Terms and conditions.

We are Clubsportive, part of the Urban Gym Group B.V. (Clubsportive). Clubsportive offers a membership for the use of fitness facilities at the Clubsportive club (the Membership). For more information about Clubsportive and the different Memberships, visit the website: https://clubsportive.nl/

1.1 These general terms and conditions (Terms) apply to the legal relationship between Clubsportive and every natural person who concludes a Membership (Member).

1.2 Clubsportive offers Members, among others, fitness facilities, group lessons, and personal training (the Services).

1.3 These Terms also apply to every person who uses the Services of Clubsportive, regardless of whether a Membership or any other agreement has been concluded with Clubsportive. Thus, these Terms apply, inter alia, to the by Clubsportive offered trial lessons and/or day passes. The Terms will be made available to a Member when registering for the trial lesson and/or day pass.

1.4 Clubsportive offers Services under the condition that a Member, and any other user of the Services, accepts these Terms.

2.1 Clubsportive offers different kinds of Memberships. An up-to-date overview of the various Memberships and additional Services which can be concluded at a Membership are available on the Clubsportive website.

2.2 The Membership starts on the day of registration. Clubsportive provides the Member with an overview of the Membership upon completion of registration (Registration confirmation).

2.3 If a member has previously held a Clubsportive membership and still has an outstanding debt with Clubsportive or with our debt collection agency, or if a member has been denied access to any facility of Urban Gym Group, including, but not limited to Clubsportive, they are not eligible to sign up for a new membership.

2.4 The Membership will, after the end of the agreed term, as stated in the Registration confirmation, be converted into a Membership for an indefinite period that with one month’s notice may be terminated at any time in the manner described in article 4 of these Terms. More information about the extension of Memberships and the associated fees can be found on the Website.

2.5 You can upgrade your membership with additional options, such as a private locker (minimum 6 months) or exclusive services (minimum one year). These upgrades are linked to your existing membership and can be applied for directly on our website: https://clubsportive.nl/memberships/. After the specified periods, each upgrade can be canceled on a monthly basis by submitting a request through our website: https://clubsportive.nl/contact-form/. It is not possible to scale back to a cheaper Membership or to a membership of a shorter duration, when the Membership is still in contract.

2.6 The Membership is personal and non-transferable. The same applies to utilizing the QR code in the Clubsportive app for club access. The Membership can only be used by the Member that entered into the Membership.

2.7 The Membership can in consultation with Clubsportive be frozen on medical grounds (suspension). Clubsportive reserves the right to request additional evidence from a Member when requesting a freezing. The freezing period can only commence after the member has submitted the requested evidence and it has been reviewed and approved by Clubsportive. The period that the Membership is frozen will be added to the originally agreed term. If the freeze period starts during an ongoing membership period, the full membership fee will be charged according to the regular payment schedule, and a pro rata credit will be applied to the next payment fee after the freeze ends. A freeze can last from a minimum of one to a maximum of six months, with a maximum of 6 months per 12 months.

3.1 After the conclusion of a Membership, the Member has the right to cancel the Membership free of charge up to fourteen (14) days from the registration date.

3.2 When exercising the right of withdrawal, the Member owes an amount based on the basic rate for the agreed Membership, proportional to the Services the Member used during his/her period as a Member. Any Promotions no longer apply to the Membership upon use of the right of withdrawal.

3.3 A Member can only cancel the Membership or any cancellable Services via the Clubsportive environment, such as the Clubsportive app or the online contact form.

4.1 Cancellation of the Membership is possible by the end of the agreed term, subject to one month’s notice. All memberships with a duration of more than one year can, under certain conditions, be cancelled after a minimum period of one year. Any additional fees resulting from the difference in membership fees and promotions received up to that point must first be paid before the cancellation can be processed, as memberships have different fees and promotions, depending in part on the contract duration. At the end of the agreed term of the Membership, the Membership is automatically converted into an indefinite Membership, and it can be terminated at any time, subject to one month’s notice.

4.2 A Member can only cancel their membership or any cancellable services via the Clubsportive online environment, such as the Clubsportive app or the online contact form.

4.3 Interim cancellation of a Membership or part of the Services is only possible by payment of the total amount of the remaining Membership Fees and/or fees for the Services for the remainder of the agreed term from the time of interim cancellation (Residual amount). When calculating the Residual amount, applicable Promotions are excluded.

