Article 1. Definitions
1.1. In these general terms and conditions, the following terms are used in the following meaning, unless expressly indicated otherwise or context requires otherwise:
a. Het Gymlokaal: the user of these general terms and conditions: Het Gymlokaal West BV, located at Dr. Jan van Breemenstraat 1 in Amsterdam, registered with the Chamber of Commerce under Chamber of Commerce number 77894804; and/or Het Gymlokaal Noord BV, located at Grasweg 53A in Amsterdam, registered with the Chamber of Commerce under Chamber of Commerce number 77894499;
b. agreement: the agreement between Het Gymlokaal and the member;
c. member: the natural person entering into an agreement with Het Gymlokaal;
d. training: the (personal) training session, group class, open gym session provided by Het Gymlokaal;
e. trainer: the natural person providing the training on behalf of Het Gymlokaal;
f. gym: Het Gymlokaal’s gym;
g. website: the website www.hetgymlokaal.nl managed by Het Gymlokaal.
Article 2. General Conditions
2.1. These conditions apply to all agreements between Het Gymlokaal and the member.
2.2. Changes are only valid if communicated in writing or via email.
2.3. Deviating agreements for specific topics do not affect the rest of the conditions and only apply to that one occasion.
2.4. If one or more provisions are declared invalid, the remaining provisions remain in force. Invalid provisions are replaced while maintaining their purpose and intent.
2.5. Het Gymlokaal may amend these conditions.
Article 3. Offer
3.1. Het Gymlokaal’s offer is non-binding.
3.2. Offers do not automatically apply to future agreements.
3.3. Obvious errors or mistakes in publications, agreements, email messages, or on the website do not bind Het Gymlokaal.
3.4. Mentioned rates include VAT.
3.5. Het Gymlokaal may decide to temporarily not accept new members.
Article 4. Conclusion of the Agreement
4.1. The agreement is concluded when:
a. the member has fully completed and signed the written registration form and returned it to Het Gymlokaal;
b. the member has registered online through the website.
4.2. If the agreement is concluded through the website, Het Gymlokaal will send the member a confirmation email after receiving the registration. If the member has not received a confirmation email, they should contact Het Gymlokaal.
4.3. The agreement can only be concluded through the website after the member has clicked to agree to these general terms and conditions.
4.4. If the agreement is concluded through the written registration form, these general terms and conditions are provided to the member at the time of the agreement.
Article 5. Right of Withdrawal
5.1. The member who has entered into an agreement with Het Gymlokaal through a digital environment has the right to withdraw from the agreement within 14 days after the conclusion of the agreement.
5.2. If the member wishes to exercise their right of withdrawal, they must notify Het Gymlokaal in writing within 14 days of the conclusion of the agreement.
5.3. In the event of withdrawal as described in this article, Het Gymlokaal will refund the monthly membership fee, if already paid, to the member within 14 days after the member has invoked their right of withdrawal unless, with the express consent of the member, the performance of the agreement has already begun during the withdrawal period. In such a case, the member must pay for the membership proportionally to the work already performed.
Article 6. Duration and Termination of the Agreement
6.1. The agreement is entered into for an indefinite period.
6.2. Subscriptions are billed every 4 weeks.
6.3. The member has the right to terminate the agreement at any time, with a notice period of 4 weeks.
6.4. To terminate the agreement, the member must submit a written notice, preferably by email. Termination of the subscription takes effect upon receipt of this written notice.
6.5. Our notice period covers a complete period of 4 weeks. Upon termination, the member completes any remaining period of the current four weeks and the subscription continues until the end of the following four weeks.
6.6. Our notice period covers a complete period of 4 weeks. Upon termination, the member completes any remaining period of the current four weeks, and the subscription continues until the end of the following four weeks.
6.7. In case of injury or pregnancy, the subscription can be temporarily paused. A statement from a doctor or physiotherapist indicating the duration of the inactive period is required. This pause can last for a maximum of 6 months and starts from the day the written notice is received.
6.8. In the event of relocation, the contract can be terminated prematurely if the distance to our facilities is more than 30 km. Proof of registration at the new address is required. Already paid invoices will not be refunded.
