As a member of FITGYM, you declare that upon registration and use of our gym, you have read and accepted the house rules, terms and conditions, and privacy statement, and agree to abide by them. The house rules, terms and conditions, and privacy statement can be found on our website www.fitgymvelp.nl. These rules and statements will come into effect on November 1, 2023, and apply to all FITGYM members.

FITGYM reserves the right to unilaterally modify the house rules, terms and conditions, and privacy statement.

 

FITGYM: By that, we mean FITGYM VELP Chamber of Commerce number 75156389, E: info@ptpaintsil.nl, A: Den Heuvel 7, 6881VA Velp, The Netherlands.


FITGYM HOUSE RULES

At FITGYM, we value the safety and enjoyment of all our members and guests while exercising together in a pleasant environment. Therefore, the following house rules apply to anyone training in our gym.

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 LET'S KEEP OUR GYM CLEAN, BEAUTIFUL, AND SAFE TOGETHER

• Wearing clean sports shoes and appropriate sportswear is mandatory. Please switch your outdoor shoes for indoor shoes.

• During your workout, we kindly ask you to use a towel (140 cm) and to clean the cardio equipment after use for the next person. This also applies to any sweat drops on the floor. We provide special cleaning supplies for this purpose.

• Food items and non-sealable drink containers are not allowed in the gym;

• Smoking and the use and/or distribution of prohibited substances in the club is prohibited;

• Alcohol and drugs are prohibited in the gym;

• Training under influence of is not allowed;

• Animals are not allowed in the gym, except for service dogs;

• In order to keep our gym clean and the equipment undamaged, the use of magnesium powder or any other grip-enhancing powder is not allowed.

 

WE RESPECT THE PRIVACY AND RELAXATION OF OUR MEMBERS

• Making phone calls and taking photos or videos in the sports facility by our members and guests without permission is not allowed.

• Playing loud music through the phone or any other device without using headphones is not allowed.

• Treat the equipment and the accessories with respect. Avoid dropping them loudly on the ground and prevent any damage.

• After using the accessories, please put them back in their designated places.

• Verbal and/or physical violence is not tolerated in the gym;

• Unwanted and/or wanted intimacies are not tolerated in the gym;

• Keep equipment available for others if you are not actively using them.

• Occupying multiple machines is not allowed;

• Keep in mind that FITGYM has upstairs neighbors and is located in a residential area. Both inside and outside, one should not disturb the residents.

 

LET'S TRAIN SAFELY TOGETHER AND HELP EACH OTHER DURING UNSUPERVISED HOURS

• It is mandatory to have the Weareble (wristband) with you when entering the gym;

• Children under the age of 18 are only allowed to exercise under the supervision of an adult family member if they want to train outside of the supervised hours. The responsibility lies with this family member, not with FITGYM;

• The instructions of the FITGYM staff must be respected and followed;

• FITGYM is authorized to deny individuals temporary or permanent access if there are reasonable grounds for doing so. Please refer to the applicable terms and conditions for more information;

• Make sure you know how to use equipment and perform exercises properly. Respect your limits and ensure you know what you are capable of, potentially with advice from a (medical) specialist. You are solely responsible for your own well-being. If you want supervised training, you can attend the guided hours or train with one of our personal trainers.

• Use the equipment only for its intended purposes.

• Gathering in the gym in large groups and lingering around one machine is not permitted.

• Sleeping in the gym is not allowed.

• Using the gym for anything other than sports and sports-related purposes is not permitted.

• Personal belongings that are not necessary for sports, such as jackets, bags, helmets, etc., are not allowed in the sports areas.

• We advise you not to bring any valuable items and to use lockers for storing your belongings. Lockers are emptied daily.

• Sales and/or promotional activities or providing personal training services are not allowed without permission from FITGYM.

• If there is no staff present at certain times, you should be aware of the safety protocols in place.

• If you are exercising alone, it is mandatory to wear the PANIC BUTTON. Failure to follow this rule is at your own risk and releases FITGYM from any liability;

• For safety and as an additional security measure, audio/visual surveillance is in place. This is used as a safety precaution to be able to act quickly in case of an emergency;

• It is not allowed to let in members or non-members who are at the door. If someone is unable to enter, they must use the intercom;

 

GENERAL TERMS AND CONDITIONS FITGYM VELP 24/7

ARTICLE 1: BECOMING A MEMBER AND RIGHT OF WITHDRAWAL

1. The annual subscriptions have a fixed nature. It is not possible to change to a subscription with fewer visits per week or to block the subscription during this period. Upgrading to more visits per week is possible. Please note that when changing an annual subscription, the yearly contract restarts on the date of the change. Adjustments are possible for monthly contracts.

