Term and conditions

 

IMOVEAMSTERDAM Boutique B.V. and other IMOVEAMSTERDAM entities, with statutory residence in Amsterdam and a registered office at Stettineiland 122, duly registered with the Chamber of Commerce under registration number 78604494. They operate under the trade name IMOVEAMSTERDAM, collectively referred to hereinafter as “IMOVEAMSTERDAM.”

Participants are defined as any individuals who have entered into a Participant Agreement with IMOVEAMSTERDAM.

A Participant Agreement is the formal agreement between IMOVEAMSTERDAM and a Participant.

Participant Terms refer to these comprehensive terms and conditions, which are publicly accessible on the IMOVEAMSTERDAM Website and available upon the initial request of a Participant.

Credit is the balance or credit acquired by a Participant through the Website to reserve and/or participate in a Class, use the gym and/or the wellness facilities at an IMOVEAMSTERDAM Studio within the specified Term (Termijn).

A Class is defined as any instructional session, whether individual or group, provided by or on behalf of IMOVEAMSTERDAM at an IMOVEAMSTERDAM Studio. Additionally, the usage of gym- and/or wellness facilities are included in the term ‘class’ where applicable, given those need to be reserved, cancelled etcetera, with credits and/or memberships as well.

Personal Data encompasses all information provided by a Participant to IMOVEAMSTERDAM as specified in the Participant Agreement.

A Studio is any facility managed by IMOVEAMSTERDAM, as indicated on the Website.

Term refers to the duration starting from the acquisition of Credit within which a Participant possesses the right to partake in a Class or a limited number of Classes.

The Website is the official website of IMOVEAMSTERDAM: www.ImoveAmsterdam.com.

 

ARTICLE 2 – GENERAL

2.1 Each Participant is required to familiarize themselves with these Participant Terms of IMOVEAMSTERDAM. If there exists a Participant Agreement between IMOVEAMSTERDAM and a Participant, these general rules are an integral and inseparable part of it.

 

2.2 The entitlements derived from a Participant Agreement are strictly personal.

2.3 IMOVEAMSTERDAM retains the right to cap the total count of registered participants, as well as alter the operating hours, Class schedules, class quantities, and fees.

2.4  IMOVEAMSTERDAM also maintains the right to decline Participants in cases of subscription system misuse or improper utilization of IMOVEAMSTERDAM facilities, or in instances of inappropriate conduct.

2.5  The use of appropriate sportswear is mandatory. Footwear within certain areas is strictly prohibited, as is indicated on location.

2.6  The use of a towel for every activity is obligatory.

2.7  Every IMOVEAMSTERDAM Studio is designated as a smoke-free environment.

2.8 Bringing personal drinks and/or food into IMOVEAMSTERDAM is prohibited, except for the use of sealable plastic water bottles.

2.9  IMOVEAMSTERDAM reserves the right to close the entire day or a portion of it on recognized holidays or during renovation.

2.10  Children under 16 years of age are not permitted within IMOVEAMSTERDAM, except when under the supervision of their parents and with explicit consent from IMOVEAMSTERDAM personnel. Leaving children unattended while the parent(s) participate in a class, use the gym or wellness facilities is also prohibited. Children under the age of 16 are restricted from entering the studio area or participating in a class. Any injuries or damage to children or their belongings resulting from unauthorized access to the Studio is at the individual’s own risk.

2.11  Pets are prohibited at IMOVEAMSTERDAM.

 

ARTICLE 3 – APPLICABILITY

3.1 These Terms for Participants are binding in all legal relations between IMOVEAMSTERDAM and a consumer (Participant) who has obtained Credit and/or engaged in a Class offered and/or delivered by IMOVEAMSTERDAM and/or Credit acquired by a consumer (Participant).

3.2 Upon purchasing Credit or participating in a Class, the Participant expressly accepts these Participant Terms.

3.3  All clauses within these Participant Terms are equally intended for the benefit of IMOVEAMSTERDAM’s directors and all individuals engaged or contracted by IMOVEAMSTERDAM.

3.4 Any deviations from these Participant Terms are valid only if explicitly agreed upon in writing.

3.5 IMOVEAMSTERDAM retains the right to modify these Participant Terms at any juncture. The latest version shall always prevail and is accessible on the Website. A copy of the Participant Terms will be furnished upon request.

