XXL Gym Helmond Online Fitness

Terms and Conditions

GENERAL TERMS AND CONDITIONS XXL GYM

ARTICLE 1: GENERAL

1. These general terms and conditions apply to the formation, content and performance of all agreements between XXL Gym and the member and form an integral part thereof.
2. By registering as a member, the member declares to be familiar with and to accept these general terms and conditions and the house rules of XXL Gym.
3. Any deviations from these terms and conditions are only valid if confirmed in writing by XXL Gym.
4. XXL Gym may amend the general terms and conditions and the house rules. Amended terms and conditions apply from the moment they are communicated to the members, with a reasonable notice period.
5. The most recent version of the general terms and conditions and the house rules is available via the XXL Gym App, on the website and upon request at the reception desk.
6. If any provision of these general terms and conditions is null and void or is annulled, the remaining provisions will remain in full force and effect. XXL Gym will in that case establish a new provision, taking into account as much as possible the purpose and intent of the void/annulled provision.

ARTICLE 2: MEMBERSHIP

1. Membership is applied for by fully and truthfully completing and confirming the registration form (online or in the club).
2. XXL Gym may refuse registrations without stating reasons.
3. Membership is strictly personal and non-transferable. It is prohibited to share access means (card, tag, QR code, app) with third parties or to allow third parties access with them.
4. The member is obliged to notify XXL Gym of changes in personal data (such as address, email address, IBAN) within 10 days via the XXL Gym App, in writing or by e-mail.
5. The member declares that he/she is, in his/her own opinion, physically able to perform exercise. In case of doubt about one’s own health, the member must consult a doctor beforehand.
6. The minimum age for training independently is 16 years.
7. Persons under 16 years of age may only train if:

* the parent/guardian is a member of XXL Gym;
* the parent/guardian has given written consent; and
* the minor is adequately supervised by the parent/guardian during training.
In that case the parent/guardian is jointly and severally liable for compliance with these terms and conditions and for all payment obligations.
8. XXL Gym may set additional age-related conditions per location or per membership type.

ARTICLE 3: FEES, PAYMENT AND PRICE CHANGES

1. The current fees and membership types (including Comfort and Premium) are stated on the website, in the XXL Gym App and/or in the registration form.
2. XXL Gym may adjust the fees annually. Any price changes will be communicated at least 30 days in advance.
3. Promotions and discounts only apply within the stated promotion period and not retroactively.
4. Payment is in principle made by direct debit per period (for example every 4 weeks) or by advance payment for the entire contract term, as agreed in the contract.
5. Direct debits are executed approximately 2 weeks before the start of the next membership period. The debit period is usually 4 weeks, which means that 13 debits may take place per year.
6. In case of a reversed or failed direct debit, XXL Gym may charge administration costs of €10 per failed debit.
7. If payment is not made, XXL Gym may formally demand payment from the member in writing. If payment is still not made thereafter, then:

* the member’s access (card/QR/App) may be blocked until the full arrears have been paid;
* XXL Gym may transfer the claim to a collection agency;
* all amounts due up to the end of the contract term remain payable.
8. Collection costs and any legal costs related to non-compliance will, insofar as legally permitted, be borne by the member.
9. If the member (temporarily) does not use the membership, no (partial) refund of membership fees will be made, except where explicitly stated otherwise in these terms and conditions.
10. Fee adjustments resulting directly from government measures (for example VAT changes) may be implemented immediately and do not give the right to terminate the agreement.