2. It is possible to terminate the agreement without stating reasons within 14 calendar days from the date of your registration. You can do this by sending an email to the address info@ptpaintsil.nl. This cooling-off period does not apply if you have already used the membership within the 14-day period. If you decide to cancel the membership and it has not been used during this period, then FITGYM can charge membership fees proportionally (from the activation of the membership until the day of cancellation, including any registration fees)

3. The automatic debit takes place every 4 weeks.

 

ARTICLE 2: MEMBERSHIP, TERM

1. We offer various forms of membership, the details of which can be found on our website (https://www.fitgymvelp.nl/inschrijven) or at the gym.

2. If you would like to try out our facilities, you can book a trial lesson on our website (www.fitgymvelp.nl/gratisproefles). You can participate in a trial lesson only once, starting from the age of 15 and older. Trial lessons can only be booked during the supervised hours. These can be found on our website.

 

ARTICLE 3: RATES AND PAYMENT

1. If we are unable to collect your payment for any reason (e.g. reversal, insufficient funds, etc.), we will resend the direct debit to your bank. If you fail to fulfill your payment obligation, access to the bracelet will be blocked until the payment obligation is met.

2. If you still fail to fulfill your payment obligation after being notified of default, you will be in default. At that point, we may hand over the claim for collection. We also have the right to terminate the agreement at the end of the contract term. Upon termination of the contract term, you will only be liable for any outstanding membership fees.

3. Once a year, on January 1st, we may increase our rates by a maximum of 5%. If we choose to do so, it does not give the right to terminate the agreement, unless the rate increase occurs within three months after the conclusion of the agreement or exceeds 10%. Rate adjustments due to government measures can be implemented immediately regardless of the amount and do not entitle to termination.

4. If you do not make use of the agreement, no refund of the membership fee will be made, except for the specific cases explicitly determined in these General Terms and Conditions.

1. The prices include VAT, corresponding to the sum of the amounts excluding taxes to which the applicable VAT is applied. FITGYM reserves the right to implement any new tax and VAT rate increase on these prices as soon as it becomes effective.

 

ARTICLE 4: PERSONAL TRAINING

1. Personal Training sessions are conducted in specific programs. These programs are automatically collected or invoiced in advance.

2. If you are unable to attend a personal training session, you can reschedule it within the same week. This is subject to availability of time slots and trainers. It is possible that another trainer will conduct the session. In case it is not possible for either party to reschedule the session within the same week, the session will be forfeited but still charged.

3. If the personal training session cannot start at the agreed time due to the client's absence without prior notice of 48 hours, the session will last until the end of the agreed time. If the personal training session cannot start on time and the trainer is at fault, the missed time will be compensated by the trainer, if possible, either immediately or added to a future session.

 

ARTICLE 5: USE OF FITGYM WEARABLE

1. The FITGYM wearable (wristband) will become your property after purchase.

2. You cannot transfer your membership and this band to another person. It is a personal membership.

3. If you want to bring someone who is not a member, that is only possible during guided hours by booking a trial class or during the registration of the person in question.

4. If you have lost your band or if it has been stolen, please report this to our gym. We will then block access with this band and you can purchase a new one for €30.

 

ARTICLE 6: OPENING HOURS

1. FITGYM is open 24 hours a day, 7 days a week, and 365 days a year. There may be certain hours when no staff is present. This will generally be between 11:00 AM and 5:30 PM and between 8:30 PM and 8:00 AM. During these times, there will be no physical presence of a staff member in the gym, but supervision will be provided through an innovative security system and support via an intercom located outside the building. If you train outside the guided hours and are the only person present, it is mandatory to wear the panic button. Failure to comply with this requirement means that training is at your own risk and FITGYM cannot be held liable.

2. You must be at least 18 years old to use the gym outside of guided hours. It is allowed to train outside guided hours if you are accompanied by an adult family member or being supervised by a personal trainer.

3. FITGYM is authorized to temporarily or permanently change the opening hours of the gym if there are objective reasons to do so. In the case of a permanent change, FITGYM may do so unilaterally as long as it is of minor importance compared to the total number of open hours or the start or end time.

 

ARTICLE 7: RELOCATION OR INJURY

1. If you are moving, you can terminate the agreement prematurely with a notice period of 28 days, which starts from the date of receipt of the termination. In that case, we will ask you to provide proof of your new address using a copy of your registration with the municipality (which must not be older than 3 months).

