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Terms

Het Gymlokaal
 

Article 1. Definitions
1.1. With regard to these general terms and conditions, the following terms are used as set out below, unless explicitly stated otherwise or in case the context proves to be different:
a. het Gymlokaal: the user of these general terms and conditions. Het Gymlokaal is located at the Dr. Jan van Breemenstraat 1 in Amsterdam, registered with the Chamber of Commerce, number 64748383;
b. agreement: the agreement between Het Gymlokaal and the member;
c. member: the natural person who enters into an agreement with Het Gymlokaal;
d. training: the (personal) training session, group lesson, the parkour lesson, or (kick) boxing lesson provided by Het Gymlokaal;
e. trainer: the natural person who gives the training on behalf of Het Gymlokaal;
f. gym: the gym at Het Gymlokaal;
g. website: the website www.hetgymlokaal.nl that is managed by Het Gymlokaal.
 
Article 2. General
2.1. The terms and conditions stated apply to every agreement between Het Gymlokaal and the member.
2.2. Any deviations from these general conditions are only valid if they have been agreed on in writing or via e-mail.
2.3. If certain deviating stipulations concerning these general terms and conditions have been agreed in connection with a subject, these general terms and conditions shall otherwise remain in force. Deviations never apply to more than one agreement.
2.4. If one or more of the provisions of these general terms and conditions are void or become void, the other provisions of these general terms and conditions remain fully applicable. The void or annulled provisions will be replaced by Het Gymlokaal whereby the purpose and tenor of the original provision(s) are taken into account as much as possible.
2.5. Het Gymlokaal is entitled to change these general conditions. The applicable version of the general conditions is always the version that is valid at the time of the conclusion of the agreement, unless the member has agreed to the new version of the general terms and conditions.
 
Article 3. Offer
3.1. The offer of Het Gymlokaal is non-committal.
3.2. Offers do not automatically apply to future agreements.
3.3. Obvious errors or mistakes in publications, agreements, e-mails or on the website do not bind Het Gymlokaal.
3.4. The mentioned rates include VAT.
3.5. Het Gymlokaal may decide that it temporarily does not accept new members.
 
Article 4. Conclusion of the agreement
4.1. The agreement is concluded at the moment that:
a. the member has fully completed and signed the written registration form and returned it to Het Gymlokaal;
b. the member has registered online via the website.
4.2. If the agreement is established through the website, Het Gymlokaal then sends, upon receipt of the registration, a confirmation message to the member through email. If the member does not receive a confirmation email, the member must contact Het Gymlokaal.
4.3. The agreement can only be established through the website after the member has accepted these general conditions.
4.4. If the agreement is concluded by means of the written registration form, these general terms and conditions will be handed to the member upon the conclusion of the agreement.
4.5. After the conclusion of the agreement, the member receives a member badge.
4.6. By entering into an agreement with Het Gymlokaal, the member agrees that Het Gymlokaal may take pictures of the member when the member makes use of one of the services of Het Gymlokaal and places these pictures on their Facebook and/ or on Instagram account, see also article 5 of the privacy policy of Het Gymlokaal.
 
Article 5. Right of withdrawal
5.1. The member who has entered into an agreement with Het Gymlokaal through the website has the right to dissolve the agreement within 14 days after the conclusion of the agreement.
5.2. If the member wishes to exercise his right of withdrawal, the member must expressly notify Het Gymlokaal within 14 days after the conclusion of the agreement.
5.3. In the event of a dissolution, as described in this article, Het Gymlokaal will refund the already paid monthly membership fee to the member within 14 days after the member has invoked his right of withdrawal, unless the performance of the agreement has commenced in the dissolution period with the explicit consent of the member. In such a case, the member must pay the price for membership in proportion to his use.   
 
Article 6. Duration of the agreement
6.1. The contract is entered for an indefinite period of time.
6.2. The member can cancel the agreement at any time. Cancellation must be made in writing or through e-mail and with due observance of a notice period of 1 calendar month.

