Terms & Conditions Memberships

1. OBJECT AND CELEBRATION OF THE CONTRACT

1.1. Object. The contract has as object the acquisition of the quality of members of the private club “MVMT studio” (the Studio) and the member’s access and use of its facilities and equipment.

1.2. Conclusion of the Contract. The contract is considered as concluded upon registration by the Member in the online platform and accepting this document terms.

1.3. Minors. The membership is not allowed to those below 16 years of age. The adhesion of those between 16 and 18 years of age depends on permission to the due effects conceded by the holder of parental authority, tutelage, conservatorship or any other means of legal representation of said minor.

2. THE STUDIO

2.1. The Studio is constituted by a group of leisure, well-being, recreation, relaxation and fitness facilities destined to its respective members.

2.2. The members also have the right to the services provided at the Studio by its independent suppliers, under the terms and conditions established by these very suppliers.

3. ACCESS AND USE OF THE STUDIO

3.1. Schedule. The schedule of the working hours of the Studio is what is defined by the Company, and it can be altered at any moment. If an alteration of the schedule of the working hours of the Studio occurs, the Company will give prior notice of this alteration and will do so in due time.

3.2. During the Studio’s working hours, the members shall be able to access it for the duration and number of times they desire and be able to freely make use of the available Studio facilities, equipment, areas and materials, excepting restrictions derived from the type of subscription.

3.3. The membership is personal and non transferable. Sharing your account or bookings with others may cause the suspension of your account. 

4.MEMBERSHIP RIGHTS

4.1. Access to the Studio. Right to access the facilities, services and activities of the Studio available at each moment, under the terms enclosed in the Contract and in the House Regulations.

4.2. Memberships give access to up to 3 classes a day and 2 appointments a day for the recovery room. 

4.3. Independent services. Right to benefit from the services provided by the independent suppliers properly accredited by the Studio for that effect, under the terms and in conformity with the tables and conditions agreed to by the Studio with these professionals.

5. MEMBER DUTIES

Without prejudice to any other contractual or legal obligations, it is the duty of the Member:

5.1. Registration on MVMT Studio platform: MOMENCE. To complete your Momence profile with complete, truthful and up-to-date details, committing to immediately update them, at any time an alteration of these same details occurs;

5.2 Fulfillment of the Rules of the Studio. To know and observe at all times that which is established in the Rules of the Studio and at the Studio Regulations. Including but not limited to the booking and cancellation policies. Members that do not cancel in time or do not show up to a booked class or appointment more than 3 times may have their memberships temporarily limited or paused. 

5.3. Recommendations of the Studio. To follow the recommendations and/or instructions that are given to him/her by the Studio, directly or by Studio representatives, workers and/or collaborators;

5.4. General duty of civility. To behave with civility in his/her interactions with the workers, collaborators and representatives of the Studio;

5.5. Payments. To punctually accomplish the obligation of the payment of the quota and of the supplements, in conformity with the Studio’s price list at each moment in force, according to the type of subscription and services or supplements selected, as well as other amounts due under the terms of the Contract;

6. PAYMENT

6.2. Quota and supplements: Regardless of whether he/she uses the facilities, equipment and/or services of the Studio, the Member should pay to the Company the amounts indicated in the Proof of Enrollment and in the price list in force at the time of the enrol and posteriorly updated in conformity with the Studio’s price list at each moment in force or by reason of alterations to the enrollment and determined by the Membership Form.

6.3. Invoicing:. If invoicing with a VAT number is required, the member has to add the number when filling in the personal information. If no VAT number is required, “000” should be added to the corresponding area.

6.4. Price list updates: MVMT Studio reserves the right to review and update its pricing annually, typically in January. While price changes are not mandatory or automatic, adjustments may be made based on changes to the studio’s offerings, operational costs, or broader economic factors. Should any price updates occur outside of this annual review, members will be informed with at least 30 days' prior notice.

6.5. Means and date of payment. Any amounts due by the Member under the present Contract will be paid by the means indicated by the company and on the date indicated by the company as well.

6.6. Immediate use of the Studio: The use of the Studio immediately after the adhesion of the Member depends on the reception, by the Company, of the due initial payments.

6.7. Lack of Payment: When the payment of the quota by direct debit does not take place by reason imputable to the Member or to the credit institution by him/her indicated, the Company will charge the payment of a processing fee, in force at the date of the fact, at each unsuccessful attempt of direct debit charge. Without prejudice to the previously stated, the Member hereby authorizes the Company or any entity mandated by the Company to proceed to the direct debit charges necessary to the regularization of the amounts in debt.    

