ARTICLE 1: DEFINITIONS
If you are a member with us or want to become a member with us and use our services or products, we like to have clear and transparent arrangements in place. The rules of the game so to speak. By registering, you declare that you accept these terms and conditions and the house rules of Basic-Fit and that you will act in accordance with them. The terms and conditions and the house rules can be found at www.basic-fit.nl and can be requested from the reception desk at any Basic-Fit club.
Basic-Fit: This refers to Basic Fit Nederland B.V. and the services and products that we provide under the name Basic-Fit.
Basic-Fit card: This is your access card that you need to enter one of our Basic-Fit clubs.
Basic-Fit Club or Club: the physical place where Basic-Fit offers its fitness-related activities. This can also be your home club.
Extra: these are the services or facilities that can be purchased from Basic-Fit in addition to the basic membership.
Host: Our Basic-Fit employee who takes care of the management of a Basic-Fit Club.
Co-users: If you choose our Premium membership, you can designate 1 other person as a co-user of your membership. Your co-user has the same rights as you, but you are the owner of the membership and only you can make changes to your membership. A co-user must be able to prove that they live at the same address as you. Basic-Fit can ask your co-user to register as such. Your co-user may be asked to demonstrate that you live at the same address. This could, for example, be via proof of registration at the municipal administration and/or an identification document.
Effective date of contract: This agreement becomes effective on the day on which you register. The effective date of contract will be postponed if you use a promotion, for example work out for free until 1 July. If you then register on 12 May, for example, the effective date of your contract will be 1 July. Of course, you can already use the gym in the period between 12 May and 1 July and, in the event of this promotion, this will not be subject to a payment, subject to Article 6. This does not alter the fact that these terms and conditions shall apply as of the moment of registration. If you register in response to our pre-sales prior to the opening of your club, your membership will become effective on the date that your club opens and not the date of your registration.
Registration: a registration as a result of which you become a member of Basic-Fit. This is possible in one of the ways described in Article 2a.
Youth member: You can become a member with us from the age of 12. Youth members are members between the age of 12 and 16. In order to become a youth member, you need to come and register at the club with one of your parents or guardians who needs to give their consent for your agreement by signing the agreement. If you are between the age of 12 and 16, you are welcome to use the gym if you are under the supervision and responsibility of a person who is at least 16 years old and is a member themselves.
Kiosk: This is our online self-service portal that is available at the club. You can register on this and you can also use it to amend details and add or change extras in your agreement.
Member/members: You can become a member with us if you are a natural person. Basic-Fit can ask you to provide identification to demonstrate that you are the owner of the Basic-Fit membership card, or that you are a co-user.
Membership agreement or agreement: the agreement that is established between Basic-Fit and the member when an individual signs up for a Basic-Fit membership. These terms and conditions also form part of the agreement, as do specific terms and conditions that may be applicable to extras.
Home club: Your Basic-Fit club where you can train and that is designated as your base club in your agreement. This is the club closest to your home, or another club if you have designated one yourself when signing up. With our Comfort and Premium memberships, you can train in all of our clubs, but we still keep one club as your Home club.
Friend: if you have a Premium subscription, you and your co-user can always bring a friend. This friend must be registered before they gain access to the club as described in Article 3b of these terms and conditions.
ARTICLE 2: BECOMING A MEMBER AND ACCESS
a. You are welcome to become a member at Basic-Fit. This is possible in the following ways:
1. On the website by filling in the online registration form (www.basic-fit.nl); or
2. At the club by completing the registration form at the kiosk. If necessary or if you want to become a youth member, we still have normal paper registration forms at the clubs.
b. If you sign up on the website, you are entitled to cancel your membership within 14 calendar days after the date of registration without stating reasons. You can do this in one of the ways described in Article 10c of these terms and conditions. If the 14th day falls in the weekend, or on a national holiday, the cooling-off period will run up to and including the end of the first subsequent working day. This cooling-off period does not apply to registrations at the club. If you decide to cancel your membership within the cooling-off period of 14 days, and the membership has not been used in this period, this cancellation does not incur any charges. If the membership has been used in this period, Basic-Fit can charge costs for the membership pro rata (from the date of activation of the membership until the date of cancellation, including any potential registration fee).
c. If you become a member of Basic-Fit, you owe membership fees from the date of registration. The SEPA direct debit authorisation shall be effective from that moment. If you do not comply with your payment obligation, Basic-Fit can decide to terminate the agreement. In order to enter a Basic-Fit club, you need your own Basic-Fit membership card.