Article 7. Membership badge and access to the gym
7.1. To access the gym, the member must check in with his member badge. In case the member has forgotten his member badge, access to the gym may be denied.
7.2. Het Gymlokaal can deny the member access to the gym in case:
a. it is not safe to allow more people in because of the presence of too many people;
b. the member has payment arrears;
c. the member is under the influence of alcohol and/ or drugs;
d. the member acts in violation with these general terms and conditions, for example if the member is guilty of misconduct.
7.3. The member badge is personal and cannot be transferred.
7.4. If the member is no longer in possession of his member badge, for whatever reason, the obligation to pay regarding the agreement will remain, and the member must apply for a new member badge at Het Gymlokaal. The Gym is entitled to charge the member for a new membership fee. Upon cancellation of membership, the member badge must be returned to The Gym. The Gym is entitled to charge the member for € 5 if the member badge is not returned within one month after the subscription has ended.
 
Article 8. Opening hours
8.1. The member has access to the gym during the opening hours that can be found on the website. The Gym is entitled to adjust its opening hours.
8.2. During official holidays, we may decide that the gym will be closed.
 
Article 9. Subscribing and unsubscribing for group lessons and cancelling personal training
9.1. Members can subscribe and unsubscribe for group lessons through the website and the app.
9.2. If the member cancels an appointment for personal training within 24 hours before the start of the personal training session, Het Gymlokaal has the right to charge cancellation costs to the member. The cancellation costs are determined by the hourly rate of the trainer multiplied by the number of agreed hours for the personal training.
 
Article 10. Cancellation of a training session by Het Gymlokaal
10.1. Het Gymlokaal has the right to cancel a training session. For example, a training session can be cancelled if there are too few subscriptions for the training session or in case of force majeure, see article 17.2.
10.2. Het Gymlokaal tries to inform the members who would participate in the training session as soon as possible about the cancellation.
  
Article 11. Obligations of the member and house rules
11.1. The member ensures that all necessary personal data for the execution of the agreement are provided to the Gym, as well as the data of which the member should reasonably understand that these are necessary.
11.2. The information that the member provides to Het Gymlokaal must be complete and contain no inaccuracies and/ or false facts.
11.3. If the member changes house, the member must submit his new address to Het Gymlokaal as soon as possible.
11.4. The member must wear suitable sportswear and sports shoes.
11.5. If the member trains in the gym, he/ she must wear sports shoes that are clean at the bottom and not have been used outdoor.
11.6. Members of the gym are forbidden to harass or intimidate other members of Het Gymlokaal, to be loud, or to cause any inconvenience to other members in any other way.
11.7. The use of mobile phones in the training areas of the gym is not allowed.
11.8. If the member wishes to use of a fitness machine at Het Gymlokaal that he/ she has never used before, he/ she is obliged to ask for instructions before using the machine.
11.9. The member is only allowed to use a fitness machine according to the instructions given or according to the instructions on the fitness machine.
11.10. The member is liable for all losses of and/ or damages to the gym, the fitness equipment and other items contained therein, which arose as a direct or indirect consequence of an action and/ or omission of the member.
11.11. Smoking is not allowed in the gym.


Article 12. The training
12.1. The member is obliged to follow the instructions of the trainer during the training sessions.
12.2. The member must report health complaints to the trainer before the start of the training session.
12.3. The member declares that he is healthy and physically capable of following the training. If the member has any doubts about his health, he/ she should first consult a doctor before starting to train.
12.4. The member must stop the training in case of pain, illness and/ or ailment of which the member should reasonably understand that continuation of the training can be detrimental to his health.
12.5. If the member thinks that he/ she cannot perform the training, the member must report this directly to the trainer.
12.6. The member is aware that, while training and/ or using fitness equipment, injuries and/ or complications may occur that are not attributable shortcoming on the side of Het Gymlokaal.
12.7. Being under the influence of alcohol or drugs during training sessions is not permitted. 
12.8. If the member misbehaves or otherwise unreasonably impedes or prevents a proper execution of the training, Het Gymlokaal is entitled to stop the training or to deny the member access to the training location. In that case, the agreed reimbursement remains fully due, without prejudice to the rights of Het Gymlokaal to compensation for any damage.
 
