MEMBERSHIP AGREEMENT
Elite Prague – Private Compatibility Club
Prague, ____________________
These Membership Terms are issued by Elite Prague – Private Compatibility Club, IČO: 87036363, email: info@eliteprague.cz, website: www.eliteprague.cz (hereinafter the “Club”).
These Terms govern the contractual relationship between the Club and an individual whose application for membership has been accepted and who enters into an agreement with the Club (hereinafter the “Member”).
The contractual relationship is governed by the laws of the Czech Republic, including Act No. 89/2012 Coll., the Civil Code, Regulation (EU) 2016/679 (GDPR), and other applicable Czech and European Union legislation.
1. Subject of the Agreement and Positioning of the Club1.1. The Club provides structured services aimed at identifying and recommending potentially compatible partners on the basis of an assessment of values, personality, life goals, lifestyle, and strategic alignment (hereinafter the “Services”).
1.2. The Club operates as a closed, private and selective compatibility club. It is not a public dating platform, marriage agency or mass-market dating service.
1.3. Depending on the selected membership level, the Services may include:
·psychological and values-based profiling;
·strategic compatibility assessment;
·curated recommendations of potential candidates;
·personalized consultations; and
·relationship development strategies.
1.4. The Club does not guarantee that a partner will be found, that a relationship or marriage will result, or that any relationship will have a particular duration, quality or emotional outcome. The Club undertakes to provide the Services professionally, diligently and in accordance with the methodology applicable to the selected membership.
2. Membership Eligibility and Selection2.1. Membership is available only to individuals aged 21 or over who satisfy the Club’s eligibility and internal selection criteria.
2.2. The Club reserves the right, to the extent permitted by applicable law, to accept or decline an application on the basis of its internal membership criteria.
2.3. For the purpose of reviewing an application, the Club may reasonably require the applicant to provide:
a) 6–8 recent, high-quality photographs;
b) a completed application form and information reasonably required for the requested Services;
c) a copy of a valid identity document, where reasonably required for identity verification;
d) participation in a personal interview or online consultation with a Club representative;
e) where reasonably necessary for the provision of the Services, a current video or video call for identity, presentation or matching purposes; and
f) reasonable cooperation, information and feedback necessary for the proper performance of the Services.
2.4. Unless expressly agreed otherwise, the Club does not conduct independent background, financial, employment, criminal-record or residence checks on Members or potential candidates. Information provided by Members and candidates may therefore be based on their own representations.
2.5. If material information supplied by a Member is found to be knowingly false, deliberately misleading or materially incomplete, the Club may suspend or terminate membership in accordance with these Terms and applicable law.
3. Conclusion of the Agreement3.1. The Agreement is concluded when the Club has accepted the Member’s application and the required membership fee has been credited to the Club’s designated account, unless the Parties expressly agree otherwise in writing.
3.2. Payment of the membership fee following acceptance of the application constitutes the Member’s acceptance of these Terms.
3.3. The Agreement may be concluded electronically and does not require handwritten signatures unless applicable law or a separate agreement requires otherwise.
3.4. If an applicant does not agree to these Terms, the applicant must not purchase or use the Services.
3.5. The relationship between the Parties may be further regulated by an individual offer, membership package, privacy documentation or a separate written agreement relating to additional or personalized Services. In the event of a conflict, the more specific individually agreed provision shall prevail to the extent permitted by law.
4. Fees and Payment4.1. Unless expressly agreed otherwise, the Services are provided on a 100% prepayment basis.
4.2. The applicable fee is determined by the selected membership level or individual offer and is communicated to the Member before conclusion of the Agreement.
4.3. The tax treatment of the fee, including whether VAT is chargeable, shall be stated in the applicable invoice or payment document in accordance with the Club’s current tax status and applicable law.
4.4. Unless otherwise stated in the invoice or individual offer, membership fees are payable in EUR to the account designated by the Club.
4.5. If an agreed payment is not made in full or on time, the Club may suspend performance of the Services until the outstanding amount has been paid, subject to applicable law
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5. Right of Withdrawal and Refunds5.1. Where the Member enters into the Agreement as a consumer by means of distance communication, the Member has the statutory right to withdraw from the Agreement within 14 days from the date on which the Agreement was concluded, unless an applicable statutory exception applies.
5.2. If the Member expressly requests that the Club begin providing the Services before expiry of the 14-day withdrawal period, the Club may begin performance accordingly.
5.3. If the Member exercises the statutory right of withdrawal after performance has begun at the Member’s express request, the Member shall pay an amount proportionate to the Services provided up to the time when the Club was informed of the withdrawal, in accordance with applicable law.
