Approved
By Order of the General Director
“VER VAR” CJSC No. 0325-01 dated 01.03.2025
PUBLIC OFFER AGREEMENT
for the provision of climbing services at the VER VAR climbing gym
Yerevan
1. GENERAL PROVISIONS
1.1 This Agreement is a public offer (proposal) made by “VER VAR” CJSC, represented by the Director, Anait Agadzhanian, hereinafter referred to as the “Service Provider”, to any legally capable individual or legal entity, hereinafter referred to as the “Customer”, who accepts this offer under the terms and conditions set forth below.
1.2 In accordance with Article 465, Paragraph 2 of the Civil Code of the Republic of Armenia (CC RA), upon acceptance of the terms set forth below and payment for services, the legal or natural person who accepts this offer becomes the Customer (in accordance with Article 467, Paragraph 3 of the CC RA, the acceptance of the offer is equivalent to the conclusion of an agreement under the terms set forth in the offer), and the Service Provider and the Customer together are referred to as the “Parties” to this Agreement.
1.3 This offer is available for review on the Service Provider’s website at https://vervar.am/ (hereinafter referred to as the “Website”).
1.4 The validity period of this offer is determined for the entire period of operation of the “VER VAR” CJSC at the following address: Armenia, Yerevan, M. Khorenatsi St., 28, or until it is canceled or amended by the Service Provider.
1.5 The terms, cost, and procedure for providing services are determined at the time of payment and correspond to the current prices (Price List) published on the Service Provider’s Website. The Customer independently selects services from this section, confirming the selection of services by paying for them.
1.6 Place of service provision: Yerevan, M. Khorenatsi St., 28
Hereinafter – the Climbing Gym.
Services are provided during the established operating hours of the Climbing Gym.
1.7 The terms of this offer may be amended unilaterally by the Service Provider. Information about any changes to the offer and/or a new version of the offer will be published on the Website https://vervar.am/ at least 3 days before the changes take effect.
2. SUBJECT OF THE AGREEMENT
2.1 The Service Provider provides the Customer with sports services, which include: access to the Climbing Gym, use of the “Sport climbing” and “Bouldering” Climbing Gyms, services of climbing coaches and instructors, conducting group and individual training sessions, organizing sports and other events, use of sports equipment and gear, other property available for the Customer’s use within the Climbing Gym, and other related services (e.g., use of the warm-up area, etc.), with the Customer paying for the selected services.
2.2 If the services are to be used by a minor child, the legal representative of the minor enters into this Agreement. In this case, the legal representative of the minor confirms that the minor does not have any medical conditions for engaging in physical activities and sports, including climbing, and fully assumes responsibility for the health, safety, and life of the minor child.
2.3 The Customer is informed of the list of services, their cost, and the duration of their provision, which is determined by the Service Provider and the relevant information is posted on the Website, the information board. For sports competitions, festivals, and other events, the cost and terms of participation are separately and in advance established in the Regulations for competitions, festivals, and events.
2.4 In case of technical malfunctions or repair work on any equipment or Climbing Gyms at the Climbing Gym, the Service Provider has the right to prohibit their use, informing Customers by posting relevant information on the Website, social media groups, and/or information boards at the Climbing Gym.
2.5 To obtain services at the Climbing Gym, the Customer purchases a subscription or a single entry ticket for themselves and/or any accompanied minor/adult visitor at the price indicated on the Website. The ticket must be activated (used) at the time of purchase. Additional services, such as instructor services, individual or group training sessions, equipment rentals, and others, are charged separately at the price indicated on the Website. Upon expiration of the ticket, the Service Provider’s obligation to provide services is considered fulfilled. The services are deemed provided, and the signing of an act of rendered services by the Parties is not required. If the Customer/accompanied minor visitor leaves the Climbing Gym during the ticket’s validity period, the service is also considered provided, and re-entry using the same ticket is not allowed, unless specified by the ticket’s tariff.
2.6 The purchase of a ticket is confirmed by a cash receipt. The number of tickets sold may be limited at the Service Provider’s discretion.
2.7 The use and/or payment for the services of the Service Provider at the Climbing Gym, as provided in the Price List, indicates the Customer’s full awareness and unconditional acceptance of the services offered, their cost, content, as well as this Offer Agreement, the Safety Rules, and other appendices to the Offer. This Agreement, in accordance with Article 459 of the Civil Code of the Republic of Armenia, is an adhesion contract and is fully accepted by the Customer along with all of its terms. In case of disagreement, the Service Provider has the right to refuse the Customer services unilaterally without judicial proceedings. The Customer has the right to review the full terms of the Offer before accepting it
3. OBLIGATIONS OF THE PARTIES
3.1 The Service Provider undertakes to:
3.1.1 Provide services to the Customer in accordance with the procedures and conditions established in this Agreement.
3.1.2 Ensure the provision of high-quality basic and additional services. Take timely measures to prevent and correct any deficiencies in the quality of services provided. Inform the Customer promptly about any changes in the structure of services, terms of provision, and prices by posting relevant information on the Website, on social media (such as Instagram), and on information boards located at the Climbing Gym.
