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General terms and conditions
GENERAL TERMS AND CONDITIONS EXCLUSIVE GYM (translation; in case of any discrepancy, the Dutch version prevails)
Article 1. PARTIES AND DEFINITIONS
In these general terms and conditions, the following definitions apply:
1.1 Exclusive Gym: Exclusive Gym – registered with the Chamber of Commerce under number: 82611440 – is a general partnership (V.O.F.) focused on providing personal training, coaching and workshops to promote a fitter and healthier life, located in Den Helder at Industrieweg 14 D, (1785AG), user of these general terms and conditions
1.2 Further details of Exclusive Gym:
Website: www.exclusivegym.nl
Email: info@exclusivegym.nl
Phone number: 0223 – 23 99 90
VAT identification number: NL862538518B01
1.3 Agreement: The agreement, based on these general terms and conditions, in which The Client and Exclusive Gym agree in writing, after consultation with the personal trainer, which activities Exclusive Gym will provide to The Client.
1.4 Personal training membership: A membership entered into between The Client and Exclusive Gym by registration. These general terms and conditions apply accordingly.
1.5 HYROX membership: A membership in which The Client subscribes to one (1), two (2) or three (3) training credits per week for participation in HYROX group classes, as offered by Exclusive Gym, under the conditions laid down in these general terms and conditions.
1.6 The Client: Natural person (m/f) or legal entity that uses and/or purchases the services of Exclusive Gym.
1.7 The Assignment: The services to be provided by Exclusive Gym in response to an (individual) assignment given by The Client to Exclusive Gym.
1.8 Practice address: The location where the practice of Exclusive Gym is carried out.
Article 2. APPLICABILITY
2.1 These general terms and conditions form part of all correspondence, documentation, (future) offers and other agreements and contractual relationships between Exclusive Gym and The Client,
2.2 Deviations from these terms and conditions only apply insofar as they have been agreed in writing by the parties prior to the conclusion of The Assignment.
2.3 The applicability of purchasing or other terms and conditions of The Client is expressly rejected and has never been accepted by Exclusive Gym.
2.4 Third parties involved by Exclusive Gym in the performance of the agreement may also invoke these general terms and conditions.
2.5 If one or more of the provisions in these general terms and conditions are void or annulled, the other provisions remain fully applicable. The parties will then consult in order to agree new rules to replace the void or annulled provisions, in which the purpose and intent of the void or annulled provisions are reflected as much as possible.
2.6 Exclusive Gym is entitled to change these general terms and conditions at any time. The amended terms and conditions apply immediately. The latest version of the general terms and conditions will always be published on the Exclusive Gym website.
Article 3. TIME AND PLACE
3.1 Upon confirmation of registration, Exclusive Gym will inform The Client where and when The Client is expected. This will be discussed with The Client in advance.
3.2 If an appointment cannot take place for whatever reason, Exclusive Gym will choose to schedule a new appointment in consultation with The Client.
3.3 Appointments must be cancelled by phone or in writing at least 24 hours in advance by both Exclusive Gym and The Client. If The Assignment is not cancelled on time by The Client, the training session will be charged. If Exclusive Gym does not cancel the appointment on time, the training will be made up at a later agreed time.
Article 4. OFFER AND ASSIGNMENT
4.1 Every offer, in the form of a quotation or otherwise, is entirely and unconditionally without obligation and revocable and is valid for 30 days, unless otherwise indicated in writing by Exclusive Gym.
4.2 Each offer can only be accepted once and therefore does not apply to a later Assignment, unless otherwise stipulated.
4.3 The prices stated on the website or in any other form of offer are in euros, include VAT and are subject to levies, surcharges and other factors. The prices on the website are expressly indicative only and therefore not binding.
4.4 An Agreement is concluded after The Assignment, in the form of a quotation, membership or otherwise, has been accepted and signed by The Client and Exclusive Gym has confirmed the conclusion of the agreement in writing. With regard to the conclusion of an assignment, Exclusive Gym can only be represented by its owners, Joy Berendsen and Kristien Jonker.
4.5 The agreement comprises all arrangements made between The Client and Exclusive Gym about the services to be offered and provided. These arrangements are all confirmed in writing by Exclusive Gym after an intake meeting with The Client, unless otherwise agreed.
4.6 Exclusive Gym is free to have the agreement carried out by third parties. Article 7:404 of the Dutch Civil Code is expressly excluded from the agreement.
4.7 When engaging third parties, Exclusive Gym will always exercise due care. However, Exclusive Gym is not liable for any shortcomings of these third parties.