4.4 Vending machine credits, if applicable are non-refundable.

4.5 Clubsportive reserves the right to terminate a Membership without giving reasons and without refund of Membership Fees in the cases below:

a) Without prior warning, if a Member seriously and/or repeatedly violates the regulations set by Clubsportive and/or Clubsportive House Rules and/or there is any other reason that maintaining the Membership can no longer reasonably be expected from Clubsportive;

b) After prior written warning, if payments arising from the Membership are not made thirty (30) days after the payment due date, the payment obligation does not expire; or

c) After prior written warning, if a Member fails to comply with these Terms.

5.1 The Membership is entered at the rates set out in the Registration confirmation (the Membership Fees). The current Membership Fees are also available on the Clubsportive website.

5.2 Clubsportive reserves the right to change the Membership Fees and/or the payment frequencies of the memberships. Any increases in the Membership Fees or change in payment frequencies will be announced thirty (30) days prior to the increase or change, via an e-mail to the e-mail address provided by the Member or via the Clubsportive app. If there is an increase in the Membership Fees or change in payment frequencies, the Member has the right to terminate the Membership free of charge within four (4) weeks of the announcement.

5.3 Clubsportive reserves the right to index the Membership Fees annually based on the Consumer Price Index (CPI) from Statistics Netherlands (CBS). The termination option in the event of an increase in the Membership Fees from article 5.2 does not apply in the event of an indexation of the Membership Fees by Clubsportive based on the Consumer Price Index.

5.4 Promotions offered by Clubsportive, such as ‘free months’, ‘(gift) vouchers’, ‘personal Training sessions’ or any additional discounts, are made available in conjunction with a paid Membership (Promotions). Promotions only commence upon completion of the Membership registration as stated in the Registration confirmation, or during the term of the Membership in the manner communicated to the Member in writing by Clubsportive. . In the exceptional case of cancelling within contract, Promotions accepted on registration such as ‘free months’ or 'discounts' etc., will be charged additionally to the one month’s notice period. Exception to this are free periods obtained through the ‘Refer a Friend’ promotion.

5.5 A Promotion must be accepted before any advertised expiry date. Except where prohibited by law, Clubsportive reserves the right to amend, suspend or terminate any Promotion at any time and for any reason, Clubsportive will not honour subsequent entries into the Promotions. In the case of any Promotions, the associated promotional period will continue for the period advertised by Clubsportive.

6.1 All members are required to download the Clubsportive app and create a complete member account, including an up-to-date profile picture, to access the club. Entry is granted by scanning the QR code in the Clubsportive app. You also need to scan your QR code when exiting the club.

6.2 To ensure optimal and secure services, all member visits are registered.

6.3 Members can check their visit frequency directly in the Clubsportive app.

7.1 Member uses Clubsportive’s Services at their own responsibility and risk.

7.2 Member remains personally responsible for their own behaviour within Clubsportive’s clubs. Clubsportive is not liable for the conduct of a Member and any resulting damages.

7.3 Clubsportive is not liable for any personal injury, accident, or death of a Member during their stay in and around Clubsportive, regardless of whether the provided facilities are used, except in the event of wilful intent or deliberate recklessness by Clubsportive.

7.4 Member indemnifies Clubsportive against any liability to third parties for damages suffered by the third party in question during his or her attendance at the Clubsportive club as a result of acts or omissions by a Member.

7.5 Clubsportive is not liable for damage to or loss of property, as well as theft of property in Clubsportive’s club.

7.6 If Clubsportive can in any event in any way be held liable for Member’s damages, Clubsportive’s liability is limited to the amount paid out by the insurer of Clubsportive in that specific case.

7.7 Nothing in these Terms shall exclude or limit Clubsportive’s liability where it cannot be excluded or limited under applicable law, such as in the event of wilful intent or gross negligence by Clubsportive.

9.1 Payment of Membership Fees and additional services is made periodically via SEPA direct debit. The SEPA direct debit authorisation is deemed to have been issued by a Member during registration. In the event of SEPA Direct debit failures, you have the option to pay outstanding Membership Fees via the Clubsportive app.

9.2 Administration and/or registration fees can be paid at the clubs or via the Clubsportive app.

9.3 If a specific payment period cannot be debited by direct debit and is also not paid via the Clubsportive app, resulting in arrears in the payment of the agreed membership fees, statutory collection costs will be charged. If a debt remains outstanding, the case may be transferred to our debt collection agency, which may charge additional costs such as interest and collection fees. In such cases, Clubsportive also reserves the right to suspend its services and deny access to the club(s).

