GENERAL TERMS AND CONDITIONS ANYTIME FITNESS BENELUX (NL)
1.1 Club: the entrepreneur who runs an Anytime Fitness location (listed at the Chamber of Commerce).
1.2 Member/Members: the person who has entered or possibly will enter into a membership agreement with the club.
1.3 Agreement: the membership agreement/the membership
1.4 Membership conditions: the general terms and conditions of Anytime Fitness or the Club as laid down in the following stipulations.
2.1 Anytime Fitness is a trademark of Anytime Fitness LLC. The Club has obtained a licence and is independently managed and operated.
2.2 Members receive a copy of these Membership conditions on registration. The Membership conditions can also be inspected at the Club. On entering into the Agreement Members are deemed to read the Membership conditions and state their acceptance of the content of the Membership conditions by signing the Agreement.
2.3 By signing the Agreement the Member also accepts the content of the facilities regulations to which the Agreement refers, as well as the (if any) applicable (internal) regulations of the Club which from time to time may be amended by the Club at its own discretion.
2.4 The Member will be granted access to the Club and its facilities if he complies with the membership payments as included in the Agreement.
2.5 Anytime Fitness strives to provide any (new) Member with good coaching and training in order to guarantee a safe and correct use of the fitness equipment in the Club. The Member him/herself sees to it that he/she makes an appointment with a team member of the Club for a tour or coaching. If Members are not familiar with (a part of ) the fitness equipment or certain exercises, they should ask a team member of the Club for advice.
2.6 The member understands that (group) fitness activities and the use of fitness equipment are not without risk. Members exercise at their own risk at the Club.
3.1 The offer of the Club is done in writing or electronically and is valid for the term as indicated by the Club or during a promotion period. If no term has been defined for the offer, then the offer remains valid for a period of two weeks after the date of the offer. After the offer has been made the member completes a (medical) questionnaire which is provided to him by the Club.
The offer should at least contain:
3.2 The description of the offer should be sufficient for a good assessment of the offer by the member.
3.3 The offer – written or electronically – will be accompanied by a copy of the Membership conditions.
4.1 The Agreement is person-related and therefore non-transferrable, non-negotiable and non-refundable.
4.2 The Agreement entitles Members the 7 days per week, 24 hours per day use of all available exercise facilities within the chosen type of membership.
4.3 On entering into an Agreement the membership will start at the first day of the month. If the member starts during an already started month then he will pay for a part of the month (remaining amount) and the duration of the membership will start on the first day of the next full month.
4.4 The member has a buyer’s remorse period of 2 weeks (14 days) after the signing of the Agreement to annul the agreed-on membership free of charge. This right of withdrawal ends at the moment that the member has made earlier use of our exercise facilities.
4.5 If the member loses his access key, he will inform the Club thereof as soon as possible. The member must then buy a new access key.
4.6 For the purpose of identification and security a digital photo of the member will be taken on registration.
4.7 The member may use no more than one (if any) discount scheme at the same time.
4.8 Anytime Fitness reserves the right to refuse a request for membership.
4.9 If the member has chosen a membership period longer than 12 months and after these 12 months, but before the expiry of the initial membership period, wishes to terminate his membership, then the club will recalculate the membership fee based on the actual consumed period and the accompanying demonstrable (higher) membership contribution and/or registration fee. The member will pay the amount of the recalculation before the end date after termination. For termination always a notice period of 1 month applies.
5.1 By entering into the Agreement the member accepts the minimum membership period from the agreed on starting date until the agreed-on end date (the “Membership period"). After the agreed on end date the membership and the payment obligation will always be extended automatically with a full month, unless the member terminates his membership by issuing a written statement which should have been received by the Club at least one full month before the expiry of the end date.
5.2 If the member becomes a member of the Club prior to the opening of the Club, the membership period will start as from the first full month after the opening of the Club.
6.1 The membership fee is agreed on by entering into the Agreement.
6.2 The Club will communicate any price increase to the Members at least 2 weeks in advance.
6.3 If a price increase takes place, the member has the right to annul the Agreement within 4 weeks after its communication. The membership fee paid in advance will be refunded.
6.4 The possibility to annual within the meaning of article 6.3 does not apply to price adjustments based on the price index for household consumption nor to price adjustments that ensue directly from the law, such as those with regard to VAT. This indexation applies to all current memberships regardless their duration. If this price increase takes place within 3 months after the conclusion of the Agreement, then there is a right to annulment within the meaning of paragraph 6.3.