2. We hope that you come to exercise with us in good health. For all membership types, you can request a suspension of your membership for medical reasons, under the following conditions:

• Membership can only be suspended after FITGYM receives a valid medical certificate via email indicating that the member is temporarily unable to exercise.

• The medical certificate indicates a suspension period of at least 1 month from the date of sending the certificate to FITGYM.

• The suspension starts from the date of receipt by FITGYM and does not have retroactive effect.

• The suspension is always for a specific duration and ends on the prescribed date in the medical certificate.

1. The duration of the agreement will be adjusted proportionally to the period of suspension.If you provide a medical certificate stating that you will be unable to exercise for a period of at least 6 months from the date of the certificate, FITGYM will terminate the membership at your request from the date of receipt of the request via email, accompanied by the medical certificate. Send it to info@ptpaintsl.nl.

2. If the medical certificate or proof of relocation is provided after the initiation of legal proceedings to recover the outstanding membership fees, they will no longer be accepted.

 

ARTICL 8: TERMINATION OF MEMBERSHIP

1. If you have entered into an agreement for a period of one year, you can terminate it no later than 28 days before the end of the term. If you fail to do so, the agreement will be extended indefinitely and can be terminated at any time without compensation, with a notice period of 28 days.

2. If you have entered into an agreement for a duration of one year and full advance payment, you can terminate it no later than 28 days end of the term. If you fail to do so, the agreement will be extended indefinitely and can be terminated at any time without compensation, provided that a notice period of 28 days is observed. Additionally, any overpaid amounts will be refunded to you proportionally based on the time already spent, if applicable.

3. If you have entered into an agreement that can be terminated flexibly every 4 weeks, you can terminate it at any time without compensation, provided that a notice period of 28 days is observed.

4. You can terminate your agreement by email. When terminating by email, you must provide the following information: your first and last name, your membership number, and your phone number. Termination at FITGYM is not possible.

5. We strive to create an environment in the gym where everyone respects each other and adheres to the rules. If you fail to comply with the terms of the agreement, or if you seriously and/or repeatedly violate the house rules or general conditions or exhibit unacceptable behavior, FITGYM may deny you access to the gym and terminate the agreement (immediately). Re-registering after such denial is a valid reason to terminate the new membership immediately. In such a case, FITGYM must refund the overpaid (membership) fees pro rata, excluding the startup costs.

6. Translate to English: 1. Exercising together is encouraged at FITGYM. However, coaching other athletes in the gym is strictly left to our trainers and personal trainers. If you still offer personal training and/or engage in other commercial activities in our gym, it may be a reason for us to terminate your agreement and seek any damages incurred.

7. If you grant access to another person, whether a member or non-member, in violation of our house rules and terms and conditions in any way, for example, by allowing them to walk through the entrance gate or giving them your wearable/wristband, then you are responsible for paying the price of a day pass, €15, plus €5 in administration fees. FITGYM reserves the right to block access to the gym until the price of the day pass is paid. In case of multiple violations, FITGYM has the right to terminate the agreement immediately.

8. All other mentioned ways of termination by you, such as unilaterally stopping the payments every 4 weeks, will be considered as an unlawful breach of the agreement. In these cases, all full membership fees remain payable. If these outstanding fees are not voluntarily paid by you, FITGYM may engage a collection agency to recover the outstanding fees.

 

ARTICLE 9: RISK AND LIABILITY

1. Engaging in sports activities can involve risks. If you use our facilities, you are responsible for assessing your own capabilities. We only provide active guidance during supervised hours. You may choose to hire a personal trainer. However, you remain solely responsible for how you engage in sports and the choices you make. The use of the facilities is at your own risk. If you have any doubts or concerns about your physical condition, we recommend seeking expert advice from a doctor or specialist to determine the appropriate and achievable way for you to exercise.

2. FITGYM and our trainers are not liable for any material or immaterial damage resulting from an accident or injury that you sustain in our gym and while using our equipment, with the exception of injuries caused by the actions or omissions of FITGYM.

3. We advise you not to bring valuable items with you to the gym. FITGYM always provides lockers, but their use is at your own risk. Experience shows that no locker is safe from experienced thieves. FITGYM accepts no liability for damage, loss, or theft of your property, except in cases caused intentionally or by gross negligence of FITGYM.

 

ARTICLE 10: COMPLAINTS    

1. We do our utmost to serve everyone and want to provide access to sports facilities to as many people as possible with our gym. If ou have any complaints, we regret that, but we would like to hear about it of course. In the first instance, you can of course approach one of our trainers, and in the second instance, you can contact us via email at info@ptpaintsil.nl.

