TERMS ANS CONDITIONS HEALTH CLUB JORDAAN
Article 1 Applicability
These Terms and Conditions apply to all Agreements between Health Club Jordaan (from now on: HCJ) and the Consumer.
Article 2 The Agreement
The Agreement is made final by agreeing with the Terms and Conditions in the online shop or by signing the printed version of the membership form. If the Agreement is closed online the Consumer has the right to repeal within 14 days. HCJ will then refund any payments that may have been done. The right to repeal is forfeit, for both online and offline closed Agreements, once the Consumer has accessed the facility.
The Agreement is strictly personal. The Consumer agrees to be put on the mailing list for newsletters and promotions. The Consumer can sign out anytime by using the sign out link at the bottom of every email.
Article 3 Duration and Termination
1. HCJ offers consumers the following membership options:
- Agreements for 4 weeks (Flex memberships)
- Agreements for 1 year (Discount memberships)
2. The rates for the different membership options are related to the duration of the Agreement. The rates are lower for memberships with a longer duration. Current rates can be found online or on the printed membership forms.
3. After their initial period, year memberships (Discount memberships) will be extended indefinitely without notice by 4 weeks at a time and for the same rate (Discount). Discount memberships can be terminated by providing a written notice at least 4 weeks (28 days) before the contract end date.
4. Unless agreed otherwise the Agreement for a year membership (Discount membership) must be terminated at least 4 weeks (28 days) before the contract end date. A year membership (Discount membership) cannot be terminated during the initial year, but only per contract end date. The lower rates for year memberships are based on the fact that the Consumer will stay on as a member for at least a year.
5. Flex memberships automatically extend by 4 weeks (28 days) without notice, unless terminated in writing at latest 2 weeks (14 days) before the contract end date.
6. A premature termination of a membership is only possible when the Consumer has to relocate more than 5 kilometers away from HCJ. The termination can only be processed after the Consumer has provided proof of moving (lease or purchase contract). The aforementioned termination notice of 4 (Discount memberships) or 2 (Flex memberships) weeks still applies. If a year membership is terminated prematurely, HCJ is entitled to charge the rate that corresponds with the membership period that has passed. Example: in the case of a premature termination of a yearly Discount membership, the rate will be re-calculated as it were a Flex membership. If for example 4 periods have passed, HCJ can charge the rate difference times four. The Consumer forfeits any periods that were or will be free of charge, due to a special offer, medical reasons or vacation. HCJ can also charge the Consumer for the period that was originally free of charge if he/she visited the facility.
7. Terminations must be done personally and in writing. Preferably by filling in a termination form at the front desk of HCJ but a termination by email is also valid.
8. If the Consumer is unable to use the facilities for a period of 4 weeks or longer as a result of an injury, pregnancy or illness, then HCJ can decide to extend the contract period free of charge. This term does not apply in retrospect so the Consumer has to inform HCJ at the earliest possibility if the membership has to be paused. The payments will continue until the contract end date, also when the membership is paused. The Consumer will be compensated in extra time free of charge when the initial contract period has ended.
9. HCJ has the right to terminate memberships prematurely when:
- the Consumer violates one or more articles of the Terms and Conditions or the House Rules, unless the violation does not justify a termination or;
- if the Consumer has behaved inappropriately or illegally against HCJ or one of its members.
Any payments done for future periods will be refunded after deducting the damage suffered by HCJ.
Article 4 Rates and changes
The rates are agreed to prior to delivering/using the service. HCJ will notify the Consumer at least 2 weeks in advance if there are any changes in the rates based on the price index for consumer consumptions or as a result of changes in the law.
Article 5 Obligations for HCJ
1. HCJ will make sure that the facilities and services meet the requirements in the agreement.
2. HCJ will perform proper maintenance on the facilities.
3. HCJ will make sure that the instructors are as knowledgeable as can be expected by the Consumer.
4. HCJ ensures that there are enough first aid kits available.
Article 6 Obligations of the Consumer
1. The Consumer will adhere to the House Rules that can be found on the website.
2. The Consumer must report all physical and/or mental limitations that may have a negative effect when visiting the facility.
3. The Consumer will follow all instructions given by HCJ staff. It is not allowed for the Consumer to use facilities or machines that are unknown. HCJ can provide instructions and supervision if necessary.
4. It is not allowed to access the facility in possession of or under the influence of, illegal substances or alcohol. If the Consumer is on medication that may be dangerous, then exercising is not allowed.
5. Smoking is prohibited throughout the facility.
6. The Consumer has to timely inform HCJ if there are changes in address, email, bank account number and/or phone number.
Article 7 Changes in offer
HCJ may, within reason, apply changes in the offered facilities, classes and opening hours. HCJ will inform the Consumer at least 2 weeks in advance in writing. Changes in instructors can occur and are no valid reason for a premature termination of a membership.
Article 8 Club card
1. After paying the upcoming membership period and showing a valid ID, the Consumer receives a club card as proof of membership. It is mandatory for the Consumer to check in with the club card at every visit by using one of the card readers located at the front desk.
2. When the club card is lost the Consumer has to buy a new one at the front desk. HCJ is allowed to charge a reasonable amount for a replacement card.
3. The club card is the property of the Consumer and it is strictly personal. There is no deposit on the club card.
Article 9 Payment
1. The owned membership payments will be charged and payed as agreed.
2. The Consumer is in default when the payment is not done or done too late. HCJ will then notify the Consumer in writing that the payment has to be done within 2 weeks.
3. Once the payment term has expired HCJ can handover the case to a debt collector. HCJ has the right to charge interest and additional collection charges to be paid by the Consumer. This is conform article 6:96 paragraph 2 of the Civil Law book. HCJ can then deny the Consumer access to the facilities.
4. HCJ can take further legal action if the payment obligation has not been met after the payment term of 2 weeks.
5. If the Consumer is in default, HCJ has the right to charge the remaining terms of a year membership directly.
Article 10 Liability
1. HCJ can be held liable by the Consumer for any damages as a result of not living up to the obligations in the agreement. HCJ cannot be held liable for damage to or missing of private property.
2. The Consumer can be held liable by HCJ for any damages as a result of not living up to the obligations in the agreement. HCJ can also charge the Consumer for damage as a result of negligence or intent.
3. Visiting and using the facilities is at the Consumers own risk. HCJ cannot be held liable for any damages or injuries as a result of accidents, theft, fire or any other events, unless HCJ is to blame for intent or negligence.
Article 11 Applicable Law
Dutch law applies to all the Terms and Conditions in this agreement.