3.1.3 Monitor and maintain the functionality of sports equipment, exercise machines, and other equipment located on the Service Provider’s premises, as well as the technical equipment and property of the Climbing Gym. In the event of equipment malfunction, rectify the issue within a reasonable timeframe.
3.1.4 Warn the Customer about potential consequences of improper use of the climbing facilities, other equipment, and/or property located on the Service Provider’s premises, provide necessary gear and equipment under the Service Provider’s terms, and offer other services as needed.
3.1.5 Ensure compliance with the current fire safety and sanitary regulations of the Republic of Armenia.
3.1.6 Maintain the confidentiality of the Customer’s information obtained during the conclusion of the Agreement, except in cases stipulated by the legislation of the Republic of Armenia.
3.2 The Customer Undertakes:
3.2.1 To pay for the services provided by the Service Provider in accordance with the terms of this Agreement, as well as the prices and conditions published on the Website and other sources specified in this Agreement, or to present a document confirming the payment for the Service Provider’s services.
3.2.2 To present proof of a valid Subscription or Ticket to the Service Provider’s staff upon request when visiting the Climbing Gym.
3.2.3 To return the Service Provider’s equipment and other property in good condition upon completing the visit to the Climbing Gym.
3.2.4 To familiarize themselves, prior to the commencement of services, participation in competitions and events, and before making payment, with the Safety Rules and Climbing Gym Regulations, the terms and prices of the services provided by the Service Provider, this Agreement, and its annexes, including the rules regarding minors attending classes. For convenience, the Safety Rules and Climbing Gym Regulations, prices, service duration, and conditions are published on the Website and displayed on the information board at the Climbing Gym. If any section of the Safety Rules is unclear, the Customer undertakes to consult the Service Provider’s staff or a coach for clarification before starting training and using the Climbing Gym equipment.
3.2.5 To strictly comply with the Safety Rules and Climbing Gym Regulations outlined in the annexes to this Agreement. To ensure that minor visitors under their supervision fulfill their obligations under this Agreement.
3.2.6 To unconditionally and immediately follow the instructions of the Service Provider’s staff and other persons operating under agreements with the Service Provider on the Climbing Gym premises regarding compliance with this Agreement and the Safety Rules.
3.2.7 To maintain public order and generally accepted norms of behavior, treat other visitors and staff with respect, and avoid actions that may endanger themselves and others.
3.2.8 To complete all required registration procedures (if necessary) before visiting the Climbing Gym. During their first visit, to sign the acknowledgment sheet confirming familiarity with the Safety Rules. If accompanying a minor, their legal representative must sign on their behalf.
3.2.9 To treat the Climbing Gym’s property and equipment with care. In case of damage or loss of property or equipment located on the Climbing Gym premises, including as a result of actions or inaction of a minor visitor accompanied by the Customer, the Customer undertakes to compensate the Service Provider for the full cost of the damage based on the market value of the property/equipment at the time of reimbursement.
3.2.10 To immediately stop using any equipment or property upon detecting a malfunction and to report it to the Service Provider’s staff.
3.2.11 Not to bring firearms, gas, pneumatic, or cold weapons, sharp objects, explosives, flammable substances (including firecrackers, sparklers), toxic substances, strong-smelling substances, narcotic drugs, alcoholic beverages, or any other items and substances that pose a security threat to visitors and staff onto the Climbing Gym premises.
3.2.12 When visiting the Climbing Gym with animals, the Customer undertakes to comply with the rules outlined in Annex No. 3 of this Agreement, “Rules for Visiting with Animals,” and assumes full responsibility for their pet.
3.2.13 To independently undergo a medical examination to assess the potential impact of the chosen services on their health and, upon the Service Provider’s request, provide a written medical clearance permitting participation in the services provided by the Service Provider.
3.2.14 To follow the recommendations of the Service Provider’s staff regarding the intensity and duration of visits to the Climbing Gym and the use of its equipment.
