1. GENERAL PROVISIONS
1.1 This Document is a public offer (hereinafter referred to as the «Public Offer Agreement» or «Public Offer» or «Agreement») Individual entrepreneur Tatiana Shamova (ID: 302267776, e-mail: wellnesszenith@gmail.com, legal address: Georgia, Tbilisi, Vake district, st. Mtskheta N5, tel.: +99598017575, hereinafter referred to as «Zenithfitness», and contains all essential conditions for the provision of sports, massage, aesthetic, educational and other services specified in the List of services on the zenithfitness.ge, in accordance with the current Schedule, to any person hereinafter referred to as the «Client», as well as the rights and obligations of “Zenithfitness” and the Client in the process of receiving these services. The List of Services and the Schedule are attached to the Agreement.
1.2 The Agreement is a Public Offer in accordance with Article 329 of the Civil Code of Georgia. In this regard, «Zenithfitness» requests that you carefully read the text of this Public Offer and, in case of disagreement with its terms, refrain from entering into this Agreement.
1.3 By accepting this Public Offer, an individual becomes a Client, and «Zenithfitness» and the Client together become Parties to this Public Offer Agreement. Acceptance of this Offer is considered payment by the Client for the first Service or signing.

2. THE PROCEDURE FOR PROVIDING THE SERVICE
2.1 The list of Services, their description, terms of provision, the period of validity of the Service offer and the cost of the Service (individual and corporate) are approved by «Zenithfitness» in the List of Services. The list of Services is posted at the information desk in «Zenithfitness», on the zenithfitness.ge and in the «Zenithfitness» app. The Client has the right to use any Service specified in the List of «Zenithfitness» Services on the terms specified in this Public Offer Agreement.
2.2 The Services are provided in accordance with the schedule of Individual Classes (hereinafter referred to as the «Schedule») and individual procedures, which is approved by «Zenithfitness». The schedule is public and is posted on the information desk at «Zenithfitness», on the «Zenithfitness» website at zenithfitness.ge or in the «Zenithfitness» app.
2.3 The time and location of the provision of the Service are defined in the Schedule.
2.5 «Zenithfitness» operating mode: on weekdays from 08.00 to 22.00, on weekends and holidays 10.00 to 21.00. Login to “Zenithfitness” is terminated 1 hour before the end of “Zenithfitness”.
2.6 «Zenithfitness» has the right to change the opening hours. Information about changes in the opening hours of «Zenithfitness» is posted on the information desk at «Zenithfitness», on the «Zenithfitness» zenithfitness.ge and in the «Zenithfitness» app.

3. RIGHTS AND OBLIGATIONS OF THE PARTIES:
3.1 «Zenithfitness» undertakes:
3.1.1 Inform Clients about the current List of services and the Schedule of classes at «Zenithfitness» in the manner specified in clause 2.1. of the Agreement.
3.1.2 Provide Services to the extent and on the terms as defined in the List of Services in accordance with the Schedule of Classes.
3.1.3 Ensure proper functioning of sports or other types of equipment and equipment, as well as auxiliary equipment in «Zenithfitness» premises for «Zenithfitness» Clients.
3.1.4 When providing Services, provide the Client with the opportunity to use changing rooms, showers, individual lockers for storing things in changing rooms.
3.1.5 Ensure proper execution of other terms of this Agreement;

3.2 «Zenithfitness» has the right to:
3.2.1 Determine the List of Services and set the cost of Services.
3.2.2 Involve third parties to provide Services, while remaining obligated to the Client.
3.2.3 In case of emergency situations that occurred through no fault of «Zenithfitness», and/or in case of force majeure, unilaterally limit the scope and procedure for providing Services to «Zenithfitness» Customers without any compensation.
3.2.4 Transfer its rights and obligations to third parties without the Client's additional consent, provided that such transfer of rights and obligations will not lead to a deterioration in the performance of this Public Offer Agreement.
3.2.5 To protect the property of «Zenithfitness», Employees and its Clients, to prevent offenses, to ensure public safety, the security of the Services provided and to control the legitimate entry of Customers into the territory of “«Zenithfitness», to place photo, audio and video surveillance equipment on the territory of «Zenithfitness». «Zenithfitness» controls the external perimeter and entrances of the building, workplaces with the help of photo, video surveillance and audio recording systems.
3.2.5.1 «Zenithfitness» will place warning signs about photo, audio and video surveillance in a prominent place for the attention of Customers.
3.2.5.2 The use of this right is not related to the collection of information about a particular person. The information reflected in the photo and video materials can be used as evidence of illegal actions.
3.2.5.3 If necessary, «Zenithfitness» can also perform photo, audio and video surveillance in order to improve Customer service, about which the Customer will be informed in advance.
3.2.6 Refuse to provide Services if the Client does not have a pass (p.3.3.9 of this Agreement), provided that it is not possible to identify the Client's identity otherwise.
3.2.7 In case of non-fulfillment or improper fulfillment by the Client of the terms of the Public Offer Agreement, demand the elimination of violations.
3.2.8 Enjoy other rights of the Public Offer Agreement, its annexes and additional Agreements, as well as other rights provided for by the «Zenithfitness» Rules and the legislation of Georgia.