6.9. Special rules apply to the Unlimited/Limited/Off Peak One Year membership. This subscription cannot be terminated prematurely. After the initial one-year period, the subscription automatically converts to a regular subscription, with a notice period of 4 weeks (as described in Article 6.3).
Article 7. Access to the Gym
7.1. To access the gym, the member must check-in at the reception using the check-in tablet.
7.2. Het Gymlokaal is allowed to deny the member access to the gym if:
a. it is not safe to admit more people to the gym due to overcrowding;
b. the member has outstanding payments;
c. the member is under the influence of alcohol and/or drugs;
d. the member acts in violation of these general terms and conditions, for example, if the member engages in misconduct.
7.3. Membership and the QR code are personal and not transferable.
Article 8. Opening Hours
8.1. The member has access to the gym during the gym’s opening hours. The opening hours are listed on the website. Het Gymlokaal has the right to adjust its opening hours.
8.2. During officially recognized holidays, Het Gymlokaal may decide to close the gym.
Article 9. Booking and Canceling a Group Class
9.1. Members can book and cancel a group class through both the website and the app.
9.2. Members can book a class from 7 days before the activity begins. For Open Gym, participants can cancel up to 2 hours before the start of open training.
9.3. Participants can cancel up to 8 hours before the start of a group class. If there is no timely cancellation, one registration credit is lost.
Het Gymlokaal aims to provide adequate space for all participants to train. In the case of non-timely cancellation, as described in Article 9.3, Het Gymlokaal charges a fee of four euros (€5.00) for each late or uncancelled class.
Article 10. Cancellation of a Training by Het Gymlokaal
10.1. Het Gymlokaal has the right to cancel a training. A training can be canceled, for example, if there are too few registrations for the training or if there is a force majeure situation, as described in Article 17.2.
Article 11. Member’s Obligations and House Rules
11.1. The member must ensure that all data that Het Gymlokaal indicates as necessary or that the member reasonably should understand as necessary for the execution of the agreement are available in a timely manner.
11.2. The data and information provided by the member to Het Gymlokaal must be complete and accurate, containing no inaccuracies or falsehoods.
11.3. If the member moves, they must promptly notify Het Gymlokaal of their new address.
11.4. The member must wear appropriate sportswear and sports shoes.
11.5. If the member is training in the gym, they must wear sports shoes that are clean on the bottom and not used outdoors.
11.6. The member is prohibited from harassing or (sexually) intimidating other members of Het Gymlokaal, being noisy, or causing any other kind of disturbance to other members.
11.7. The member is liable for all loss or damage to the gym, the fitness equipment present in it, and other items, resulting directly or indirectly from the member’s actions or omissions.
11.8. Smoking is not allowed in the gym.
Article 12. The Training
12.1. The member is obliged to follow the trainer’s instructions during the training.
12.2. The member must report any health complaints to the trainer before the start of the training.
12.3. The member declares that they are in good health and physically capable of participating in the training. If the member has any doubts, they should consult a doctor/physiotherapist before participating in the training.
12.4. The member must stop the training if they experience pain, illness, or a condition that they reasonably understand could be harmful to their health.
12.5. If the member does not feel suitable for the training, they must immediately inform the trainer.
12.6. The member is aware that injuries and other complications may occur during training or the use of fitness equipment, without any attributable fault on the part of Het Gymlokaal.
12.7. Being under the influence of alcohol or drugs during the training is not allowed.
12.8. If the member misbehaves or in any way unreasonably interferes with or obstructs the proper conduct of the training, Het Gymlokaal is authorized to stop the training or deny the member access to the training. In such cases, the agreed fee remains fully payable, without prejudice to Het Gymlokaal’s right to claim damages.
Article 13. Rates
13.1. Het Gymlokaal has the right to adjust its rates from time to time.
13.2. The member will be notified in writing or by email of any rate changes at least one month before the effective date of the rate change.
Article 14. Payment
14.1. Payment is made every 4 weeks via SEPA direct debit.
14.2. If the direct debit cannot be executed or is reversed, Het Gymlokaal will send the member a reminder. If the member does not respond to the reminder, Het Gymlokaal may refer the claim to a collection agency.
14.3. Costs are associated with reversing direct debits. If the member reverses invoices unjustly, the costs are borne by the member. A fee of €12.50 is charged for each unjust reversal.