6.5 The Club has a partnership with an invoicing company or Billing Company. The latter sees to it that the periodic payments are being collected via sepa-legislation. The name of this company, currently the Harlands Group, shall be indicated on your bank statements.
6.6 Registration fees will be paid on registration together with the purchase price of the access key at the start of the membership.
6.7 When reaching the maximum age, age-restricted memberships shall automatically be transferred into the regular – non age-restricted – membership with all accompanying membership prices.
7.1 The membership fees due will be charged and paid in the agreed manner.
7.2 If the member remains in default for any payment as agreed on in the Agreement, the Club has the right to claim the remaining outstanding amount. The allowed interest and all costs of collection, including but not restricted to, costs of the collection agency, legal costs and any lawyers’ costs, will be charged to the member.
7.3 If a monthly payment or a payment according to another agreed term is met after the due date, any additional costs for the late payment , including the costs of collection by the hired agency, will be for the account of the member.
7.4 Additional service costs may be charged to the member for each audit, credit card, or not executable payment due to insufficient assets or for another reason. If the member pays his monthly contribution via electronic transfer (EFT), the appointed Billing Company reserves the right to collect via EFT all amounts due including all recent costs and service costs.
7.5 If the member does not meet his payment obligation, the Club is entitled to deny the member access to the Club and facilities. The payment obligation remains intact.
8.1 If the member is not able to use the facilities of the Club due to illness or demonstrable injury, he may temporarily have the Agreement suspended for a consecutive period of at least 1 month and not longer than 3 months. In this case the Club is entitled to evidence which proves the illness or injury, e.g. a statement of the attending physician or specialist or a treatment specification.
8.2 The temporary suspension within the meaning of article 8.1 shall prolong the duration of the Agreement with the length of the suspension period.
8.3 The Agreement cannot be terminated during the temporary suspension period.
8.4 Temporary suspension can never be implemented with retroactive effect.
9.1 Under the following circumstances the member may terminate the Agreement:
9.2 Early termination by the Club is possible with immediate effect if:
- the member violates one or more stipulations of these conditions, or of the applicable club regulations, unless the violation does not justify an early termination or
- the member is guilty of wrongful behaviour towards the Club or towards another club member or team member of the Club.
In these cases, the remaining membership fee will not be refunded.
9.3 If the Club terminates its enterprise, then early termination by the Club is possible with due regard to a notice period of 1 month. In that case the remaining membership fee will be refunded.
10.1 On registration the member buys an access key, thus becoming and remaining the owner of this access key. The costs for the purchase of the access key should be paid by the member at the start of the Agreement. This access key shall only be exclusively by the member personally for gaining access to the Club. Access keys are not transferable.
10.2 In case of loss or theft of the access key the member should inform the Club and buy a new substitute access key.
10.3 Members who are not in possession of their access keys during unmanned hours will not be granted access to the Club. Nor should they be allowed access by other Members.
11.1 The Club will be monitored 24 hours per day by means of video cameras.
11.2 The security regulations of the Club have been incorporated in the facility regulations. Members should observe these facility regulations.
11.3 Members are obliged to observe the safety functions of the equipment. If a Member is not sure how to operate a device, he may ask for assistance from the personnel of the Club.
11.4 The member is supposed to understand the operation of the alarm devices and agrees to only use them in case of emergency. In case of abuse of the alarm devices the Club may recover the related costs from the member, whether in combination or not with a fine of € 150,00.
11.5 Members are expected to read – in addition to the facility regulations – all safety announcements that are displayed at the Club. In particular Members should follow all instructions regarding to safe and correct use of the equipment in the Club. Members are aware of the fact that at certain times the Club is unmanned. At such times the member should not use fitness equipment that is unfamiliar to him.
11.6 Members with complaints (physical/mental) and/or a medical history should only exercise during manned hours, unless they are accompanied by another Member during unmanned hours. Therefore, for these members unaccompanied exercise during unmanned hours is not permitted.
11.7 Members between 16 and 18 years old are only allowed to exercise between 08:00 am and 22.00 pm, unless they are accompanied by an adult Member. Members between 14 and 16 years old are only allowed to exercise during manned hours, unless they are accompanied by an adult Member. Members between 12 and 14 years old are only allowed to exercise during manned hours, together with an adult Member.
11.8 For the purpose of security and recognizability it is not allowed to wear a cap or hood.
12.1 Members should use the equipment and facilities in compliance with the rules and instructions. Members should not abuse the equipment or facilities of the Club.