3.3 The «Zenithfitness» Client undertakes:
3.3.1 Pay for Services in accordance with the procedure and on the terms of the Public Offer Agreement.
3.3.2 Comply with the general Rules of «Zenithfitness» provided for in paragraph 4 and its sub-paragraphs of this Agreement;
3.3.3 In the classroom, strictly follow the instructions of the coach or instructor, follow the recommendations of the coach or instructor about the duration of the intensity of classes.
3.3.4 Services are provided to Clients under 18 years of age only with the permission of a parent or legal representative and exclusively with the participation of a coach or instructor.
3.3.5 Attend group/individual classes according to the Schedule. If you are more than 10 minutes late, the instructor or coach has the right to prevent the Client from attending the lesson.
3.3.6 Not to transfer keys to individual lockers, a pass to «Zenithfitness» and other «Zenithfitness» property to third parties.
3.3.7 Promptly inform «Zenithfitness» in writing about their diseases (including hidden diseases) or any medical contraindications that prevent the receipt of Services, as well as report any changes in health status (including pregnancy), complications, side effects, etc. during or after receiving Services.
3.3.8 During stay at «Zenithfitness», store your belongings (jewelry, jewelry, keys, watches, phones, computers, money, expensive items, important documents, etc.) in individual lockers, and when leaving «Zenithfitness», release individual lockers from stored items and hand over the key.
3.3.9 In order to obtain a pass to «Zenithfitness» and to receive Services, the Client provides the following necessary personal data: first name, last name, address, phone number, email address, details of the Client's identity document, biometric data (photo).
3.3.10 Immediately notify «Zenithfitness» in writing of any changes to personal data or circumstances that may affect the performance of obligations under the Agreement, including, but not limited to, changes/loss of identification means, keys to individual lockers or loss or damage to an item transferred to the temporary possession/use of «Zenithfitness».
3.3.11 Cancel or postpone the paid Service by notifying «Zenithfitness» no later than 12 (twelve) hours before the time of its provision. In case of violation of this obligation, no change in the time of Service provision or refund of the amount paid for Services will be made.
3.3.12 «Zenithfitness» has the right to refuse to provide services if the Client systematically registers and does not come to classes (more than three visits in a row).

3.4 The Client is prohibited from:
3.4.1 Disturb other Zenithfitness visitors, violate cleanliness and order.
3.4.2 Be on the territory of «Zenithfitness» in outerwear and outdoor shoes.
3.4.3 Visit «Zenithfitness» if the Client has signs of illness. Otherwise, «Zenithfitness» has the right to temporarily suspend the Client from visiting «Zenithfitness» until full recovery.
3.4.4 To instruct, give recommendations on classes to other Clients and other visitors of «Zenithfitness».
3.4.5 Enter service and other technical premises, independently regulate any engineering and technical equipment without special permission of «Zenithfitness» personnel.
3.4.6 Engage in entrepreneurial or other activities not related to the receipt of «Zenithfitness» Services on the territory of «Zenithfitness» without the written consent of «Zenithfitness».
3.4.7 Without the additional written consent of «Zenithfitness», transfer its rights and obligations to third parties under this Public Offer Agreement.

3.5 The «Zenithfitness» Client has the right to:
3.5.1 Use «Zenithfitness» Services, participate in «Zenithfitness» events at will.
3.5.2 To receive the Services, get access to the «Zenithfitness» application or by registering using your identification data in «Zenithfitness» or on the website zenithfitness.ge .
3.5.3 Receive assistance, advice, instruction from instructors on the Services provided.