ARTICLE 3: BASIC FIT CARD
a. The Basic-Fit membership card is the property of Basic-Fit and you can use it during the agreement.
b. You cannot transfer your membership to someone else. In the event of Premium, you or your co-user can therefore come with a friend or you come together with your co-user (if your co-user is registered as a friend), whereby a maximum of two people can train with one membership card at the same time. You are not permitted to bring a friend if you are registered with any of our other memberships. If you want to bring someone who isn't a member, that person can only buy a day pass. You are responsible for registering your friend (via My Basic-Fit (by going to the website or the Basic-Fit app). Your friend must also accept these terms and conditions and the house rules before using the Basic-Fit Club. Your friend will then receive a temporary access code. Your friend is not entitled to use the Extras that you have added to your Agreement, with the exception of Live Group Lessons if you have taken these as an extra. If the person that you wish to bring along as a friend is between the age of 12 and 16, this person can only be registered as a friend in the event that the parents or legal guardian of this person give permission at the club for them to come and train as a friend at the Club.
c. As a Member, you are responsible and liable for the way in which the Basic-Fit membership and membership card are used or misused. As such, you must also ensure that co-users or friends respect and comply with the terms and conditions and house rules of Basic-Fit.
d. If you lose your Basic-Fit membership card or if it is stolen, you can procure a new membership card at the self-service kiosk at the Club. As a result, the stolen card will be automatically blocked. The replacement fee for a new membership card is €5. This fee must be paid at the kiosk, after which the membership card will be activated. In the meantime, your payment obligation will simply remain effective.
ARTICLE 4: MEMBERSHIP, DURATION
a. We have various types of membership, the details of which can all be found on our website or at the club. All types of membership provide unlimited access during the opening hours of your club and to the online group lessons that are offered at the club. In addition, with a Comfort or Premium membership, you have access to all Basic-Fit clubs. For access to a Ladies Club you also need to have the Extra “live group lessons”.
b. When you register, you can specify the type of membership for which you would like to enter into an agreement. All of our types of membership can be entered into for either 1 year fixed, which is automatically extended for an indefinite period or, as a flexible version, for 4 weeks fixed, which is automatically extended for an indefinite period. This flexible version is subject to an additional fee. In addition, with each type of membership for a year, you can choose whether you wish to pay this in advance as a one-off payment, or every 4 weeks.
c. With all memberships, you gain access to the Basic-Fit app. With Comfort and Premium memberships, you also gain access to our pro-app with extra training and nutrition plans and access to our online coach.
d. With our Premium membership, you can share your card with a co-user and you can also bring a friend with you.
e. If you want to visit our facilities casually or simply want to try it out, you can also buy a day pass from our kiosk. With your day pass, you can also use Live Group Lessons if these are available at the respective club. After purchasing your day pass, you have a limited time in which you can activate it. The date until which you can activate it is stated on the day pass. The day pass provides one-off access on the date on which the day pass is activated to a club of your choice within the country of purchase.
ARTICLE 5: EXTRAS
a. In addition to your type of membership, we also offer various extras. These can vary from club to club. Up-to-date information, including the fees for extras, can be found at www.basic-fit.nl or you can ask for further information at the Basic-Fit club.
b. You can sign up for an extra when you enter into your agreement, or during the term of your agreement. An extra can also be terminated at any time during the term of the agreement. It is possible to unsubscribe in the same way in which you signed up for the extra (you can do this yourself via My Basic-Fit or at the kiosk at the Club), subject to a notice period of at least 30 days during the term of the agreement. In any case, the extra ends at the end of the agreement.
c. If you enter into the extra later than the start of your membership, the effective date of the extra shall be the first day of the subsequent payment term after Basic-Fit has received the registration for the extra. Articles 2a, 2b, 2c and 4 shall apply correspondingly to the extras. The Extra is activated immediately so that you can use it at once. You may owe an additional payment for the Extra pro-rata for the period between the date of activation and the first day of the subsequent 4-week period. The payment for an extra will be added to the membership fee payment and will be collected immediately.
d. In the event of extra "live group classes", you can make unlimited use of the live group class facilities of Basic-Fit at the clubs where this is offered during the opening hours. This is not the case at every club. Youth members are not permitted to take part in the live group lessons. For every live group lesson, there is a limited number of participants (full=full). Basic-Fit can make it a condition that live group classes need to be reserved in a manner to be determined by Basic-Fit.
e. In the event of the extra 'Yanga Sportswater', you may fill your bottle with Yanga Sportwater as many times as you want while you are working out. A reasonable minimum time between refills shall nevertheless apply. Ensure that your bottle is big enough.
f. If you become a member and want to become familiar with the club, you can purchase an introduction session with the Club. Only you can do this, not your co-users or friends. However, you can purchase multiple sessions so that your friends or co-users can also use them. Basic-Fit does not provide the introduction session itself, but outsources this to a company that provides Personal Training at the club.
