GENERAL CONDITIONS OF SALE (GCS)

1. PREAMBLE

These Terms and Conditions (hereinafter the "T&Cs") govern the terms and conditions of subscription and use of the various multi-course or single course packages offered by Future Form.

These general conditions apply to the Customer and the Subscriber.

The parties to the Subscription Agreement are (1) the beneficiary of the subscription, hereinafter the Subscriber, (2) the Payer, if different from the Subscriber, who is in this case responsible for the payment of the subscription and (3) Future Form, which offers the Subscription, hereinafter Future Form or the Centre.

The Client (4) is the person who participates in a course and has opted to pay for it through the à la carte group course formulas (per unit or per package) hereafter referred to as the Client.

All minor members must provide proof of parental authorisation for their registration.

This authorisation will be given in person or sent by e-mail together with a copy of the identity document of the minor's legal representative.

The signing of the GTC by the Subscriber/Customer and the Payer implies full acceptance of these GTC.

2. MEDICAL CERTIFICATE

Having completed the Future Form medical exemption form, the Subscriber/Client certifies that his/her physical constitution and state of health allow him/her to practice sport in general, and more specifically to use the services, activities, equipment and facilities offered by the Centre, of which he/she acknowledges having full knowledge.

The production of a medical certificate is mandatory for the Subscriber.

The Customer will be required to provide a medical certificate if requested by Future Form based on the answers to the Health Care and Medical History Questionnaire.

3.DURATION OF SUBSCRIPTION CONTRACTS, DIFFERENT FORMULAS FOR A LA CARTE GROUP COURSES AND PRICES

3.1. Duration of subscription contracts

The duration for which the Subscriber has contracted is mentioned on the subscription contract.

The minimum commitment period of the subscription contract is 1 month.

The duration of the contract may vary from 1 month to 12 months, depending on the choice of the Subscriber.

3.2 A la carte courses

The Client can pay for the courses individually or by opting for a package of 5, 10 or 20 courses.

The 5 course package is valid for 2 months.

The 10 course package is valid for 3 months.

The 20 course package is valid for 6 months.

3.3. Tariffs

The applicable prices are those in force on the date of the signing of the contract and displayed at the Centre's reception desk. Prices are quoted inclusive of VAT at the prevailing rate. Future Form reserves the right to postpone any new taxes or rate increases as soon as they come into effect.

The monthly price agreed upon at the conclusion of the subscription contract shall remain the same until the end of the contract.

In the event that a subscription contract is tacitly continued after its term, the applicable rate will be the one in force at the date of the contract renewal. One month before the end of the contract, Future Form will inform the Subscriber of the new rates in force. The Subscriber may decide not to continue the contract (under the conditions of article 7.1) or accept in writing the application of the new rates.

Prices for single courses and packages depend on the courses concerned.

4. PAYMENT

Subscriptions are paid monthly by direct debit to a credit card or bank account (SEPA) from the date of signing the contract, depending on the choice of the Subscriber. For payment security reasons, Future Form must register for each Subscriber a credit card payment method and a SEPA payment method.

The Client pays for the group lessons by credit card, in cash, by bank cheque or by ANCV cheque.

The Client may also pay for individual or package lessons by credit card on the online booking site.

No purchase of a course by card or by subscription can give rise to a refund (except in the case of a billing error).

In the event that a refund is necessary due to a payment or billing error, the amount due that would have been paid by credit card or cheque will be refunded to the Subscriber within 21 working days of the complaint.

In the event of a failed debit due to a problem with the customer's payment method (insufficient funds, card limit reached, card expired or blocked, etc.), the transaction fee for the failed payment (which varies according to the payment method) will be added to the next monthly payment.

The Subscriber agrees to ensure that the payment methods provided to Future Form are valid.

The Subscriber agrees to inform Future Form of any changes to their bank details.

The Subscriber can update their bank details directly online in their personal Future Form space, or at the Centre.

5.COURSES: RESERVATIONS AND CONDITIONS OF MODIFICATION OR CANCELLATION

The Subscriber/Client may attend a group class without having reserved a place, but is strongly advised to reserve a place at least 24 hours in advance via the online reservation system at www.futureform.fr, via the Future Form mobile application or by telephone on +33(0)4 89 97 25 43.

A subscriber/customer who has not reserved a place in advance will not be admitted to the course if the maximum capacity of the course is reached.

The Subscriber/Client may cancel a booking for any group or private course no later than 24 hours before the start of the course.

