, except in the cases provided for in clause 4.6, where the Membership is converted into a smaller one.

 

4.9. Reservation of a place in group training sessions

    4.9.1. A Member wishing to participate in group training sessions must reserve a place in the selected training session in advance through the Service Reservation System. Since the number of places in the Home’s group training sessions is limited, if a place is not reserved, the Home does not guarantee that there will be available places in the training session or that the Member will be able to participate. An exception applies to the Intro Membership — with this Membership, a place in the corresponding Intro-level course class is always guaranteed. Nevertheless, reservation is necessary in order to get used to the reservation system that will apply after the Intro Membership expires.

    4.9.2. The Member independently manages their Membership(s) through the Service Reservation System, selects training times and makes reservations by specifying a specific date and time. In this way, the Member can secure a guaranteed place in the selected training session.

    4.9.3. Service reservation is open to Members at all times, therefore the Member may reserve in advance all visits granted by their Membership throughout the entire validity period of the Membership and manage them at their discretion, for example, reschedule or cancel them. A Member with a Membership valid for longer than one (1) month, such as the FAN Membership, has the right to register for training sessions not only for the coming days or weeks, but also for a later period according to the possibilities granted by the Membership. In addition, if there are available places in a specific training session, registration may be made even one (1) minute before the training session begins.

    4.9.4. The Home provides Members with the possibility to use a waiting list function if there are no available places in the desired training session. When a place becomes available in the desired training session, the Service Reservation System automatically sends an informational notice to the Member on the waiting list. Upon receiving the notice, the Member has five (5) minutes to reserve the available place. If the Member does not use the reservation opportunity within the specified time, it automatically passes to the next Member on the waiting list. The waiting list may contain no more than eight (8) Members. After one cycle of 40 minutes has passed and the available place has not been reserved, it becomes visible to all Members, both those on the waiting list and those not on it.

    4.9.5. The Member has the right to cancel a reserved training session through the Service Reservation System no later than 8 (eight) hours before its start. If less than 8 (eight) hours remain before the start of the training session, cancellation is no longer possible, and in the event of the Member’s non-attendance at the reserved training session, the reserved visit is deemed used and deducted from the Membership. The Home shall not be liable for violations of the reservation or cancellation procedure, nor for the Member’s lack of attention or distraction that results in negative consequences. In such cases, the Home shall not compensate the Member’s losses, shall not refund any money paid and shall not accept claims or requests to restore deducted training visits.

    4.9.6. The minimum number of Members in a group training session is 4 (four) persons. If the specified minimum number of Members has not registered for a particular group training session 4 (four) hours before its start, the Home has the right to cancel the training session. Registered Members are informed of the cancellation by an automatic notice in the Service Reservation System and, at the discretion of the Home, by Facebook Messenger message or SMS. The Member agrees to this procedure and does not object that, on this basis, no money paid, or part thereof, will be refunded and the Membership validity period will not be extended due to the cancelled training session.

     4.9.7. The Home also has the right to cancel a training session/Service due to other unforeseen or unexpected reasons, as well as due to the coach’s illness, force majeure, decisions of public authorities or similar circumstances. Members registered for the training session/Service are informed of the cancellation at least 4 (four) hours before the start of the training session or provision of the Services. In such cases, the Home communicates with the Member individually regarding the compensation procedure.

    4.9.8. The Member must arrive on time for the reserved training session. If the Member does not arrive at the reserved time, the money paid for the Service is not refunded and the training session is considered used. The Home has the right to refuse to provide Services if there are objective circumstances preventing participation in the training session, such as poor health condition, fever or illness, if the Member is under the influence of alcohol or psychoactive substances, violates public order, behaves aggressively, violates the Rules or is more than 20 (twenty) minutes late. In such cases, the Home reserves the right not to refund the price of the Service paid or any part thereof.

