General Terms and Conditions for Participants of Calisthenics Amsterdam
Article 1 Definitions
Participant: Any person that concludes an agreement with Calisthenics Amsterdam.
Calisthenics Amsterdam: The individual proprietorship under the laws of the Netherlands named Calisthenics Amsterdam, having its statutory seat in Amsterdam and holding its office in (1023 BX) Amsterdam at Nieuwendammerdijk 538
Participants Agreement: The agreement that Calisthenics Amsterdam and a Participant enter into via the website, in which these General Terms and Conditions are accepted.
Personal data: all data provided by Participant to Calisthenics Amsterdam 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 Calisthenics Amsterdam and each Participant. The participant has been able to read and download these terms and conditions and has accepted them by checking the acceptance box before proceeding to payment. The Participant’s General Terms and Conditions do not apply.
2.2 All stipulations in these Terms and Conditions for Participants have also been composed for the benefit of all directors of Calisthenics Amsterdam and all persons that work for Calisthenics Amsterdam and/or have been involved by Calisthenics Amsterdam.
2.3 Deviations from these General Terms and Conditions for Participants are solely valid if these have been agreed explicitly in writing.
Article 3 Participants Agreement
3.1 The Participant Agreement between the Participant and Calisthenics Amsterdam is established when the Participant has provided all requested information as indicated in the registration form on the website, accepted the terms and conditions, and made the payment. The Participant Agreement is entered into for an indefinite period and can be terminated at any time in accordance with Article 7 of these General Terms and Conditions for Participants.
3.2 The Participants Agreement completed by the Participant and these General Terms and Conditions for Participants form jointly the complete representation of the rights and obligations of Calisthenics Amsterdam and Participant and replace all earlier written and verbal announcements, agreements and all other correspondence.
3.3 Participant ensures that all data – of which Calisthenics Amsterdam 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 Calisthenics Amsterdam.
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 Calisthenics Amsterdam, then the Participant is authorized to recall during 14 (said: fourteen) days after the signing of the Participants Agreement concluded with Calisthenics Amsterdam.
3.6 If the Participant recalls the Participants Agreement in accordance with article 3.5, then Participant receives all payments made by Participant to Calisthenics Amsterdam back, unless the Participant has already made use of the facilities of Calisthenics Amsterdam and/or he has accessed the location.
3.7 If the Participant decides to take-off a new/additional product from Calisthenics Amsterdam, 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 Calisthenics Amsterdam has the right to unilateral change these Terms and Conditions for Participants. Calisthenics Amsterdam will notify the Participant of the changes by email.
Article 4 - The Participant
The Participant meets the following requirements:
1. the Participant is 16 years and older;
2. the participant adheres to the instructions of the staff of the gym;
3. The participant conducts themselves appropriately in the gym.
Calisthenics Amsterdam reserves the right to refuse Participants at any time, without giving reasons.
Article 5 Prices and payment
5.1 The subscription costs for the use of the facilities of Calisthenics Amsterdam must be paid prior to the use thereof to Calisthenics Amsterdam.
5.2 The Participant authorizes Calisthenics Amsterdam by agreeing with these General Terms and Conditions to debit the subscription costs due by means of direct debit to Calisthenics Amsterdam.
5.3 If the payment via automatic debit is not successful, Eversports will make another attempt after 14 days. If this attempt also fails, Eversports will send a payment link via email with a friendly request to make the payment within 14 days. If this does not happen, further extensions are not possible, and Eversports will inform Calisthenics Amsterdam. Calisthenics Amsterdam then has the right to cancel the subscription immediately and/or suspend or terminate our obligations, and will prepare the final invoice, charging the remaining and due subscription fees, VAT, costs, and any additional charges through Eversports.
5.4 If the Participant does not pay the amount due from this final invoice within the specified period, a debt collection agency will be engaged. The costs of engaging the debt collection agency will be recovered from the Participant.”
5.5 Calisthenics Amsterdam reserves the right to index and change its prices and rates.
Article 6 - Registration and cancellation of lessons
6.1 The participant must register prior to a lesson via the appropriate online registration system. It is not possible to participate in a lesson without registration.
6.2 Participant can unsubscribe up to one (2) hour before the start of a group lesson. One registration credit will be lost without and / or in case of late cancellation.
6.3 Calisthenics Amsterdam would like to give everyone a place to train. If you cancel too late, as described in article 6.2, Calisthenics Amsterdam may charge an amount of five euros (€ 5.00) for each class that is canceled or not canceled.