4. GENERAL RULES OF «Zenithfitness»:
4.1 For training (classes), you should change into clothes and shoes corresponding to the selected type of training (in the gym, etc.), change into closed sports shoes with laces for the following types of training: .
The upper part of the torso should be closed. It is forbidden to wear studded shoes and shoes with heels in fitness areas and halls. It is forbidden to practice barefoot, in slippers, slates and other similar shoes, except for special classes (for example, yoga, choreographic training). It is forbidden to go outside of «Zenithfitness» in over-shod sports shoes;
4.2 Silence and basic rules of conduct should be observed on the territory of «Zenithfitness». Any public actions that are not coordinated with the «Zenithfitness» Administration are prohibited. Public actions are understood as the distribution of various kinds of leaflets, advertising campaigns for political or other commercial purposes;
4.3 «Zenithfitness» provides for the availability of modern musical equipment that provides musical accompaniment in the training areas. The selection of musical compositions in «Zenithfitness» is carried out by the Administration.
4.4 When visiting «Zenithfitness», the Client must not leave personal belongings and clothes unattended. Use lockers in the locker room for their storage.
4.5 It is prohibited on the territory of «Zenithfitness»:
4.5.1 Carry bags into training halls;
4.5.2 Smoking in the premises and on the territory of «Zenithfitness»;
4.5.3 Stay in a state of alcoholic, narcotic or other toxic intoxication, as well as consume alcoholic beverages, drugs and unauthorized medicines directly on the territory of «Zenithfitness»; bring and store any type of weapon; «Zenithfitness» has the right to apply measures to these persons in the form of suspension from classes and withdrawal from «Zenithfitness».
4.5.4 Attend «Zenithfitness» if there is a residual state of alcoholic intoxication.
4.5.5 Distribute (including sell) alcoholic beverages and narcotic substances in «Zenithfitness».
4.5.6 Talk loudly and aggressively, use profanity, interfere with others;
4.5.7 Bring any food to the training area;
4.5.8 Independently use music and other «Zenithfitness» equipment;
4.5.9 Chewing gum during training is life-threatening;
4.5.10 Leave personal items and beverage containers in training halls after classes;
4.5.11 Reserve and monopolize equipment;
4.5.12 Enter the territory intended only for official use, except in cases where there is a special invitation to do so;

4.6 Rules of use of changing rooms and showers:
4.6.1 Changing clothes is allowed only in the locker rooms;
4.6.2 Individual lockers in the locker room are used to place clothes, shoes and other personal belongings;
4.6.3 It is not allowed in the locker room: to leave your belongings outside of individual lockers; to leave your belongings in individual lockers after the end of classes.
4.6.4 At the end of working hours, according to the «Zenithfitness» operating mode, all individual lockers in the locker rooms are opened.
4.6.5 Things forgotten in locker rooms and left in individual lockers are seized and transferred to the responsible storage of the «Zenithfitness» Administration. All items found on the territory of «Zenithfitness» are stored in «Zenithfitness» for 1 month. If the items are not claimed by the owner, the items are subject to disposal.
4.6.6 When visiting the toilets of changing rooms, it is necessary to comply with general sanitary and hygienic requirements
4.6.7 «Zenithfitness» locker room showers are intended only for light aesthetic washing after classes;
4.6.8 During the hours of the most busy showers, it is necessary to observe the order of their visits and be polite to each other;
4.6.9 It is forbidden to bring shampoos and detergents in glass containers to the showers;
4.6.10 In the showers, it is not allowed to: dye hair; use shaving accessories; carry out skin care procedures (scrub, oils, masks, etc.); washing shoes and washing things.

5. COST OF SERVICES, PAYMENT PROCEDURE.
5.1 The cost of services is set in the List of Services.
5.2 Payment of the cost of the desired Service is a confirmation of the Client's Agreement with the «Zenithfitness» Rules, with the terms of the Public Offer Agreement and the Agreement enters into force.
5.3 Payment for Services for Clients under the age of 18 is made only by parents or a legal representative. Funds from minors under the age of 18 are not accepted by the «Zenithfitness» administration.
5.4 The Client has the right to make a payment both in cash to the «Zenithfitness» cash desk and by bank transfer to the «Zenithfitness» checking account.
5.5 All settlements under the Agreement are carried out in the national currency of Georgia – lari.