​

5. OBLIGATIONS AND RIGHTS OF THE PARTIES

 

5.1. The Home undertakes to:

   5.1.1. Provide the Member with the Services in accordance with the procedure and terms established in the Agreement, using reasonable efforts for this purpose, and perform its obligations in such a way that the Client’s personal physical development needs and expectations are met.

   5.1.2. Process the Member’s personal data in accordance with the procedure established by law and ensure their protection.

   5.1.3. Take care of the cleanliness, hygiene and disinfection, where necessary, of the premises where the Services are provided.

   5.1.4. Provide the Client with the necessary inventory, equipment and cleaning products, such as cloths, cleaning fluids and similar items.

   5.1.5. Ensure proper communication by the Home with the Member when the latter contacts the Home in writing, by email or through other social media channels.

   5.1.6. Properly inform about news, schedule changes and other relevant information on the Home’s Facebook account and/or in the closed Facebook Members’ group.

 

5.2. The Home has the right to:

   5.2.1. At its discretion, adjust the times of individual and/or group training sessions and classes, taking into account seasonality and class attendance statistics.

   5.2.2. Process the Member’s personal data in accordance with the applicable legislation governing personal data processing.

   5.2.3. Suspend and/or restrict the provision of Services due to accidents, disruptions in the Home’s premises, the building or the engineering systems installed therein, prohibitions imposed by state and/or municipal authorities or other factors beyond the control of the Home. The Home shall notify the Member of the suspension and/or restriction of the provision of Services in accordance with the procedure established in this Agreement.

   

5.3. The Member undertakes to:

   5.3.1. Use the Home’s infrastructure, sports and other inventory honestly, responsibly and carefully, and not cause damage to the Home, third parties or their property. In fulfilling the duty of care and ensuring their own safety and health, the Member must remove rings and large earrings before the start of the training session. In all cases, the Home shall not be liable for injury to the Member or other damage if the Member fails to perform or improperly performs the obligation set out in this clause.

   5.3.2. Responsibly assess their health condition and, if they feel unwell during the training session, inform the Home’s staff/coach about the ailment, stop the training session and/or, if necessary, use the first aid equipment available at the Home, such as the first aid kit, and contact a medical institution. During the first training session, the Member must familiarise themselves with the first aid measures available at the Home and the contents of the first aid kit.

   5.3.3. Properly comply with the Terms and carry out reasonable and lawful requests of the Home and its representatives. Fully pay for the Services in accordance with the procedure established in the Agreement.

   5.3.4. Provide the Home with correct information reasonably required for the provision of the Services.

   5.3.5. Always carefully listen to the explanations and/or advice of the Home’s staff/coach on how to correctly perform a movement, spin, trick and combinations thereof.

   5.3.6. Use common sense when assessing their abilities and not attempt to perform recently or newly learned complex tricks without the separate permission and/or support of the Home’s coach; complex, potentially unsafe combinations of tricks that may pose a risk of injury to oneself or others must be performed only under the supervision and assistance of the coach.

   5.3.7. Not perform complex combinations or tricks at their own discretion, without the coach’s supervision and permission, if the Member does not fully understand or know the technique of performance.

   5.3.8. Use protective mats when learning combinations and tricks. Mats may be moved only with the permission of the Home’s staff/coach.

   5.3.9. Not use pole tightening/loosening keys without the permission of the Home’s staff/coach.

 

5.4. The Member has the right to:

   5.4.1. Receive detailed information related to the provision of the Services.

   5.4.2. Pay for the selected Membership/Service by payment card, cash, bank transfer or another payment method acceptable to the Home.

   5.4.3. Know and be informed about the processing of their personal data. Upon conclusion of this Agreement by the Parties, it is deemed that the Member has been properly informed and has given consent to the processing of their personal data. Having concluded the Agreement with the Member, the Home has a legitimate interest in collecting and processing information about the Member in order to perform this Agreement.