 

ARTICLE 4 – PARTICIPANT AGREEMENT

4.1 The Participant Agreement between the Participant and IMOVEAMSTERDAM is established at the moment when the Participant (a) completes all requested details as stipulated in the Participant Agreement and signs it, (b) through mutual agreement, evident from the (online) registration of a Participant, or (c) the Participant utilizes the training facilities of IMOVEAMSTERDAM or participates in a Class. A Participant Agreement is of indefinite duration and may be terminated as per Article 5 of these Participant Terms.

4.2 The Participant shall receive a login name and password for the IMOVEAMSTERDAM registration system during or promptly after registration.

4.3  The completed Participant Agreement and these Participant Terms collectively constitute the comprehensive expression of the rights and duties of IMOVEAMSTERDAM and the Participant, superseding all prior written and verbal communications, agreements, and other correspondences.

4.4  The Participant guarantees timely provision of all data that IMOVEAMSTERDAM deems necessary or that the Participant should reasonably comprehend as essential for the execution of the Participant Agreement.

4.5  An agreement between IMOVEAMSTERDAM and a Participant consists of one or more Credit(s), granting the Participant access to participate in a (limited number of) Class(es) during the Period. Consequently, Credits have a restricted validity, indicated in the Participant’s account on the Website. Once a Credit and/or a bundle of Credits has expired or been utilized, the Participant cannot register for a Class.

4.6 In cases of significant injuries, prolonged illness, pregnancy, or extended stays abroad, the validity of Credit or a bundle of Credits may be temporarily suspended with written consent from IMOVEAMSTERDAM. IMOVEAMSTERDAM reserves the right to request evidence prior to granting a suspension request.

4.7 Credit(s) and/or a bundle of Credits expire automatically and are not subject to automatic extension.

4.8 The Participant Agreement is personal, and the Participant is not authorized to assign, wholly or partially, the rights and duties arising from the Participant Agreement to third parties.

4.9 If a Participant has executed a Participant Agreement with IMOVEAMSTERDAM, the Participant may withdraw within 14 (fourteen) days after signing the Participant Agreement with IMOVEAMSTERDAM.

4.10  In the event the Participant exercises their right to withdraw the Participant Agreement in line with Article 4.9, the Participant shall receive a refund of all payments made to IMOVEAMSTERDAM, unless the Participant has already availed the facilities of IMOVEAMSTERDAM and/or visited an IMOVEAMSTERDAM Studio.

4.11  Should the Participant choose to acquire a new/additional Subscription with IMOVEAMSTERDAM, the terms of the Participant Agreement and these Participant Terms shall remain in full effect, unless otherwise expressly agreed upon in writing.

4.12  Any amendments to an already concluded Participant Agreement necessitate prior written consent from IMOVEAMSTERDAM. Alterations to a Participant Agreement may entail costs for a Participant.

 

ARTICLE 5 – PRICES AND PAYMENT

5.1 The current prices for one Credit, a bundle of Credits, or a Membership are stated on the Website. The latest prices are always valid and available on the Website. Price increases do not affect already purchased and paid Credits, Memberships, or bundles of Credits.

 

Retail and Merchandise Returns

5.2 Unwashed, unworn, and labeled items can be returned within 30 days of purchase for a refund or IMOVEAMSTERDAM store credit only.

5.3 Receipt or proof of purchase must accompany the return to process the refund. All sale items and accessories, including, but not limited to grip socks and water bottles, are final sale unless stated otherwise.

5.4 Unless otherwise agreed, payments must be made via the online payment system or on-site at IMOVEAMSTERDAM. Credits, Memberships, bundles of Credits, and retail items must be paid in full in advance.

5.5 Payments made by a Participant will not be refunded unless a valid revocation is made by the Participant as defined in article 4.7.

5.6 IMOVEAMSTERDAM reserves the right to index and change its prices and rates.

5.7 If the facilities of IMOVEAMSTERDAM cannot be fully used due to circumstances beyond IMOVEAMSTERDAM’s control, the fees payable by the Participant for using the facilities of IMOVEAMSTERDAM will not be refunded.