ARTICLE 11: PERSONAL DATA

1. To execute your agreement, we use and have access to your personal data. FITGYM processes your personal data in a fair and careful manner and within the framework of applicable laws and regulations to protect your personal data, such as the General Data Protection Regulation (GDPR).

2. The privacy statement of FITGYM lists the data processed by us, the purposes for which we do so, and how we handle personal data. In addition, it explains how data subjects can exercise their rights regarding the processing of their personal data. You can find the privacy statement of FITGYM on our website.

3. To protect the safety of people and goods in our gym, we use an innovative security system for extra safety and support via intercom to monitor the gym 24 hours a day. This security system is limited to the sports hall and is not present in the toilet.

ARTICLE 12: CHANGES IN DATA

1. Changes in your personal situation (including address or bank details) must be communicated immediately via info@ptpaintsil.nl.

2. If changes are not communicated and FITGYM incurs costs to obtain new personal data, these costs will be charged to the member.
    

ARTICLE 13: HOUSE RULES

1. You are informed that FITGYM has established an internal regulation that is available on the website www.fitgymvelp.nl, which regulation can also be consulted at the reception desk of our gym if necessary.

2. FITGYM can refuse access to the gym at any time to persons whose behavior is in violation of the House Rules.

ARTICLE 14: APPLICABLE LAW AND DISPUTES

1. Only Dutch law applies to these general terms and conditions and all agreements entered into by or with FITGYM.

2. All disputes arising from the agreement between the member and FITGYM will be judged by the competent judge in the district where FITGYM is located.

 

 

PRIVACY STATEMENT OF FITGYM VELP

This is a privacy statement of Fitgym Velp located in Velp and registered with the Chamber of Commerce under number 76156389. This privacy statement describes which personal data we process, for what purposes these personal data are used and which measures we have taken to ensure that the processing takes place lawfully, properly and transparently in accordance with the requirements of the General Data Protection Regulation.

 

1. USE OF PERSONAL DATA
1.1 WE MAY PROCESS YOUR PERSONAL DATA IF YOU:
(a) visit www.fitgymvelp.nl;
(b) sign up for a product or service;
(c) become a member of our center;
(d) subscribe to our newsletters;
(e) contact us by email and/or phone and other contact moments;
(f) respond to an advertisement we have placed on Facebook, Instagram or other communicative mediums.

1.2 We may collect the following personal data:

(a) name, address, email address, date of birth, phone number, age, gender, IBAN, profession

(b) Membership number and/or customer number

(c) Agreements made

(d) Any health notifications provided by the member

(e) Any progress data (performance monitoring/measurements)

(f) Participation and attendance registration

 

1.3 WE CAN USE THIS DATA FOR (PURPOSE):

(a) effectuating membership and/or registration for an event and/or activity and/or processing of payment (billing and/or collection)

(b) modifying communicated changes in membership or registration

(c) contacting or maintaining contact with you

(d) sending out our newsletters

(e) optimizing our website and/or social media channels

(f) improving our service

(h) monitoring your progress

 

2. INFORMATION, AMENDMENT, CORRECTION, DELETION, TRANSFER, AND OBJECTION

You can contact us via info@ptpaintsil.nl;

(a) to obtain more information on how we process your personal data

(b) with any questions regarding this privacy statement

(c) to access the personal data we process regarding you

(d) to request correction, limitation, deletion, or transfer of your data

(e) to object to the use of your data by Fitgym Paintsil

 

3. DATA SECURITY

We will only use your data for the purposes mentioned in this privacy statement, and we will take adequate technical and organizational measures to secure your data.

 

4. THIRD PARTIES

4.1 WE WILL SHARE YOUR DATA WITH THE FOLLOWING THIRD PARTIES:

(a) Control Plus B.V. for membership administration and class registration, only in the case of membership.

(b) My Wellnesscloud Technogym for tracking your progress. You can access this through an app.

(f) ING, only in the case of collecting membership fees.

 

4.2 USE OF PHOTOS AND VIDEOS/FILMS

We may publish photos and videos/films of visitors and/or participants in activities at our facility or our activities at an external location on our website and social media channels, unless you explicitly and motivatedly object to this (see point 2). Before taking photos/videos, we will first ask for permission from the participants present.

 

5. RETENTION OF YOUR DATA

We will not keep your data longer than necessary considering the purpose of processing or other legislation that requires retention.

 

6. CHANGES TO PRIVACY STATEMENT

It is possible that this statement will be changed in the future. Therefore, we recommend regularly consulting this privacy statement.

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