14.4. In case of exceeding the payment term, the member is liable for statutory interest, in accordance with Article 6:119 of the Dutch Civil Code, from the date the amount became due until the time of payment. In addition, all collection costs, both judicial and extrajudicial, will be borne by the member after the member is in default. Extrajudicial collection costs are determined in accordance with the Dutch Act on Collection Costs.
14.5. Any payment by the member serves first to settle the due interest(s) and then to settle the collection costs. Only after these amounts have been settled does any payment by the member serve to settle the outstanding principal amount.
Article 15. Termination and Suspension
15.1. Het Gymlokaal has the right to terminate the agreement or suspend the performance of the agreement if the member fails to comply with the obligations under the agreement and/or these general terms and conditions.
15.2. Furthermore, Het Gymlokaal has the right to terminate the agreement if circumstances arise that are of such a nature that the performance of the agreement is impossible or can no longer be required in accordance with the principles of reasonableness and fairness, or if other circumstances arise that are of such a nature that the unaltered maintenance of the agreement cannot reasonably be expected.
Article 16. Liability
16.1. Het Gymlokaal cannot be held liable for any damage that is a direct or indirect consequence of:
a. An event that is actually beyond its control and therefore cannot be attributed to its actions or omissions, as described, among other things, in Article 17.2;
b. Any act or omission by the member, including but not limited to, not having adequate health or fitness, overestimation of their own abilities, and ignoring instructions.
16.2. Het Gymlokaal is not liable for damage of any kind resulting from the member providing incorrect or incomplete information.
16.3. Participation in activities during training and the use of fitness equipment in the gym are entirely at the member’s own risk. The member is personally liable for any damage caused to themselves or third parties during the training and/or their stay in the gym. Het Gymlokaal can never be held liable for any injuries, wounds, fractures, or other physical or mental injuries arising during the training, following the training advice or instructions given by Het Gymlokaal, or resulting from the use of fitness equipment. The costs arising from an accident or injury during the training or the use of fitness equipment are entirely borne by the member.
16.4. The member must at all times behave in accordance with the instructions and rules of conduct provided by Het Gymlokaal. If the member refuses to follow these instructions or rules, they are responsible for any resulting damage.
16.5. Het Gymlokaal cannot be held liable for damage, loss, theft, or loss of property belonging to the member on the premises where the training takes place and/or in the gym.
16.6. Het Gymlokaal cannot be held liable if one or more pieces of fitness equipment are temporarily out of order.
16.7. Het Gymlokaal does not accept liability for indirect or consequential damages.
16.8. If Het Gymlokaal is liable for any damage, its liability is limited to the amount of the payment made by Het Gymlokaal’s insurer. If the insurer does not make a payment in any case or if the damage is not covered by the insurance, Het Gymlokaal’s liability is limited to the monthly fee charged to the member.
Article 17. Force Majeure
17.1. Het Gymlokaal is not obliged to fulfill one or more obligations under the agreement if there is force majeure.
17.2. Force majeure includes, among other things: an unavoidable failure of third parties engaged, virus infection and computer hacking by third parties, illness of the trainer, traffic disruption, traffic accidents, weather conditions, natural disasters, internet disruption, power outage, fire, theft, government measures, as well as any other situation over which Het Gymlokaal has no (decisive) control.
Article 18. Confidentiality
18.1. Both parties are obliged to maintain the confidentiality of all confidential information obtained from each other or from other sources in the context of their agreement. Information is considered confidential if it has been communicated by the other party or if it arises from the nature of the information. The party that receives confidential information will only use it for the purpose for which it was provided.
Article 19. Intellectual Property
19.1. All intellectual property rights in training developed by Het Gymlokaal remain with Het Gymlokaal.
19.2. Without prior consent from Het Gymlokaal, it is not allowed to make audio and/or video recordings of the training.
Article 20. Applicable Law and Competent Court
20.1. Dutch law exclusively applies to all rights, obligations, offers, and agreements to which these general terms and conditions apply.
20.2. All disputes between the member and Het Gymlokaal will be submitted to the competent court in the district where Het Gymlokaal is established. The member has 1 month to choose the competent court for settling the dispute, as stipulated by law, after Het Gymlokaal has invoked this provision in writing.