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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/
CHAPTER 1 In general
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.
CHAPTER 2 Membership
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. The minimum duration of the Membership amounts to four (4) weeks. Clubsportive provides the Member with an overview of the Membership upon completion of registration (Registration confirmation).
2.3 The Membership will, after the end of the agreed term, as stated in the Registration confirmation, automatically be converted into a Membership for an indefinite period of time (the Flex-Membership) 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 Flex-Membership and the associated fees can be found on the Website.
2.4 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/.
2.5 The Membership is personal and non-transferable. The same applies to utilizing the entrance tag for club access. The Membership can only be used by the Member that entered into the Membership. The Membership can, in consultation with Clubsportive, be frozen on medical grounds. 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. A freeze can last a minimum of one to a maximum of six months.
CHAPTER 3 Right of withdrawal
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 after registration.
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 online. For instance, at: https://clubsportive.nl/cancellation/
CHAPTER 4 Cancellation of the Membership
4.1 Cancellation of the Membership 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 Flex Membership and it is possible to terminate the Flex-Membership at any time, subject to one month’s notice.
4.2 A Member can only cancel the Membership or any cancellable Services online. For instance, at: https://clubsportive.nl/cancellation/.
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 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:
CHAPTER 5 Membership Fees and Promotions
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 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. 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 using 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 on the basis of 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. On early termination of the Membership, Promotions enjoyed, such as, but not limited to ‘free months’ will still be charged.
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.
CHAPTER 6 Registrations
6.1 Alle members receive a Clubsportive access tag when joining Clubsportive to register their visits. The Clubsportive access key remains in property of Clubsportive. In the case that a member has lost their membership tag, a new tag can be bought for €7,50.
6.2 In order to provide optimal and secure Services, all Member visits are registered.
6.3 A Member can request their own visit frequency at the club’s front desk and in the Clubsportive app.
CHAPTER 7 Liability
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.
CHAPTER 8 Instructions
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.
CHAPTER 9 Payment
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.
9.2 Administration and/or registration fees can be paid at the clubs or online and must be paid before the first visit.
9.3 In the event that a specific payment period due cannot be debited by direct debit and arrears arise in the payment of the agreed Membership Fees, the statutory interest and statutory collection costs will be charged. In that case, Clubsportive also has the right to suspend its services.
CHAPTER 10 Conforming conditions
10.1 By entering into the Membership, the Member declares that it accepts these Terms. In addition, by entering into the Membership, the Member declares that it has read the House Rules 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.
CHAPTER 11 Other provisions
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.
CHAPTER 12 Privacy
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.
CHAPTER 13 Applicable law and competent court
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.
CHAPTER 14 Questions, comments and suggestions
If you have a question, comment or suggestion, please contact us using the contact details or via the Website.
If you have a complaint, you can submit it via the contact form on our website and then ‘complaint’).
CHAPTER 15: Personal Training
CHAPTER 16 Contact information34218396
Clubsportive B.V.
Address: Gustav Mahlerplein 24
KvK number: 34218396
Contact us online: https://clubsportive.nl/contact-form/