6. RESPONSIBILITY OF THE PARTIES.
6.1 The «Zenithfitness» Client is financially liable for the property damage caused to «Zenithfitness» in full.
6.2 If the Client causes property damage to «Zenithfitness», the «Zenithfitness» administration draws up an Act, which is signed by authorized representatives of the Parties. If the Client refuses to sign the Act, «Zenithfitness» signs it unilaterally in the presence of two disinterested persons and sends one copy of the Act to the Client. The Client is obliged to compensate the damage caused in full within 5 (five) calendar days from the date of receipt of the Act. «Zenithfitness» has the right to withhold compensation for the damage caused in whole or in part from the amount received from the Client in payment for Services.
6.3 In case of systematic (two or more times) violation of the «Zenithfitness» Rules by the Client, the Public Offer Agreement may be terminated unilaterally by «Zenithfitness».
6.4 In case of improper fulfillment by the Client of obligations under this Public Offer Agreement, which entailed claims from the User, another Client or other third parties, the Client undertakes to independently consider such claims and compensate the victim.
6.5 By agreeing to the Public Offer Agreement, the «Zenithfitness» Client declares that he has no medical contraindications for visiting «Zenithfitness» and receiving Services. «Zenithfitness» is not responsible for the harm caused to the life and health of the «Zenithfitness» Client in the event that the Client has not notified «Zenithfitness» about his health status and diseases that are not compatible with training.
6.6 The Parties are released from liability for partial or complete non-fulfillment of obligations under this Public Offer Agreement, if this non-fulfillment was the result of force majeure circumstances that the parties could not foresee or prevent. Circumstances of insurmountable force include: flooding, fire, earthquake and other natural phenomena, as well as war, military actions, blockade, prohibitive actions of the authorities and acts of state bodies, destruction of communications and power supply, explosions, road closures and access roads to «Zenithfitness», accidents of public services, disconnection of hot and cold water supply, heating shutdown.

7. ZENITHFITNESS IS NOT RESPONSIBLE:
7.1 For damage caused to the Client's health if the Client violates the Rules of visiting «Zenithfitness» and/or safety regulations when using the Services, for damage caused by negligence and/or culpable actions of the Client.
7.2 For damage caused to the life, health and/or property of the Client by the actions of third parties.
7.3 For the loss or damage of personal belongings left by the «Zenithfitness» Client in the changing rooms or other «Zenithfitness» premises.
7.4 For damage related to deterioration of health during the period of using the Services, if the Client's health has deteriorated as a result of acute illness, exacerbation of injury or chronic illness.
7.5 The responsibility for the health of the Client under the age of 18 is borne by his parent or legal representative.

8. CONSENT TO THE COLLECTION AND PROCESSING OF PERSONAL DATA
8.1 The «Zenithfitness» Client, in accordance with the Law of Georgia "On Personal Data Protection", consents to «Zenithfitness» for automatic, semi-automatic, and non-automatic processing of personal data, the list of which is specified in p. 7.2-7.3 and other sub-paraghraphes of this Agreement, namely: collection, photo, audio recording, video recording, organization, storage, replacement, restoration, reclamation, use or disclosure for the purpose of transmitting, distributing or otherwise providing access to data, grouping or combination, blocking, deletion or destruction of data.

8.2 Forms of data processing to which consent is given:
8.2.1 List of personal data for processing which consent is given:
a)Name, Surname;
b) Gender, age;
c) Date of birth;
d) Personal number;
e) Passport data;
f) The address of registration at the place of residence and the address of the actual place of residence;
g) Phone number (mobile);
h) Email address;
i) Special category data (including biometric data)

