Article 1: General Terms and Conditions
1.1 These general terms and conditions apply to all (future) agreements under which Fit-Fight Dojo provides goods or services under any name.
1.2 If any provision of these general terms and conditions is invalid or voided, the remaining provisions shall remain in full force and effect.
1.3 Fit-Fight Dojo is entitled to amend the terms applicable to the membership. Fit-Fight Dojo will notify the member in a timely manner. Changes will take effect one calendar month after notification, unless a different statutory period is required and applied. If a member does not wish to accept an adverse change, they may terminate the membership effective from the date the new terms come into effect. The written termination must be received by Fit-Fight Dojo before the effective date of the change.
Article 2: Membership
2.1 Membership is established by registering via an enrollment form with Fit-Fight Dojo. This enrollment form will be provided by the trainers after the trial lesson.
2.2 A signature from a legal representative is required if the potential member is under 18 years of age. This representative is responsible for the compliance with the membership.
2.3 Membership commences on the day the enrollment form is signed and is only finalized upon payment of the subscription and/or associated costs.
2.4 At registration, the member, or their legal representative, must present a valid identification document to allow Fit-Fight Dojo to verify the identity.
2.5 The membership includes the service designated in the enrollment form, which involves a payment obligation and to which the general terms and conditions and the house rules apply.
2.6 Membership is for a contract term of one calendar month and cannot be canceled during this term.
2.7 Termination of the membership must be made in writing, which can be done by sending an email to info@fitkickboxing.nl. Fit-Fight Dojo will send a confirmation upon receipt.
2.8 In special circumstances, such as prolonged illness or injury, a request for leniency can be submitted via info@fitkickboxing.nl. Such a request must be adequately substantiated with evidence, such as a doctor’s certificate. Fit-Fight Dojo is entirely free to assess and reject such requests.
2.9 Membership is personal and non-transferable. A 10-lesson card is valid for 6 months and is also personal.
Article 3: Administrative Fees and Subscription Fees
3.1 Administrative fees may apply to registration, which are payable by the member.
3.2 Subscription fees must be paid in Euros via bank transfer. The initial payment will be processed via iDeal, and subsequent subscription fees will be automatically debited via SEPA direct debit.
3.3 Subscription fees must be paid in advance before the end of the month. The latest payment date is the last day of the preceding month.
3.4 If a member subscribes during a month, the subscription fee will be calculated pro rata based on the number of days in that month. In this case, payment must be made immediately via a one-time payment request, after which subscription fees will be automatically debited.
3.5 By subscribing, the member authorizes the automatic debit of any administrative fees, subscription fees, and collection costs.
3.6 Fit-Fight Dojo reserves the right to unilaterally adjust the subscription fee in the event of changes in VAT rates or tariffs. A member who does not wish to accept this change has the right to terminate the membership effective from the date the adjusted subscription fee takes effect.
Article 4: Non-Compliance and Termination
4.1 The member must ensure timely payment of the subscription and any other amounts owed to Fit-Fight Dojo.
4.2 In case of late payment, the member is in default without further notice.
4.3 If amounts cannot be debited, an administration fee of €5 per month will be charged. If payment remains overdue, a written reminder will be sent requesting payment within fourteen days. If payment is still not made, the member will owe collection costs of 15%, with a minimum of €40, and Fit-Fight Dojo will also be entitled to statutory interest.
4.4 If payment of the subscription fee remains outstanding even after reminders and demands, the remaining subscription fee for the entire contract term becomes immediately due. Fit-Fight Dojo also has the right to deny the member access to the gym until all outstanding amounts, including administrative fees, subscription fees, and collection costs, are paid in full.
4.5 Fit-Fight Dojo has the right to refer the collection of its claims against the member to a collection agency, bailiff, or lawyer, and to transfer claims to a third party, including a factoring company.
4.6 Fit-Fight Dojo has the right to terminate the membership immediately and without notice in the event of bankruptcy, (preliminary) suspension of payments, debt restructuring, guardianship, or curatorship of the member. In such cases, the remaining subscription fee for the entire contract term becomes immediately due.