 

6. PAYMENT PROCEDURE FOR SERVICES

 

6.1. In all cases, the Member pays in advance for the relevant Service provision period / Membership / Service.

6.2. After the Member has paid for the Membership, the money paid is not refunded, even in cases where the Member, after activating the Membership, does not use the Home’s services, except:

i) in cases where the Member was unable to use the Home’s services due to the fault of the Home;

ii) in cases where the Member withdraws from the Agreement in accordance with the procedure and on the grounds established by law, provided that the purchased Membership has not yet been activated and the Member has not yet started using the Services.

 

7. LIABILITY OF THE PARTIES

 

7.1. A Party that improperly performs the Agreement must compensate all reasonable losses incurred by the other Party.

 

7.2. The Home shall not be liable for health disorders of the Member and/or Minor Visitor and shall not compensate either material or non-material damage arising from the fact that the Member improperly used the Services, chose unsuitable sports or other inventory, exceeded permitted or recommended loads, failed to follow the recommendations/requirements of a healthcare institution/doctors, failed to comply with the requirements/terms/restrictions established in the Agreement, including the Rules, or acted carelessly, irresponsibly, negligently and/or in violation of generally accepted/usual rules/standards of conduct. The Parties expressly confirm that all Services offered by the Home, their scope, frequency/attendance at the Home, intensity/frequency of Services/classes/exercises and similar matters are chosen by the Member themselves and used at their own personal risk and responsibility.

 

7.3. By entering into the Agreement for the benefit of a Minor Visitor, the Member: i) confirms that the Minor Visitor’s health condition allows them to use the Services; ii) confirms that they have fully explained the content of the Agreement and the requirements of the Rules to the Minor Visitor and confirms that the Minor Visitor has familiarised themselves with the Terms and Rules, understood them and will strictly comply with them; iii) taking into account the provisions of clause 7.3, is fully responsible for the proper use of the Services by the Minor Visitor, as well as for any harm to the Minor Visitor’s health or health disorder, except where such disorder occurred due to the fault of the Home; iv) is liable to the Home for any damage caused to the Home by the Minor Visitor.

​

7.4. The Member is aware that there will not always be Home staff supervising and/or servicing the Home, meaning not at all times when the Home is accessible to the Member, and the Member assumes all risks, damage, losses and other possible negative consequences related to independent use of the Services without the supervision of service staff.

​

7.5. The Home shall not be liable for any services provided by third parties at the Home, except where a separate agreement regarding the provision of such services has been concluded between the Member and the Home.

​

7.6. The Member undertakes to compensate damage caused to the Home within 10 (ten) business days from the date of submission of documents substantiating the damage, unless the Parties agree otherwise.

​

7.7. If the Member is a legal entity, it assumes full liability for damage caused by the persons of the legal entity who were granted the right to use the Services.

​

8. VALIDITY AND TERMINATION OF THE AGREEMENT

​

8.1. The Agreement enters into force on the date of its signing and remains valid until the Parties have fully fulfilled their obligations. If the Member has a personal account on the Home’s Website or in the Service Reservation System and is inactive for more than 1 (one) year, meaning does not purchase any Membership within 1 (one) year from the end of the validity of the last acquired Membership, the Home has the right to delete the Member’s account.

 

8.2. The Home has the right to unilaterally terminate the Agreement by giving the Member written or email notice 5 (five) business days in advance if:

    8.2.1. The Member has violated this Agreement or the Rules and, after being warned orally and/or additionally in writing/by email, has failed to remedy the violation within a reasonable term set by the Home.

    8.2.2. The Member damages the property of the Home and/or third parties, or poses a risk to their own or other persons’ health or life.

    8.2.3. The Member performs or intends to perform actions at the Home that have elements of a criminal offence or administrative offence, such as theft, use of narcotic substances and similar acts.

