For the purposes of these general conditions, “Member” will refer to the person who has contracted any service offered by any franchisee of the TRIB3 brand (hereinafter “TRIB3”), the purpose of which is the use of the facilities included in the centres of its ownership. From now on, the different centres in which TRIB3 offers its high-intensity training services will be referred to as “Studio” or “Studios”.

 

1. Registration for TRIB3 studios

1.1 General Conditions and Registration Conditions
The Member, guest and/or specific user who registers, uses and/or accesses any of the TRIB3 Studios acknowledges and accepts the content of these General Conditions, including the conditions of data protection and privacy, and, where applicable, the particular conditions applicable to some Studios and/or some modalities (the “Contract”).

The Member may only access the facilities of the Studio with which they have signed the Contract and must be aware of and accept the particular conditions that may apply to each Studio, as the prices and sessions offered in each Studio may vary and may require additional charges, of which it is the Member’s responsibility to inform themselves in advance. The Member acknowledges and accepts that the management of the Studios may establish and/or modify limitations on the registration of people in the Studios.

 
1.2 Age Limit
Registration and access to TRIB3 activities are intended exclusively for users over 16 years of age. Any registration, access, or use of the domain by minors under 16 years of age is unauthorised and constitutes a violation of the conditions of use. By using TRIB3 services or its domain, the Member represents and guarantees that they are over 16 years of age and agree to be bound by the provisions of these General Conditions. Minors between 16 and 17 years of age may only register and use the domain with the participation and consent of the person holding parental authority or legal guardianship. Failure to comply with the provisions of this clause will be subject to the provisions of clause 6.5.

 
1.3 Payment of Memberships
Memberships must be paid by credit or debit card or by direct debit. The Member who contracts a service from TRIB3 expressly authorises TRIB3 to carry out the direct debit of the charges, as well as to charge the amounts agreed by the means designated by the Member, which will be sent on the date of registration, in monthly instalments, according to the type of subscription, until the cancellation and/or resolution of the Contract.

The Member who registers for TRIB3 Studios acknowledges and accepts that, regarding the payment of registration and fees, they must respect the provisions for this purpose in these General Conditions, as well as in the specific registration conditions. The Member must respect the type of membership to which they are assigned and be up to date with payments for any reason, regardless of the effective use of the Studios they make and of any change in their personal situation.

The sessions and memberships purchased will not be refundable, and the expiration date will not be extendable, without prejudice to the provisions of clause 6.3 for cases of force majeure. It is the Member’s responsibility to check the expiration date of any session package before purchasing it.

 

2. Access to TRIB3 studios

2.1 Physical Conditions of the Members, Guests and/or Specific Users
The Member, the guest, and/or the specific user respectively declare under their responsibility that they are in good physical condition and do not have any illness, alteration, or reason that could contraindicate the practice of physical exercise or sport.

 
2.2 Suspension of the Right of Access
The corresponding Studio personnel may suspend, provisionally or permanently, the right of access to TRIB3 Studios in cases of non-compliance with the provisions of these General Conditions, as well as the specific registration conditions, or any other internal regulations or general rules that may be applicable, or the indications made, where appropriate, by the Studio staff. TRIB3 reserves the right of admission to its facilities without the need to justify the reasons for denying access.

 

3. Use of the service

3.1 Rules of Conduct
The Member and, where applicable, the guest and/or specific user, acknowledge and accept the following rules of the TRIB3 Studios:

1. The sessions are personal and non-transferable and cannot be used by any other person unless expressly authorised by TRIB3;
2. All equipment used must be stored at the end of the class;
3. You must always stop the treadmill before getting off it;
4. It is prohibited to use any equipment or materials such as dumbbells on treadmills;
5. It is necessary to bring a towel to participate in classes. TRIB3 is under no obligation to provide towels for training sessions;
6. Follow instructor instructions and safety recommendations as instructed in new member training;
7. Act with caution around people exercising around you and use equipment carefully and properly;
8. The situation may arise that the floor/surface becomes slippery due to your sweat. During classes, it will be the sole responsibility of the Member, guest, and/or specific user to be aware of this;
9. You must report any injuries you sustain to the instructor before each class.

 
3.2 Reservations and Cancellations of TRIB3 Sessions
To access any of the sessions offered by TRIB3, it will be necessary to pre-book the class and be physically present and ready to enter before the first class bell rings otherwise, your position may be transferred to another Member who is on the waiting list, discounting the class without the possibility of replacement or refund.

