General Terms and conditions KICKSFIT D.D. NOVEMBER 16th 2020
General Terms and conditions
Article 1. Definitions
– General Terms and Conditions: these general terms and conditions.
– Participant: the person who enters an Agreement with KICKSFIT regarding KicksFit workouts.
– E-mail: an e-mail that will be sent to firstname.lastname@example.org.
– Calendar month: the period from the 1st day of a calendar month to the 1st day of the next calendar month (for example, July 1st to August 1st).
– KicksFit workouts: all of the different types of workouts offered by KICKSFIT to football enthusiasts under the name KicksFit.
– KICKSFIT: company located at Laan van Spartaan 1, 1063 MA Amsterdam.
– Month: The period between the day of a month and the day with the same number in the next month (for example, January 15 to February 15).
– Agreement: the agreement concluded between KICKSFIT and the Participant in the form of a membership in order to participate in KicksFit.
– Website: the website of KicksFit (currently: https://www.kicksfit.nl).
Article 2. General
- The General Terms and Conditions apply to all offers made by KICKSFIT to Participants in the context of KicksFit and Agreements concluded with Participants.
- KICKSFIT explicitly does not agree with the applicability of any general (and/or specific) conditions and/or stipulations of the Participant.
- Non-applicability and/or deviations from or additions in any form whatsoever to the General Terms and Conditions only apply if KICKSFIT has expressly agreed to this in writing in advance.
- In the event of a conflict between the provisions in the General Terms and Conditions and the provisions in the Agreement, the latter shall prevail.
- If a provision in the General Terms and Conditions and/or in the Agreement proves to be invalid, this will not affect the validity of the other provisions in the General Terms and Conditions and/or the Agreement. KICKSFIT will adopt a new provision to replace the invalid provision, which will give shape to the intent of the original provision as much as legally possible.
- KICKSFIT is entitled to unilaterally change the General Terms and Conditions at all times. In that case, the Participant will be informed in a timely manner by KICKSFIT of the change. There will be at least 1 month between this notification from KICKSFIT and the amended General Terms and Conditions. If this change results in a performance being provided to the Participant that deviates substantially from the original performance, KICKSFIT will give the Participant the opportunity to dissolve the agreement by email in accordance with the provisions of Article 6:237 under c of the Dutch Civil Code as of the date that the amended General Terms and Conditions will come into effect.
Article 3. Agreement
- KICKSFIT offers various membership forms for KicksFit, the details of which can be found on the Website.
- Only persons of 16 years or older can conclude an Agreement.
- Persons between the ages of 16 and 17 must have permission from one of their parents or other legal representatives to conclude an Agreement and be able to demonstrate this at the request of KICKSFIT.
- An Agreement is personal and the rights and obligations cannot be transferred by the Participant to third parties.
- KICKSFIT offers the possibility to participate in a Kicksfit trial workout before an Agreement is concluded. There is no charge for a trial workout. The number of trial workout sessions is limited to 1 per year per person.
Article 4. Reflection period
- The Participant is entitled to terminate an Agreement by E-mail within 14 calendar days after it has been concluded, without being liable for membership fees.
- However, if the Participant has already made use of Kicksfit during these 14 calendar days, the Participant owes KICKSFIT a separate (participation) fee.
- The (participation) fee as described in paragraph 2 of this article will be deducted by KICKSFIT from membership fees already paid by the Participant, after which the remainder will be refunded to the Participant. If the Participant has not yet paid membership fees, or if these membership fees are not sufficient, KICKSFIT will invoice the (participation) fee separately.
Article 5. Duration and termination
- A Participant who has concluded an Agreement for the duration of 1 year or less and wishes to cancel it, will have to do so by E-mail towards the end of the membership period, subject to a notice period of 1 month (cancellation on January 15, for example, effect as of February 15). If a Participant does not cancel in time, the Agreement will continue for an indefinite period after the agreed period.
- An Agreement for a period of 1 year or less can be terminated prematurely if the Participant’s living conditions have changed and the travel distance from the Participant’s new home address to the nearest location where KicksFit is offered is more than 15 kilometers. The request to terminate the Agreement prematurely and as a result of changed living conditions must be made by e-mail with a notice period of 1 month (cancellation on, for example, January 15th has effect as of February 15th) with simultaneous submission of evidence from which it is sufficiently clear KICKSFIT that living conditions have changed. For the calculation of the travel distance, the shortest route as indicated by a route planner applies, calculated from the Participant’s new home address to the nearest location where KicksFit is offered.