8.1 Member must comply with the instructions given by Clubsportive employees, established regulations, and the Clubsportive House Rules. The Clubsportive House Rules are available in the club and on the Website.

10.1 By entering the Membership, the Member declares that it accepts these General Terms and Conditions. In addition, by entering the Membership, the Member declares that it has read the House Rules, the Privacy Policy, the Promotion Conditions and other regulations established by Clubsportive.

10.2 In the event of non-compliance with these General Terms and Conditions or the House Rules and other regulations established by Clubsportive, Clubsportive is entitled to deny the Member access to the clubs and terminate the Membership with immediate effect, without any right to a refund of any made payments. Payment for all outstanding amounts up until the end of the membership is still required.

11.1 Clubsportive reserves the right to change opening times, class schedules, and rates at any time. Clubsportive is also entitled to close the club during public holidays, for maintenance or any other reason without providing a reduction in membership fees or any refunds.

11.2 Changes to these Terms by Clubsportive will be communicated to the Member via e-mail two months before they take effect. The Member has the option to cancel its Membership free of charge in the event of substantial changes to these Terms, subject to a notice period of at least one month by the date on which the new Terms come into force.

11.3 Member can submit any complaints regarding the General terms and Conditions via the contact form on the Website.

11.4 If any provision of these Terms is held to be unlawful, void, voidable or otherwise unenforceable, this shall not affect the validity and enforceability of the remaining provisions of these Terms. The unlawful, void, voidable or otherwise unenforceable part shall be (deemed to be) replaced by a valid and enforceable provision that comes as close as possible to the purpose and scope of the replaced provision.

11.5 Should Clubsportive be unable to offer its Services (in part) to Member due to a force majeure situation, including (government) restrictions, payments already made by Member will not be refunded. During this period, Clubsportive is entitled to continue to collect Membership Fees from Member. Clubsportive endeavours to offer suitable alternative Services to Member in the event of a (governmental) restriction or force majeure situation at Clubsportive. In the event that Clubsportive fails to provide suitable alternative Services in this situation, Member has the right to suspend its obligations under the Membership during this period or to cancel the Membership.

12.1 Clubsportive considers the protection of personal data to be important. Clubsportive acts in accordance with the General Data Protection Regulation (GDPR).

12.2 Our privacy policy tells you what personal data Clubsportive processes and what we do with it: https://clubsportive.nl/privacy-cookies/.

12.3 At the request of our parent company Urban Gym Group B.V, we use camera surveillance, for access control and to protect property and people in our clubs. There are no cameras in the changing rooms and toilets of the clubs. You can read more about this in our privacy policy.

13.1 These Terms and all other agreements between Clubsportive and Member are governed exclusively by Dutch law.

13.2 If Clubsportive and a Member cannot resolve a dispute between themselves, disputes between the Member and Clubsportive shall be submitted to the Geschillencommissie Sport en Beweging, Bordewijklaan 46, 2509 LP Den Haag (www.degeschillencommissie.nl) (Geschillencommissie Fitness) or to the competent court of the District Court of Amsterdam.

14.1 If you have a question, comment or suggestion, please contact us using the contact details or via the Website.

14.2 If you have a complaint, you can submit it via the contact form on our website.

Personal Training (PT) is only available to members holding a current membership with Clubsportive. Personal Training sessions cannot be used while your membership is on freeze (see article 2.7). All Personal Training sessions, except welcome and intake which are 45 minutes long, are for 1 hour.

Pack Payment (Services)

You must pay for Personal Training by purchasing a "Personal Training Membership," "Personal Training Pack," or "PT Promo," and payment must be made in advance of any sessions taking place.

Personal Training must be used within the allocated time of usage of the PT Membership, after which any remaining sessions will expire.

PT Promo sessions must be used within 30 days of purchase, after which any remaining sessions will expire.

During the period of validity of the Credits for purchased online packages, credits can be booked with the Personal Trainers with the matching level. The validity of these Credits is as follows:

• Packages up to 4 credits = valid for 4 weeks

• Packages of 8 credits = valid for 10 weeks

• Packages of 12 credits = valid for 16 weeks

• Packages from 24 credits = valid for 28 weeks

NB: All promotional bonus sessions will be included within the aforementioned validity periods.