Only cancellations made with a minimum of two (2) hours in advance will be accepted; otherwise, the Member, or where appropriate the guest, will lose the right to use it without the possibility of a refund. This includes changeover time intervals within the two (2) hour notice time- Please check your Studio for these specific time allocations.. Cancellations must be made through the online system available on the website; cancellation requests sent by email or by any other means other than the one mentioned will not be accepted. In the event that the Member’s rate has an unlimited number of credits, in accordance with TRIB3’s late cancellation policy, you may be charged additionally to your membership that will be debited from the payment method at the time of payment that the Member had authorised TRIB3 to collect the monthly fee. Please see your studios policy on this.

These conditions of reservation and cancellation of sessions and classes will apply to all Members and/or guests regardless of the type of their rate, including the modalities of “Pay Monthly”, “Pack as you use”, “Steel Week”, or future promotions or other class packages that may be available.

 
3.3 Lockers and Personal Belongings
The use of the lockers will be carried out in accordance with the provisions of this clause and according to the instructions that may be received from TRIB3 employees.

The changing rooms are not supervised, so it is recommended not to leave valuables in these facilities or in the lockers. The Member, guest, and/or specific user acknowledge and accept that the Studios and their staff are not responsible in the event of theft, disappearance, damage, or loss of items deposited anywhere in the Studio facilities, including changing rooms and lockers. The use by the Member, guest, and/or specific user of the lockers, to store valuable personal items, does not constitute, in any case, a deposit contract with TRIB3 and, therefore, neither the Studios nor TRIB3, nor its staff are responsible for the loss, damage or theft of these personal items.

The use of the lockers is strictly limited to the duration of each session. It is strictly prohibited to leave personal belongings in the locker once you have left the Studio. In the interest of the security of the TRIB3 facilities and the people who are in them, in the event of abandonment by a Member, guest, and/or specific user of their belongings in the locker at the end of their session, the Studio management expressly reserves the right to remove belongings. Said belongings will be stored by the Studio for a period of no more than 5 days. After this period, said belongings will be discarded if the Member, guest, and/or specific user has not removed them, without the latter being able to demand any type of compensation.

 

4. Mobile services

TRIB3’s services may, at its discretion, include certain functions that are available through mobile devices, among which, but not limited to, TRIB3 may offer (i) the ability to reserve and/or purchase TRIB3 services; (ii) the ability to receive and reply to TRIB3 messages; (iii) the possibility of accessing TRIB3; and (iv) the possibility of accessing certain functions that TRIB3 offers through its mobile application (hereinafter “Mobile Services”).

TRIB3 will not charge the Member for the provision of Mobile Services. However, it is recommended that the Member review the data and messaging rates of their operator, and, where applicable, the limitations, restrictions or prohibitions that may exist on the download, installation or use of certain Mobile Services.

By using the Mobile Services, the Member, guest, and/or specific user accepts that TRIB3 and the companies in its group can contact them by SMS, MMS, text message or through any other telematic means with their mobile devices and that certain information related to the use of the Mobile Services may be transferred to TRIB3 and the group companies.

 

5. Conditions applicable to changes

5.1 Rates and Price Changes
The Member, guest, and/or specific user acknowledge and accept that TRIB3 has different rates for its services and that TRIB3 reserves the right to modify them unilaterally at its discretion. In the event that TRIB3 terminates the contractual relationship due to non-compliance with the conditions of use, the Member, guest, and/or specific user will not be entitled to claim reimbursement of any fee or charge, either totally or partially, for which there has been no benefit.

Any revisions to the rates that may occur will be communicated through the reception of the Studios and/or by email to the email address provided by the Member to the Studio. Price reviews may also be made for different concepts, services and supplements with a periodicity and at a time different from that of the rates. The Studios may, at any time, create new rates by modality for new Members, or new modalities according to the degree of occupancy or other needs, without affecting the rest of the Members. The same modality may have different price and service conditions for registrations from a date considered. The introduction of improvements to the facilities will entitle the Studios to increase the amount of the monthly fee.

