Article 1 Applicability
1.1
These general terms and conditions apply to all offers made by Fitness & Health Club Delft and to all agreements it concludes.
1.2
The other party of Fitness & Health Club Delft is referred to as the course participant.
1.3
In case of conflict between the content of the agreement concluded between Fitness & Health Club Delft and the course participant and these general terms and conditions, the provisions of the agreement shall prevail.

Article 2 Agreement
2.1
The agreement is established by signing the registration form.
2.2
If the student is a minor, the registration form must be signed by his/her legal representative.
2.3
The agreement is strictly personal and therefore not transferable to third parties.

Article 3 Duration and termination
3.1
The agreement is entered into for the duration of 6, 12 or 24 months.
3.2
Termination is possible subject to one calendar month’s notice before the end of the agreement. Interim termination is not possible.
3.3
If no notice of termination has been given, the agreement will continue indefinitely.
3.4
Agreements continued for an indefinite period of time may be terminated at any time subject to one calendar month’s notice.
3.5
Termination takes place by signing the termination form available at the reception of Fitness & Health Club Delft or by registered letter. Termination by phone or e-mail is not possible.
3.6
If the student is a minor, the cancellation must be made by his/her legal representative.

Article 4 Price and price change
4.1
Membership fees are agreed in advance.
4.2
Upon registration, the student pays an administration fee and €25.00 for the TGS key. The amount for the TGS key is NOT a deposit, this key becomes your property. The administration fee will be agreed in advance.
4.3
In case of loss or theft of the TGS key, the student should purchase a new TGS key. Its cost is €25.00.
4.4
Fitness & Health Club Delft has the right to change the membership fee. A price change will be communicated by Fitness & Health Club Delft to its course participants two weeks in advance. The student has the right to dissolve the agreement within four weeks of its announcement.
4.5
If the price change referred to in paragraph 4 takes place on the basis of the price index figure for family consumption or arises from the law, such as price changes relating to VAT, the course participant does not have the opportunity to dissolve the agreement, unless the price change takes place within three months of the conclusion of the agreement.

Article 5 Obligations of the student
5.1
The course participant must immediately inform Fitness & Health Club Delft of any changes in their postal address, e-mail address, bank account number or telephone number.
5.2
The student shall comply with the instructions given by Fitness & Health Club Delft and follow the instructions of the staff appointed by Fitness & Health Club Delft. Failure by the student to comply with this obligation gives Fitness & Health Club Delft the right to dissolve the agreement with immediate effect.

Article 6 Payment
6.1
By signing the registration form, you consent to direct debit of membership fees.
6.2
Membership fees are payable in advance and are collected by direct debit around the 26th of the current month. If this collection cannot be executed, the member will receive a written reminder. It is then collected again around the 15th of the following month. If the membership fee cannot be collected again around the 15th, the member will receive a written
reminder and the membership fee will be increased by €5.00 administrative costs. The member will then be given 10 days to still pay the outstanding item(s) including the administration fee. This can be done by cash or pin payment at the reception of Fitness & Health Club Delft.
6.3
If the membership fee has not been collected on the last day of the current month, the member will owe interest to Fitness & Health Club Delft. The interest rate is 12% per annum. When calculating interest, part of a month is considered a full month.
6.4
If the member fails to meet their payment obligations, Fitness & Health Club Delft is authorised to hand over the claim for collection to its collection partner. All associated costs shall be recovered from the member with a minimum of 15% on the total amount to be claimed.
6.5
If the member fails to meet his payment obligations, the entire amount owed by the member to Fitness & Health Club Delft, both the overdue monthly instalment(s) and the monthly instalment(s) owed up to and including the end of the term of the agreement, will become immediately due and payable at once. Fitness & Health Club Delft has the right to collect the total amount by direct debit.
6.6
Fitness & Health Club Delft has the right to refuse the member access and to dissolve the agreement in case of late payment.
6.7
If the member does not use the fitness activities offered or is physically unable to do so, the member remains liable for the membership fee. This is only different if the member can show a declaration signed by Fitness & Health Club Delft regarding the suspension of payment obligations. This declaration should be requested from Fitness & Health Club Delft by the member. Issuing the statement is at the sole discretion of Fitness & Health Club Delft.
6.8
Fitness & Health Club Delft reserves the right to change these terms and conditions, the house rules contained therein and the opening hours. This cannot lead to a refund of membership fees.

Article 7 Liability
7.1
Fitness & Health Club Delft is only liable for damage suffered by the student that is the direct and exclusive result of a failure attributable to Fitness & Health Club Delft. Fitness & Health Club Delft’s liability is limited to the amount for which Fitness & Health Club Delft can claim payment from its insurer.
7.2
Fitness & Health Club Delft is not liable for damage to or loss of property to the extent that Fitness & Health Club Delft has taken measures to prevent damage to or loss of property. Furthermore, any liability for bodily injury is excluded.
7.3
The course participant is liable to Fitness & Health Club Delft for damages resulting from an attributable failure to fulfil their obligations under the agreement and for damages that are for the account and risk of the course participant.

Article 8 Conditions of special tariffs
8.1 Student subscription
To be eligible for our discounted student subscription, students must be able to prove that they are students. The prerequisite is that the student is studying full-time at MBO or HBO level, or the student is studying full-time at university. Thus, a high school student or part-time student is not eligible for the student rate. When registering, Fitness & Health Club Delft staff will ask for a recent student ID card or proof of study registration. This should clearly show the current academic year. When the student uses the student rate and his/her studies are completed or the student stops studying, Fitness & Health Club Delft will convert the student subscription to a regular subscription. The new student pass or proof of study registration will be asked for at random in the interim but in any case at the beginning of the new academic year to check whether you are still entitled to our preferential student rate.
8.2 Senior subscription
To qualify for the advantageous senior subscription, the student must be 65 years or older. The student will have limited access to the club.

Article 9 Complaints
9.1
The course participant must notify Fitness & Health Club Delft in writing of any complaints about the implementation of the agreement as soon as possible, but no later than four weeks after the course participant discovers the defects. Failure to file a complaint on time may result in the student losing his rights in this regard.

Article 10 Applicable law and choice of forum
10.1
Dutch law shall apply.
10.2
Only the civil court with jurisdiction in Fitness & Health Club Delft’s place of business will take cognisance of disputes, unless this is contrary to mandatory law.

Article 11 House rules
The following rules apply in the sports areas, changing rooms, showers and in the sauna:
11.1
Clean sportswear, clean indoor shoes and the use of a towel is mandatory. Flip-flops and headgear are not allowed. Headgear due to a medical or religious reason is allowed, however, this must be a sports headscarf. We will refuse loose-fitting or loose-hanging headgear at all times for safety reasons
11.2
Clean cardio and fitness equipment after use. Clear away dumbbells, weights and materials after use.
11.3
The use of drink, drugs and substances designated as doping, buying or selling these and using the equipment and facilities of Fitness & Health Club Delft under their influence are not allowed.
11.4
Consumption of food is not allowed.
11.5
Shaving of body parts is not allowed.
11.6
In the sauna, wearing clothes, underwear or swimwear is not allowed. The use of a towel is compulsory. Intimacy, wanted and unwanted, is not allowed.
11.7
It is forbidden to make calls in the gym using a mobile phone.
11.8
Intimacy, wanted and unwanted, is not allowed.
11.9
Children under 15 years of age are not granted access in the sports areas.