ARTICLE 4: TERM, RENEWAL AND TERMINATION

1. Membership is entered into for an initial contract term (for example 12 or 24 months, or a flexible/monthly term) as stated on the registration form.
2. After the initial contract term, membership is automatically continued for an indefinite period, with the same payment period, unless terminated in time.
3. Termination can only take place via the XXL Gym App or by e-mail to the official e-mail address stated on the website. Verbal termination (by telephone or at the reception desk) is invalid.
4. A notice period of one full membership period applies, starting from the date on which XXL Gym has received the termination.
5. In case of late termination, the payment obligation continues until the end of the next full membership period after receipt of the termination.
6. Early termination before the end of the initial contract term is only possible in the following cases:

* long-term illness or physical incapacity, demonstrated by a medical certificate;
* relocation to a residential address more than 30 km from the nearest XXL Gym location;
* work or study abroad, demonstrated by an employer’s or educational institution’s statement.
7. Solely financial circumstances do not constitute grounds for early termination.
8. In case of early termination on the grounds of paragraph 6, XXL Gym may charge an administrative fee of €50.

ARTICLE 5: RIGHT OF WITHDRAWAL (ONLINE REGISTRATION)

1. If a membership is concluded entirely online (at distance) by a consumer, the member has the right to withdraw from the registration without giving reasons within 14 days, counted from the date of registration, unless a statutory exception applies.
2. Withdrawal can be made by e-mail to the official e-mail address of XXL Gym or by post to the address stated in the contact details. XXL Gym may additionally provide an (online) model withdrawal form.
3. This right of withdrawal does not apply to registrations that are concluded entirely physically in the club, unless XXL Gym explicitly states otherwise.
4. If the member does not use the facilities during the withdrawal period, withdrawal is free of charge and any amounts already paid will be refunded in full within 14 days after processing.
5. If the member does use the facilities during the withdrawal period, XXL Gym may withhold an amount in proportion to the period from the (first) access to the club until the date of withdrawal, including any registration fees. The remaining amount will be refunded within 14 days after processing.
6. For members who register fully online as a “founder” for a location that has not yet opened, XXL Gym may determine that the withdrawal period starts on the opening date of that location, provided this is clearly stated at the time of registration.

ARTICLE 6: FACILITIES, OPENING HOURS AND HOUSE RULES

1. The member has access to the facilities of XXL Gym within the opening hours and within the limits of the chosen membership type.
2. Membership types (indicative):

* Comfort

* Access to the location for which the member is registered (Home Club);
* Maximum of 2 visits per week;
* No right to participate in group classes.
* Premium

* Access to the location for which the member is registered (Home Club);
* Unlimited visits;
* Right to participate in group classes (insofar as offered and by reservation).
The exact content and combination of membership types may be adjusted; current information is always available on the website, in the XXL Gym App and in the club.
3. XXL Gym may temporarily or permanently change opening hours and the layout of facilities, for example on public holidays, during maintenance, renovations, changes in the group class schedule or for safety reasons. Minor changes in opening hours (for example shifts of up to 2 hours earlier/later opening or closing) do not give the right to termination or refund.
4. If a location is temporarily (partially) closed due to works or force majeure, no refund is due. As an alternative, XXL Gym may, at its discretion and if reasonably possible, apply a freeze, extend the contract term or offer another appropriate form of compensation.
5. If the member is reasonably unable to use his/her Home Club for more than 14 consecutive days and no other appropriate solution (such as an extension or freeze) is offered, XXL Gym may choose to temporarily grant access to another XXL Gym location as compensation. This only applies in the event of long-term closures or serious limitations of the Home Club and does not constitute a change of Home Club or membership type.
6. At certain times, including early morning and early afternoon, there are unstaffed hours. During unstaffed hours there is no staff present and the member trains entirely at his/her own risk.
7. Emergency exits, escape routes and emergency numbers are indicated in the club. In case of a medical emergency, the member is personally responsible for immediately calling the emergency services (112) and, if present, using an AED. XXL Gym cannot guarantee that assistance or supervision will always be immediately available.
8. The use of a towel during training is mandatory.
9. Members must immediately tidy up materials and weights after use and leave equipment clean.
10. Smoking, using alcohol or drugs, or being under the influence of alcohol or drugs in the club is prohibited.
11. Proper sportswear and clean indoor sports shoes are mandatory. XXL Gym may set additional clothing requirements per location.
12. Inappropriate behaviour (such as aggression, intimidation, discrimination, theft, vandalism, sexually undesirable behaviour) may result in immediate termination of the membership without refund.
13. XXL Gym may set additional house rules per location. Members are obliged to comply with these.