 
5.2 Changes and Termination of Conditions and Services
The management of the Studios reserves the right, unilaterally, to: (i) Modify, eliminate or expand any of the services of the Studios offered, as well as – when it deems appropriate – any terms or condition of the General Conditions, the registration conditions or the economic conditions or any other internal regulations by publishing the updated terms and conditions on the web domain. The continued use of access to the web domain after any modification constitutes the Member’s acceptance of the new conditions of use; (ii) Close or temporarily disable part or all of the services (both free and optional) and facilities for works, modifications, specific acts or causes beyond the control of the Studios. These changes will not entail any variation of the commitments of any kind of the Members, guests, and/or specific users established in these General Conditions, as well as in the specific Registration Conditions, without prejudice to the Member’s right to resolve the Contract in accordance with the requirements provided in section 6.2. All conditions applicable to the Members of the Studio will be extinguished in the event of termination, for any reason, of the lease contract for the premises where the Studio facilities are located.

 

6. Suspension and termination

6.1 Membership Suspension
The Member may request to temporarily suspend their monthly subscription for reasons related to the Member’s health or in situations requiring travel, whether for personal or professional reasons, provided that such circumstances prevent them from using the contracted services for a period of more than one calendar month. Please see your studio for these specific details.

To this end, the Member must request the suspension in writing to the Studio’s email address, providing evidence that sufficiently accredits the alleged cause; such as a medical certificate in case of health problems, a company certificate justifying the temporary professional transfer, or a hotel and/or apartment reservation (check-in, check-out), and/or round-trip ticket to prove the need to travel. Said request will be evaluated by TRIB3 together with the evidence and supporting documents provided, who may at its sole discretion grant or deny the suspension without the need to justify its decision, as well as decide the date on which it will take effect, which in no case may have retroactive effects. The use of this service may incur some additional cost.

During the period of suspension, the Member’s access mode will be deactivated and they will not be able to use the facilities or services offered by TRIB3. Likewise, during said period the Member will be released from paying their monthly fee. The subscription will automatically restart once the suspension period granted has expired without the need for prior communication from TRIB3.

In those contracts in which a permanence or period of mandatory compliance for the Member is established, the suspension period will not count for these purposes, said period being extended to the same extent as the suspension period granted and the end date being postponed for the period of the permanence commitment or mandatory compliance for the Member.

 
6.2 Termination by Decision of the Member
Termination by decision of the Member will be subject to the following conditions that will vary depending on the contracted modality:

1. Indefinite duration modality without commitment to permanence. The Member may terminate the Contract unilaterally for any reason as long as they notify 30 days prior, the notification being understood to have been made from the date of receipt of the corresponding email to the address of the Studio in which they are registered. If requested appropriately, the cancellation request will be applied from the month following the requested date.
2. Subscription modality of indefinite duration with commitment to permanence. The Member may not terminate the Contract until the established period of permanence ends. The Member will be obliged to pay the entire monthly instalments until the end of the membership period, unless there is a case of force majeure as defined in clause 6.3. At the end of the mandatory compliance period for the Member, they may terminate the Contract unilaterally for any reason as long as they notify 30 days in advance, the notification being understood to have been made from the date of receipt of the corresponding email to the address of the Studio in which they are registered.
3. Fixed-term subscription type with commitment to permanence. In this modality, the Member pays in advance the monthly instalments corresponding to the period of permanence and will not be able to terminate the contract until the established period of permanence ends, unless a case of force majeure occurs as defined in clause 6.3. At the end of the mandatory compliance period for the Member, they may terminate the Contract unilaterally for any reason as long as they notify it before the fifteenth (15th) day of the current month, the notification being understood to have been made from the date of receipt of the corresponding email to the address of the Studio in which they are registered. If requested after these fifteen (15) days, the cancellation request will be applied from the month following the requested date.

 
6.3 Force Majeure
A case of force majeure will be understood to occur for the purposes described when, exclusively, any of the following cases occur:

1. move or professional relocation which obliges the member to reside at a distance of more than 30 km from the Studio where he/she is registered;
2. Illness, sudden health problem and/or injury that prevents the Member from practising the sports activities offered by TRIB3 in a safe manner for a period equal to or longer than that which they are obliged to comply with under these General Conditions and the particular conditions subscribed in the terms provided below.

In these cases, and only in the modalities described in clause 6.2, second and third sections, the Member may request the unilateral termination of the Contract even when the permanence periods contemplated therein are not met. The Member must provide sufficient supporting documents and/or evidence to prove the alleged cause. In the event of an injury and/or illness or health problem that occurs, the Member must prove this circumstance through a medical certificate or proof of health.

The termination that takes place under this clause will be effective from the month following the requested date, counting from the receipt of the termination request at the address of the Studio in which they are registered, accompanied by the documents that justify it, as long as said supporting documents are considered, in the opinion of TRIB3, valid and sufficient to prove the alleged cause.

