Terms and Conditions for Participants
Article 1 Definitions
Participant: Any person that concludes an agreement with Vondelgym.
Vondelgym: The private limited liability company under the laws of the Netherlands named
Vondelgym B.V., having its statutory seat in Amsterdam and holding its office in (1054 HG) Amserdam at Overtoom 145
Vondelgym Oost B.V., having its statutory seat in Amsterdam and holding its offices in (1091 GL) Amsterdam at Wibautstraat 131C
Vondelgym Zuid B.V., having its statutory seat in Amsterdam and holding its offices in (1077 CZ) Amsterdam at Eduard van Beinumstraat 110
R-Grip V.O.F., holding its office in (1053 SB) Amsterdam at Tweede Kostverlorenkade 69.
The agreement between Vondelgym and a Participant.
Personal data: All data provided by Participant to Vondelgym such as represented in the Participants Agreement.
Article 2 Applicability
2.1 These Terms and Conditions for Participants are applicable to all legal relations between
Vondelgym and each Participant.
2.2 All stipulations in these Terms and Conditions for Participants have also been composed for the benefit of all directors of Vondelgym and all persons that work for Vondelgym and/or have been involved by Vondelgym.
2.3 Deviations from these Terms and Conditions for Participants are solely valid if these have been agreed explicitly in writing.
Article 3 Participants Agreement
3.1 The Participants Agreement between Participant and Vondelgym is concluded on the moment that the (a) Participant has filled in all required information such as represented in the Participants Agreement and has signed for approval or (b) the Participant has made use of the training facilities of Vondelgym. The Participants Agreement will be concluded for an undefined time and can be cancelled in-between in accordance with article 5 of these Terms and Conditions for Participants.
3.2 The Participants Agreement completed by the Participant and these Terms and Conditions for Participants form jointly the complete representation of the rights and obligations of Vondelgym and Participant and replace all earlier written and
verbal announcements, agreements and all other correspondence.
3.3 Participant ensures that all data - of which Vondelgym indicates that these are desirable or of which Participant reasonably should understand that these are necessary for the execution of the Participants Agreement shall be provided timely to Vondelgym.
3.4 The Participants Agreement is person bound and Participant is not authorized to assign the rights and duties that derive from the Participants Agreement concluded under these Terms and Conditions for Participants, in whole or in part to third parties.
3.5 If a Participant has concluded a Participants Agreement with Vondelgym, then the Participant is authorized to recall during 14 (said: fourteen) days after the signing of the Participants Agreement concluded with Vondelgym.
3.6 If the Participant recalls the Participants Agreement in accordance with article 3.5, then Participant receives all payments made by Participant to Vondelgym back, unless the Participant has already made use of the facilities of Vondelgym and/or he has accessed the location.
3.7 If the Participant decides to take-off a new/additional product from Vondelgym, then the terms and conditions of the Agreement and these Terms and Conditions for Participants remain applicable without reservation, unless explicitly agreed otherwise in writing.
3.8 the minimum age to subscribe at Vondelgym is 18+
Article 4 - Prices and payment
4.1 The subscription costs for the monthly use of the facilities of Vondelgym must be paid prior to the use thereof to Vondelgym.
4.2 The Participant authorizes Vondelgym by agreeing with these General Terms and Conditions to debit the subscription costs due by means of direct debit to Vondelgym.
4.3 Payments that have already been made by Participant shall not be refunded, unless there is an instance of a legally valid recall by the Participant in the sense of article 3.5.
4.4 Vondelgym reserves the right to index and change its prices and rates.
4.5 The subscription costs for the use of the facilities of Vondelgym due by the Participant, which facilities cannot or not fully be used as a consequence of circumstances which lie outside the control of Vondelgym, shall not be refunded.
4.6 In case Vondelgym cannot fully offer her facilities to the Participant due to a government restriction, payments that have already been made by Participant shall not be refunded. Subscripton costs will be charged pro rata as of the date Vondelgym can reoffer her facilities to the Participant.