Article 13. Rates
13.1. The Gym is entitled to adjust its rates from time to time.
13.2. The member is notified of a rate change in writing or via e-mail at least 2 months before the change takes effect.
 
Article 14. Payment
14.1. Payment is made monthly through 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 memory, Het Gymlokaal may hand over the claim to a bailiff. 
14.3. If the payment term is exceeded, the member is due from the date on which the due sum became due and payable, up to the time of payment of the statutory interest, all in accordance with article 6: 119 of the Dutch Civil Code. In addition, all costs of collection, of the member in default, both judicial and extrajudicial, are charged to the member. The extrajudicial costs of collection are determined in accordance with the Collection Costs Act.
14.4. Each payment by the member shall first serve to settle the interest(s) owed, and then to settle the costs of the collection. Only after payment of these amounts the outstanding principal sum can be paid.
 
Article 15. Dissolution and suspension
15.1. Het Gymlokaal is entitled to dissolve the agreement or suspend the execution of the agreement in case the member fails to comply with the obligations under the agreement and/ or these general terms and conditions.
15.2. Furthermore, Het Gymlokaal is authorized to dissolve the agreement if circumstances arise which are of such a nature that compliance with the agreement is impossible or can no longer be demanded according to standards of reasonableness and fairness, or if other circumstances arise which are of such a nature that continuation of the unchanged agreement cannot reasonably be expected.
 
Article 16. Liability
16.1. Het Gymlokaal cannot be held to compensate for any damage that, direct or indirect, is the result of:
a. an event that is beyond her control and therefore cannot be attributed to her, as described in Article 17.2;
b. any act by or omission of the member, such as, but not limited to, not having an adequate health or fitness, overestimating own abilities, and ignoring instructions.
16.2. Het Gymlokaal is not liable for damage of any kind whatsoever, because Het Gymlokaal assumes the correctness of the information provided by the member, which may have been incorrect and/ or incomplete.
16.3. Participation in the activities during training sessions and the use of fitness equipment in the gym is entirely at your own risk. The member is personally liable for all damages caused to himself and third parties during the training sessions and/ or during his stay in the gym. Het Gymlokaal can never be held liable for any injuries, wounds, broken bones, and other bodily or mental injuries, which arose during the training sessions, by following the training advices or instructions given by Het Gymlokaal or arising because of the use of fitness equipment. The costs resulting from an accident or injury as a result of training sessions or through the use of fitness equipment are entirely at the expense of the member.
16.4. The member must behave at all times in accordance with the instructions and rules of conduct given by Het Gymlokaal. In case the member refuses to follow these instructions or rules, he/ she is responsible for any resulting damage.
16.5. Het Gymlokaal can never be held liable for damage, loss, theft or loss of property of the member on the site where the training takes place and/ or in the gym.
16.6. Het Gymlokaal cannot be held liable if one or more fitness machines are temporarily out of use.
16.7. Het Gymlokaal does not accept liability towards the member for indirect or consequential damages.
16.8. If Het Gymlokaal is liable for any damage, the liability of Het Gymlokaal is limited to the amount of the payment made by the insurer of Het Gymlokaal. In case the insurer, in any given case, does not proceed to pay, or the damage is not covered by the insurance, the liability of Het Gymlokaal is limited to the amount that is charged to the member on a monthly basis.
 
Article 17. Force majeure
17.1. Het Gymlokaal is not obliged to fulfil one or more obligations under the agreement in case of force majeure.
17.2. Force majeure includes: a non-attributable shortcoming of engaged third parties, virus infections and computer trespassing by third parties, illness of the trainer, traffic disruption, traffic accidents, weather conditions, natural disasters, disruption of the internet, power failure, fire, theft, governmental measures, as well as any other situation in which Het Gymlokaal cannot exercise (decisive) control.
  
