These General Terms and Conditions of Djoesfit come into effect on August 1, 2022.

Djoesfit General Terms and Conditions

Article 1 Definitions

The Entrepreneur: The natural or legal person who, as a member of Djoesfit, enters into an agreement regarding fitness activities.

The Consumer: A natural person who is not acting in the exercise of a profession or business and who enters into an agreement regarding fitness activities.

Fitness: Service focused on physical and/or mental activity.

The Agreement: Agreement between the Entrepreneur and the Consumer regarding Fitness.

Article 2 Applicability

These general terms and conditions apply to all agreements concerning fitness activities between the Operator and the Consumer.

Article 3 The offer

1. The Operator's offer is made in writing or electronically and is valid for a period specified by the Operator. If no acceptance period is specified, the offer remains valid for two weeks from the date of issue.
2. After the offer has been made, the Consumer completes a medical questionnaire provided by the Operator.
3. The offer includes at least:– the option to view the fitness area(s) and facilities;– the cooling-off period, as referred to in Article 5;– the facilities and guidance available for use;– the days and times when the facilities can be used;– the costs of the subscription and the consequences for costs in the event of early termination pursuant to Article 6. The offer clearly states whether these are periodic costs or one-off costs;– the time at which the costs may be increased annually by the Operator pursuant to Article 7;– the method of payment and the payment term;– the duration of the Agreement and the associated notice period or, in the case of a punch card, the validity period; and– the house rules.
4. The description of the offer must be sufficient to enable the Consumer to make a proper assessment of the offer.
5. The offer—whether written or electronic—is accompanied by a copy of these general terms and conditions.

Article 4 The Agreement

The Agreement is concluded upon signing the offer.

The Agreement is strictly personal.

Article 5 Cooling-off period

During a cooling-off period of one week after signing the Agreement, the Consumer has the option to cancel the Agreement free of charge. This right of withdrawal ends the moment the Consumer makes use of the fitness facilities.

Article 6 Duration and termination

1. The Operator offers the Consumer at least the choice between:– an Agreement of 3 months or less; and– an Agreement of a longer duration. Unless otherwise agreed, an agreement for 1 year or less must be terminated with a notice period of 1 month by the end of the subscription term, in accordance with paragraph 4 of this article. If notice is not given in time, the Agreement will continue for an indefinite period after the agreed term. An agreement for an indefinite period can be terminated at any time with a notice period of 1 month, in accordance with paragraph 4 of this article.
2. If the Agreement is concluded for a duration longer than 1 year, the Consumer has the option to terminate the Agreement after 1 year, subject to a notice period of 1 month, in accordance with paragraph 4 of this article.
3. It has become impossible for the Consumer to use the fitness facilities for the remainder of the subscription period due to a verifiable injury or illness. This termination must be made with a notice period of 1 month by the end of the month, in accordance with paragraph 4 of this article.
4. The Agreement must be terminated in writing or, if the Agreement was entered into digitally, either digitally or in writing.
5. In the event of termination as referred to in paragraphs 2 and 3, the Operator is entitled to recalculate the contribution for the elapsed subscription period based on the actual period used and the corresponding (higher) subscription rate and/or registration fee.
6. In addition to the termination option referred to in paragraph 3, the Consumer has the option to freeze their membership. If the Consumer is unable to use the fitness facilities for a period longer than one month due to a verifiable injury or illness, the contract period will be extended by this period without any additional subscription fees being charged for this time.
7. The Operator may terminate the agreement with immediate effect if:– the Consumer violates one or more provisions of these terms and conditions or the applicable (house) rules, unless the violation does not justify early termination; or– the Consumer has acted unlawfully towards the Operator or a contractor of the Operator. In these cases, the remaining subscription fees will not be refunded.
8. If the Entrepreneur ceases operations, the Entrepreneur may terminate the agreement early, subject to a notice period of 1 month. In that case, any remaining subscription fees will be refunded.

Article 7 Price and price changes

1. The subscription fee is agreed upon in advance.
2. Any price increases will be announced by the Entrepreneur at least 2 weeks in advance.
3. If a price increase occurs, the Consumer has the right to terminate the Agreement within 4 weeks of the announcement. Any prepaid subscription fees will be refunded.
4. The right to terminate as referred to in paragraph 3 does not apply to price adjustments based on the consumer price index for household consumption, nor to price adjustments that result directly from legislation, such as those concerning VAT. If such a price increase occurs within 3 months of the conclusion of the Agreement, the right to terminate as referred to in paragraph 3 does apply.