5.8 No rights can be derived from promotions or special offers before or after their validity period.

5.9 A member shall not redeem a class for cash, and a class cannot be transferred to another person, unless written permission is given by IMOVEAMSTERDAM.

5.10 A member’s credit/debit card will be charged for the order when classes are purchased, not when classes are booked.

5.11 All introductory offers, promotions, and discount codes are for one-time use only per individual unless explicitly indicated otherwise.

5.12 It is a member’s individual responsibility to be aware of any changes in price or expiration of classes/credits after the introductory offers, promotions, discounted credits, or memberships end.

 

ARTICLE 6 – PARTICIPATION, CANCELLATION, AND RESCHEDULING OF CLASSES

6.1 In order to make a reservation, a member must first own a single credit, multiple credits, or a membership. To buy a credit, multiple credits, or a membership online, a member can either sign up on this Website and Application using a personal email and creating a password or, if already registered, log in to buy classes or memberships and make reservations.

6.2  Classes/credits have an expiration date stated on the pricing page on the Website and Application, and future prices are subject to change.

6.3  IMOVEAMSTERDAM accepts Ideal, MasterCard, Visa, American Express, and Maestro.

6.4  A member’s credit/debit card will be charged for the order when the reservation is submitted. IMOVEAMSTERDAM will not process reservation charges that use an incorrect, expired, or over-the-limit credit card. IMOVEAMSTERDAM makes the best effort to contact the member if this occurs. If a member fails to pay fees or charges due, services or privileges may be suspended and/or terminated. The member shall be liable for any external fees, including attorney fees and collection costs that IMOVEAMSTERDAM may incur in its efforts to collect any unpaid balances.

6.5  A Participant must sign up in advance for a Class, including usage of the gym and/or wellness facilities, through the designated online registration system. Without registration, a Participant has no right to participate in a Class or use any facilities.

 

Accurate studio selection.

6.6 Please choose the right studio when booking. Booking at one studio and showing up at another studio is not allowed and is considered an invalid booking.

6.7 In addition to member rights of cancellation and refund, if a member wishes to simply cancel a spot reserved in a class, they may do so up until 24 hours before the start of the applicable class, and in such case, the member’s unused class will be returned to the member’s account to be used at a future date.

 

On time

6.8 Please be on time; we cannot let you participate after the class has started. Please note that arriving late will lead to a loss of your Credit.

 

First Time

6.9 For clients joining IMOVEAMSTERDAM for the first time: for safety reasons, an introduction to the class is mandatory and is given 5 minutes before the class. Introduction is also mandatory for gym and wellness facilities. First-timers must be present at the studio no less than 10 minutes before the beginning of the class.

 

Cancellation Fee

6.10 IMOVEAMSTERDAM may impose a no-show fee on Members should the Member book a class and not be present without canceling it 12 (twelve) hours prior. IMOVEAMSTERDAM will initially issue a warning email, followed by a Direct Debit from the Member’s bank account.

6.11 IMOVEAMSTERDAM is entitled to adjust the training schedule and/or training locations at any time without stating reasons. The latest schedules and locations are always valid and available on the Website.

6.12 IMOVEAMSTERDAM has the right to cancel a Class if there is insufficient interest until the start of a Class. In that case, a Credit charged to the Participant will be credited.

6.13 Extraordinary circumstances always constitute force majeure for IMOVEAMSTERDAM and release IMOVEAMSTERDAM from its obligations. In the event of continuing force majeure, IMOVEAMSTERDAM is released from its obligation to fulfill the agreement.

6.14 If a Participant causes such inconvenience or nuisance that the proper execution of a Class is hindered, IMOVEAMSTERDAM may exclude them from the Class. All resulting costs will be borne by the Participant.

6.15 IMOVEAMSTERDAM wants to accommodate everyone. If a Participant cancels late twice (or more) within two weeks, IMOVEAMSTERDAM may apply the measure that online scheduling will not be possible for two (2) weeks, and all appointments in the agenda will be removed.

6.16  If a Participant has reserved a spot on the waitlist, they will receive an email if no spot becomes available half an hour (30 minutes) before the start of the Class. If a Participant has not received an email and does not show up, the Class will be forfeited, and one (1) Credit will be charged.

