Terms and Conditions

**Terms and Conditions**

**Article 1 – Definitions**
In these Terms and Conditions, the following capitalized terms shall have the meanings assigned to them below. Definitions may be used in both singular and plural without loss of substantive meaning. In these Terms and Conditions, "in writing" refers to any form of communication via post, fax, or email:
1. **Terms and Conditions:** These conditions of Body & Mind Gym.
2. **Body & Mind Gym:** Roy van der Ploeg, trading under the name ‘Body & Mind Gym,’ located at (8701) WK Bolsward, 2e Hollandiastraat 39, registered in the Chamber of Commerce under number 74829424.
3. **Services:** The lesson program offered by Body & Mind Gym, consisting of kickboxing and breathing method lessons and activities, and all work performed by Body & Mind Gym for the benefit of the Member, whether commissioned by the Member or not.
4. **Member:** Any natural person who receives or intends to receive Services from Body & Mind Gym.
5. **Agreement/Assignment:** Any Agreement concluded between Body & Mind Gym and the Member, as well as any modification or supplement thereto.
6. **Parties:** Any party involved in the Agreement.

**Article 2 – Applicability**
1. These Terms and Conditions apply to all offers, Agreements, and obligations between Body & Mind Gym and the Member, as well as the execution thereof and the Services that Body & Mind Gym provides to the Member.
2. The Terms and Conditions apply not only for the benefit of Body & Mind Gym but also explicitly for all other (legal) persons working for Body & Mind Gym or any (legal) persons involved in providing Services by Body & Mind Gym.
3. Body & Mind Gym expressly rejects the applicability of the Member’s terms and conditions, regardless of their name.
4. Deviations from these Terms and Conditions can only be made in writing.
5. In the event of a conflict between the Terms and Conditions and the Agreement, the provisions in the Agreement shall prevail.
6. The nullity or invalidity of one or more provisions of these Terms and Conditions shall not affect the validity of the remaining provisions. In such cases, Parties are obliged to negotiate a replacement arrangement for the affected provision, taking into account the original intent and purpose as much as possible.
7. Body & Mind Gym reserves the right to unilaterally amend these Terms and Conditions. Amendments will take effect one month after notification or on a date specified through written communication or a notice on Body & Mind Gym’s website. If the Member does not wish to accept the changes, they have the right to terminate the Agreement by registered letter before the amendments come into effect. After the effective date, the Member is deemed to have tacitly accepted the amendments.

**Article 3 – Services**
1. The lesson program of the Services is carefully compiled and may be adjusted by Body & Mind Gym at any time.
2. Lessons can be freely distributed within the week or month. It is not permitted to carry over lessons to the next month.
3. Body & Mind Gym reserves the right to cancel Services, reschedule them, or change instructors without prior notice to the Member.
4. Services may be canceled by the Member in accordance with the cancellation policy of Body & Mind Gym, which will be provided to the Member upon entering into the Agreement.

**Article 4 – Cooling-off period**
1. During a cooling-off period of fourteen (14) calendar days after signing the Agreement, the Member has the right to withdraw from the Agreement at no cost.
2. If the Member, at their own request, uses the Services of Body & Mind Gym during the cooling-off period and subsequently exercises their right of withdrawal, they will owe a proportionate fee for the period in which they used the Services of Body & Mind Gym.

**Article 5 – Member Responsibilities**
1. Upon entering into the Agreement with Body & Mind Gym, the Member is obliged to disclose relevant medical information, including but not limited to medical conditions that limit physical performance and where intensive physical activity poses a health risk. Body & Mind Gym advises Members with a medical condition to consult a physician prior to entering into the Agreement to ensure they can use the Services responsibly and safely. Additionally, the Member is required to disclose any allergies that could potentially affect the Services, including but not limited to severe food allergies, insect bite allergies, and allergies to substances that may be present during the Services.
2. The Member must follow the instructions and regulations of Body & Mind Gym.
3. The Member is not allowed to use the Services of Body & Mind Gym if under the influence of alcohol, drugs, medication, or other intoxicating substances that affect their mental state.

**Article 6 – Fees and Payments**
1. The fee is agreed upon before concluding the Agreement.
2. Any price increases will be communicated by Body & Mind Gym to the Member four (4) weeks prior to the implementation of the price increase. In this case, the Member has the right to terminate the Agreement within four (4) weeks of the price increase notice. The prepaid fees for the period after termination will be refunded by Body & Mind Gym. The Member’s due fees will then be recalculated based on the actual subscription period.
3. The right to terminate mentioned in the previous section does not apply to price adjustments based on the CBS price index for family consumption or price adjustments directly resulting from the law, such as a VAT increase, unless such a price increase is announced by Body & Mind Gym within three (3) months of the Agreement. In the latter case, the Member has up to three (3) months after the Agreement’s conclusion to terminate it. The prepaid fees for the period after termination will be refunded by Body & Mind Gym. The Member’s due fees will be recalculated based on the actual subscription period.
4. The Member is obliged to pay the fees in accordance with the agreed payment frequency.
5. Payment of the fees is made by direct debit or prepayment in the case of a pass system. If the direct debit fails, Body & Mind Gym will send a reminder to the Member with the request to pay the fee within two (2) weeks.
6. After the new payment due date expires, Body & Mind Gym is entitled to charge statutory interest and extrajudicial costs. Body & Mind Gym is also authorized to deny the Member access to the Services.
7. Payments made by the Member are always first applied to settle any outstanding interest and costs and subsequently to the oldest due invoices, even if the Member states that the payment relates to a later invoice.

**Article 7 – Liability**
1. The Services offered by Body & Mind Gym are not suitable for everyone. This applies, for example, to those with heart conditions, pregnancy, the secondary form of Raynaud’s phenomenon, and epilepsy. Using the Services of Body & Mind Gym is entirely at the Member's own risk. Body & Mind Gym is not liable for any damage or injury sustained during the execution of the Services, nor for damage or loss of personal belongings that are present or left behind at the training location.
2. The above does not apply in cases of intent, gross negligence, or deliberate recklessness on the part of Body & Mind Gym.

**Article 8 – Personal Data**
1. To fulfill the Agreement, Body & Mind Gym uses and holds the Member’s personal data. Body & Mind Gym processes the personal data in a proper and careful manner and within the framework of applicable laws and regulations for the protection of personal data, such as the General Data Protection Regulation (GDPR).

**Article 9 – Termination of Agreement**
1. The Member may terminate the Agreement with a notice period of one (1) month. Termination must be in writing and at the end of a calendar month. Unused credits from a pass system purchased by the Member will not be refunded, nor will the Member be financially compensated for the unused credits.
2. Body & Mind Gym reserves the right to terminate the Agreement with immediate effect in cases of misconduct, breach of the Terms and Conditions, or repeated violations of the house rules by the Member. In such cases, the fees already paid will not be refunded to the Member.

**Article 10 – Applicable Law and Competent Court**
1. Dutch law applies to the legal relationship between Body & Mind Gym and the Member.
2. Disputes arising from or related to the Agreement and the legal relationship between Body & Mind Gym will be submitted to the court competent under the law.

Last updated on 09-05-2024.