8.2.2 The Client agrees to «Zenithfitness» free of charge:
a) Take photos, audio and video recordings of events organized by «Zenithfitness» with the participation of the Client;
b) Use and publish photos, audio and video materials, as well as other information materials with the participation of the Client, in whole or in fragments, for advertising, informational and other purposes, including through any media and in any way, in advertising booklets and in all media, TV, movies, videos, on the Internet, leaflets, mailings, catalogs, posters, promo articles, advertising campaign, packaging, etc., place these materials on outdoor and indoor stands, in printed publications both on the territory of Georgia and abroad;
c) Perform any actions with respect to photo, audio and video shooting with the participation of the Client, including, but not limited to, collection, organization, storage, replacement, restoration, reclamation, use or disclosure for the purpose of transmitting, distributing data, or otherwise providing access to them, grouping, or combination, blocking, deletion or data destruction;
d) Transfer the rights to photos, audio and video materials, as well as other information materials with his participation to third parties.
8.3 The Client agrees that the following actions can be performed with photos, audio and video materials, as well as with other information materials with his participation:
a) Photographs, images and videos may be copied, presented and made available to the public and/or adapted for use;
b) Processing of photos, audio and video materials by an authorized processing method.
8.4 «Zenithfitness» guarantees that it will not use photos, audio and video materials, as well as other information materials with the participation of the Client, in ways that discredit the honor, dignity and business reputation of the Client.
8.5 The Client authorizes «Zenithfitness» to make various marketing offers in order to offer Services, goods or request any actions from the Client by phone, email, other means of telecommunications or direct communication with Clients.
8.6 By agreeing to this Agreement, the Client confirms that he acts of his own free will in his own interests and is fully familiar with the text of this Agreement.
8.7 It is explained to the Client, as a subject of personal data, that the Client has the right at any time, without explanation, to withdraw his consent in accordance with p. 7.2. – p. 7.3 of this Agreement and demand the termination of data processing or (and) destruction of the processed data.

9. THE TERM OF THE AGREEMENT AND THE GROUNDS FOR ITS TERMINATION:
9.1 This Public Offer Agreement is valid from the moment of payment for the first Service on the zenithfitness.ge or through the «Zenithfitness» app or from the moment of signing the Agreement at the «Zenithfitness» reception and paying for the desired Service. The Public Offer Agreement has been concluded for an indefinite period.
9.2 The Public Offer Agreement may be terminated by the Client unilaterally out of court at any time by sending a corresponding Application. The date of termination of the Agreement will be the date of receipt by «Zenithfitness» of the Client's written or electronic application, unless a later date is specified in the application. In this case, the Client is entitled to receive the Services paid for at the time of termination of the Agreement in accordance with the established procedure, unless otherwise agreed by the Parties upon termination of the Agreement.
9.3 The Public Offer Agreement may be terminated by «Zenithfitness» unilaterally out of court if the Client violates the terms of this Agreement and/or the «Zenithfitness» Rules. In this case, the Client is not entitled to receive the services paid for at the time of termination of the Agreement, the funds for these services are not refundable.

10. FINAL PROVISIONS AND SIGNATURES OF THE PARTIES:
10.1 «Zenithfitness» has the right to amend the Agreement, as well as the List of Services, Schedule and other appendices to the Agreement. These changes should be published on the zenithfitness.ge in the «Zenithfitness» app, as well as posted on the «Zenithfitness» information desk. The Client is considered to have accepted these changes at the time of payment or receipt of the next Service after the publication of these changes.
10.2 The exchange of personal information, including statements, claims, notifications, is possible by sending information by e-mail specified on the «Zenithfitness» website by the Client when registering the Client (p. 3.3.9 of this Agreement). The information/document is considered to have been received by the second party on the day following the day it was sent.
10.3 The Client has the right to receive a copy of this Public Offer Agreement on paper once by contacting «Zenithfitness» with a written or electronic application.
10.4 All disputes and disagreements between the Parties under the Agreement, in connection with the Agreement and/or its execution, the Parties will seek to settle through negotiations. If, as a result of negotiations, the Parties have not reached a mutually acceptable solution, the dispute is subject to resolution in the Tbilisi City Court.
10.5 The Client understands the content of the Public Offer Agreement, fully and unconditionally accepts all its terms without any exceptions and/or restrictions.
10.6 General information is considered to be brought to the Client's attention if it is posted on the «Zenithfitness» information stands and/or on the Zenithfitness.ge or in the «Zenithfitness» app.
10.7 In everything else that is not provided for by the Agreement, the Parties are guided by the current Legislation of Georgia.
10.8 The Parties confirm their full and unambiguous understanding of the subject and content of this Public Offer Agreement, the rights and obligations of each Party arising from or related to the performance of the Agreement, the essence of the terms adopted in the Agreement, as well as the compliance of the text of the Public Offer Agreement with the intentions and will of the Parties. The Agreement is concluded on favorable terms for the Parties and is not the result of the impact of difficult circumstances for them.