- A Participant can terminate an Agreement for an indefinite period of time via E-mail, subject to a notice period of 1 month (cancellation on, for example, January 15th has effect from February 15th).
- If an Agreement has been concluded for a duration longer than 1 year, then the Participant has the option of cancelling the Agreement by E-mail after 1 year with due observance of a notice period of 1 month (cancellation on, for example, January 15th has effect from February 15th). ).
- In the event of cancellation of the Agreement by the Participant on the basis of this article, KICKSFIT is entitled to recalculate the contribution over the expired membership period on the basis of the period actually purchased and the associated demonstrable membership fees.
- KICKSFIT may terminate the Agreement with immediate effect if:
- The participant violates one or more provisions of the General Terms and Conditions or the Agreement, unless the violation does not justify premature termination;
- The participant has acted unlawfully towards KICKSFIT or a third party designated by KICKSFIT in the context of KicksFit.
- In the event of termination of the Agreement by KICKSFIT pursuant to number 6 of this article, any membership fees paid by the Participant will not be refunded by KICKSFIT. In addition, KICKSFIT reserves the right to hold the Participant liable for KICKSFIT, or the third party designated by KICKSFIT in the context of KicksFit, suffered damage.
Article 6. Suspension ("Freezing")
- A Participant who cannot participate at all in KicksFit workouts as a result of an injury, illness, pregnancy or injury for more than 1 Calendar Month, can request to suspend (“to freeze” the Agreement for a period of 1 to a maximum of 9 consecutive Calendar Months).
- The request to freeze the Agreement must be made by e-mail, with simultaneous submission of evidence from which, in the opinion of KICKSFIT, it is sufficient to demonstrate that the Participant cannot participate in KicksFit for a period longer than 1 Calendar Month.
- The desired effective date of the suspension and the number of calendar months of the suspension must be stated in the E-mail.
- If KICKSFIT agrees to the suspension of the Agreement, then the suspension will start on the first day of the Calendar Month following the date on which the E-mail for suspension of the Agreement has been received by KICKSFIT and the receipt thereof by KICKSFIT to Participant has been confirmed.
- During the period of suspension, the rights attached to the Agreement cannot be used, but the membership fees will be collected. In addition, KICKSFIT is entitled to charge €7.50 administration costs to the Participant for the suspension.
- After the period of suspension, the Agreement will be extended for the period of suspension without any membership fees being due.
Article 7. Payment and price change
- The membership fees are stated on the Website and must be paid by direct debit. The membership fees are collected after the conclusion of an Agreement and then monthly at the beginning of the new Calendar Month.
- If the membership fees due, cannot be collected on time, the Participant will be given notice of default and given a period of 14 days to still pay the membership fees.
- If the Participant has not paid the monthly membership fees within 30 calendar days after the payment term, the Participant will be denied (further) participation in KicksFit workouts. The participant may then only participate in KicksFit workouts again as soon as the outstanding membership fees have been paid.
- Only if the Participant concludes an Agreement during a Calendar Month, the monthly costs for this first period (for example 13 July – 1 August) will be calculated pro rata. The next Calendar Month then runs from August 1 to September 1. If the Participant cancels the Agreement, the Participant can continue to participate in KicksFit up to and including the last day of the Agreement, after which no more membership fees are debited and the Agreement is terminated.
- If a payment from the Participant is reversed or cannot be collected in any other way, KICKSFIT is entitled to charge €7.50 administration costs to the Participant.
- KICKSFIT will announce any price increases of the membership fees to the Participant and/or via the Website 4 weeks in advance.
- In the event of a price increase, the Participant is entitled to dissolve the Agreement within 4 weeks after the announcement of the price increase by KICKSFIT. Any prepaid membership fees that relate to the period after the dissolution will then be refunded to the Participant by KICKSFIT. The membership fee owed by the Participant is hereby recalculated based on the actual membership period and the associated demonstrable membership fee.
- The option to dissolve under paragraph 7 of this article does not apply to price adjustments based on the consumer price index, CPI-all households, as published annually by Statistics Netherlands, or to price adjustments that result directly from the law, such as a VAT -elevation.
Article 8. Obligations KICKSFIT
- KICKSFIT ensures that the facilities and materials that are used are of good quality, are maintained and are suitable for KicksFit.
- KICKSFIT only employs trainers who have sufficient knowledge to offer KicksFit in the correct way.