 
6.4 Notifications
All notifications indicated in clauses 6.1, 6.2 and 6.3 must be made to the email address of the Studio to which the Member is subscribed. Verbal communication to the TRIB3 Studio staff and any other means or email other than the one indicated above will not be sufficient to carry out the notifications described in the aforementioned clauses, and, consequently, it does not replace or release you from the obligation to carry out the payments to which the Member is subject and the rest of the contractual obligations.

 
6.5 Termination by Decision of TRIB3

TRIB3 may expel the Member, guest, and/or specific user and terminate the Contract with immediate effect in the following cases:

• When the Member or, if applicable, guest and/or specific user seriously or repeatedly violates the conditions of use and other applicable internal or general regulations or the instructions of the staff, they may be temporarily or permanently expelled by decision of the Studio management. Expulsion implies the suspension of the right of access and the loss of the status of Member and will prevent re-registration within the period set or definitively depending on the seriousness of the conduct committed. The imposition of the sanction of expulsion does not exempt the offender from the obligation to compensate for the damages caused to TRIB3.
• When payment of a fee is delayed for more than 3 days from the due date, in which case any amounts accrued in favour of TRIB3 at the time of termination will become immediately payable.
• When you provide fraudulent or erroneous information to TRIB3.

In these cases, the contract will be automatically terminated, without the need for notification from TRIB3, without the right to reimbursement of the amounts paid and the Member must comply with the financial obligations to which they have committed under the Contract.

Likewise, TRIB3 may cancel/terminate access to the web domain, without notice or justification, which may result in the loss and destruction of all information related to the Member.

 
6.6 Survival of Certain Provisions

However, if any of the provisions contained in these General Conditions or in the specific registration conditions applicable between the parties, which due to their nature or effect, must be observed, maintained or executed after the termination, will survive termination and will remain binding on the parties until fully observed, maintained or enforced, such as, but not limited to, ownership provisions, legal notices, indemnity clauses and limitations of liability.

 

7. Delimitation of responsibilities

• Through the first access and/or attendance to TRIB3 classes, events, activities or other programs, the use of the TRIB3 Studios, their facilities and equipment, the Member, guest, and/or specific user acknowledges that there are certain inherent risks and dangers to the intense nature of TRIB3 training programs.
• The Member, guest, and/or specific user states that they have voluntarily chosen to participate in an intense physical exercise program.
• The Member, guest, and/or specific user is aware that TRIB3 strongly recommends that, prior to starting any class or program, they undergo a medical examination to determine their fitness for it.
• Likewise, the Member, guest, and/or specific user acknowledges that, despite the diligence taken to avoid injuries, some risks will continue to exist as they are inherent to the development of the activity itself.
• In addition, the Member, guest, and/or occasional user declares that they are aware that specific risks may vary from one activity to another, and may range from: (1) minor injuries, such as scratches, bruises or sprains; (2) serious injuries, such as eye injuries or vision loss, joint or back injuries, heart attacks, or concussions; and (3) catastrophic or irreversible injuries, which could include cerebral palsy and death.
• At all times, you must comply with the usual regulations, safety signs, as well as the operating rules and verbal instructions given to you by the instructors and staff.
• By participating and accessing TRIB3 classes, its Studios and facilities, the Member, guest, and/or specific user:
  Release and hold harmless TRIB3, its subsidiaries, associates and franchisees, as well as each and every one of its employees, users, legal representatives, agents, successors and assigns, regarding any claim, action, demand, procedure, disbursement, expense, damages and losses to the fullest extent legally permitted, in relation to your participation in any of the TRIB3 classes and its facilities;
  Declare that: (a) you do not suffer from any illness or physical condition that prevents or makes it difficult for you to attend classes or use TRIB3 facilities; (b) you do not suffer from any illness, physical or mental condition that could put you in a situation of physical or medical risk; and (c) you have not received instructions from a doctor that prevent you from engaging in physical exercise.
• The Member, guest, and/or specific user acknowledges that, if they suffer from a disability or chronic condition, they are assuming risks by participating in TRIB3 classes and that, therefore, they are recommended not to participate in them.

 

8. Third-party domains

Our domain may include links to third-party domains that are not owned or controlled by TRIB3, so TRIB3 assumes no responsibility for their content, privacy policies, or practices and services that such domains may offer. In this sense, TRIB3 strongly recommends reading their terms and conditions and the respective privacy policies.