If the Client fails to comply with the above-mentioned cancellation deadlines, the credit for the course will be lost and will not be refunded.

The Subscriber/Client can cancel a booking directly in their online client area, via the Future Form mobile application, by email or by phone.

Future Form reserves the right to cancel a course or change the instructor at any time without notice. Wherever possible, Subscribers/Customers will be informed of any cancellation as soon as possible.

Future Form reserves the right to change the schedule of group classes without notice. Wherever possible, Subscribers/Customers will be informed of such changes as soon as possible.

6.CONTENT OF SUBSCRIPTION AND A LA CARTE CONTRACTS

6.1. Content of subscription contracts

The "5 CLASSES PER MONTH" subscription includes access to all types of group classes. It gives access to 5 classes per month, including a maximum of 3 classes per week (Monday to Sunday).

The "9 CLASSES PER MONTH" subscription includes access to all types of group classes, and gives access to 9 group classes per month, including a maximum of 3 classes per week (Monday to Sunday).

The "13 CLASSES PER MONTH" subscription includes access to all types of group classes, and gives access to 13 group classes per month, including a maximum of 4 classes per week (Monday to Sunday).

All memberships include a maximum limit of 2 classes per day.

Subscriptions do not allow the Subscriber to do 2 classes of the same type in the same day (e.g. the Subscriber will not be able to do 2 Pilates mat classes in the same day).

Credits for unused courses cannot be accumulated from month to month.

In the event that a contract is tacitly continued after its term, the content of the subscription contracts will be that in force on the date of renewal of the contract. One month before the end of the contract, Future Form will inform the Subscriber of the new contents in force. The Subscriber may decide not to continue the contract (under the conditions of article 7.1) or accept in writing the application of the new content.

6.2. Contents of the à la carte packages

The packages include access to a choice of :

• to the Pilates Machine Group classes
• Pilates Mat, Ballet Form and dance-cardio classes

7.CONTENT OF SUBSCRIPTION AND A LA CARTE CONTRACTS

7.1. Termination

The subscription contract cannot be terminated before its term. The subscription price cannot be refunded.

Any subscription contract, having come to an end and tacitly renewed, may be terminated with one month's notice by email, of which Future Form must acknowledge receipt, or by registered mail with acknowledgement of receipt.

If the subscription contract is not terminated, the contract will be renewed tacitly from month to month for an indefinite period, until the date on which the customer wishes to terminate it (under the conditions explained above) or choose a new subscription.

Contracts are renewed by tacit agreement for a period of one month.

A la carte group lessons will not be extended if the Client does not use all the lessons contained in the package.

Future Form reserves the right to terminate or not renew a membership in the event that the Subscriber fails to comply with any provision of these terms and conditions or the rules of procedure.

In the event of moving outside the Alpes-Maritimes department, the Subscriber may stop their subscription on presentation of proof of their new address and only by paying the difference in price between their subscription and the price in force for a subscription of shorter duration for the months that have elapsed.

7.2. Suspension

In the event that the Subscriber is ill or injured and can no longer follow the courses provided for in the package, and subject to the production of medical proof (sent by email with acknowledgement of receipt from Future Form, delivered by hand or by recorded delivery), the following solutions may be implemented from the date of presentation of the medical certificate and not from the date on which it was drawn up:

• Future Form may suspend the package or subscription for a minimum of 2 months and a maximum of 6 months from the date of presentation of the medical certificate.
• If the Subscriber/Customer wishes to resume before the end of the period of 2 to 6 months, the resumption can only be effective from the moment he/she submits a medical certificate authorising him/her to practice a sports activity again.
• In the event that the physical condition of the Client taking à la carte classes no longer allows him/her to participate in a class in a discipline corresponding to his/her package (e.g. Piloxing) and always on presentation of a medical certificate, the value of the remaining classes in the package may be transferred to a package in another discipline (e.g. Pilates).
• In the event of an administrative closure, following a prefectural decree (e.g. Covid closure), Future Form undertakes to offer adapted online courses to replace the face-to-face courses.

Future Form reserves the right to close for 3 weeks per year, during the August and Christmas/New Year holiday periods. The 1 year subscriptions are effectively 49 week subscriptions that absorb these annual closures and cannot be temporarily suspended when Future Form remains closed during these periods.

7.3. Modification

TheSubscriber and the Centre may only modify their agreements in writing, subject to the exceptions set out in this contract.