ARTICLE 6: FEES AND PAYMENT
a. All types of membership have their own membership fee and conditions, which can be found on the website or at the Clubs.
b. If you become a member at Basic-Fit, we can charge a registration fee. This registration fee can vary depending on the type of membership if a promotion is involved. If you have terminated your membership and want to become a member again, you will need to pay another membership fee.
c. All membership fees shall be due and payable in advance.
d. If you opt for an agreement for a year with full payment in advance, the first annual payment shall be made upon registration by online payment or card payment at the kiosk and the subsequent payments shall be made each year in advance via SEPA direct debit. If the agreement is extended for an indefinite period, it can be terminated at any time with a notice period of 30 days and the surplus amount of the membership fee, insofar as applicable, shall be returned in the event that the agreement is terminated.
e. If you opt for payment in 4-week periods for an agreement for a year or for an agreement that can be terminated flexibly, the first payment upon registration shall be made by online payment or card payment at the kiosk and the subsequent payments shall be carried out every 4 weeks in advance by direct debit and at the pre-determined rate for 4 weeks. Our collection period is 4 weeks. This means that we execute 13 direct debits per year. This means that once every year, two direct debits will be taken in the same calendar month.
f. If we are not able to collect your payment for whatever reason (e.g. reversal of the instruction, insufficient balance etc.), we will send the direct debit to your bank again.
g. If you do not comply with your payment obligation after we have given notice of default, you will be in default. As of that moment, we are able to charge collection costs and to outsource the claim. We will also have the right to terminate the agreement with immediate effect. You will then have to pay all membership fees payable over the duration of the agreement, plus any billed recovery costs.
h. Once per year, as of 1 January, we are able to increase our fees by a maximum of 5%. If we make use of this, it shall not give a right to terminate the agreement, unless the fee increase is made within three months after the agreement has been made or is higher than 5%. Fee adjustments due to government measures can be implemented immediately regardless of the amount and do not provide a right to annulment.
i. If you do not make use of the agreement or the extras, the membership fee shall not be returned to you.
ARTICLE 7: OPENING HOURS
a. Basic-Fit shall specify the opening hours for each of its clubs. It may be the case that different opening hours apply under certain circumstances. For example, in the event of disasters or holidays. In those cases, we will sometimes close a club. This may be the case if we need to close a club for construction works, for example.
b. Maintaining our clubs is important to us and we may sometimes be forced to close them temporarily or in part in order to properly maintain them. In this event, you do not have the right to reimbursement of your membership fee. In the event that your home club or preferred club is not able to open or fully open for whatever reason, or is not able to provide all services, you are always welcome at one of our other clubs. In the event that you are not able to work out at your home club for more than 14 days or in the event that we are forced to permanently close a club or relocate to a different location, we will change your home club in your agreement to the closest club, provided this is located within a 5 km radius of the home club stated in your agreement.
c. If following the closure or relocation of a club there is no other club within this radius, you may terminate your contract free of charge, without any notice, as of the date of closure or relocation.
d. Some of our clubs are open 24 hours a day on certain days. You can see which clubs this applies to on our website. If a club is open 24 hours a day, it may be the case that no staff members are present in these clubs at certain times. This will usually be between the hours of 10:30 p.m. and 7 a.m. At that time, supervision will not be carried out by a person who is physically present at the club, but by camera surveillance. In the event that staff members are not present at the club, you must be over the age of 18 in order to use the club.
ARTICLE 8: AMENDMENT OF GROUP CLASSES
a. We want to keep the classes on offer up to date. This means that we regularly amend the (content) of the classes, the type of classes and the class timetable. This applies to virtual classes as well as the live group classes. Occasionally, it may be the case that a live group class is cancelled. These amendments or cancellations do not give a right to (partial) reimbursement of the membership fee.
ARTICLE 9: RELOCATION OR INJURY
a. If you move house, you can continue to work out at our clubs. We will transfer your home club to the closest club to your new address or another club, if you prefer. If there is not another club within a radius of 5 km of your new address, you can specify for yourself which club you would like to designate as your home club. In that case, we will also give you the option of terminating your agreement prematurely, subject to a notice period of 30 days, which commences at the time of receipt of the termination. In that case, we will ask for proof of your new address by providing a copy of the registration with the municipality.
b. We hope that you are fit and healthy when you come and work out with us. If you can no longer use your membership in the long term for medical reasons, you can terminate it prematurely, subject to a notice period of 30 days from notification. In that case, you must provide proof that you are no longer able to use the agreement in view of your medical situation, for example by means of a doctor's certificate.
c. It is not possible to suspend your membership for any reason.