Article 18. Confidentiality
18.1. Both parties are obliged to maintain confidentiality regarding all confidential information that they have received from each other, or from any other source in relation to the agreement. Information is considered confidential if it has been communicated as such by the other party, or if it results from the nature of the information. The party receiving confidential information will only use it for the purpose for which it was provided.
18.2. Het Gymlokaal processes personal data in accordance with its privacy policy that is included at the bottom of these general terms and conditions and can be read on www…………………
 
Article 19. Intellectual property
19.1. Het Gymlokaal is the owner of all intellectual property rights to training courses developed by Het Gymlokaal.
19.2. Without permission of Het Gymlokaal it is not allowed to make image or sound recordings of the training sessions.
 
Article 20. Applicable law and competent court
20.1. Dutch law is exclusively applicable 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 located. The member is given 1 month from the moment that Het Gymlokaal has invoked this clause in writing towards the member to choose the court that is competent according to the law for resolving the dispute.
 
Privacy policy
 
Article 1. Definitions
1.1. In this privacy policy the following definitions are used:
a. het Gymlokaal: the user of these general terms and conditions. Het Gymlokaal is located at the Dr. Jan van Breemenstraat 1 in Amsterdam, registered with the Chamber of Commerce, number 647483830000;
b. agreement: the agreement between Het Gymlokaal and the member;
c. member: the natural person who enters into an agreement with Het Gymlokaal;
d. training: the (personal) training session, group lesson, the parkour lesson, or (kick) boxing lesson provided by Het Gymlokaal;
e. trainer: the natural person who gives the training on behalf of Het Gymlokaal;
f. gym: the gym at Het Gymlokaal;
g. website: the website www.hetgymlokaal.nl that is managed by Het Gymlokaal.
 
Article 2. Personal data
2.1. Careful handling of personal data is of great importance to Het Gymlokaal. With regard to the processing of personal data, Het Gymlokaal acts in accordance with applicable laws and regulations, including the General Data Protection Regulation (EU-AVG/ GDPR).
2.2. Het Gymlokaal handles personal data with great care and treats it confidential.
2.3. Het Gymlokaal collects personal data from the data subject when he/ she visits the website, uses the app of Het Gymlokaal, has contacted Het Gymlokaal by telephone or e-mail, enters into an agreement with Het Gymlokaal, or visits the gym personally.
2.4. Het Gymlokaal collects and processes the following personal data:
a. First and last name;
b. Address;
c. ZIP code and city;
d. Phone number;
e. E-mail address;
f. Date of birth;
g. Gender;
h. Bank account number;
i. IP address;
j. Surfing behaviour;
k. Location data;
l. Video footage;
m. Photos.
2.5. Het Gymlokaal does not process special personal data of those involved.
 
Article 3. Basis and purposes of the processing
3.1. The basis for the processing of personal data is to execute the agreement or, at the request of the data subject, to take pre-contractual measures. The processing of video images of those involved by means of camera surveillance is based on the legitimate interest of Het Gymlokaal, namely the prevention of theft and the safety of its employees. The basis of the processing of photographs is the consent given by those concerned in relation to concluding the agreement, see also article 4.6 of the general terms and conditions of Het Gymlokaal.
3.2. Het Gymlokaal collects and processes personal data for the following purposes:
a. dealing with a question and/ or comment from the data subject;
b. the conclusion of the agreement;
c. being able to address the person involved in correspondence with "madam" or "sir" or derivatives thereof;
d. to be able to contact the person involved concerning the execution of the agreement;
e. to debit the costs of the membership by direct debit from the bank account number of the data subject;
f. to provide the data subject with the best possible service, including services like matching exercises based on the gender and age of the data subject;
g. to comply with administrative duties;
h. to improve the website of Het Gymlokaal;
i. generating general statistics about the use of the website;
j. being able to find out which person has acted unlawfully with regard to our gym;
k. to promote the services of Het Gymlokaal through Facebook and/ or Instagram.
3.3. The provision of their name, address, telephone number, e-mail address and bank account number of the data subject is a contractual obligation. It's impossible to conclude an agreement without a name, address, telephone number, e-mail address and bank account number.
3.4. Het Gymlokaal will not store the personal data for longer than strictly necessary to achieve the goals for which the personal data are processed, as described in Article 3.2. The retention period differs per person data. Video images are stored for up to 4 weeks, unless there are good reasons to preserve the video images for a longer period of time, for example, for an investigation in response to an incident. After the retention period, personal data will be deleted or anonymised.
3.5. Het Gymlokaal only processes the minimum required personal data for the existing purposes. Het Gymlokaal always strives for minimal data processing.
3.6. Het Gymlokaal will not process any personal data for purposes other than those described above.
 