 

9. Intellectual property and trademarks

The contents of the TRIB3 domain, such as, but not limited to, text, software, scripts, graphics, photographs, sounds, music, videos, interactive functions and the like (“content”) as well as trademarks, logos and slogans it contains (the “brands”), are owned or licensed by TRIB3, and are subject to copyright and any other legally protected intellectual property rights.

The content of the domain, in the form in which it is offered, is provided for your information and personal use and you may not download, copy, reproduce, distribute, transmit, broadcast, display, sell, license or exploit it in any other way and for any other purpose, whatever its purpose, without the prior written consent of their respective owners. TRIB3 reserves all rights not expressly granted in and to the domain and its content.

The Member, guest, and/or specific user acknowledges and accepts that all questions, comments, suggestions, ideas, observations or other information about the domain and services that they provide to TRIB3 are not confidential and will be understood to be provided without charge, royalties or otherwise. obligation to TRIB3, which will become the property of TRIB3.

The Member, guest, and/or specific user undertakes not to use, copy or distribute any content other than that expressly permitted under these General Conditions.

The Member, guest, and/or specific user undertakes not to evade, disable or in any way interfere with the security measures of the domain or functions that limit or restrict the use or copy of any content or enforce limitations on the use of the domain or its content.

TRIB3 and other graphics, logos, commercial slogans and designs are trademarks of TRIB3 or are licensed to TRIB3.

TRIB3’s trademarks or trade dress may not be used, even partially, in connection with any product or service in any manner that is likely to cause confusion, and may not be copied, imitated, or used in whole or in part, without prior written consent from TRIB3.

 

10. Duration and validity

These conditions of use will remain in force as long as the Member, guest, and/or specific user uses any of the TRIB3 services or maintains a contractual relationship, without prejudice to those clauses that by their nature must survive after the termination of the contractual relationship.

 

11. Applicable law

These terms and conditions, as well as any other provision or recommendation that may be included by reference, will be governed and construed in accordance with the laws of Spain.

 
 

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Data Protection Notice

In order to comply with Organic Law 3/2018, of 5 December, on the Protection of Personal Data and the guarantee of digital rights, and Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 April 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data, and following the Recommendations and Instructions issued by the Spanish Data Protection Agency (AEPD),

IT IS INFORMED:

The personal data (hereinafter, the “Data”) that you provide us and all your information are stored on our secure servers. Any payment transaction will be encrypted. If you have a username, password or other login details, which enable you to access certain parts of our website, you must not allow any other person to use them and you must treat them confidentially. If you believe or suspect that someone else may know your login details, you should contact us at support@trib3.es as soon as possible.

Your Data will be processed by TRIB3 for the following purposes:

• To comply with assumed contractual obligations;
• To attend to your queries or requests for information or documentation in relation to the requested service;
• For our internal purposes, such as quality control, domain performance, and systems administration and to evaluate your use of our domain so that we can offer you a better quality of service;
• To notify you about changes to our services;
• To provide you with information, products or services that we believe may be of interest to you (provided you expressly consent to this);
• To create reports that serve to improve the marketing of the services we provide to you in the future (including processing the payment of your vouchers and reservations for places in TRIB3 classes when you have made a reservation).

Treatment of Your Information:

• To carry out the development, maintenance and control of the contracted services, it is necessary that your Data be communicated to the companies of the TRIB3 Group and companies managed by it, as well as with those entities that act as franchisees of TRIB3 SPAIN, SL and exploit the TRIB3 Studio with which the Member has signed a contract.
• Your Data will be kept in our files as long as your membership in this entity remains valid and during the legal or contractual periods provided for the exercise of any action on your part or by TRIB3.

We inform you that you may exercise your rights of cancellation, rectification, deletion, restriction, objection and data portability at any time by contacting the TRIB3 postal or email address indicated above and attaching a copy of the document that proves your identity.

You may revoke by the means indicated above and at any time, the particular consents that we request when contracting our services, without retroactive effect and in the terms provided by law.

Additionally, in the event that you do not want to grant your express consent to the particular treatments provided for in the contracting of services, you can express your refusal by checking the boxes provided for this purpose.

Regarding Commercial, Promotional and Marketing Actions:

We may use your information to provide you with marketing information that you have requested from us or that we consider may be of interest, provided that you have given your consent to do so. We can do this through postal mail, SMS, email or by telephone.