ARTICLE 10: TERMINATION OF MEMBERSHIP
a. If you entered into an agreement for the duration of one year, you can terminate this at the latest 30 days prior to the end of the term of the agreement. If you do not do this, the agreement will be extended for an indefinite period and can subsequently be terminated at any time, subject to a notice period of 30 days.
b. If you have entered into an agreement that can be terminated flexibly, you can terminate it at any time, subject to a notice period of 30 days.
c. You can cancel your agreement in various ways. You can do this at the kiosk in the club or via My Basic-Fit (by going to the website or the Basic-Fit app).
d. We endeavour to create an environment in the clubs in which everyone is respected and the rules are complied with. If you do not observe the arrangements of the agreement, or if you fail to comply with the house rules or demonstrate unacceptable behaviour, Basic-Fit shall be entitled to deny you access to the clubs and to terminate the agreement (with immediate effect). The assessment of the situation is exclusively reserved for Basic-Fit.
e. Exercising with others is encouraged at Basic-Fit. However, coaching other gym-goers at the clubs is left solely to the personal trainers with whom we exclusively work. If, despite this, you offer personal training services, this can be a reason for us to terminate your agreement.
f. If you grant another person unauthorised access in any way, whether or not they are a member, for example by letting them walk through the entrance gate with you, Basic-Fit shall charge the value of a day pass as a fine and access to the club will be blocked until this fine has been paid. In the event of multiple violations, Basic-Fit shall be entitled to terminate the agreement.
ARTICLE 11: RISK AND LIABILITY
a. Exercising comes with risks. If you use our facilities, you must be able to assess your own capabilities. We do not offer active supervision by persons at the club. You can engage a Personal Trainer, buy an introduction session or make use of the advice and tips that we provide in our app or via other means in the club. However, you will always be responsible for the way in which you exercise and the choices you make. The use of the facilities will be at your own risk. In the event of any (reservations about) physical conditions, we advise you to seek expert advice from a doctor or specialist to determine a correct and sensible way of exercising.
b. Basic-Fit and its employees are not liable for any material or non-material damage arising from an accident or injury suffered by you in one of our clubs.
c. We recommend that you do not bring any valuables with you to the clubs. Basic-Fit always provides lockers, but the use of these lockers is at your own risk. Experience suggests that no locker is ever safe from experienced thieves. Basic-Fit does not accept any liability for damage, loss or theft of your property.
ARTICLE 12: COMPLAINTS
a. We do our utmost to be of service to everyone and want to enable as many people as possible to access sporting facilities through our clubs. In the event that you have any complaints, we regret this and would be more than happy to hear them. In the first instance you can, of course, turn to the host in our clubs and in the second instance you can turn to Basic Fit's customer service department, as described on the website.
ARTICLE 13: PERSONAL DATA
a. In order to execute your agreement, we collect your personal data. Basic-Fit processes your personal data appropriately and with due care and within the framework of the applicable legislation and regulations, such as the General Data Protection Regulation (GDPR).
b. The privacy declaration of Basic-Fit lists which data is processed by us, for which purposes we process it and how we handle the personal data. It also explains the way in which involved persons are able to exercise their rights for the processing of their personal data. You can find the Basic-Fit privacy statement on our website.
c. In order to protect the safety of people in and around our clubs, we use video and audio surveillance equipment to monitor the club 24 hours per day. Video and audio surveillance is limited to the sports hall and is not present in the toilets, showers or changing rooms.
ARTICLE 14: BASIC FIT CUSTOMER SERVICE CONTACT DETAILS
a.The contact details of our customer service department are: •
E-mail: using the contact form www.basic-fit.com/nl-nl/klantenservice/contact
Postal address: Postbus 3124, 2130 KC Hoofddorp, The Netherlands
b. b. You can find more information on the Basic-Fit website: www.basic-fit.nl.
You can also arrange many things yourself on My Basic-Fit.
ARTICLE 15: APPLICABLE LAW AND DISPUTES
a. Only Dutch law is applicable to these terms and conditions and all agreements entered into by or with Basic-Fit.
b. All disputes that arise on the basis of the agreement between the member and Basic-Fit will be assessed by the competent court in the district where the home club is established.
Version as of 7 January 2020