ARTICLE 7: SUSPENSION (FREEZE) AND BLOCKING

1. XXL Gym may block the membership in the event of payment arrears or repeated violations of the house rules. During the blocking period, the payment obligation continues.
2. At the member’s written request, XXL Gym may temporarily “freeze” the membership in the following cases, supported by appropriate evidence:

* long-term illness or injury;
* pregnancy;
* temporary stay abroad for work or study purposes.
3. A freeze lasts at least 1 month and at most 3 months per consecutive 12-month period.
4. During a freeze, the member has no access to the facilities and no membership fees are due. The contract term is extended by the duration of the freeze.
5. XXL Gym does not charge administration costs for a freeze as referred to in paragraph 2, unless agreed otherwise in writing.
6. Freezing for reasons other than those mentioned in paragraph 2 is only possible if XXL Gym agrees in writing as a gesture of goodwill.

ARTICLE 8: LIABILITY AND DAMAGE

1. Entering XXL Gym locations and using the facilities, equipment and participation in (group) training sessions is entirely at the member’s own risk.
2. XXL Gym is not liable for loss, theft or damage to property of members or third parties in or around the club (including changing rooms, lockers and car park), unless caused by intent or gross negligence on the part of XXL Gym.
3. Insofar as legally permitted, the liability of XXL Gym is limited to the amount paid out in the relevant case by its liability insurer, increased by the applicable excess. If the insurer does not pay out, the liability of XXL Gym is limited to a maximum of the total membership fees paid by the member in the 6 months prior to the event causing the damage.
4. XXL Gym is not liable for indirect or consequential damages, including but not limited to loss of profit.
5. The member is personally responsible for his/her health and physical capacity. XXL Gym may provide advice, but does not replace medical advice.
6. XXL Gym recommends that members take out appropriate (accident) insurance.
7. If a member intentionally or through gross negligence causes damage to equipment, inventory or the premises, the member is liable for all repair and replacement costs and any additional damage (such as temporary closure of part of the club).
8. Lost property will, where possible, be kept for a maximum of 4 weeks. After this period, XXL Gym may dispose of or destroy these items without any obligation to compensate or return them.

ARTICLE 9: PRIVACY, CCTV AND MARKETING

1. XXL Gym processes personal data in accordance with applicable privacy legislation. Further information is included in the privacy statement on the website.
2. XXL Gym may use CCTV in and around the clubs for security and the protection of property. CCTV footage is used exclusively for security and incident purposes and kept for the period stated in the privacy statement.
3. For newsletters and other marketing communications, XXL Gym requests separate consent (opt-in). Members may unsubscribe at any time.
4. During events and in general areas, photos and videos may be taken for promotional purposes of XXL Gym. Members who do not wish this may indicate this in writing in advance; XXL Gym will take this into account as far as reasonably possible (for example by ensuring the member is not recognisably visible).

ARTICLE 10: PRE-REGISTRATION AND FOUNDER DISCOUNT

1. On the opening of new locations, XXL Gym may offer a special “founder discount” during a pre-registration period. This discount only applies to members who register during that period for the relevant new location (Home Club).
2. The founder discount is location-bound and cannot be transferred to other locations, other membership types or other persons.
3. The founder membership is finalised as a 12-month membership (or other agreed minimum term) no later than one week before the official opening of the new location. XXL Gym may start collecting membership fees before opening, as stated at registration.
4. Once the founder membership has been finalised and the club has opened, the membership can no longer be cancelled free of charge and the full membership fee for the first contract term is due, subject to any applicable right of withdrawal in the case of online registration.