8. CIVIL LIABILITY / PERSONAL INJURY

Future Form is insured for damages involving its civil liability and that of its staff in accordance with Article L.321-1 of the Code du sport with the Compagnie Inter Mutuelles Assurances. The purpose of this insurance is to guarantee the Subscriber against the pecuniary consequences of civil liability incurred in respect of damage caused to others as a result of the operation: bodily injury, material and immaterial damage.

The Club shall not be liable for any accident resulting from the Subscriber's/Customer's failure to observe the safety instructions or the inappropriate use of the equipment or other facilities.

The Subscriber/Client is invited to take out a personal civil liability insurance policy covering all damage that he/she may cause to third parties, through his/her own fault, during the exercise of the Centre's activities.

In accordance with Article L.321-4 of the French Sports Code, Future Form informs the Subscriber/Client of the interest of taking out a personal insurance policy covering bodily injury to which they may be exposed as a result of their sport.

9. VESTIARY

In order to guarantee the security of the personal belongings of its Subscribers/Customers, the Centre provides them with individual lockers with a lock.

It is expressly recalled that the changing rooms are not subject to any specific supervision.

The Subscriber/Customer thus acknowledges that he/she has been fully informed of the risks involved in placing valuables in communal lockers.

10. CHANGES TO PERSONAL DETAILS

Changes in the Subscriber's personal circumstances must be reported to Future Form.

Any costs incurred by Future Form as a result of late communication will be charged to the Subscriber.  

11. IMAGE RIGHTS

The Subscriber/Client grants the Centre the right to use his/her image through photos and videos of him/her without compensation. If the Subscriber/Customer refuses this use, he/she must inform the Centre in advance when signing the General Conditions.

12. PROTECTION OF PERSONAL DATA

In accordance with the provisions of Law n°78-17 "Informatique et Libertés" of 6 January 1978, the Subscriber/Customer may ask the Centre to communicate information concerning him/her and have it rectified if necessary. If the Subscriber/Customer does not wish to receive commercial solicitations from third parties, he/she simply has to specify this to the Centre.

13. LITIGATION

No special conditions or documents shall, unless expressly accepted in writing by Future Form, prevail over the General Conditions and the Internal Regulations.

Any condition to the contrary imposed by the Subscriber/Client shall be unenforceable against Future Form in the absence of express acceptance, regardless of when it may have been brought to its attention.

In the event of a dispute between the Subscriber/Customer and the Centre over the performance of the Contract, the Centre shall give preference to an amicable solution.

In the event of failure, any dispute between the Subscriber/Customer and the Centre shall be submitted to the Courts of NICE (headquarters of the establishment).

Regarding the contracts for the FFPE Pilates Teacher Training Courses:

14. FAILURE TO DELIVER THE TRAINING

In application of article L.6354-1 of the French Labour Code, it is agreed between the signatories of this agreement that, if the training service is not provided in full or in part, the service provider must reimburse the co-contractor for any sums unduly received as a result.

15. COMPENSATION, REDRESS OR FORFEITURE

If the beneficiary withdraws from the performance of this agreement within 30 days before the start date of the training service, which is the subject of this agreement, the beneficiary undertakes to pay 50% of the sum due by way of compensation.
This sum is not chargeable to the beneficiary association's obligation to participate in continuing vocational training and cannot be the subject of a request for reimbursement or reimbursement by the OPCA.
In the event that the beneficiary waives the execution of this agreement within 15 days before the start date of the training service, which is the subject of this agreement, the beneficiary undertakes to pay 70% of the sum due by way of compensation.
This sum cannot be charged to the beneficiary association's obligation to contribute to continuing vocational training and cannot be the subject of a request for reimbursement or coverage by the OPCA.
If the training organisation withdraws from the execution of this agreement within a period of 15 days before the start date of the training service, which is the subject of this agreement, a new date for the course will be set.
In the event of partial completion of the training service attributable to the trainee who unilaterally decides to interrupt the training, the beneficiary association undertakes to pay 50% of the remaining amounts due, by way of compensation.
This sum cannot be charged to the beneficiary association's obligation to participate in continuing professional training and cannot be the subject of a request for reimbursement or reimbursement by the OPCA.
The amount paid as compensation is specified on the invoice or is the subject of a separate invoice and must not be confused with the amounts due for professional training. Only sums corresponding to the actual performance of the service shall be invoiced under the heading of continuing vocational training.

16. DISPUTES

Any disputes that may arise in connection with this contract shall be referred to a mediator chosen by the parties. If the mediation fails, either party may refer the matter to the competent court. The competent jurisdiction for any dispute relating to this agreement is the Court of Nice and the applicable law is French law.