3.2.15 To refrain from using the Service Provider’s services if the Customer and/or an accompanied minor has medical conditions, including but not limited to acute infectious (including skin) diseases, open wounds, exacerbations of chronic conditions, conditions affecting coordination and consciousness, until full recovery or remission of the chronic condition. The Customer must also refrain from services during pregnancy unless a doctor has granted permission for training. The Service Provider bears no responsibility for harm to the Customer’s life or health resulting from failure to comply with this provision.
3.2.16 In case of a sudden deterioration in health, the Customer must immediately inform a Service Provider’s staff member, discontinue the use of equipment, and leave the training area. If no staff member is present, they must notify any nearby person. A Customer who becomes aware of another visitor’s health deterioration is advised to promptly call an ambulance and inform a Service Provider’s staff member.
3.2.17 If purchasing a promotional/discounted/free subscription or ticket (during promotional periods, contest winnings in the Service Provider’s social media groups, etc.), the Customer must present an identity document and any additional documents required by the promotion terms. Otherwise, the Service Provider reserves the right to deny the Customer access to the Climbing Gym under these conditions.
4. RIGHTS OF THE PARTIES
4.1 The Service Provider has the right to:
4.1.1 Establish mandatory Safety Rules and Climbing Gym Visitation Rules for the Customer and any accompanying minors, as well as make amendments to them. These Safety Rules are published on the official website of the Service Provider and posted on the information board at the Climbing Gym. The current version of the Safety Rules is an integral part of this Agreement.
4.1.2 Unilaterally terminate this Agreement out of court in cases of: the Customer failing to make payment for services within the established deadlines or failing to provide proof of payment (subscription, gift certificate); the Customer reporting the presence of medical conditions for themselves and/or an accompanying minor to visit the Climbing Gym; the Customer and/or the accompanying minor failing to comply with the terms of this Agreement, the Safety Rules, and the Climbing Gym Visitation Rules; the Customer arriving more than 20 minutes late for a private training session; or in other cases that hinder the provision of services by the Service Provider.
4.1.3 Require the Customer and/or any accompanying minors to comply with the terms of this Agreement, the Safety Rules, the Climbing Gym Visitation Rules, as well as generally accepted norms of behavior in public places.
4.1.4 In case of a breach of this Agreement, the Safety Rules, or the Climbing Gym Visitation Rules by the Customer, the Service Provider has the right, without prior notice, to require the Customer to leave the Climbing Gym without refunding the cost of services.
4.1.5 Fully or partially suspend the provision of services if the voluntary or involuntary actions of the Customer or an accompanying minor create a threat to their own life and/or health, as well as to the life and/or health of other visitors, employees of the Service Provider, and/or such actions violate the Safety Rules and the Climbing Gym Visitation Rules.
4.1.6 Refuse to enter into this Agreement and/or provide services, as well as prohibit any visitor from remaining on the premises of the Climbing Gym without providing a reason.
4.1.7 Fully or partially suspend the provision of services when necessary for repairs, equipment maintenance, sanitation, hygiene measures, or other reasons preventing the safe provision of services.
4.1.8 Independently determine the amount and procedure for compensation for damage or loss of the Service Provider’s property.
4.1.9 Independently determine and modify service prices, the Price List, the terms of this Agreement, the Safety Rules, and other annexes without prior agreement with the Customer, ensuring that the updated terms are published on the Service Provider’s website. The changes take effect and become binding from the date they are published on the Service Provider’s website.
4.1.10 Stop accepting payments and restrict visitor access to the Climbing Gym or certain areas in case of maximum capacity being reached to ensure the safety of visitors and staff.
4.1.11 Modify working hours and/or restrict visitor access to the Climbing Gym or specific areas due to corporate events, sports competitions, or technical work, provided that the relevant information is posted on the Climbing Gym’s information board and/or the official website at least three (3) calendar days before such restrictions take effect.
4.1.12 Conduct photo and video recording of the Customer and visitors, including minors, for the purposes of safety, service quality control, and marketing materials.
4.1.13 Introduce additional measures and restrictions on the Climbing Gym’s premises, not covered by this Agreement, to ensure security, sanitation, and comfortable visitation conditions.
4.1.14 Establish and modify the operating hours of the Climbing Gym at its discretion, with mandatory notification of Customers via the Service Provider’s website and information boards.
4.1.15 Establish and modify the schedule of group training sessions.
4.1.16 Engage third parties to provide services without notifying or obtaining the consent of the Customer or visitors.
4.1.17 Require the presentation of documents verifying the Customer’s age, identity, and eligibility for any applicable discounted visitation conditions. If such documents are not provided, the Service Provider has the right to deny the Customer access to services and the Climbing Gym.