4.8 If, during the performance of The Assignment, it appears that for its proper performance it is necessary to change or supplement the work to be carried out, the parties (Exclusive Gym and The Client) will adjust The Assignment accordingly in a timely manner and in mutual consultation.
4.9 Obvious slips of the pen and mistakes in the offer are not binding on Exclusive Gym.
Article 5. OBLIGATIONS OF THE CLIENT
5.1 The Client is obliged to provide all information, data and documents which Exclusive Gym, in its judgement, needs to correctly carry out the Assignment, in a timely manner and in the desired form and way. The Client guarantees the accuracy, completeness and reliability of the data and documents made available to Exclusive Gym.
5.2 The Client undertakes to make an effort to create a safe situation for themselves and for others. This includes, among other things:
5.3 The Client expressly bears the risk for damage caused by:
5.4 The Client is obliged to report mental and/or physical limitations, injuries, operations or other forms of pain, discomfort or abnormal fatigue before, during or after an appointment/training session, as well as changes in their mental and/or physical condition during The Assignment.
5.5 If, in the opinion of Exclusive Gym, The Client's profile proves unsuitable, or The Client displays behaviour or omissions as a result of which (further) participation by The Client poses a risk to (the property of) The Client, Exclusive Gym or third parties, or insufficient guidance can be offered to The Client or other participants, Exclusive Gym has the right to end The Client's further participation. The Client is not entitled to a refund or compensation.
5.6 For the safety of The Client and third parties, The Client is obliged to follow all directions or instructions given by Exclusive Gym and its trainers.
5.7 Participation in an Assignment (training) involves risks and requires a good physical and mental condition. Clients are aware of this and confirm that they meet these requirements.
Article 6. PERFORMANCE OF THE ASSIGNMENT
6.1 Exclusive Gym has the obligation, in view of the purpose of The Assignment, to guide The Client(s) as well as possible during The Assignment. The content and the number of clients of the activity are laid down in the agreement concluded. Exclusive Gym performs the work under the agreement to the best of its insight, expertise and ability. However, this is an obligation of effort and expressly not an obligation of result; this means that Exclusive Gym does not guarantee the success of the services arising from the agreement, nor the extent to which these services contribute to the goal set by The Client.
6.2 The agreement is expressly entered into subject to the condition precedent of sufficient availability of trainers and/or location.
6.3 For reasons of health and hygiene, The Client must wear clean sports shoes and clean clothing at the practice address (the gym), bring a towel and have a full bottle of water with them.
6.4 Exclusive Gym reserves the right to refuse assignments and/or dissolve assignments with immediate effect if The Client repeatedly fails to appear as agreed, does not pay Exclusive Gym invoices within the set term, or exceeds the contract term after repeated cancellations, without being obliged to pay any form of compensation and without a notice of default being required. In such a case, a (partial) refund of the amount paid will never take place.
6.5 Exclusive Gym is entitled at all times to replace a trainer charged with providing The Assignment with another trainer.
6.6 The Client enables Exclusive Gym to carry out the Assignment. The Client undertakes to provide the cooperation required for the performance of the agreement by Exclusive Gym.
6.7 Exclusive Gym will endeavour to perform the agreement within the indicated/estimated term. This term is not a strict deadline, so The Client must always first give Exclusive Gym notice of default, setting a reasonable period, before resorting to any remedy.
6.8 The Client accepts that the planning of The Assignment may be affected by, for example, unavailability. Exclusive Gym is therefore entitled, at its own discretion, to postpone The Assignment or move it to another date. This decision does not give rise to any liability on the part of Exclusive Gym.
6.9 Exclusive Gym reserves the right to change the schedule (place and time) and the content (instructors and course material) of The Assignment. In case of insufficient registrations, an Assignment may be cancelled or moved to a later time.
6.10 Exclusive Gym will make every effort to support The Client in achieving the set goals. The guidance of Exclusive Gym therefore has no medical character and cannot be equated with treatment by a (physio)therapist.
6.11 Exclusive Gym has the right to terminate the agreement with The Client with immediate effect for the future by written notice without (further) prior notice of default if:
6.12 The HYROX membership entitles The Client to use one (1), two (2) or three (3) training credits per week, depending on the membership taken out. A training credit only entitles The Client to register for a HYROX group class and not to guaranteed participation in a specific class.
6.13 The Client is at all times responsible for registering for HYROX classes on time via the booking system offered by Exclusive Gym. Participation in a HYROX class depends on availability. If a class is fully booked, The Client cannot take part in that class.