Article 4. Deleting personal data
4.1. Het Gymlokaal will remove personal data from its systems without unreasonable delay, if, for example:
a. the personal data are no longer required for the purposes for which they were processed;
b. the data subject objects to the processing of his personal data, and this objection is justified;
c. the personal details are incorrect or out of date.
4.2. Het Gymlokaal is not obliged to delete personal data if one of the situations described in the law (EU-AVG/ GDPR) not apply to the "right to forgetfulness".
 
Article 5. Photos
5.1. If Het Gymlokaal has placed a picture on Facebook or on Instagram, the person visible has the right object to the placement of the photo. In such a case, Het Gymlokaal will remove the photo from its Facebook and/ or Instagram page as soon as possible.
5.2. Photos of a child under the age of 16 are only placed on Facebook or Instagram if the parent or the legal representative of the child has given its permission.
 
Article 6. Provision of personal data to third parties and processors
6.1. Het Gymlokaal will not provide the personal data of its clients to third parties unless:
a. Het Gymlokaal has received explicit prior permission from the data subject;
b. there is a legal basis that allows personal data to be provided to a third party;
c. Het Gymlokaal is legally obliged to do so;
d. it is necessary for the execution of the agreement;
e. the transfer is made to a processor engaged by Het Gymlokaal for purposes listed in this privacy policy, and the processor has concluded an agreement with Het Gymlokaal ensuring that the processor offers sufficient guarantees regarding technical and organizational security measures about the processing.
6.2. The data subject may withdraw his consent to provide personal data to third parties at any time.
6.3 As a processor, Het Gymlokaal has, among others, enabled Virtuagym. Virtuagym stores data at Amazon Web Services in Ireland. Employees of Virtuagym only have access to personal data if this is necessary in the context of the services that Virtuagym provides to Het Gymlokaal.
 
Article 7. Right of access, right to data portability, rectification and deletion
7.1. Upon request, Het Gymlokaal grants the data subject access to all personal data held by Het Gymlokaal and Het Gymlokaal and provides the data subject with a copy of these data free of charge and in such a form that the data subject can provide the personal data to a third party.
7.2. Het Gymlokaal offers the data subject the opportunity to correct or erase incorrect data that Het Gymlokaal keeps from him/ her, free of charge.
7.3. A request for access, modification or deletion of data can be submitted in writing or via e-mail to Het Gymlokaal, see article 10.1 for the contact details of Het Gymlokaal.
 
Article 8. Objection
8.1. The data subject can object to the processing of his/ her personal data at Het Gymlokaal if he/ she has a good reason for this in relation to his/ her specific situation. After Het Gymlokaal has received the objection from the data subject, Het Gymlokaal will stop processing the personal data of the data subject, unless Het Gymlokaal has legitimate interests in the processing of personal data that outweigh the interests of the data subject.
 
Article 9. Right of restriction
9.1. If a request has been submitted by the data subject, in connection with adjusting, supplementing or deleting his/ her personal data, or an objection has been submitted in connection with the processing of his/ her personal data, and the handling, processing and execution of this request or objection takes some time, the data subject may request Het Gymlokaal to limit the processing of his/ her personal data.
 
Article 10. Contact
10.1. For questions about the way Het Gymlokaal handles the processing of personal data, the withdrawal of a permission in connection with the processing of personal data, the access to personal data that Het Gymlokaal processes, the request for a copy of the personal data, the request to change or delete personal data, the request to restrict the processing of the personal data, or the filing of objections against the processing of personal data, the data subject can contact Het Gymlokaal via the contact details below.
 