4.1.18 Deny entry to the Climbing Gym and require immediate departure from the premises if the Customer exhibits signs of alcohol, drug, or toxic intoxication.
4.2 The Customer has the right to:
4.2.1 Use the paid services provided by the Service Provider in accordance with this Agreement and its annexes.
4.2.2 Receive equipment and gear necessary for the safe operation of the Climbing Gym, as well as equipment located within the Climbing Gym area, under the terms set by the Service Provider.
4.2.3 Request and obtain up-to-date and accurate information about the list of services offered by the Service Provider and their costs.
4.2.4 Freely familiarize themselves with the Safety Rules and the Rules for visiting the Climbing Gym, as well as receive clarifications from the Service Provider’s staff regarding safety and order at the Climbing Gym.
4.2.5 Suspend (freeze) their membership once during its validity period, in case of a valid reason confirmed by a medical certificate: injury or illness.
4.2.6 Send their feedback, suggestions, and comments to the Service Provider via email at yerevanclimbingcenter@gmail.com, through the official social media groups, or by directly informing the Service Provider’s staff.
5. PAYMENT TERMS AND PROCEDURE
5.1 All information regarding the services, their provision timelines, and costs shall be provided to the Customer before the commencement of the services by posting it on the official website of the Climbing Gym.
5.2 Payment for the services stipulated in this Agreement must be made by the Customer prior to the commencement of their provision, in accordance with the prices approved by the Service Provider. The Visitor shall pay for the Service Provider’s services through advance payment of 100% of the cost of services before their provision.
5.3 The purchase of a membership/subscription/certificate/ticket guarantees the right to enter and stay on the Climbing Gym premises under the terms outlined in this Agreement, the Safety Rules, and the Rules for visiting the Climbing Gym, for the duration for which the service was purchased.
5.4 Payment can be made by depositing the cost of the selected services (in Armenian dram) in cash or non-cash form (by bank card), or by transferring funds to the Service Provider’s legal entity account, JSC “VER VAR”, tax identification number: 00521284.
5.5 For the purpose of familiarizing themselves with the Climbing Gym or visiting the café, visitors may enter the premises of the Climbing Gym; however, they are prohibited from using climbing stands, equipment, and property located on the premises of the Climbing Gym.
6. LIABILITY OF THE PARTIES, DISPUTE RESOLUTION
6.1 The Parties are responsible for non-performance or improper performance of all obligations under this Agreement in accordance with the terms of this Agreement and the applicable laws of the Republic of Armenia.
6.2 The Customer assumes all possible risks related to their actions and the actions of any accompanied minors, as well as for any errors or inaccuracies in the personal data provided to the Service Provider.
6.3 The Service Provider is not liable for any losses or moral damages incurred by the Customer due to a misunderstanding or misinterpretation of information regarding the procedure for registration/payment of subscriptions, tickets, or the receipt and use of services, equipment, gear, purchased goods, etc.
6.4 Under no circumstances shall the Service Provider’s employees, officers, or any other associated parties, sponsors, intermediaries, representatives, partners, including those acting on behalf of the Service Provider, be held liable for any direct or indirect losses resulting from unauthorized sales of subscriptions, certificates, tickets, or services, as well as from unauthorized access to the Customer’s personal data, including lost profits.
6.5 The Service Provider is not liable for services provided to the Customer on the premises of the Climbing Gym by third parties.
6.6 The Service Provider is not responsible for any harm caused to the life or health of the Customer, or their property, in the event of improper performance by the Customer of their obligations under this Agreement, violation of the Service Provider’s staff instructions, safety rules, and Climbing Gym visit rules, which are an integral part of this Agreement.
6.7 The Customer fully assumes responsibility for their own health and the health of any accompanied minors. The Service Provider is not responsible for any deterioration in the Customer’s health or any injuries sustained during physical fitness services provided at the Climbing Gym, including in connection with the use of the Service Provider’s equipment, except in cases where the harm was directly caused by the Service Provider’s wrongful actions.
6.8 The Service Provider is responsible for the safekeeping of the Customer’s belongings only if they were handed over for storage at the Climbing Gym reception. The Service Provider is not responsible for the Customer’s property or that of any accompanied minors, including personal items (including those that are lost or left unattended) while the Customer or the minor visitor is on the premises of the Climbing Gym. All lost items are stored by the Service Provider for one (1) month.
6.9 Claims by the Customer related to property damage or injury and deterioration of health due to wrongful actions of third parties (including other clients of the Service Provider) must be presented directly to the responsible party.
6.10 Third parties (including other clients of the Service Provider) have the right to make claims against the Customer for property damage or injury and deterioration of health if such incidents were the result of wrongful actions by the Customer.