6.14 Exclusive Gym does not guarantee a fixed spot, fixed class times or participation in a specific number of classes per week. When planning the class schedule, Exclusive Gym takes into account the total capacity for all HYROX members together and not the individual availability or preferences of The Client.
6.15 If it structurally appears that the available capacity is insufficient, Exclusive Gym may, at its own discretion, decide to add extra HYROX classes. The Client cannot derive any rights from this and it does not constitute an obligation for Exclusive Gym.
6.16 Not being able to take part in HYROX classes due to full classes, personal unavailability, illness or other circumstances on the part of The Client does not entitle The Client to make-up sessions, compensation, a refund or settlement of training credits.
Article 7. WARRANTY AND LIABILITY
7.1 Every Assignment accepted by Exclusive Gym is an obligation of effort and expressly not an obligation of result. Exclusive Gym can never be held liable for results not achieved. Participation in the services offered by Exclusive Gym under The Assignment is entirely at your own risk.
7.2 Exclusive Gym is not liable for theft, loss, disappearance and/or damage of personal belongings, whatever the cause, arising during or in connection with the services provided by Exclusive Gym.
7.3 Exclusive Gym excludes all liability for damage, injury or illness arising from or related to The Client following the services provided by Exclusive Gym, as well as property damage, non-material damage or loss of income, unless there is attributable intent or gross negligence on the part of Exclusive Gym,
7.4 If, during the performance of an assignment, an event unexpectedly occurs – including an omission – that leads to liability of Exclusive Gym, that liability will be limited to the amount paid out by the insurance taken out by Exclusive Gym in the case in question. If the insurer does not pay out in any case, or the damage is not covered by the insurance, the liability of Exclusive Gym is limited to the amount The Client has paid Exclusive Gym for the performance of the agreement. For agreements with a term longer than six months, this liability is further limited to a maximum of the amount invoiced over the last six months prior to the event causing the damage.
7.5 Except for liability under mandatory law, in the event of any shortcomings in the performance of the Agreement on its part, Exclusive Gym is only obliged to still perform correctly, reasonably and in consultation with The Client, without The Client being able to claim any compensation whatsoever.
7.6 The Client indemnifies Exclusive Gym against claims from third parties who suffer damage in connection with The Client's use of the services and/or facilities of Exclusive Gym, the cause of which is attributable to parties other than Exclusive Gym, such as acts or omissions of The Client. If Exclusive Gym is held liable by third parties on that basis, The Client is obliged to indemnify Exclusive Gym with regard to this damage.
7.7 The Client indemnifies Exclusive Gym against damage suffered by third parties in connection with the Agreement because Exclusive Gym acted, including an omission, on the basis of incorrect, incomplete or late information, data and documents provided by The Client.
7.8 The limitations of liability included under article 8 also apply in the event that an assignment has been wrongly refused and damage results from this.
7.9 The Client declares to be aware that practising sport can involve risks; the use of the services and/or facilities of Exclusive Gym is entirely at the client's own risk and responsibility.
7.10 In all cases, the period within which Exclusive Gym can be held liable for compensation of damage is limited to 12 months. If The Client suffers damage, this must be reported to Exclusive Gym immediately. The Client is obliged to do everything reasonable to limit the aforementioned damage as much as possible.
Article 8. CANCELLATION, TERMINATION OR DISSOLUTION
8.1 If The Client – in the context of The Assignment – has made an appointment but unexpectedly turns out to be unable to attend, the appointment must be cancelled by phone and/or in writing at least 24 hours in advance. If The Client does not appear as agreed and has not used the aforementioned cancellation option, the costs will be charged in full to The Client by Exclusive Gym.
8.2 In the event of an injury or an operation as a result of which an appointment cannot take place, it is possible to temporarily suspend The Assignment, provided this is reported to Exclusive Gym by phone and/or in writing in good time and no later than 24 hours before the next scheduled session. It should be noted that this must concern a serious mental and/or physical limitation or injury, such as fractures, muscle tears and the like, as a result of which The Client is unable to perform any physical activity. When The Assignment is suspended, it is extended and will be resumed within 6 months. If a recognised doctor determines in advance that this will not be possible, the remaining sessions will be refunded to The Client.
8.3 If The Client does not show up for the agreed training session, the amount of the scheduled session will be charged.
8.4 Exclusive Gym is entitled to dissolve the agreement in whole or in part with immediate effect, without any obligation to pay compensation, if The Client does not, or only partially, fulfil their obligations under the agreement.
