General Terms and Conditions

The provisions in Chapter 1 of this document relate to the General Terms and Conditions of NL Actief, which have been established in consultation with the Consumers’ Association within the framework of the Coordination Group Self-Regulation Consultation of the Social and Economic Council, and take effect on January 1, 2018.
CHAPTER 1 – GENERAL TERMS AND CONDITIONS NL ACTIEF
Article 1: Definitions
Entrepreneur: natural or legal person who, as a member of NL Actief, concludes an Agreement regarding Fitness.
Consumer: natural person who does not act in the exercise of a profession or business and enters into an Agreement regarding Fitness.
Fitness: a service focused on physical and/or mental activity.
Agreement: agreement between the Entrepreneur and the Consumer regarding Fitness.
Written: ‘Written’ refers to both physical (paper) and digital formats.
Article 2: Applicability
These general terms and conditions apply to the formation and execution of all Agreements regarding Fitness, entered into between the Entrepreneur and the Consumer.
Article 3: The Offer
3.1. The Entrepreneur makes the offer in Writing or electronically. The offer is valid for the period indicated by the Entrepreneur. If no period is specified, the offer remains valid for two weeks from the date of the offer.
3.2. The offer must at minimum include:
the cooling-off period, as referred to in Article 5;
the facilities and guidance available for use;
the days and times the facilities can be used;
the subscription costs and consequences of early termination under Article 6. The offer must clearly indicate whether the costs are periodic or one-time;
the moments at which the Entrepreneur may increase costs annually under Article 7;
the method and term of payment;
the duration of the Agreement and associated termination period;
the (house) regulations.
3.3. The description of the offer must be sufficient to allow the Consumer to make a proper assessment of the offer.
3.4. The general terms and conditions must be provided in Writing in such a way that the Consumer can take notice and keep them.
Article 4: The Agreement
The Agreement is concluded upon acceptance of the offer by the Consumer. The Agreement is strictly personal.
Article 5: Cooling-off Period
5.1. During a one-week cooling-off period after signing the Agreement, the Consumer has the right to cancel the Agreement free of charge. This right ends once the Consumer uses the fitness facilities.
5.2. For distance contracts (e.g., via the Entrepreneur’s website), a fourteen-calendar-day cooling-off period applies. If the Consumer uses the services during this period at their own request and subsequently exercises their right of withdrawal, a proportional fee is due for the period of use.
Article 6: Duration and Termination
6.1. The Entrepreneur must offer the Consumer at least:
an Agreement of less than 12 months; and
an Agreement of longer duration.
If the Consumer wishes to terminate an agreement of 1 year or less, it must be done at the end of the subscription period, observing a one-month notice period, unless otherwise agreed. If the Consumer does not terminate in time, the Agreement continues indefinitely. The Consumer may terminate an indefinite Agreement at any time, with one month’s notice.
6.2. For Agreements longer than 1 year, the Consumer may terminate after 1 year with one month’s notice.
6.3. The Consumer may terminate during the term if:
6.3.1. The Consumer relocates (preferably in Writing) and, due to increased travel time, can no longer use the fitness activities.
6.3.2. Due to a verifiable injury or illness, it becomes impossible to use the facilities for the remainder of the subscription period. Notice must observe the one-month period. For verifiable injuries/illness, notice starts upon submission of medical documentation confirming inability to participate.
6.4. Termination must be in Writing.
6.5. In cases under 6.3, the Entrepreneur may recalculate the subscription fee for the elapsed period based on actual usage and associated fees.
6.6. Besides termination, the Consumer may freeze their membership. If unable to use facilities for more than one month due to verifiable illness or injury, the contract period is extended without extra subscription fees. Reasonable administrative fees may apply.
6.7. The Entrepreneur may immediately terminate if:
the Consumer breaches these terms or house rules; or
the Consumer acts unlawfully toward the Entrepreneur or other members. Remaining fees are not refunded.
6.8. If the Entrepreneur ceases operations, termination is possible with one month’s notice, and remaining fees are refunded.
Article 7: Price and Price Changes
7.1. Subscription fees are agreed before concluding the Agreement.
7.2. Price increases must be announced 4 weeks in advance.
7.3. The Consumer may cancel within 4 weeks of notice. Prepaid fees for the post-cancellation period will be refunded. Fees will be recalculated to actual usage.
7.4. Cancellation rights do not apply to index-based or legally mandated price changes, unless announced within 3 months of signing.