7. DURATION OF CONTRACT

7.1. Membership Term and Renewal: The “Monthly Membership” is renewed monthly and has no minimum loyalty commitment. “Founding Membership - 12 months” has a 12 paid months commitment. 

7.2. Period count: For purposes of the Contract, the periods referred in clause 7.1. are counted with reference to the day of the month in which the adhesion of the Member took place, except if an alteration in the type of membership occurs, in which case weeks will start being counted with reference to the date of the alteration.

7.3. Special memberships: Both Founding Memberships have a reduced price and are valid for 12 months, after completing the whole period, the member receives a discount of 15% to be used in the normal membership until the membership is canceled.

8. SUSPENSION OF THE CONTRACT - PAUSING

8.1. Membership Pausing: Members may request to pause their Foundering Memberships - 12 months twice per year (12-month cycle counting since the membership sign up). Any pause must have a minimum of 3 weeks. The total maximum pausing period per cycle is 2 months. During the Pause period, no classes, functional training or recovery sessions may be booked using the membership.

8.2. Pausing request for Foundering Membership: Any Pause requests must be submitted to: hello@mvmtstudio.space with 15 days notice.

8.3. Pausing for Normal membership: since normal monthly membership has no commitment period, pausing is not an option, only cancellation. Members must request the cancellation with at least 15 days before the charging date to hello@mvmtstudio.space.

8.4. Fortuitous or Force Majeure Cases. If a fortuitous or force majeure case (such as, for example, governmental decisions, floods, fires, explosions, accidents, wars, civil mobilizations or strikes or the necessity of maintenance or construction work to be carried out in the Studio which cannot take place outside of the normal working hours of the Studio and requires its temporary closing), which prevents the Company from providing, completely or partially, services to the Member, occurs (“Fortuitous or Force Majeure Case”), these circumstances do not assign to the Member the right to any compensation, nor the right to exonerate himself/herself or to suspend, even if partially, the obligation of payment of the quota and eventual supplements. 

9. CESSATION OF THE CONTRACT - CANCELATION

9.1. Infringement. If any of the Parties (“Defaulting Party”) infringes whichever provision of the present Contract, or whichever provision resulting from the applicable legal terms, and that infringement is considered grave (that which, due to its gravity or reiteration, renders the subsistence of the contractual bond unenforceable to the other Party), in the case it is not corrected by the Defaulting Party within a 10-day period (after written communication has taken place, which can be done by electronic mail) by the other Party (“Compliant Party”), it shall be understood that the Defaulting Party is in a situation of infringement, it being possible for the Compliant Party to resolve the Contract. The Compliant Party may also demand compensation for the damages suffered, in which honoraria and lawyer expenses are included. If the Company is the Compliant Party, it may refuse access to the facilities of the Clubs to the Member until the correction of the situation of delay or infringement is corrected.

9.2. Resolution by the Company. Without prejudice to any other legal foundations, and of the established in clause 9.1., the Company can resolve the Contract in the following situations:

i. Delay. Delay over 30 days in the fulfilment of any pecuniary obligation by the Member;

ii. Regulatory or contractual violation. Grave violation, by the Member, of the Rules of the Studio or the established in the present Contract;

iii. Violation of the duty of information. Provision of erroneous and/or fraudulent information by the Member to the Company, namely in the act of adhesion to the Studio;

iv. Violation of norms of conduct. Adoption of behaviors that may put the safety and/or well-being of the other Members and of the representatives, workers or collaborators of the Company at risk, as well as behaviors that cause material damage to the facilities and/or equipment of the Clubs or might put at risk, in any way, the reputation and good name of the Studio.

v. Giving access to third parties. Giving third parties, under any title, access to the Studio, for its use. 

9.3. Termination of Contract. The Company may, unilaterally, terminate the contract, without the payment of any compensation having to take place for that fact, as long as it does so with, at least, 30 days of prior notice in relation to the end or renovation date of the Contract. The termination of the Contract does not exonerate the Member of the obligation of the payment of any amounts whose payment deadline expires until the date where the effects of the termination come into force.

9.4. Consequences of the resolution. Once resolved by the Company in the terms of clause 9.1. or of clause 9.2, the Company has the right to demand from the Member the payment of all amounts derived from the execution of the Contract which have not been paid and whose payment deadline has expired, as well as a compensation for damages derived from the infringement and from the resolution of the Contract (including honoraria and lawyer expenses).