Article 8 Obligations of the Entrepreneur

1. The Entrepreneur guarantees that the facilities and services provided comply with the Agreement.
2. The Entrepreneur shall subject the facilities to the required maintenance.
3. The Entrepreneur guarantees that the instructors or supervisors possess the level of knowledge that can reasonably be expected.
4. The Entrepreneur shall ensure that sufficient first-aid supplies are available.
5. The Entrepreneur shall take measures to prevent damage to or loss of the Consumer's property.

Article 9 Obligations of the Consumer

1. The Consumer shall adhere to the instructions provided by the Entrepreneur and the house rules.
2. The Consumer must report any medical contraindications for fitness to the Entrepreneur.
3. The Consumer must follow the instructions of the Entrepreneur or the staff appointed by them. The Consumer is not permitted to use equipment or facilities with which they are unfamiliar. If the Consumer is unfamiliar with one or more pieces of equipment or facilities, they must inform the Entrepreneur so that the Entrepreneur can provide an explanation.
4. The Consumer is not permitted to use the equipment and facilities if they are under the influence of alcohol, drugs, medication, or substances classified as doping.
5. The Consumer is not permitted to smoke in the fitness areas provided by the Entrepreneur.
6. The Consumer must notify the Entrepreneur in writing or electronically of any changes to their postal address, email address, bank account number, or telephone number in a timely manner.

Article 10 Interim changes

1. The Entrepreneur may make interim changes to the facilities offered and opening hours. The Entrepreneur will announce the intended changes in an appropriate manner at least 4 weeks in advance.
2. In the event of changes, as referred to in paragraph 1, that are to the detriment of the Consumer, the Consumer has the right to terminate the subscription without a notice period for 4 weeks after the announcement, unless the change does not justify termination. If the aforementioned termination is justified, the prepaid subscription fee will be refunded.

Article 11 Proof of participation

1. After payment of the amount due and upon presentation of a copy of a recent identity document, the Consumer will receive proof of participation. Upon request, the proof of participation will be used to register visits upon entry.
2. If the proof of participation has been lost or damaged, a new one can be requested. The Entrepreneur is entitled to charge for any reasonable costs incurred for this.

Article 12 Payment

The subscription fee due is agreed upon in advance and paid as agreed.

In the event of late payment, the Consumer is in default by operation of law. The Entrepreneur will notify the Consumer of this in writing, after which payment must still be made within 14 days.

After this period has expired, the Entrepreneur is entitled to charge statutory interest and reasonable (extrajudicial) collection costs pursuant to Article 6:96 paragraph 2 of the Dutch Civil Code.

Reversal: If a direct debit is reversed or charged back, an administrative fee of €10.00 per reversal will be charged.

If the Consumer fails to meet their payment obligations, the Entrepreneur may refuse access to the fitness facilities and take legal action.

Article 13 Liability

1. The Entrepreneur is liable to the Consumer for damages resulting from a culpable failure to fulfill their obligations under the Agreement and for damages that are at the Entrepreneur's expense and risk. The Entrepreneur is not liable for damage to or loss of property, provided that the Entrepreneur has taken measures to prevent damage to or loss of property.
2. The Entrepreneur will adequately insure against their business risks. The Entrepreneur's liability is limited to the amount for which the Entrepreneur can claim a payout from the insurance company, with a minimum of 1,000,000 euros per incident.
3. The Consumer is liable to the Entrepreneur for damages resulting from a culpable failure to fulfill their obligations under the Agreement and for damages that are at the Consumer's expense and risk.

Article 14 Complaints

1. The Entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this procedure.
2. The Consumer must submit complaints regarding the performance of the Agreement to the Entrepreneur as soon as possible—and no later than two months after the Consumer has discovered the defects—unless this cannot reasonably be expected of them. These complaints must be complete, clearly described, and accompanied by any supporting evidence.
3. Failure to submit a complaint in a timely manner may result in the Consumer losing their rights in this regard.
4. The Entrepreneur will respond to complaints submitted by the Consumer as soon as possible—and no later than four weeks—from the date of receipt. If a complaint requires a foreseeably longer processing time, the Entrepreneur will respond immediately with an acknowledgment of receipt and an indication of when the Consumer can expect a more detailed response.