General Conditions

1.1 General Conditions and Registration Conditions
The Client, guest and/or specific user who registers, uses and/or accesses any of the 432 Social Wellbeing 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 Client 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 Client’s responsibility to inform themselves in advance. The Client 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 432 Social Wellbeing 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 432 Social Wellbeing services or its domain, the Client 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.

1.3 Payment of Clientships
Clientships must be paid by credit or debit card or by direct debit. The Client who contracts a service from 432 Social Wellbeing expressly authorises 432 Social Wellbeing to carry out the direct debit of the charges, as well as to charge the amounts agreed by the means designated by the Client, 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 Client who registers for 432 Social Wellbeing 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 Client must respect the type of clientship 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 clientships 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 Client’s responsibility to check the expiration date of any session package before purchasing it.

2.1 Physical Conditions of the Clients, Guests and/or Specific Users
The Client, 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 432 Social Wellbeing 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. 432 Social Wellbeing reserves the right of admission to its facilities without the need to justify the reasons for denying access.

3.1 Rules of Conduct
The Client and, where applicable, the guest and/or specific user, acknowledge and accept the following rules of the 432 Social Wellbeing Studios:

• The sessions are personal and non-transferable and cannot be used by any other person unless expressly authorised by 432 Social Wellbeing;
• All equipment used must be stored at the end of the class;
• It is necessary to bring a towel to participate in classes. 432 Social Wellbeing is under no obligation to provide towels for training sessions;
• Follow instructor instructions and safety recommendations as instructed in new client training;
• Act with caution around people exercising around you and use equipment carefully and properly;
• The situation may arise that the floor/surface becomes slippery due to your sweat or to water. During classes, it will be the sole responsibility of the Client, guest, and/or specific user to be aware of this;
• You must report any injuries you sustain to the instructor before each class.

3.2 Reservations and Cancellations of 432 Social Wellbeing Sessions
To access any of the sessions offered by 432 Social Wellbeing, it will be necessary to pre-book the class and be physically present and ready to enter before the class starts; otherwise, your position may be transferred to another Client who is on the waiting list, discounting the class without the possibility of replacement or refund.

Cancellations must be made within the minimum notice period specified by your Studio to be accepted; otherwise, the Client will forfeit the right to use the service without the possibility of a refund. This includes changeover time intervals within the required notice period.

Please consult your Studio for the specific cancellation notice period and policy details.

Cancellations must be made through the online system available on the website or mobile app; cancellation requests sent by email or by any other means will not be accepted.

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 432 Social Wellbeing employees.

The changing rooms are not supervised, so it is recommended not to leave valuables in these facilities or in the lockers. The Client, 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 of the lockers to store valuable personal items does not constitute, in any case, a deposit contract with 432 Social Wellbeing.

432 Social Wellbeing’s services may, at its discretion, include certain functions that are available through mobile devices, among which, but not limited to, 432 Social Wellbeing may offer:

(i) the ability to reserve and/or purchase 432 Social Wellbeing services;

(ii) the ability to receive and reply to 432 Social Wellbeing messages;

(iii) the possibility of accessing 432 Social Wellbeing; and

(iv) the possibility of accessing certain functions that 432 Social Wellbeing offers through its mobile application.

432 Social Wellbeing will not charge the Client for the provision of Mobile Services. However, it is recommended that the Client 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 Client, guest, and/or specific user accepts that 432 Social Wellbeing 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 432 Social Wellbeing and the group companies.

5.1 Rates and Price Changes
The Client, guest, and/or specific user acknowledge and accept that 432 Social Wellbeing has different rates for its services and that 432 Social Wellbeing reserves the right to modify them unilaterally at its discretion. In the event that 432 Social Wellbeing terminates the contractual relationship due to non-compliance with the conditions of use, the Client, 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 Client 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.