9.5. Resolution by the Member: Without prejudice to any other legal foundations, and as a result of what is established in clause 9.1., the Member can resolve the Contract in the following situations, without having, however, the right to any compensation for that fact:

i. Right of retraction: During the 14 days following the date of the conclusion of the Contract, without it being necessary to indicate the motive, by means of sending a registered letter with acknowledgment of receipt to the place of business of the Company, every amount paid by virtue of the adhesion to the Studio being returned to him/her, except if during that period he/she uses the Studio, in which case no amount given will be returned;

ii. Alterations to the Contract. If an alteration to the Contract or the prices in the terms of clause 2.11 or the final part of clause 6.4, respectively, occurs, with which the Member does not agree, as long he/she manifests his/her disagreement formally in writing and resolves the Contract until the predicted date for the alteration’s entry into force.

9.6. Non renewal of the Contract. The Member may oppose himself/herself to the renewal of the Contract, without it being necessary to indicate the motive, as long as he/she does so with, at least, a 15 day prior notice in relation to the date of the end of the period or of the renewal of the Contract.

9.7. Contract Cancellation: Memberships with no commitment period may be cancelled with 15 days minimum notice. Requests must be submitted to hello@mvmtstudio.space.

9.8. Fortuitous or Force Majeure Case. If a Fortuitous or Force Majeure Case takes place, it only constitutes a basis for the resolution of the Contract if it interruptedly lasts for, at least, 30 days. 

10. RESPONSIBILITY OF THE COMPANY

10.1. Responsibility. The responsibility of the Company before the Member, under contractual and extra-contractual title, including responsibility for acts and/or omissions of its representatives, workers or collaborators, only exists in the cases in which it has proceeded with malice or gross negligence, it being limited to, as far as allowed by the applicable legislation, the amounts paid by the Member in the context of the Contract.

11. GENERAL DISPOSITIONS

11.1. Notifications and communications. For the purposes of the Contract, the communications of the Member, in the case of resolution by infringement (clause 9.1.), resolution by alterations to the Contract (clause 9.5, ii.) or in the case of cessation (clause 9.5., iii and 9.6) of the Contract, have to be done by means of registered letter with acknowledgement of receipt or through the e-mail hello@mvmtstudio.space a request of acknowledgment of reception and reading having to be sent or via Whatsapp Message to the company phone number, without which the communication will not be valid.

All other notifications and communications between the Parties, which do not predict particular means, must take place by means of registered letter or electronic mail, to the addresses indicated by the Company. The Parties must notify each other reciprocally of any alteration in their identification details, the alteration producing its effects 30 days after the date of the notification.

11.2. Cession of the contractual position and of credits. The contractual position of Party in the Contract, as well as the rights and obligations emanating from it, cannot be given totally or partially by any of the Parties without prior, express and written authorization of the other Party, with the exception of cessions by the Company to a society with which it has a relationship of dominance or of group or in the context of a fusion or sale of substantial part of its social participations, and of the credits emerging from the present Contract of which the Company is a holder before the Member.

11.3. Compensation. The Member authorizes the Company to proceed to the compensation, in the payment of any amounts that come to be owed by the Company to the Member under the present Contract, of any credits the Company is the holder of before the Member.

11.4. Integrality, prevalence and alterations to the Contract. The established in the Contract constitutes the integral agreement between the Parties regarding the Contract’s object and substitutes all and any previous understandings, agreements or communications, oral or written, if, in any way, those contradict the clauses herein. In case of divergence between what is established in the Conditions of Adhesion and the Membership Form or the Proof of Adhesion, the formal prevail over the letter. Any alteration to the Contract is only valid when done by means of a written document that is signed by both Parties.

11.5. Deadlines. Except when otherwise stipulated, the deadlines provided in the contract are counted in a successive manner. Deadlines which expire on a non-Business Day (meaning, a day which is a national holiday) are transferred to the next Business Day.

11.6. Appointed place of residence. The Parties appoint, as the place where they reside and to the purpose of citation, or notification in the case of a litigation, the addresses contained in the Proof of Adhesion.

11.7. Applicable law and competent court. The Contract is governed by Portuguese law and the territorially competent court for the resolution of any and all divergences or litigations directly or indirectly related with it is the District Court of Lisbon.

11.8. In the case of litigation the Member may also resort to a geographically competent Entity of Alternative Resolution of Consumer Litigations, namely:

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