Article 7 Cancellation Participants Agreement
7.1 Duration of the subscription. Most subscriptions at Calisthenics Amsterdam are offered on a 4-week basis after the first 3-month trial.
7.2 Notice period for 4-weekly subscriptions. Participants with 4-weekly subscriptions can terminate their agreement in writing with a notice period of 4 weeks (equivalent to one period). This means that after the termination is received, the current 4 weeks must still be completed before the notice period of 4 weeks starts.
7.3 Confirmation of termination. Upon receiving the written termination, Calisthenics Amsterdam will send a confirmation to the Participant within fourteen days. If the Participant has not received the confirmation on time, they must immediately contact Calisthenics Amsterdam. If this does not occur, Calisthenics Amsterdam will assume that the termination has not taken place or has not occurred in a timely manner.
7.4 Notice period after contact. If the Participant still wishes to terminate after contacting Calisthenics Amsterdam, the 4 weeks in which contact was made will be completed before the actual 4 week notice period begins.
7.5 Temporary suspension. In the case of long-term illness, injury, and/or pregnancy of the Participant, the Participant’s agreement can be temporarily suspended or terminated after consultation and the submission of a written medical certificate.
7.6 Immediate termination. Calisthenics Amsterdam has the right to terminate the Participant’s agreement immediately if: The Participant, in Calisthenics Amsterdam opinion, engages in unacceptable behavior; If the Participant systematically violates Calisthenics Amsterdam’s rules; or If a third party, due to any act or with the knowledge of the Participant, uses the Participant’s card.
Article 8 Risk and Liability
8.1 Calisthenics Amsterdam is solely responsible for the quality of its gyms and the services it provides. Calisthenics Amsterdam is liable only in the event of any issues with the gym or if the service does not meet its description. If a participant notices a deficiency, they should contact Calisthenics Amsterdam so that Calisthenics Amsterdam can rectify the issue as soon as possible. Calisthenics Amsterdam has limited its liability for a failure to fulfill the obligations under this agreement to the actual amount paid by the insurer.
8.2 The use of the facilities of Calisthenics Amsterdam 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 Calisthenics Amsterdam is entirely for the own account and risk of the Participant.
8.3 Participant is obliged to both before, during and after expiry of any training coached by a trainer, render report verbally 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. This information is not stored anywhere and must be reported again before each class.
8.4 Both Calisthenics Amsterdam 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, unless the accident is a result of a defect in the gym. In that case, the liability limitation mentioned in Article 8.1 applies.
8.5 Calisthenics Amsterdam and its employees accept no liability whatsoever for damage, loss or theft of properties of Participant and/or third parties.
8.5 Participant is liable for damage caused to properties of Calisthenics Amsterdam, if this damage is the consequence of omission and/or fault of the Participant.
8.6 The exclusions and limitations of liability as stated in this article, are also stipulated for and for the benefit of subordinates of Calisthenics Amsterdam and any other person of whose help Calisthenics Amsterdam makes use in the execution of the Participants Agreement.
Article 9 Personal data and privacy policy
9.1 Participant is aware of the fact that he/she provides certain personal data to Calisthenics Amsterdam, such as among others name, age, address and email address.
9.2 The Participant agrees to these terms and conditions and grants Calisthenics Amsterdam 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.
9.3 Any processing of personal data by Calisthenics Amsterdam is done in accordance with the General Data Protection Regulation and its privacy policy, which can be found www.calisthenicsamsterdam.com
Article 10 Complaints Procedure
10.1 If the Participant has a complaint about Calisthenics Amsterdam or any of Calisthenics Amsterdam’s employees, they can submit this complaint via info@calisthenicsamsterdam.com. The Participant will receive a confirmation of receipt of the complaint within one week.
10.2 The complaint will be addressed by the location manager within two weeks. The location manager will investigate the complaint. If necessary, additional information will be requested from the participant or a the participant will be invited to an discussion to further investigate the complaint.
10.3 Within six weeks, the participant will receive a written message regarding the handling of their complaint, including a description of the actions taken and a proposed solution..
Article 11 Applicable law and competent court
11.1 These Terms and Conditions for Participants are in force with effect of 1 July 2024.
11.2 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. Calisthenics Amsterdam 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.
11.3 Each legal relation with Calisthenics Amsterdam will be governed by the Laws of the Netherlands. All disputes between Participant and Calisthenics Amsterdam 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.
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