    8.2.4. The Member incited, humiliated, encouraged hatred, discrimination, violence or disrespect towards the Home, its representatives, staff and/or the Pole Dance community brought together by it, or persons belonging to it, on the grounds of age, sex, sexual orientation, disability, race, nationality, language, origin, social status, beliefs or views, as well as towards Pole Dance sport.

 

8.3. Upon termination of the Agreement on the grounds set out in clause 8.2, the money paid by the Member for the valid Membership remains with the Home as a penalty, the amount of which corresponds to the minimum losses of the Home pre-estimated by the Parties due to the termination of this Agreement. The Member must also compensate all other losses incurred by the Home, including loss of income, damage to reputation, compensation of damage to third parties and similar losses, which are not covered by the said penalty and which were incurred in connection with the actions and/or omissions of the Member provided for in clauses 8.2.1–8.2.4.

 

8.4. The Member has the right to unilaterally terminate the Agreement by giving the Home written or email notice 5 (five) business days in advance:

    8.4.1. If the Home, due to its own fault, fails to provide the Services to the Member for more than 28 (twenty-eight) calendar days;

    8.4.2. In other cases established by law.

 

8.5. The Parties agree that if the Agreement is terminated at the initiative of the Member in the absence of fault of the Home, on the grounds set out in clause 8.4, the money paid by the Member for the valid Membership remains with the Home as a penalty, the amount of which corresponds to the minimum losses of the Home pre-estimated by the Parties due to the termination of this Agreement.

 

8.6. In accordance with Article 6.22810(2)(12) of the Civil Code of the Republic of Lithuania, and taking into account that leisure services with a specific date or period of Service provision are provided under the Agreement, the Member does not have the right to withdraw from a distance contract or an off-premises contract within 14 days without giving a reason and without incurring costs other than those specified in Article 6.22811 of the Civil Code of the Republic of Lithuania. This exception applies due to the nature of the Home’s services and the specifics of their provision, because the ordered Services are directly related to a specific time and cannot be rescheduled or changed without affecting other Members and the organisation of the Home’s activities. Before concluding the Agreement, the Member is clearly informed of this exception and confirms their consent by complying with the terms of the Agreement and submitting the order electronically or by another method specified in the Agreement. This information is provided before order confirmation so that the Member can make a reasoned and informed decision regarding conclusion of the Agreement.

​

9. GIFTS, DISCOUNTS AND VOUCHERS

 

9.1. The Member may purchase or receive from another person a gift voucher, discount voucher or other incentive, hereinafter referred to as the “Voucher”. The Home may also, at its discretion, provide a Voucher as compensation for inconvenience or expenses incurred by the Member when using the Services. The Voucher may be used for payment for Services provided by the Home.

 

9.2. The Home offers Vouchers of various denominations and amounts.

 

9.3. The Voucher is not a guarantee or commitment by the Home that the same Services will be provided under the same conditions and at the same prices for an unlimited period of time. The Member may extend the validity of the Voucher for a period determined by the Home by paying an additional fee.

 

9.4. The Voucher grants the right to a discount of the corresponding amount for the Services, reducing the price of the Services.

 

9.5. The validity period of the Voucher and its code is indicated on the Website or on the Voucher itself. If the Voucher is not fully used during its validity period, it is deemed that the Service has been provided, and such Voucher is cancelled.

 

9.6. The unused amount of the Voucher cannot be transferred to another Member or person.

 

9.7. The Voucher cannot be exchanged for cash, cannot be returned after purchase and cannot be transferred to other persons.

 

9.8. The Home reserves the right not to accept the Voucher code, suspend or cancel the credit granted by the Voucher, or otherwise restrict the provision of Services if the Member’s actions give rise to reasonable suspicion that the Voucher is forged, used dishonestly, unlawfully or otherwise in breach of these Terms or the laws of the Republic of Lithuania.

 

10. FINAL PROVISIONS

 

10.1. The Agreement is concluded in Lithuanian. If the Member wishes, the Home may provide the Member with the Agreement documents in English.