8.5 Exclusive Gym is entitled to cancel an Assignment up to three days before its performance. The Client will be informed of this without delay. Exclusive Gym will refund the Assignment amount paid by The Client. If The Client makes use of an alternative Assignment offered by Exclusive Gym, the Assignment amount will not be refunded.
8.6 The Client is not permitted to use drugs, alcohol or other narcotic or stimulating substances during or before the training. If the use of such substances is observed, The Client will be removed from the training in progress at that time.
8.7 Unless otherwise agreed, a punch card, if no specific arrangements have been made regarding its validity, is valid for 12 months from the moment of purchase by default. During this period The Client has the right to use the services on the basis of the punch card. After the validity period has expired, all remaining credits on the punch card lapse.
8.8 The Client can in no case claim a refund of the membership fee, unless the refund concerns any down payments.
8.9 If The Client cannot take part in the activity due to illness, The Client is expected to inform Exclusive Gym as soon as possible. All appointments must be cancelled by phone before 08:00 on the day of the training. A new time for the training will then be discussed.
8.10 If clients have purchased a duo package or group package, it is expected that when one of the Clients is ill, the other client(s) will still attend the agreed training. If this is not the case and it has not been reported to Exclusive Gym at least 24 hours in advance, the costs of the training will be charged. No refund will be given.
8.11 In case of late cancellation, Exclusive Gym will charge the costs of the services.
8.12 In case of illness, the agreement can be temporarily paused in consultation with Exclusive Gym. For this, The Client must submit a medical certificate from a recognised doctor to Exclusive Gym.
8.13 Triple cancellation within 30 days (Membership agreement)
This provision only applies to clients with an open training membership. If a client with an open training membership cancels appointments three times within a period of 30 days without meeting the cancellation requirements described in article 8.1, Exclusive Gym reserves the right to suspend access to the facilities and/or services for a period of 30 days.
During this suspension period, no refund of amounts already paid will be given. After the suspension, The Client can resume access to the facilities, provided the cancellation rules are observed. This provision does not apply to clients with a personal training membership or other services that include individual guidance. Exclusive Gym reserves the right, in exceptional cases and at its own discretion, to offer an alternative or take further measures.
Article 9. PRICES AND PAYMENT
9.1 The offer has been arrived at in mutual consultation. By concluding the agreement, the parties consider the prices reasonable and fair.
9.2 Exclusive Gym is entitled at all times to require payment in advance.
9.3 Unless otherwise agreed, payment must be made within 14 days of the invoice date in a manner to be indicated by Exclusive Gym. If this term is exceeded, The Client is in default by operation of law and immediately owes late-payment interest equal to the applicable statutory interest.
9.4 Only payment by transfer to one of the bank or giro accounts in the name of Exclusive Gym, or payment via the mobile card terminal against proper proof of payment, discharges The Client.
9.5 If The Client is in default with the fulfilment of one or more of their payment obligations, Exclusive Gym is entitled to claim from The Client, in addition to the invoice amount and the interest, all extrajudicial collection costs. These can be both the extrajudicial collection costs in accordance with the Dutch Collection Costs Act (WIK) and the associated decree, and the judicial collection costs. The collection costs amount to 15% of the principal sum owed, with a minimum of €40.00.
9.6 Exclusive Gym is entitled to suspend its services in whole or in part if outstanding invoices have not been paid in part or in full.
9.7 The fee of Exclusive Gym is in no way dependent on the result of the Assignment.
9.8 Not attending The Assignment does not cancel the financial obligation towards Exclusive Gym.
9.9 Without the express written permission of Exclusive Gym, The Client is not permitted to set off payment obligations and/or apply suspension and/or withholding.
9.10 Exclusive Gym is entitled to increase its rates, for example by indexing them in line with the applicable inflation rates CPI 2015=100 of Statistics Netherlands (CBS).
In any case, Exclusive Gym is entitled to implement a price increase of up to 3% once a year without the consent of The Client. If Exclusive Gym wishes to implement a higher price increase, it observes a waiting period of 1 month, during which The Client has the right to dissolve the agreement in writing. Failing this, The Client is deemed to agree with the price increase.
9.11 The prices of memberships at Exclusive Gym are based on an average of 42 training weeks per calendar year. This takes into account, among other things, holidays, public holidays and periods in which classes are not offered.
9.12 Not being able or willing to take part in training sessions due to holidays, public holidays, illness, full classes, personal unavailability or other circumstances on the part of The Client does not entitle The Client to a refund, reduction of membership fees or any other form of compensation.