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 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 Client’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 Clients, guests, and/or specific users established in these General Conditions, as well as in the specific Registration Conditions, without prejudice to the Client’s right to resolve the Contract in accordance with the requirements provided in section 6.2. All conditions applicable to the Clients 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.

6.1 Clientship Suspension
The Client may request to temporarily suspend their monthly subscription for reasons related to the Client’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 Client 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 432 Social Wellbeing 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 Client’s access mode will be deactivated and they will not be able to use the facilities or services offered by 432 Social Wellbeing. Likewise, during said period the Client 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 432 Social Wellbeing.

In those contracts in which a permanence or period of mandatory compliance for the Client 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 Client.

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

Indefinite duration modality without commitment to permanence: The Client 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.

Subscription modality of indefinite duration with commitment to permanence: The Client may not terminate the Contract until the established period of permanence ends. The Client will be obliged to pay the entire monthly instalments until the end of the clientship 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 Client, 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.

Fixed-term subscription type with commitment to permanence: In this modality, the Client 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 Client, 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:

Move or professional relocation which obliges the Client to reside at a distance of more than 30 km from the Studio where he/she is registered;

Illness, sudden health problem and/or injury that prevents the Client from practising the sports activities offered by 432 Social Wellbeing 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 Client may request the unilateral termination of the Contract even when the permanence periods contemplated therein are not met. The Client 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 Client must prove this circumstance through a medical certificate or proof of health.

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 Client is subscribed. Verbal communication to the 432 Social Wellbeing 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 Client is subject and the rest of the contractual obligations.

Through the first access and/or attendance to 432 Social Wellbeing classes, events, activities or other programs, the use of the 432 Social Wellbeing Studios, their facilities and equipment, the Client, guest, and/or specific user acknowledges that there are certain inherent risks and dangers to the nature of 432 Social Wellbeing wellbeing programs. The Client, guest, and/or specific user states that they have voluntarily chosen to participate in a physical exercise program.
The Client, guest, and/or specific user is aware that 432 Social Wellbeing strongly recommends that, prior to starting any class or program, they undergo a medical examination to determine their fitness for it. Likewise, the Client, 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 Client, 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.

Our domain may include links to third-party domains that are not owned or controlled by 432 Social Wellbeing, so 432 Social Wellbeing assumes no responsibility for their content, privacy policies, or practices and services that such domains may offer. In this sense, 432 Social Wellbeing strongly recommends reading their terms and conditions and the respective privacy policies.

The contents of the 432 Social Wellbeing 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 432 Social Wellbeing, 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. 432 Social Wellbeing reserves all rights not expressly granted in and to the domain and its content.

The Client, 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 432 Social Wellbeing are not confidential and will be understood to be provided without charge, royalties or otherwise obligation to 432 Social Wellbeing, which will become the property of 432 Social Wellbeing.

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

The Client, 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.

432 Social Wellbeing and other graphics, logos, commercial slogans and designs are trademarks of 432 Social Wellbeing or are licensed to 432 Social Wellbeing.

432 Social Wellbeing’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 432 Social Wellbeing.

These conditions of use will remain in force as long as the Client, guest, and/or specific user uses any of the 432 Social Wellbeing services or maintains a contractual relationship, without prejudice to those clauses that by their nature must survive after the termination of the contractual relationship

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 your country.

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 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@432socialwellbeing.com as soon as possible.

Your Data will be processed by 432 Social Wellbeing 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 432 Social Wellbeing classes when you have made a reservation).

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 432 Social Wellbeing and companies managed by it, as well as with those entities that act as franchisees of 432 Social Wellbeing and exploit the 432 Social Wellbeing Studio with which the Client has signed a contract.

Your Data will be kept in our files as long as your clientship in this entity remains valid and during the legal or contractual periods provided for the exercise of any action on your part or by 432 Social Wellbeing.

We inform you that you may exercise your rights of cancellation, rectification, deletion, restriction, objection and data portability at any time by contacting the 432 Social Wellbeing 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.

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.