 

ARTICLE 7 – CREDITS & MEMBERSHIP

7.1 Details regarding the number of Classes permitted during the Term are provided for each bundle of Credits. Any unused Classes during the Term will automatically expire.

7.2 Each Credit allows the participant to partake in a single Class.

7.3 The Member may temporarily freeze the active series for a maximum of 4 (four) one-week periods within 1 year/52 weeks due to valid reasons (e.g., holidays). Booking workouts during a suspension is not possible.

7.4 The Member acknowledges the commencement of the membership for the agreed term, as mentioned on the website and the Application, starting from the date of the first purchase of the first period (4 weeks or 1 calendar month, depending on the membership) of the membership.

7.5 IMOVEAMSTERDAM offers multiple types of Memberships: see the website for the current overview

7.6 Prices as stated on the website are inclusive of VAT. IMOVEAMSTERDAM retains the right to adjust its rates in response to alterations in the VAT amount.

7.7 Membership 1-year commitment. The Member cannot cancel within this year. After the first year, automatic renewal monthly. The Member can cancel at any time after the first year with a 4-week notice period. The notice period commences after the next 4-week period.

7.8 The Member is obliged to settle any outstanding payments before the termination date. Failure to comply will result in two (2) written warnings sent to the Member, followed by engaging an external collection agency to recover the outstanding payments. IMOVEAMSTERDAM reserves the right to deny access to its facilities and/or suspend the membership for non-compliance until all outstanding payments are settled.

7.9 The membership is strictly personal and transferable only with IMOVEAMSTERDAM’s permission. The Member seeking transfer must submit a written request to IMOVEAMSTERDAM via the official email address: info@ImoveAmsterdam.com.

7.10 IMOVEAMSTERDAM reserves the right to request Members for identification at any point while on the premises. Membership fees

7.11  The membership fee is to be settled by the Member through SEPA Direct Debit, a valid Credit Card, or via a pay-link sent to the Member’s email address, for the entire 4-week or monthly term of the membership in advance, on a 4-weekly/monthly basis, or for the initial or remaining term of the contract (or an extension thereof), as required.

7.12 IMOVEAMSTERDAM retains the right to collect overdue payments.

7.13  In the event of a rejected SEPA Direct Debit or Credit Card payment, IMOVEAMSTERDAM will automatically issue a written reminder to the Member, requesting prompt settlement of the outstanding payment. Failure to complete the payment will result in two (2) official written warnings to the Member, followed by involving an external collection agency to recover the outstanding payment.

7.14  Should IMOVEAMSTERDAM resort to engaging a collection agency to recover payment from the Member, the Member will be responsible for covering administrative charges and any extrajudicial collection costs as per the collection cost scale. The Member shall not be allowed to use the services and facilities provided by IMOVEAMSTERDAM until the overdue debt is settled in accordance with arrangements made with the collection agency.

 

Termination

7.15  Termination of a membership is permissible with a 4-week notice at the end of the commitment period. The 4-week notice period commences after the last payment term. The membership must remain active during the 4-week cancellation period.

7.16 Cancellation requests must be made in writing, sent as a request to the official email address of IMOVEAMSTERDAM, namely info@ImoveAmsterdam.com, and confirmed by the Member after receiving the formal end date of the membership as stated by IMOVEAMSTERDAM, in accordance with Article 6.1 of these terms and conditions. Verbal termination requests made at the reception or through phone communication with the front desk staff will be considered invalid.

 

Membership Freeze

7.19 Applicable only to the Membership with 1-year commitments. The Member is permitted to temporarily freeze the membership for up to two (2) periods, each no less than 2 weeks long, within 1 year/52 weeks. During the freeze, booking classes or participating in events is not possible. Requests for membership freeze should be directed to info@ImoveAmsterdam.com.

 

ARTICLE 8 – TERMINATION OF PARTICIPANT AGREEMENT

8.1 The participant possesses the right to terminate the Participant Agreement by providing written notice, observing a notice period of one (1) month. Upon receipt of the participant’s written termination, IMOVEAMSTERDAM will send a confirmation to the participant within fourteen (14) days. If the participant does not receive this confirmation within a reasonable timeframe, they must promptly contact IMOVEAMSTERDAM; otherwise, IMOVEAMSTERDAM will assume that the written termination has not been submitted or was not timely.

