Article 1: Establishment of agreement – cooling-off period
You can close an agreement with us in two ways:
by filling in and signing the registration form at our gym. The agreement is then established when both you and us have signed the form;
by registering through our website. In that case, the agreement is concluded at the moment we have confirmed your registration – whether or not by means of an automatic message.
To be able to register independently, you must be at least 18 years old. Are you younger than 18? Then you need permission from a parent/guardian. When you register at the gym, we always ask for a signature from a parent/guardian in addition to your own. When registering via our website, we also ask you to fill in the name and contact details of a parent/guardian. We may use this information to verify consent.
Article 2: Duration and content of the agreement – cancellation
The content of the agreement is determined by the type of subscription and/or the package for which you have subscribed.
Every subscription always entitles you to unlimited use of our standard facilities during our opening hours, with the exception of the extra facilities as indicated on the website (facilities page) and in the gym.
A subscription always runs per full calendar month and is entered into for the agreed period. After this initial period the subscription will be renewed tacitly for an indefinite period, unless you cancel the subscription at least 1 month before the end of this period. For example: a yearly subscription started on March 4th ends on April 30th of the next calendar year, provided that you cancel the subscription at least 1 month before April 30th.
You can only cancel during our opening hours by using the cancellation form available at the counter of our gym. We do not accept any other methods of cancellation. After a subscription has been extended tacitly for an indefinite period of time, you may cancel it at any time, subject to a notice period of 1 full calendar month. For example: if you cancel after December 1, January 31 is the last day of the subscription.
Did you choose a subscription for 2 years? Then it is possible to cancel this subscription monthly after the first year. With a 2-year subscription you will receive a slightly higher discount than with a 1-year subscription. This means that if you cancel within 2 years, we will charge you the difference afterwards. For example: you have a 2-year subscription at the advantageous rate of € 22.75 per month. If you cancel this subscription after one year, your rate should have been € 27,08 per month (= rate of a 1-year subscription). You still have to pay the difference of € 51.96 (= 12 x € 4.33).
Termination does not relieve you of your payment obligation for all amounts due and payable.
Article 3: Registration fee – subscription costs
Upon registration you pay a one-time registration fee of € 50.00. This amount is collected by direct debit. However, we often have a promotion running, where you get a discount on the registration fee.
You owe the subscription fee per calendar month in advance. We collect the subscription fees by direct debit in the month prior to the month to which these costs relate. We collect the money around the 23rd of each month. It is not possible to deviate from this.
Does the subscription not start on the first day of the month? Then on the first collection we will add the remainder of that month to the subscription costs for the next full calendar month. For example: the subscription starts on 4 March. The first invoice will then relate to the period from 4 March to 30 April inclusive.
Can we not collect the amount due automatically or do you reverse the payment? Then we charge a default interest of 6% per year, unless the statutory interest is higher. In that case the statutory interest rate applies.
If your payment is still not made after a reminder, we may also charge extrajudicial collection costs of 15% of the invoice amount with a minimum of € 40.00.
We may change our rates annually. We will inform you at least 30 days before the start of a rate change. For rate changes of 10% or more, you may cancel your subscription as of the date of change. Rate changes as a result of government measures (such as a VAT increase) we may implement immediately and are no reason for termination.
Article 4: Authorization direct debit
See Article 3.2: we work with a direct debit. By filling in your details on the registration form and signing this form 1) you are entering into an agreement for the chosen subscription and/or package and 2) you give us permission to automatically (monthly) collect the costs owed for the agreement from the bank account number you have provided.
This also means that you:
give us permission to send continuous (periodic) direct debit instructions to your bank to debit the amount due from your account;
give your bank permission to debit the amount in accordance with our direct debit mandate.
Do you disagree with a debit? Then you can have it reversed. Contact your bank within 8 weeks after debit. Ask your bank for the conditions.
You can pass on the following data (collector data) to your bank:
Company name: ProFit Gym Ommen B.V.;
Address: Haarsweg 85;
Postal code/place: 7731 HJ Ommen;
You can cancel this authorization at any time by sending an email to firstname.lastname@example.org stating “revoke direct debit authorization”.
Article 5: Membership card
Upon registration you will receive a membership card. This membership card is personal. You may not let third parties use it without our permission.
A deposit of € 5.00 applies for the membership card. If you return the membership card in good condition at the end of the subscription, we will refund the deposit.
In the event of damage, loss, theft, etc., you can request a new membership card. This is again subject to a deposit of € 5.00. You are not entitled to a refund of the deposit already paid.
Do you not pay on time or do we judge you to be guilty of misconduct? Then we may immediately withdraw/block your membership card and deny you access to our facilities. You will still owe the subscription fee until the end of the subscription period.
You ensure that you provide us with all the information required for the execution of the agreement in a timely manner. You guarantee that this information is correct and complete and indemnify us against claims from third parties arising from the incorrect/incomplete nature of this information.
We will keep all information we receive from or about you in connection with the conclusion/execution of the agreement confidential. We only give this information to third parties insofar as it is necessary for the execution of the contract.
We process information covered by the AVG (General Data Protection Regulation) in accordance with the AVG and report any breaches of information security also in accordance with the AVG.
Article 6: Your information – changes
You ensure that the information we receive from you when you register is up to date and correct. Any changes – such as a new address or telephone number – should be communicated to us in a timely manner.
Can you no longer make use of the subscription due to a move or other circumstances? Then you still owe the subscription fee until the end of the current subscription period.
We always process and use your data in accordance with the provisions of our privacy statement.
Article 7: Opening hours – access
We set the opening hours for each gym.
We are closed during the recognized national holidays. Unless stated otherwise, we may also be closed for a maximum of 2 consecutive weeks each year. If this is the case, we will inform you in time. These days/periods of closure do not entitle you to a discount or refund of the subscription fee.
Do we have to close temporarily due to government measures (e.g. because of a pandemic)? Even then the subscription fee remains due, with a maximum of 1 full calendar month.
You are allowed to train with us from the age of 12, under the supervision of a member who is 16 years of age or older. From the age of 16 you can train independently until 7:30 pm at the latest (for safety reasons).
Article 8: Complaints
You report any complaints – if possible – to us immediately after discovery/after the complaint has occurred. You can do this at the desk of the gym or via the contact form on our website. All consequences of not reporting immediately are at your risk.
You enable us to investigate the complaint and you give us all relevant information and cooperation.
Article 9: Risk and liability
Practicing a sport always involves risk. Participation in our programs and training is entirely at your own risk.
We are not liable for material or immaterial damages resulting from any accident or injury or for damage due to loss, theft, etc. of your belongings within our facility.
When using our equipment and other properties, you always act carefully, properly and in accordance with the instructions given by us or mentioned with the equipment. Does damage occur to this equipment/property as a result of your actions? Or do we/third parties suffer damage in any other way? Then you are liable for this and we will recover the damage from you.
You take all necessary measures to prevent or limit such damage and indemnify us against any claims by third parties (such as other members) with regard to this damage.
All your claims for compensation of a loss incurred lapse one year after you are aware of/could have been aware of the loss suffered by you and therefore could have sued us for it.
The limitations of liability included in this article do not apply if the damage is due to our intentional or deliberate recklessness or if the limitations are in violation of mandatory statutory provisions. Only in these cases will we indemnify you against claims from third parties.
Article 10: Applicable law and disputes
This agreement is governed by Dutch law.
We submit disputes to the legally competent court in the Netherlands.