Article 5: Personal Data
5.1 By registering, the member consents to Fit-Fight Dojo processing and storing their data (automatically) in Fit-Fight Dojo’s administration for the purpose of the membership.
5.2 Fit-Fight Dojo processes personal data of the member in accordance with applicable privacy laws, particularly the General Data Protection Regulation. Fit-Fight Dojo processes personal data for providing services, calculating and recording income and expenses, making payments, collecting claims, including transferring claims to third parties, internal management, maintaining contact with members, handling disputes, performing audit controls, cooperating with tax collection or enforcement, and applying legislation.
5.3 Changes to personal data of the member, such as address or bank details, must be communicated to Fit-Fight Dojo immediately in writing. Costs incurred by Fit-Fight Dojo due to failure to notify these changes will be charged to the member.
Article 6: Facilities, Class Schedules, and Opening Hours
6.1 Fit-Fight Dojo reserves the right to make changes to the services offered, class schedules, and opening hours.
6.2 Fit-Fight Dojo reserves the right to close the gym on officially recognized holidays.
6.3 Fit-Fight Dojo also reserves the right to close the gym for vacation purposes for a maximum of twenty-one days per year.
6.4 Fit-Fight Dojo further reserves the right to close the gym for up to 14 days for necessary repairs and maintenance work.
6.5 In the situations described in this article, Fit-Fight Dojo is not obligated to refund subscription fees.
6.6 After subscribing to a membership, the participant is required to purchase their own kickboxing equipment.
Article 7: House Rules
7.1 Fit-Fight Dojo has house rules that apply to every member. These house rules are provided upon registration and can also be requested at any time. House rules can be unilaterally amended by Fit-Fight Dojo. The house rules are also always available on the website www.fitkickboxing.nl.
7.2 In case of a violation of the house rules, Fit-Fight Dojo, depending on the severity of the violation and any recurrence, has the right to deny the member access to the gym for a (long-term) period or to terminate the membership immediately, without affecting the member’s obligation to continue paying the subscription fee.
7.3 It is not allowed to use tobacco products, alcohol, or drugs within Fit-Fight Dojo’s gym. Use of such substances will result in immediate termination of the membership, without affecting the member’s obligation to continue paying the subscription fee.
7.4 Fit-Fight Dojo is entitled to request identification from a member at any time to verify their membership.
Article 8: Safety, Liability, and Force Majeure
8.1 Fit-Fight Dojo is not liable for theft and/or loss of personal belongings in the gym. It is advised not to bring valuable items to the gym.
8.2 The member is aware that participating in sports involves risks. By registering, the member declares to be (fully) healthy to use Fit-Fight Dojo’s services, or to participate in activities at their own risk in other cases. The member will consult their doctor if there is any doubt about their health.
8.3 Agreements between Fit-Fight Dojo and the member, and/or any obligations arising therefrom, are only best-efforts obligations.
8.4 Third parties cannot derive any rights from (the execution of) the membership and/or its results or consequences. The member indemnifies Fit-Fight Dojo against all claims from third parties, including costs for legal assistance, related to or arising from the membership.
8.5 Accidents and/or damage and related or consequential costs and/or liabilities resulting from participating in any (sports) activity within the gym are the member’s own responsibility and risk, except in cases of intent or gross negligence by Fit-Fight Dojo.
8.6 All forms of liability of Fit-Fight Dojo towards the member or any third parties for any form of damage, whether direct or indirect, resulting from or related to (the execution of) the membership are, in any case, limited to the amount or amounts paid out under Fit-Fight Dojo’s liability insurance.
8.7 Any claim for damages by the member will in any case lapse six months after the member becomes aware, or should have been aware, of the damage that directly or indirectly results from an event or circumstance for which Fit-Fight Dojo is, or could be, liable.
8.8 In the event of force majeure or external hindering circumstances not attributable to its fault, Fit-Fight Dojo is not obligated to fulfill any obligations.
Article 9: Final Provisions
9.1 This agreement is governed by Dutch law.
9.2 Fit-Fight Dojo is registered with the Chamber of Commerce in Enschede under number 66914132.