8.2 The participant can always delete their account through the Website or Mobile App.

8.3 In cases of prolonged illness, injury, and/or pregnancy of the participant, the Participant Agreement can be temporarily suspended or terminated after consultation and submission of a written medical certificate.

8.4 IMOVEAMSTERDAM reserves the right to terminate the Participant Agreement with immediate effect if:

– The participant engages in unacceptable behavior, as judged by IMOVEAMSTERDAM.

– The participant consistently violates IMOVEAMSTERDAM’s rules.

– A third party utilizes the participant’s participant card due to negligence or with the participant’s knowledge.

 

8.5 In instances where national restrictions or special government measures prohibit the operation of gyms and IMOVEAMSTERDAM, a collective suspension on all active memberships may be imposed for an indefinite duration or until the national restrictions or government measures are altered, and regular services can resume. The specifics, extent, and duration of the special collective membership suspension are at the sole discretion of IMOVEAMSTERDAM. In such a circumstance, members will receive a digital notice via email from IMOVEAMSTERDAM providing information about the event, expected duration, and any other pertinent details. In the case of a special collective membership suspension, the term referred to in article 7.1 will be increased as communicated by IMOVEAMSTERDAM in this.

8.6  In cases where national restrictions or special government measures limit, but do not prohibit, the operation of gyms and allowing IMOVEAMSTERDAM to provide (limited) services, IMOVEAMSTERDAM reserves the right to maintain active memberships in line with the regulations outlined in these terms and conditions. Members may submit a personal written request for temporary suspension in accordance with the procedures stated in Article 7 of these terms and conditions.

8.7  Memberships can never be suspended retroactively.

8.8 The Member’s payment obligation will be postponed to the actual term of the suspension. The termination date of the membership contract will be extended by the duration of the actual suspension. This also applies in extraordinary circumstances, such as national restrictions or emergency government measures.

 

ARTICLE 9 – RISK AND LIABILITY

9.1  The utilization of IMOVEAMSTERDAM’s facilities for activities such as strength, flexibility, and conditioning training, and/or participating in any class, training program, or similar activities at IMOVEAMSTERDAM, is entirely at the participant’s own risk and responsibility.

9.2  The participant is obligated to inform IMOVEAMSTERDAM, both before, during, and after any training guided by a trainer, about their physical condition, such as injuries, illnesses, and/or other physical conditions, and provide information that the participant reasonably understands is necessary for engaging in exercises. The participant is solely responsible for providing this information.

9.3  Both IMOVEAMSTERDAM and its employees are not liable for any material and/or immaterial damage resulting from an accident or injuries of the participant and/or third parties.

9.4 IMOVEAMSTERDAM and its employees do not accept liability for damage, loss, or theft of the participant’s or third party’s property.

9.5 The participant is liable for any damage caused to IMOVEAMSTERDAM’s property, provided such damage results from negligence and/or fault of the participant.

9.6 The exclusions and limitations of liability as stated in this article also apply for the benefit of IMOVEAMSTERDAM’s subordinates and any other individuals whose assistance IMOVEAMSTERDAM utilizes in the execution of the Participant Agreement.

 

Valuables and Personal Property

9.7  Clients acknowledge the recommendation to refrain from bringing valuables into the Facilities, and IMOVEAMSTERDAM shall not be held liable for the loss of, theft of, or damage to personal property, including items left in lockers, bathrooms, studios, or elsewhere in the Facilities. Clients acknowledge that no portion of any fees paid by them is in consideration for the safeguarding of valuables.

 

ARTICLE 10 – PERSONAL DATA AND PRIVACY POLICY

10.1  Each participant is aware that they provide certain personal data to IMOVEAMSTERDAM, such as name, age, address, and email address. The personal data of the participants are strictly confidential and used solely for administrative purposes of IMOVEAMSTERDAM.

10.2  By agreeing to these Participant Terms and Conditions, the participant grants IMOVEAMSTERDAM permission to process their personal data for commercial purposes of IMOVEAMSTERDAM. Any processing of personal data by IMOVEAMSTERDAM is conducted in accordance with the Personal Data Protection Act (Wbp). IMOVEAMSTERDAM will delete all participant data upon the participant’s written request.