6.11 The Customer is responsible for any damage to the Service Provider’s inventory, equipment, and other property.
6.12 By agreeing to the terms of this Agreement, the Customer acknowledges that they are not entitled to claim compensation for moral or material damage, or harm to their health, either during the term of this Agreement or after its expiration, except in cases provided by the legislation of the Republic of Armenia.
6.13 The Service Provider is not responsible for technical inconveniences caused by seasonal, preventive, or emergency work carried out by the property owners of the Climbing Gym, nor for wrongful actions of other tenants of the building or neighboring premises.
6.14 The Parties are exempt from liability for partial or complete non-performance of their obligations under this Agreement if such non-performance is a result of force majeure circumstances (force majeure), which arose after the conclusion of this Agreement due to natural disasters such as floods, fires, earthquakes, and other natural phenomenal and/or extraordinary events, including but not limited war, military actions, blockades, prohibitive actions of authorities, acts of government bodies, destruction of communications and energy supply, explosions occurring during the term of this Agreement that the Parties could not have foreseen or prevented.
6.15 All claims related to this Agreement must be made in writing within ten days of their occurrence, along with supporting documents. Claims made after this period will not be considered.
6.16 In case of failure to reach an agreement, disputes shall be resolved in the courts in accordance with the legislation of the Republic of Armenia.
7. FINAL PROVISIONS
7.1. This Agreement, the Safety and Climbing Gym Visit Rules are made available for public access in the premises of the Climbing Gym and on the official website of the Service Provider.
7.2. By accepting this Agreement, the Customer confirms their legal capacity, financial solvency, and acknowledges responsibility for the obligations imposed on them as a result of entering into this Agreement.
7.3. By accepting this Agreement, the Customer confirms their awareness that climbing is a risky sport and assumes responsibility for their actions and all risks of negative consequences for themselves and others.
7.4. By accepting this Agreement, the Customer confirms that they have no medical conditions for engaging in sports, including climbing, and assumes responsibility for their health and the health of the accompanied minor(s) who visit the Climbing Gym with them.
7.5. By accepting this Agreement, the Customer confirms that they are familiar with and agree to the Safety and Climbing Gym Visit Rules, and acknowledges that the instructions and explanations regarding these Rules have been provided.
7.6. From the moment of entering into this Agreement and until the termination of the Parties’ obligations under the Agreement, as well as until the expiration of the data retention periods established by the laws of the Republic of Armenia, the Customer agrees to the processing of their and/or the accompanied minor’s personal data, as well as to the transfer (distribution, provision, access) of this data to third parties for processing assigned by the Service Provider in the performance of the Agreement. The consent provided in this clause applies to cases where such consent is required under the applicable laws of the Republic of Armenia.
7.7. Personal data includes: surname, first name, patronymic of the data subject, date of birth, the number of the primary identification document, details of the issuance of that document and the issuing authority, phone number, email address, health information, photograph.
7.8. The processing of personal data is carried out for the purpose of fulfilling this Agreement, including for the purposes of providing customer service and informational support, including for inclusion in the data for informational and reference services, providing services, collecting debts, storing contracts and other documentation, and for other purposes directly related to the performance of the Agreement, as well as for compliance by the Service Provider with the requirements of the laws of the Republic of Armenia.
7.9. In order to ensure security at the Climbing Gym, video surveillance may be conducted. The Customer agrees that any recordings involving them and/or their accompanied minor may be transferred to law enforcement agencies upon request, in accordance with the laws of the Republic of Armenia. The Customer and an accompanied minor acknowledge and agree that their photo and/or video images, as well as the photo and/or video images of the accompanied minor, taken on the premises of the Climbing Gym, may be posted by the Service Provider on the official website and in the Service Provider’s social media groups (Instagram and others) without any compensation.
7.10. For all matters not covered by this Agreement and its annexes, the Parties are governed by the laws of the Republic of Armenia. Any disputes or disagreements arising between the Parties under this Agreement or in connection with it shall be resolved through negotiations, and if they cannot be resolved, through judicial proceedings.
7.11. The annexes to this Agreement are:
– Annex No. 1: Safety and Climbing Gym Visit Rules for “VER VAR”
– Annex No. 2: Privacy Policy
– Annex No. 3: Rules for Visiting with Animals
– Annex No. 4: Price List for Services
8. Service Provider DETAILS
Organization Name:
CJSC “VER VAR”
Registration Number: 286.120.1341556
Taxpayer Identification Number (TIN): 00521284
Address: Republic of Armenia, Yerevan, M. Khorenatsi Street, 28