5.4. Where the Services have been fully performed before expiry of the withdrawal period following the Member’s express prior request and acknowledgement that the right of withdrawal will be lost upon full performance, the right of withdrawal shall cease to apply to the extent permitted by law.
5.5. Any refund or cancellation outside the statutory right of withdrawal shall be governed by the applicable membership package, individual offer or separate written agreement, subject to mandatory law.
5.6. Where required by applicable consumer law, the Club shall make available the relevant information and model withdrawal form.
6. Suspension and Termination of Membership6.1. The Club may suspend or terminate membership where there is a material breach of these Terms, including in particular:
·a material breach of confidentiality;
·knowingly false or deliberately misleading information;
·seriously inappropriate, threatening, aggressive or disrespectful conduct toward the Club, its representatives, Members or candidates;
·repeated and material deviation from agreed search criteria in a manner that makes continued performance of the Services objectively impracticable;
·fraud, attempted deception, blackmail or other unlawful conduct;
·knowingly false or defamatory statements that materially harm the legitimate interests of the Club or another Member;
·use of introductions primarily for financial, commercial or other purposes unrelated to establishing a genuine personal relationship;
·failure to maintain reasonable contact with the Club for more than 45 days where such contact is necessary for continued performance of the Services; or
·other serious conduct materially incompatible with the legitimate standards, confidentiality or purpose of a private membership club.
6.2. Where appropriate in light of the seriousness of the breach, the Club may first request corrective action before terminating membership.
6.3. Where membership is terminated due to a material breach by the Member, any financial settlement shall be determined with regard to the Services already performed, the applicable membership package or individual agreement, and mandatory law.
7. Confidentiality and Data Protection 7.1. The Club processes personal data in accordance with applicable data-protection legislation, including Regulation (EU) 2016/679 (GDPR), and its Privacy Policy.
7.2. Personal information concerning Members and potential candidates is treated as confidential and is disclosed only where necessary for the provision of the Services, where the data subject has agreed to such disclosure, where disclosure is required by law, or where another lawful basis applies.
7.3. Introductions between Members or candidates take place only where the Club has obtained the appropriate consent or authorization from the persons concerned.
7.4. Detailed information concerning the categories of personal data processed, purposes, legal bases, retention periods, recipients and data-subject rights is contained in the Club’s Privacy Policy (Annex 1), which forms an integral part of these Terms.
8. Liability8.1. The Club is responsible for the professional and diligent provision of the Services within the scope of the agreed membership and its applicable methodology.
8.2. The Club is not responsible for personal decisions made by Members or candidates, emotional experiences, the outcome or duration of relationships, or the independent actions of third parties, except to the extent that liability cannot lawfully be excluded or limited.
8.3. Nothing in these Terms excludes or limits liability or statutory rights where such exclusion or limitation is prohibited by applicable law.
9. Force Majeure9.1. Neither Party shall be liable for delay or failure to perform an obligation to the extent caused by an event beyond that Party’s reasonable control, including natural disasters, armed conflict, governmental measures, major telecommunications or infrastructure failures, cyberattacks, or comparable extraordinary events.
9.2. The affected Party shall notify the other Party without undue delay where reasonably possible and shall take reasonable steps to mitigate the effects of the event.
9.3. If a force majeure event materially prevents performance for an extended period, the Parties shall seek a reasonable solution regarding continuation, suspension or termination of the affected Services, subject to applicable law.
10. Applicable Law and Dispute Resolution10.1. The Agreement and these Terms are governed by the laws of the Czech Republic, without prejudice to mandatory consumer-protection rules that may apply to a Member residing in another jurisdiction.
10.2. The Parties shall first attempt to resolve any dispute amicably.
10.3. If an amicable resolution cannot be reached, disputes shall be resolved by the competent courts determined under applicable law. Nothing in these Terms limits any mandatory jurisdictional rights available to consumers.
10.4. Where applicable, a consumer may use the competent Czech alternative dispute-resolution mechanism in accordance with applicable consumer-protection legislation.
11. Final Provisions11.1. The Club may amend these Terms from time to time for future Agreements or where reasonably necessary due to changes in law, regulatory requirements, the Services or the operation of the Club.
11.2. Any material amendment affecting an existing Member shall be communicated to that Member in an appropriate manner and shall apply subject to the Agreement concluded with that Member and applicable law.
11.3. Amendments shall not retroactively deprive a Member of rights already acquired under an existing Agreement unless permitted by applicable law and expressly agreed where required.
11.4. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain effective to the fullest extent permitted by law.
11.5. These Terms remain effective until replaced or withdrawn by the Club, without prejudice to Agreements already concluded.
PRIVACY POLICY (Annex)In Prague, ____________________