Article 8: Obligations of the Entrepreneur
8.1. Facilities and services meet the Agreement.
8.2. Facilities are properly maintained.
8.3. Instructors are sufficiently qualified.
8.4. Adequate first aid measures are present.
8.5. NL Actief quality protocol is followed.
8.6. Measures prevent damage or loss of Consumer property.
Article 9: Obligations of the Consumer
9.1. Follow instructions and house rules.
9.2. Report medical contraindications.
9.3. Use equipment only if familiar; request guidance otherwise.
9.4. Do not use facilities under the influence of alcohol, drugs, medications, or doping.
9.5. No smoking in fitness areas.
9.6. Report changes to contact or payment details.
Article 10: Interim Changes
10.1. Entrepreneur may adjust facilities, schedules, programs, and opening hours with 4 weeks’ notice.
10.2. Negative changes give the Consumer 4 weeks to terminate without notice.
Article 11: Proof of Participation
11.1. Upon payment and ID presentation, the Consumer receives proof of participation.
11.2. Lost or damaged proof can be replaced at reasonable cost.
Article 12: Payment
12.1. Fees are charged and payable as agreed.
12.2. Late payment occurs after 2 weeks’ written notice and opportunity to pay.
12.3. Legal interest and collection costs may apply; access may be denied.
Article 13: Liability
13.1. Using facilities carries risk; use at your own discretion. Guidance may be purchased.
13.2. Entrepreneur liable for attributable shortcomings; not liable for property loss unless agreed or unlawful.
13.3. Entrepreneur maintains insurance of at least €1,000,000 per case.
13.4. Consumer liable for their own attributable damages.
Article 14: Complaints
14.1. Entrepreneur has a known complaints procedure.
14.2. Complaints must be submitted promptly, fully, and clearly.
14.3. Late submission may result in loss of rights.
14.4. Responses within 4 weeks; longer if necessary.
14.5. Unresolved disputes go to the dispute committee.
Article 15: Dispute Committee
15.1–15.7. Disputes may be submitted to the Sports and Exercise Dispute Committee. Binding advice may be issued; enforcement guaranteed by NL Actief up to €10,000.
Article 16: Enforcement Guarantee
NL Actief guarantees enforcement of binding advice under specified conditions.
Article 17: Amendment Clause
NL Actief may amend terms with notice and right of cancellation.
Article 18: Applicable Law
Dutch law applies unless mandatory law states otherwise.
CHAPTER 2 – ADDITIONAL TERMS FIT-IN HELVOIRT/GEMERT
Article 19: Inseparable Whole
Chapter 2 supplements Chapter 1; both form an inseparable whole.
Article 20: Additional Definitions
Defines company, extra services, facilities, house rules, member, website, app, QR scanner, and pronouns “we/us/our.”
Article 21: Membership & Termination
21.1–21.6. Membership with Fit-in Helvoirt/Gemert; termination via the App; agreement cancellable at any time.
Article 22: Payment Terms
22.1–22.2. Advance payment via direct debit; €5 charge per failed transaction.
Article 23: Additional Services
23.1–23.5. Members may book extra services; same rules apply; paid at booking; interruptions not liable.
Article 24: QR Code Access
24.1–24.2. Personal access via QR; non-transferable.
Article 25: Unauthorized Personal Training
25.1. Personal training prohibited without prior written consent.
Article 26: Complaints Handling
26.1. Submit complaints via email with subject, name, contact, description; handled per Article 14.
Article 27: Personal Data
27.1. Data processed per privacy statement on the Website.
Article 28: Camera Surveillance
28.1. Monitored for safety, theft, and vandalism.
Article 29: Conduct & House Rules
29.1–29.3. Members follow law, agreement, house rules; prohibited behavior listed; rules available on the website.
Article 30: Competent Court
30.1. Disputes under Article 15 go exclusively to the competent court of the Entrepreneur’s district.
CHAPTER 3 – HOUSE RULES FIT-IN HELVOIRT/GEMERT
Article 31: House Rules
Access only for members; no guests.
Use towel on equipment; return weights; secure valuables; wear proper clothing and shoes; no hats unless religious; no calls; food prohibited; only closed bottles; no harassment; no drugs, alcohol, or smoking; no pets; own risk; violations may result in membership termination without refund.
Fit-in Gemert is the trade name of Fit+ Gemert BV, registered at the Chamber of Commerce under number 81510810 and VAT number NL862120883B01.
Visiting address: Haageijk 11, 5421 KW Gemert
Correspondence address: Langendijk 42, 5045 GT Tilburg