Contact details:
Het Gymlokaal
Address:                   Dr. Jan van Breemenstraat 1
Zip code/ City:          1056 AB Amsterdam
Email address:         info@hetgymlokaal.nl
Phone number:        020-7372781
 
10.2 Het Gymlokaal will respond as soon as possible to a request as described in article 10.1, and in any case within 4 weeks.
10.3. If at the request of the data subject, Het Gymlokaal corrects, supplements or deletes the personal data, or terminates the processing of the personal data, or has processed a revoked consent, Het Gymlokaal informs the data subject.
 
Article 11. Security measures
11.1. In order to prevent access to personal data by unauthorized persons, loss, theft and unlawful use of personal data, Het Gymlokaal has taken various security measures, including measures against unauthorized access, use, modification, unlawful and accidental destruction, and unintentional loss of personal data. Het Gymlokaal has, among others, taken the following security measures:
a. The use of systems with strong passwords to prevent unauthorized access to the information;
b. Physical protection of IT facilities, equipment, and the server with the data, against unauthorized access and against damage;
c. Paper contracts are stored in closed cupboards that are only accessible to the manager of Het Gymlokaal;
d. If the agreement with the data subject ends, the paper agreement will be destroyed by means of a shredder;
e. No paper copies of the agreements containing personal data are made, unless this is requested by the data subject;
f. Email messages from data subjects are not printed out;
g. The gym has an alarm system;
h. Keeping software up-to-date;
i. Periodically checking (or having checked) the safety measures taken.
11.2. All employees of Het Gymlokaal and third parties engaged by Het Gymlokaal, including a processor, who have knowledge of personal data in the context of their duties are obliged to maintain strict confidentiality.
 
Article 12. Privacy policy of third parties
12.1. This privacy policy does not apply to third party websites, such as social media websites, that are connected to the website by links. Het Gymlokaal does not accept any responsibility or liability with regard to the way in which these websites handle personal data. For more information about the way in which these third parties deal with personal data and the like, the privacy policy of the relevant website must be consulted.
 
Article 13. Changes
13.1. Het Gymlokaal reserves the right to make unilateral changes to this privacy policy. The website contains always the latest version of the privacy policy of Het Gymlokaal.
 
Article 14. Data breach
14.1. In case a security incident has occurred at Het Gymlokaal and personal data of a sensitive kind has leaked, or in case there is a serious adverse consequence for the protection of the processed personal data because of other reasons, Het Gymlokaal files, if possible, within 72 hours after the detection the data breach a report to the Dutch Data Protection Authority [Autoriteit Persoonsgegevens] and act in accordance with the Rules on Reporting Data Breaches [Beleidsregels Meldplicht Datalekken] of the Dutch Data Protection Authority.
14.2. If there is a data breach at Het Gymlokaal that has adverse consequences for the privacy of the data subject, Het Gymlokaal informs the data subject without delay.
 
Article 15. Cookies
15.1. The website uses functional and analytical cookies.
15.2. A cookie is a small text file that is stored in the browser of the device of the data subject at the first visit to the website.
15.3. The data subject can opt out of cookies by setting up his/ her internet browser in such a way that one or more types of cookies are no longer placed. In addition, the data subject can also delete all information previously stored via the settings of his browser. The data subject can find more information about switching cookies on and off and the removal of cookies using the help function of his/ her browser.
15.4. Types of cookies and goals:
 
The party that places the cookie
The type of cookie
The purpose for which the cookie is placed
Het Gymlokaal
Functional cookie
Functional cookies ensure that the website is functioning properly.
Het Gymlokaal for the purposes of using Google Analytics
Analytic cookie
Through the use of analytical cookies, Het Gymlokaal can see how the data subject uses the website. Learning from this Het Gymlokaal can improve the website accordingly. Analytical cookies are not shared with third parties, are not used by third parties, and are not linked to the name or email address of the data subject. Het Gymlokaal has set up Google Analytics in such a way that visitors to the website remain anonymous.
 
 
Article 16. Submitting a complaint
16.1. If the data subject feels that the processing of personal data by Het Gymlokaal is not in accordance with this privacy policy and/ or with the applicable laws and regulations, the data subject can submit a complaint to the Dutch Data Protection Authority [Autoriteit Persoonsgegevens].
 
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