4.7 In case Vondelgym cannot fully offer her facilities to the Participant due to a government restriction, payments that have already been made by Participant shall not be refunded. During a governmental restriction Vondelgym has the right to offer a new (similar) outdoor and online subscription to the Participant. This new subscription is valid during the period the governmental restriction applies. From the moment the governmental restriction no longer applies Vondelgym will as soon as possible offer her facilities to the Participant. As of that moment the original subscription will be charged, and the new subscription will automatically expire. During a period in which a governmental restriction to indoor sports applies Vondelgym has the right to continue to charge the subscription costs of the Participant according to the subscription concluded at that time by the Participant.
Article 5 Cancellation Participants Agreement
5.1 Participant can cancel the Participants Agreement in compliance with a notice period of one (1) month in writing. Vondelgym shall send, after receipt of the written cancellation of the Participant, a confirmation to the Participant within fourteen (14) days. Should the Participant not have received this confirmation, then the Participant must immediately contact Vondelgym, in the absence of which Vondelgym assumes, that the cancellation in writing has not or not timely taken place.
5.2 In case of long lasting illness, injury and/or pregnancy of the Participant, the
Participants Agreement can, after consultation and presentation of a written doctors statement, be suspended temporarily or stopped.
5.3 Vondelgym has the right to cancel the Participants Agreement with immediate effect, if:
The Participant in the opinion of Vondelgym, displays unacceptable behavior;
The Participant consistently violates the rules of Vondelgym; or
If a third party as a consequence of any omission or with knowledge of the Participant, makes use of the Participants Card of the Participant.
Article 6 Risk and Liability
6.1 The use of the facilities of Vondelgym for among others but not limited to power and condition training and/or the following of any training program and/or activities of whichever nature at Vondelgym is entirely for the own account and risk of the Participant.
6.2 Participant is obliged to both before, during and after expiry of any training coached by a trainer, render report of his or her physical condition, such as injuries, illnesses and/or other bodily affections and/or to provide information of which participant reasonably should understand that this is necessary for the execution of exercises. Participant is self-responsible for the reporting of this information.
6.3 Both Vondelgym and its employees are not liable for material and/or immaterial damage as a consequence of an accident or injuries/sports injuries of the Participant and/or third parties.
6.4 Vondelgym and its employees accept no liability whatsoever for damage, loss or theft of properties of Participant and/or third parties.
6.5 Participant is liable for damage caused to properties of Vondelgym, if this damage is the consequence of omission and/or fault of the Participant.
6.6 The exclusions and limitations of liability as stated in this article, are also stipulated for and for the benefit of subordinates of Vondelgym and any other person of whose help Vondelgym makes use in the execution of the Participants Agreement.
7.1 Participant is aware of the fact that he/she provides certain personal data to Vondelgym, such as among others name, age, address and email address.
7.2 The Participant agrees to these terms and conditions and grants Vondelgym permission to process his / her personal data in connection with (among other things) the creation of a membership, the preparation, sending and drafting of invoices, the provision of information, improving our services and answering questions that have been asked via, for example, the website.
7.3 Participant grants by agreeing with these Terms and Conditions for Participants to Vondelgym an unequivocal permission to send to Participant offers of Vondelgym per e-mail and otherwise.
Article 8 Photos & Video
During your presence in the Vondelgym, photos and video recordings can be taken from you for publicity purposes. By agreeing to these Terms and Conditions of Participation, Participant grants Vondelgym unequivocal permission to use these photographs and video recordings for these purposes.
Article 9 Applicable law and competent court
9.1 These Terms and Conditions for Participants are in force with effect of 1 January 2015.
9.2 In case that any stipulation in these Terms and Conditions for Participants should be invalid or should be invalidated, then that leaves the validity of the other stipulations unaffected.
Vondelgym and Participant shall then enter into consultation, in order to agree new stipulations for the replacement of the invalid or invalidated stipulations to, whereby as much as possible the purpose and the tenor of the original stipulations will be observed.
9.3 Each legal relation with Vondelgym will be governed by the Laws of the Netherlands. All disputes between Participant and Vondelgym that might arise further to or in connection with the Agreement, shall with exclusion of other be resolved by the competent court in Amsterdam, the Netherlands.