 

10.2. All information related to the Agreement or its performance, including information disclosed accidentally or intentionally, is considered confidential. The Parties have the right to disclose such information only to the extent necessary for the performance of the Agreement and only with the written consent of the other Party, except in cases where the information is required by authorities provided for by law.

 

10.3. The Home has the right to unilaterally change Service prices, price lists and other terms by publishing such changes on the Website. These changes come into force from the moment of their publication.

 

10.4. The Home has the right to unilaterally transfer part or all of the rights and obligations arising from these Terms to a third party, provided that: a) the Member is informed in advance of the transfer by a general notice by email or otherwise; b) it is ensured that the Member’s rights will not be reduced as a result of the transfer.

 

10.5. All rights not expressly granted to the Member under these Terms belong to the Home. The Home has the right, even after termination/expiry of the Agreement, to use content provided by the Member if it is related to the Home’s activities, is inseparably connected with other data or its separation would require disproportionate efforts.

 

10.6. The Member has no right and may not allow third parties to:

     10.6.1. Create or register any marks, domains, software application names or titles, or social media usernames or profiles that contain the Home’s names, marks or works, or misleadingly or substantially similar marks, names, titles or works;

     10.6.2. Use the Home’s names, marks or works as their social media profile picture or cover/background image;

     10.6.3. For any purposes and by any means, register, indicate, use, copy and/or claim ownership rights to names, designations, marks or works, or any misleadingly or substantially similar name, mark, designation, title or work, either separately or together with other letters, punctuation marks, words, symbols, drawings and/or other creative works or elements, except for the exceptions specified above.

 

10.7. If any provision of these Terms becomes invalid, this shall not affect the validity of the other provisions.

 

10.8. Any claims regarding the Services must be submitted to the Home in accordance with Article 21(1) of the Law on Consumer Rights Protection of the Republic of Lithuania. The Home will seek to respond to the Client’s claim as soon as possible, but no later than within 14 (fourteen) calendar days from the date of receipt of the claim. If the Home does not satisfy the Member’s claim or satisfies it only partially, the Member, being a consumer, while the following provision does not apply to Members who are entrepreneurs, has the right to contact the following consumer dispute resolution bodies:

    10.8.1. The State Consumer Rights Protection Authority, address: A. Goštauto g. 12, 01108 Vilnius, email: tarnyba@vvtat.lt, tel. +370 5 262 67 60, website: www.vvtat.lt. Requests or complaints may be sent by email, regular mail or submitted at the territorial units of the Authority, the addresses of which are indicated on the website www.vvtat.lt.

    10.8.2. The European Online Dispute Resolution (ODR) platform at http://ec.europa.eu/odr/.

 

10.9. All disputes and disagreements shall be resolved in the competent court of the Republic of Lithuania, applying the law of the Republic of Lithuania.

 

10.10. For matters related to these Terms, the Member may contact the Home by telephone at +37062894969 or by email at info@poleflame.lt.

 

10.11. Annexes — Rules: RULES FOR THE USE OF SERVICES AND CONDUCT AT THE HOME

​

Annex No. 1 to the General Terms and Conditions of the Service Agreement

​

RULES FOR THE USE OF SERVICES AND CONDUCT AT THE HOME

​

1. General provisions

​

1.1. The Member is informed that there is not always supervising and/or service staff at the Home, such as a coach.

 

1.2. Participation in classes or use of the Home’s Services without the direct supervision of the Home’s staff takes place at the Member’s own responsibility. Improperly performed exercises, careless use of equipment or failure to assess physical fitness may cause injuries or health disorders, for which the Home shall not be liable.

 

1.3. The Member must use all premises, equipment and Services of the Home only for their direct purpose, complying with hygiene and safety requirements. Any intentional or negligent damage to property may result in a requirement to compensate losses, and the Home has the right to restrict the Member’s ability to use the Services.