9.13 All memberships at Exclusive Gym are subject to a one-off registration fee of €25. This registration fee is due at the start of the membership and is non-refundable, regardless of the duration or termination of the membership. If the membership is ended and The Client wishes to resume it, the registration fee will be charged again.
9.14 Only when taking out an open gym membership does The Client owe a deposit of €50 for the access fob provided. This deposit will be refunded after the access fob has been returned correctly and undamaged at the end of the open gym membership.
Article 10. FORCE MAJEURE
10.1 Force majeure means everything understood as such in law and case law, and all external causes, foreseen or unforeseen, over which Exclusive Gym cannot exercise any influence. This includes in any case: weather conditions, illness, injury or death of persons associated with Exclusive Gym, equipment problems, strikes, traffic disruptions, unforeseeable stagnation, disruptions in the supply of energy, transport problems, fire, loss or damage during transport, pandemics, epidemics and government measures.
10.2 Exclusive Gym is not bound by its obligations under the agreement if performance has become impossible due to force majeure. If performance is not possible, the agreement will be dissolved.
10.3 If Exclusive Gym has already partially fulfilled its obligations when force majeure occurs, it is entitled to invoice the part already delivered or performed separately, or to partially credit down payments.
10.4 In the event of illness of the personal trainer, Exclusive Gym reserves the right to cancel the activity or activities concerned. An alternative will be sought in consultation with The Client.
Article 11. PRIVACY
11.1 Exclusive Gym handles The Client's personal data with care. Exclusive Gym is convinced that protecting the privacy of its clients and website visitors is of great importance to its activities. To offer The Client good and personal service, Exclusive Gym needs personal data. The Client must report changes to their personal data to Exclusive Gym immediately.
11.2 Exclusive Gym is obliged to observe strict confidentiality with regard to information received from its clients and visitors. The Client's personal data is used for the administrative purposes of Exclusive Gym. This data is never made available to third parties. Exclusive Gym complies with the GDPR (General Data Protection Regulation).
Contact information obtained through intakes and intake requests via the website is used to send information about the services of Exclusive Gym.
11.3 Exclusive Gym collects The Client's data through an intake meeting and an intake form that must be completed. This is to get a complete picture of The Client's situation so that the services can be fully tailored to it. Collecting this data is necessary for Exclusive Gym to provide its services, and providing the data is therefore a contractual obligation for The Client. This data is also needed for invoicing, for which The Client's name, address and place of residence are required.
11.4 Completed intake forms of clients who completed a programme with Exclusive Gym a year or more ago will be deleted. On request, this data can be deleted earlier, but only after completion of a programme or when the collaboration ends. Training data is kept for possible future reference (should The Client wish to start a new programme at Exclusive Gym in the future). This information can also be fully deleted on request. To do so, an email must be sent to Exclusive Gym.
11.5 Further information about client privacy can be found in the Exclusive Gym privacy statement.
Article 12. INTELLECTUAL PROPERTY
12.1 Exclusive Gym reserves the rights and powers to which it is entitled under the Copyright Act and other intellectual property laws and regulations. Models, methods and instruments developed and/or applied by Exclusive Gym for the performance of The Assignment are and remain the property of Exclusive Gym. Publication or other forms of disclosure are only possible after obtaining written permission from Exclusive Gym.
12.2 All documents provided by Exclusive Gym, such as reports, advice, training and nutrition plans, assignments, designs, sketches, drawings, software and the like, may only be reproduced by Exclusive Gym for its own use within its own organisation. Third parties and Clients of Exclusive Gym must always realise that all advice and/or documents provided by Exclusive Gym to The Client are tailor-made and specifically intended for The Client.
Article 13. DISPUTES AND APPLICABLE LAW
13.1 In the event of disputes between The Client and Exclusive Gym, the parties will first try to settle the dispute amicably.
13.2 This agreement and other agreements concluded between the parties are governed exclusively by Dutch law. Should an obligation arise between the parties in the future other than one arising from an agreement, Dutch law will also apply to that obligation.
13.3 Disputes will be settled exclusively by the competent Dutch court in the district in which Exclusive Gym has its place of business, unless mandatory law opposes this choice of forum.
13.4 The general terms and conditions were filed on 20-04-2021 with the Chamber of Commerce under file number 82611440. The terms and conditions may be updated annually, among other times; the most recent version is available on the Exclusive Gym website.
Article 14. MISCELLANEOUS
14.1 All cases and/or situations not covered by the above regulations will be assessed and decided exclusively by the management of Exclusive Gym.