- KICKSFIT ensures that a first-aid kit is available.
Article 9. Obligations participant
- The participant must adhere to the directions and instructions given by KICKSFIT, or the third party designated by KICKSFIT in the context of KicksFit, and what has been declared applicable in or pursuant to the General Terms and Conditions and the Agreement.
- The participant is also obliged to comply with all reasonable instructions from KICKSFIT and third parties designated by KICKSFIT in the context of KicksFit, such as (but not limited to) trainers in the context of KicksFit.
- A Participant who causes or can cause trouble and/or nuisance in such a way that a proper execution of the Agreement with that Participant or with other Participants in the context of KicksFit is greatly hampered, KICKSFIT can prevent further participation in Kicksfit.
- A Participant who registers via the website to participate in a workout but is ultimately unable to participate, must cancel his/her registration no later than two (2) hours before the start of the relevant workout via the website. If a Participant fails to cancel his/her registration in time and/or does not show up for a workout, the Participant will automatically receive a warning from KICKSFIT. If a Participant fails to cancel his/her registration three (3) times in a period of three (3) months and/or does not show up for a workout, KICKSFIT is entitled to a no-show fine of € 10,- for Participant to be charged.
- If a Participant owes KICKSFIT a no-show fine, the Participant can no longer register for a workout from that moment on until the Participant has paid the no-show fine owed in full.
Article 10. liability KICKSFIT
- Participation in Kicksfit is at your own risk.
- Except in the case of damage caused by intent and/or gross negligence on the part of KICKSFIT, KICKSFIT excludes any liability of KICKSFIT for:
- Damage to items, luggage and/or other personal property of the Participant, whether or not given to KICKSFIT for safekeeping, as a result of theft, loss and/or damage;
- Damage as a result of a failure by the Participant to comply with the General Terms and Conditions and/or the Agreement;
- Injury, injuries, physical complaints or discomfort in the broadest sense of the word, which have arisen during or as a result of KicksFit;
- Except in the case of damage caused by intent and/or gross negligence on the part of KICKSFIT, KICKSFIT is not obliged to compensate any damage and/or costs nor to refund the costs of participation by the Participant in KicksFit.
- The written content, photos and videos on the website describe/show as accurately as possible, what KicksFit entails. Despite this representation of KicksFit as truthfully as possible, this representation does not bind KICKSFIT. Possible deviations – for whatever reasons – are always possible.
Article 11. Liability participant
- The Participant is liable for all damage that is and/or will arise for KICKSFIT and/or a third party designated by KICKSFIT in the context of KicksFit as a direct and/or indirect consequence of an attributable failure on the part of the Participant, including non-compliance of the Participant’s obligations as described in the General Terms and Conditions and/or the Agreement.
- The Participant will fully indemnify KICKSFIT against claims by a third party for compensation for damage resulting from and/or related to the use during KicksFit of facilities and/or services by the Participant under the General Terms and Conditions and/or the Agreement.
Article 12. Complaints
- The Participant must notify KICKSFIT of complaints about the implementation of the Agreement as soon as possible, but at the latest within 4 weeks, by e-mail, unless this cannot reasonably be expected from the Participant.
- KICKSFIT will answer a complaint from the Participant as soon as possible, but at the latest within 4 weeks from the moment of receipt of the complaint by KICKSFIT.
Article 13. Sound recording(s), photo(s) and/or video(s)
- The Participant agrees that during or around KicksFit one or more sound recording(s), photo(s) and/or video(s) can be made with the recognizable image of the Participant and that these sound recording(s), photo(s) ‘s) and/or video(s) may be used by KICKSFIT for all purposes, including but not limited to editorial, commercial and/or promotional purposes.
- The participant unconditionally transfers all rights that he/she could claim to the sound recording(s), photo(s) and/or video(s) referred to in paragraph 1 of this article, to KICKSFIT.
- Participant waives his/her authority to object to the use of his/her portrait for any purpose whatsoever.
- If the Participant does not agree with the making and use of the sound recording(s), photo(s) and/or video(s) as referred to in paragraph 1 of this article, the Participant must inform KICKSFIT of this prior to participation in the KicksFit to be notified by e-mail.
Article 15. Final provision
The Agreement and the General Terms and Conditions are exclusively governed by Dutch law.
All disputes arising from or related to the Agreement and the General Terms and Conditions will be submitted to the District Court of Midden-Nederland, location Utrecht.