1. What is the penalty for getting a fitness card?
Article 585 of the Civil Code stipulates the punishment for fitness cards.
Liquidated damages The parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party according to the situation of the breach, and may also agree on the calculation method of the amount of compensation for losses caused by the breach.
If the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase the liquidated damages at the request of the parties; If the agreed liquidated damages are excessively higher than the losses caused, the people's court or arbitration institution may appropriately reduce them at the request of the parties.
If the parties concerned pay liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.
2. What are the legal provisions for liquidated damages?
Liquidated damages refer to the money that one party should pay to the other party for breach of contract according to the agreement of the parties or the direct provisions of the law. The subject matter of liquidated damages is money, but the parties may also agree that the subject matter of liquidated damages is other property than money. There are statutory liquidated damages and agreed liquidated damages. The liquidated damages directly stipulated by law are statutory liquidated damages.
The liquidated damages are agreed by the parties, which is the agreed liquidated damages. Agreed liquidated damages is a kind of contractual relationship, and some of them are called liquidated damages contracts. The liquidated damages contract is a kind of commitment contract, which is different from the deposit contract and does not require advance payment. The agreed liquidated damages can be regarded as a conditional contract, and the liquidated damages contract will only take effect in case of breach of contract; If there is no breach of contract, the liquidated damages contract will not take effect.
There are many kinds of breach of contract, but the liquidated damages contract can be divided into generality and concreteness. General liquidated damages contract refers to that the parties generally agree to pay liquidated damages for any breach of contract without making any specific distinction. Specific liquidated damages contract refers to the liquidated damages for different breach situations agreed by the parties, such as liquidated damages for non-performance, liquidated damages for partial performance and liquidated damages for delayed performance.
If the parties have an agreement on liquidated damages, when one party breaches the contract, it shall pay the liquidated damages as agreed. If the agreed liquidated damages are lower than the losses caused, the parties may request the people's court or arbitration institution to increase them; If the agreed liquidated damages are excessively higher than the losses caused, the parties may request the people's court or arbitration institution to reduce them appropriately.
People in contemporary society advocate a healthy life very much, so it is often seen that some office workers will choose to go to the gym for fitness after work, and then they need to buy a fitness card. If there is a breach of contract in this process, you still need to bear the liability for breach of contract.