10.3 IMOVEAMSTERDAM may capture photos or videos of the classes or other spaces in the studio for use on social media or IMOVEAMSTERDAM’s website. The participant is aware of this and grants info@ImoveAmsterdam.com their permission for this.

10.4 By agreeing to these Participant Terms and Conditions, the participant unambiguously gives IMOVEAMSTERDAM permission to send offers to the participant via email and other means.

 

 

ARTICLE 11 – COMPLAINTS

11.1  A participant must report a complaint regarding any performance of IMOVEAMSTERDAM as soon as possible after the defect or damage has been observed, and no later than fourteen (14) days after the participant has observed the defects or damage. The complaint is submitted by telephone or email to IMOVEAMSTERDAM via info@ImoveAmsterdam.com, stating the location and a description of the complaint.

11.2  The complaint must be complete, clearly described, and accompanied by any evidence.

11.3  IMOVEAMSTERDAM will respond to the complaint submitted by the participant as soon as possible, but no later than four (4) weeks from the date of receipt. If IMOVEAMSTERDAM expects to need more time to process the complaint, it will immediately notify the participant of this by email after such discovery.

11.4  If the complaint cannot be resolved through mutual agreement, a dispute as referred to in Article 13 (4) of these Participant Terms and Conditions arises.

 

ARTICLE 12 – WEBSITE AND MOBILE APP

12.1 The information provided on the website is intended solely for general informational purposes. Due to external circumstances, there may be delays, defects, and/or other imperfections in the provided information.

12.2  Although IMOVEAMSTERDAM exercises the utmost care in the composition and maintenance of its website, IMOVEAMSTERDAM cannot guarantee that the provided information is complete, up-to-date, and/or accurate. Therefore, the Participant hereby unconditionally and irrevocably waives their right to compensation for any direct or indirect damage that has arisen, arises, or will arise from the use of the personal data unless there is intent or gross negligence on the part of IMOVEAMSTERDAM.

12.3 The websites of third parties to which (hyper)links are included on the website are not controlled, created, and/or maintained by IMOVEAMSTERDAM. Therefore, IMOVEAMSTERDAM accepts no liability for the content of these linked websites.

12.4 The website and its content are protected by copyright, trademark, and other intellectual property rights. Nothing from this website or its content may be reproduced, stored in an automated data file, or made public in any form or manner, either electronically or mechanically, through photocopies, recordings, or any other means, without prior permission from IMOVEAMSTERDAM.

 

ARTICLE 13 – APPLICABLE LAW AND COMPETENT COURT

13.1 These Participant Terms and Conditions are effective from July 1, 2020, and may be changed or updated.

13.2 Deviations from these Participant Terms and Conditions are only valid if confirmed in writing by IMOVEAMSTERDAM.

13.3 In the event that any provision in these Participant Terms and Conditions is declared void or is nullified, this shall not affect the validity of the remaining provisions. IMOVEAMSTERDAM and the Participant shall then enter into consultations to agree on new provisions to replace the void or nullified provisions, while preserving the purpose and scope of the original provision as much as possible.

13.4  Any legal relationship with IMOVEAMSTERDAM is governed by Dutch law. All disputes between the Participant and IMOVEAMSTERDAM arising from or in connection with the Agreement shall be exclusively settled by the competent court in the district of Amsterdam.

 

ARTICLE 14 – REQUIRED EQUIPMENT AND ATTIRE

14.1  Participant safety and physical well-being are of primary importance to IMOVEAMSTERDAM. In order to participate in certain classes, it is mandatory for all members to use specific equipment, such as grip socks. IMOVEAMSTERDAM reserves the right to refuse entry into the class if a member chooses not to wear the required attire. The member will not be refunded for the class in such circumstances. Specifically, grip socks are required for safety & hygiene reasons. Please bring your own or buy them at our front desk. Bare feet or shoes are not allowed in the case of a class with machines, such as reformers.

14.2  For gym usage, users are not allowed to enter bare feet. For hygiene matters, IMOVEAMSTERDAM encourages all users to use towels and hygiene sprays. Both are provided by IMOVEAMSTERDAM

14.3 In the wellness area attire and behavior rules will be provided locally.