ARTICLE 11: CONTROL AND SANCTIONS IN CASE OF MISUSE

1. XXL Gym may monitor the use of membership via access and registration systems.
2. Members with a Comfort membership may train a maximum of 2 times per week at the location for which they are registered. A week runs from Monday 00:00 until Sunday 23:59.
3. It is prohibited to allow non-members to enter or train along without this person having properly registered and paid (for example with a day pass or trial pass).
4. If XXL Gym establishes that a member has allowed a non-member to enter or has trained with such person without proper registration and payment, XXL Gym may impose a contractual fine of €156 per violation. XXL Gym may also deny the non-member access to all XXL Gym locations and impose a fine of €156 per violation.
5. If XXL Gym establishes that a Comfort member structurally trains more often than the allowed 2 times per week (for example by entering together with other members), a fine of €156 may be imposed per violation.
6. Fines will in principle be collected by direct debit together with the next membership instalment(s).
7. In case of repeated misuse or serious violations (such as fraud, violence, serious intimidation, intentional vandalism), XXL Gym may immediately and unilaterally terminate the membership without refund of amounts already paid.

ARTICLE 12: PERSONAL TRAINING AND EXTERNAL SERVICES

1. Personal trainers (often self-employed persons) may offer services within XXL Gym. In such cases, the agreement for personal training (content, frequency, price, results) may be concluded between the member and the trainer concerned.
2. XXL Gym provides the facilities but is not liable for the performance, planning, content or results of personal training or other external services, unless explicitly agreed otherwise.
3. XXL Gym is not liable for damages arising from acts or omissions of external trainers, coaches or organisations using the facilities of XXL Gym, except in cases of intent or gross negligence on the part of XXL Gym itself.
4. Members and third parties are not permitted to carry out commercial activities (such as offering paid coaching/PT, boot camps or small group training sessions) in the clubs or via the XXL Gym community without prior written consent from XXL Gym.

ARTICLE 13: PHOTO AND VIDEO RECORDINGS

1. Without prior written consent from XXL Gym, it is not permitted to make professional or commercial photo or video productions in the clubs (for example for paid coaching, brands, advertisements or large social media or YouTube channels).
2. Private recordings (such as short videos for personal social media) are permitted, provided that:

* other members are not disturbed;
* the privacy of other members is respected;
* the house rules are observed;
* no tripods or extensive recording setups are used, unless XXL Gym has given explicit permission.
3. XXL Gym may request members to immediately stop filming or photographing and to delete recordings if the house rules or the privacy of others are violated.

ARTICLE 14: FORCE MAJEURE

1. Force majeure means any circumstance beyond the control of XXL Gym that makes (temporary) closure or restrictions in services necessary, including – but not limited to – pandemics, epidemics, fire, water damage, power failures, government measures, strikes, renovations, technical malfunctions or other similar situations.
2. In the event of force majeure, XXL Gym may temporarily suspend services, adjust opening hours, limit the number of visitors or limit the availability of certain facilities.
3. Force majeure does not give the member any right to compensation. Where reasonably possible, XXL Gym will offer an alternative, for example in the form of online training, outdoor training or a freeze or extension arrangement.
4. If a force majeure situation continues for longer than a reasonable period, XXL Gym will consult with the member about an appropriate solution, taking into account Article 6.

ARTICLE 15: COMPLAINTS, APPLICABLE LAW AND DISPUTES

1. Complaints about the performance of the agreement or about the facilities must be reported to XXL Gym in writing or by e-mail as soon as possible, but no later than within a reasonable period after the member has discovered the defect, with a clear description of the complaint.
2. XXL Gym will take complaints seriously and will make reasonable efforts to find a solution.
3. Dutch law exclusively applies to all agreements between XXL Gym and the member.
4. If a dispute cannot be resolved amicably, the dispute will be submitted to the competent court in the district in which the relevant XXL Gym location is situated.