 

1.4. The Member must use the Home’s property, inventory and Services responsibly, taking all possible measures to avoid damage.

 

1.5. Before using equipment or inventory, the Member must familiarise themselves with the rules of use and, in case of any uncertainties, contact the Home’s staff.

 

1.6. Inventory and equipment must be used only for their intended purpose. Faulty inventory must not be used, and staff must be immediately informed of any noticed defects or disorder.

 

1.7. The Member must not interfere with other Members’ use of the Services. If the Member notices improper behaviour or actions that pose a danger to others, they must inform the Home’s staff.

 

1.8. After the training session, inventory must be neatly put back in place, mats must be cleaned, and cloths and disinfectants returned to their designated places.

 

1.9. Sportswear meeting the Home’s requirements must be worn during training sessions.

 

1.10. Shower and toilet facilities must be used one person at a time, in compliance with general hygiene standards.

 

1.11. The Member is responsible for their physical fitness and training intensity. The Home recommends consulting a coach or health specialist before starting a new sport or training programme, especially if the Member has any health conditions.

 

1.12. The Member must inform the Home of any health conditions that may affect their safety or ability to use the Services and must follow the instructions of doctors or public authorities, such as self-isolation instructions.

 

1.13. The Home has the right to request a medical certificate regarding the Member’s health condition and, if necessary, temporarily suspend the Membership until the health issues are resolved.

 

1.14. If the Member brings a child to the Home, they are responsible for the child’s supervision, safety and behaviour. Children may not independently use equipment or participate in classes without the permission of the Home’s staff.

 

1.15. The Home’s opening hours, Service schedules and other notices are published on the Website or social networks. The Member is responsible for following this information and planning visits according to the current schedule.

 

1.16. All important information for Members is provided by email and/or through the Service Reservation System and/or through the social media channel used by the Home.

 

1.17. The Home has the right to temporarily close all or part of the premises due to maintenance, renovation or other necessity, informing Members in advance.

 

1.18. Upon noticing emergency situations or other incidents that may pose a danger to others, Members must immediately inform the Home’s staff.

 

1.19. The Home shall not be liable for injuries or health disorders arising from improper use of equipment or the Member’s negligence.

 

1.20. The Member is encouraged to actively contribute to creating a positive and friendly atmosphere in the Home community. This includes respectful communication with other Members and staff, avoiding actions that may cause conflicts, and supporting new community members by helping them integrate into the Home’s activities. In conflict situations, the Member must remain calm and try to resolve them constructively, with the help of the Home’s staff if necessary.

 

2. Storage of personal belongings

 

2.1. The Home does not provide safekeeping services for the Member’s personal belongings, but provides the possibility to temporarily leave brought personal belongings in designated areas at the Home. The Home shall not be liable for the loss or damage of the Member’s belongings, except where this occurred due to the fault of the Home.

 

2.2. Outdoor footwear must be left before entering the training hall. Using the Services with outdoor footwear is strictly prohibited.

 

2.3. Members’ personal belongings must be kept in the changing rooms.

 

2.4. Members are advised not to bring expensive or valuable items to the Home. The Member assumes full responsibility for any valuable items brought.

 

3. Prohibitions

​

3.1. It is prohibited to:

   3.1.1. Use the Services while wearing inappropriate, dirty or untidy clothing or without appropriate footwear;

   3.1.2. Use the Services disregarding the requirement to remove outdoor footwear and leave it in the designated place;

   3.1.3. Bring in and consume alcohol, psychotropic substances or smoke at the Home;

   3.1.4. Perform personal hygiene procedures, except washing, or use a hairdryer for purposes other than intended;

   3.1.5. Bring animals to the Home;

   3.1.6. Use faulty inventory or equipment;

   3.1.7. Visit the Home while suffering from infectious diseases, having open wounds or other health conditions that pose a risk to other Members or staff;

   3.1.8. Ignore instructions given by the Home’s staff or coaches.