12.2 Offensive, insulting threatening or violent conduct, misuse of equipment, the use of alcohol or illegal substances and smoking is prohibited in the Club and may result in suspension or termination of the Agreement within the meaning of article 9.2.
12.3 It is the responsibility of the member that the equipment used by him (or his guest) will be left behind clean and that the weights and other attributes used by him (or his guest) are put back at their original places.
12.4 Members should wear clean sport shoes which are only used indoors.
12.5 Taking photographs by Members (including image creation by means of a mobile telephone or similar device) is forbidden in all Club areas.
13.1 During the duration of the Agreement Members have the opportunity to make use of other Anytime Fitness Clubs all over the world.
13.2 As soon as the member exercises more than 50% at another Anytime Fitness Club he is eligible for a transfer. In that case the member will be transferred via this transfer arrangement. At that moment the member is expected to pay his membership fee to the other Club, that may charge more or less membership fee than on the basis of the Agreement. If the member does not abide by the transfer arrangement, he will be denied the opportunity to use other Anytime Fitness Clubs.
14.1 If the Club is taken over by another owner, the Agreement will be continued with the new owner as contract party.
14.2 In the case as described in article 14.1 the Agreement remains in force. The member will continue to pay the membership fees provided that the rules of the new Club do not have a financially negative effect on the member’s use of the Club.
15.1 The Club guarantees that the facilities and provided services are in conformity with the Agreement.
15.2 The club subjects the equipment and other facilities to the required maintenance.
15.3 The club guarantees that the instructors and/or assistants have the knowledge that reasonably might be expected of them.
15.4 The club sees to it that sufficient First-Aid materials are available.
16.1 The member should adhere to the stipulations of the Agreement, the facility regulations, these Membership conditions and any other (internal) regulations of the club.
16.2 The member should follow the instructions and directions of the club or the employees of the club.
16.3 In case of a medical contra-indication for Fitness, the member should inform the club thereof.
16.4 The member should inform the club timely, in writing or electronically, of changes in his personal information, such as the postal address, email address, bank account number and telephone number.
17.1 Towards the member the club is only liable for damage as a result of imputable failure to observe its obligations within the meaning of article 15 of these conditions and for damage that is for the account and risk of the club. The club is not liable for damage to or loss of properties, unless in case of wrongful acts of the Club. The latter also applies for cars, and anything present in the cars, that are parked in the parking lot of the club or elsewhere on the grounds of the club.
17.2. The club shall take out sufficient insurances for his company risks. The club’s liability is limited to the insured amount, increased with the excess.
17.3 Towards the club the member is liable for damage as a result of imputable failure to observe his obligations within the meaning of article 16 of these conditions and for damage that is for the account and risk of the member.
18.1 The club may implement interim changes to the presented facilities and opening hours. The club shall communicate the intended changes at least 4 weeks in advance.
18.2 In case of changes, within the meaning of article 18.1, to the detriment of the member, the member has the right during 4 weeks after the announcement to terminate the Agreement without a notice period, unless the change does not justify a termination. If aforementioned termination is justified, the membership paid in advance will be refunded.
19.1 An Anytime Fitness club might use a club improvement program, if it does the following applies:
19.2 The club improvement program entails a twice per year (on 20 May and 20 November) collection from the member of a contribution of € 15,00. This amount may be indexed annually. These contributions will be used for new investments.
19.3 Members may actively contribute ideas to the manner of investment of the contributions based on the club improvement program.
20.1 The Club processes personal information responsibly in compliance with the applicable (inter)national laws and legislation, including in any case the General Data Protection Regulation (GDPR).
20.2 In the Privacy policy, to be found on the club’s website, it is stated which personal information is processed by the club, to which purpose and how the personal information is handled.
All Agreements to which these Membership conditions have been declared applicable, are governed by Dutch Law.
22.1 If the club is linked up with NL Actief it will observe the quality protocol of NL Actief, being: “LERF Basis” (to be found at: www.keurmerkfitness.nl), including its doping covenant.
22.2 If the club is linked up with NL Actief disputes between the club and the member regarding:
may be brought before the Complaints Boards ‘Sport en Beweging’, Bordewijklaan 46, 2509 LP Den Haag (www.degeschillencommisie.nl), both by the Club as well as the Member.
22.3 If the club is linked up with NL Actief, NL Actief guarantees the observance of the binding advice.
22.4 If a Club is linked up with NL Actief may be checked on the website of NL Actief (www.nlactief.nl).