Personal Training Membership (Additional Module)

The sessions must be used within the allocated time of usage of the PT Membership, after which any remaining sessions will expire after 4 weeks from purchase.

Should you fall into arrears with your payments, your Personal Trainer will not be able to deliver any further sessions until the arrears are paid in full.

The 52-week PT Membership is in conjunction with a complimentary 52-week gym Membership. However, early termination of the Membership, promotions enjoyed, such as 'free months', will still be charged.

Your Personal Training Membership will automatically continue after the contract end date. Upon that date, it will turn into a monthly rolling payment (please see the cancellation policy).

In the event that a specific payment period due cannot be taken from your bank account and arrears in the payment of the agreed Membership Fees will happen, you will still be charged, and credits occurred, and payment will still be expected.

Please refer to the cancellation page of 'additional modules' for more detailed information.

Overall Personal Training Memberships and Packs

A Personal Training session can be reserved via the app with the relevant Personal Trainer. One Credit entitles you to one session of 60 minutes by a Personal Trainer.

During the period of validity of the Credits for memberships, credits can be booked with the Personal Trainers with the matching level. The credits are added to the personal account every 4 weeks and are valid for 4 weeks. After 4 weeks, any unused credits will expire.

Freeze

The freeze policy for Personal Training aligns with the company policy of freezing membership (see article 2.7). You cannot freeze Personal Training memberships alone.

Cancellations

Cancellation of the Personal Training Membership (additional modules) is possible by the end of the agreed term, subject to one month's notice. At the end of the agreed term of the Membership, the Membership is automatically converted into an indefinite Membership, and it is possible to terminate the Membership at any time, subject to one month's notice.

The member is solely responsible for the timely cancellation of their membership. Cancellations must be made in writing through the designated channels provided by us, such as the app. Failure to cancel the membership will result in continued charges, even if the member no longer utilizes the services.

Refunds

Refunds shall be dependent on the circumstances and at our sole discretion.

You have a 14-day cooling-off period from the purchase of any Personal Training Membership and Pack sessions. However, this right of withdrawal expires once the consumer has started using the service and has made use of any part of the service. If you wish to cancel or obtain a refund, please contact the support portal to process this.

We do not refund any purchased packages or sessions that are not used unless it is due to medical reasons preventing the member from training. In such cases, the member must provide full medical proof of the ailment and clear reasons for not being able to train. Please contact the support portal to process this.

If your Personal Trainer leaves the company, the Club Manager will allocate you another Personal Trainer and will supply them with your complete training history. Refunds will not be provided under these circumstances.

If your Personal Trainer is long-term sick, the Club Manager will allocate you another Personal Trainer and will supply them with your complete training history. Refunds will not be provided under these circumstances.

Booking and Reversal Conditions

If you need to cancel a session that you have booked, you must cancel it at least 24 hours before the start of the session via our app. Failure to do so will result in losing a session.

If you're late for your session, your session length will be reduced accordingly, and you will be charged the full credit rate.

If you're more than 30 minutes late for any sessions, the session may be cancelled, and you will lose your credit.

If you do not attend your session, a 'credit' will be deducted from the membership as this will be considered a no-show.

Personal Trainers

By purchasing a personal training membership and packs, the member acknowledges that, due to operational or other circumstances, they may be allocated to a different trainer or club.

If you would like to change Personal Trainers for any reason, please contact the Club Manager, and they will assist you, if applicable.

Should you experience any pain, discomfort, or injury during any of your sessions, please inform your Personal Trainer immediately, who will ensure appropriate action is taken.

Prior to or during the course of your Personal Training, health concerns may arise that may require further input from your Doctor, Physiotherapist, Nutritionist/Dietician, or other healthcare professional. If such concerns arise, you should consult an appropriate health professional before continuing your Personal Training sessions.

Please be aware that Personal Trainers are not healthcare professionals and cannot diagnose and/or prescribe treatment for any form of injury, disease, or other medical problem.

Personal Data

For our company privacy, please see our policy. We consider the protection of personal data to be important. We act in accordance with the General Data Protection Regulation (GDPR). Our privacy policy tells you what personal data we process and what we do with it: Clubsportive Privacy Policy.

Clubsportive B.V.

Address: Gustav Mahlerplein 24

KvK number: 34218396

Contact us online: https://clubsportive.nl/contact-form/