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General terms and conditions ROOTS Premium Gym

ROOTS Premium Gym hereinafter referred to as ROOTS is located at tractieweg 206, 3534 AP in Utrecht and registered in the trade register of the Chamber of Commerce in Utrecht under number 55159281.

 

Article 1 – Definitions

  • The organization: ROOTS (ROOTS Premium Gym).

  • Participant: The person who registers for the Activity, Route and/or PT.

  • Instructor: Instructor on behalf of ROOTS Premium Gym

  • Activities: All training forms offered by ROOTS (PowerFit, UltimateFit, Calisthenics, BarbellFit, Olympic weightlifting, Outdoor-PowerFit, Bootcamp and free training)

  • PT: Personal Training

  • Ride card: Stripper card of 10, 20 or 30x

  • Subscription: A monthly ongoing agreement, entered into for a minimum period of one year or month, varying from 1x per week to unlimited participation in activities in off-peak and/or full hours, indoors and/or outdoors.

  • PT Package: Agreed training rate per training

  • Routes: Predefined routes such as Be Your Best

  • Contract: Agreement between ROOTS and participant

 

Article 2 – Applicability of the General Terms and Conditions

  • These General Terms and Conditions apply to any legal relationship between a consumer (a participant) who participates in an Activity or PT offered by ROOTS and ROOTS.

  • Activity includes all types of group lessons offered by ROOTS.

  • PT includes all types of training in which the participant is personally guided in achieving her/or his goals.

  • These General Terms and Conditions apply to every ride card, subscription or payment arrangement that entitles a Participant to participate in an Activity.

  • By registering via the ROOTS website and/or app intended for that purpose, the Participant agrees to these ROOTS General Terms and Conditions.

  • These General Terms and Conditions are not applicable in whole or in part only if deviated from in writing.

  • ROOTS may change these Terms and Conditions from time to time. The latest version is always the current version and is always available on the ROOTS website. A copy of the Terms and Conditions will be provided upon request.

 

Article 3 – Agreement

  • An agreement between ROOTS and a Participant is created by an agreement between both parties, which agreement must be apparent from the (online) registration of a Participant.

  • For ROOTS obligations arise from an agreement after a Participant has fulfilled all his obligations, including payment.

  • Changes to an agreement once concluded are only possible with the written permission of ROOTS. Changing an agreement may entail costs for a Participant.

  • An agreement between ROOTS and a Participant consists of a separate package, ride card, subscription, PT package or Route participation.

 

Article 4 – Subscriptions, bustickets and PT Packages

  • A Strippenkaart and Subscription are personal and non-transferable unless approved in writing by ROOTS

  • The Strippenkaart has a certain period of validity. The individual validity is stated in the participant's online account, on the general website and when purchasing it and on the BGF website. If the Strippenkaart has expired or the purchased credit has been used up, the participant can no longer register for the activities.

  • A Subscription is for an indefinite period of time and is automatically renewed monthly. Before termination, the Participant must notify ROOTS in writing. After notification in writing of termination, the subscription will continue for another month.

  • In the event of premature termination of a subscription with an even longer contract term, the duration of the contract must first have expired before the monthly payment will end.

  • The PT Package is agreed verbally and/or in writing between the Participant and ROOTS. The Participant hereby agrees to make the payment within the time obtained via the appropriate invoice.

  • Participant will agree to the terms and conditions by activating an account in the ROOTS app/software.

  • In the event of serious injuries, long-term illness, pregnancy or a long-term stay abroad, the validity of a Strippenkaart, Subscription can be frozen. ROOTS has the right to demand proof of this before a request for freezing is granted.

  • ROOTS is authorized to annually revise the level of the subscriptions/ride cards/PT Packages/Trajectories and to rescale them to current market comfort.

  • ROOTS is obliged to increase a current contract for a minimum of two (2) months before notifying the participant of the increase.

 

Article 5 – Payments, Invoicing and Mandate

  • A strippenkaart must be paid in advance via Ideal or invoice.

  • Subscriptions run via an automatic monthly authorization where the first payment is calculated pro rata. The Participant agrees to this via the appropriate SEPA form that must be completed when taking out. Payment is made around the first of the month, per monthly prepayment. The participant is therefore entitled to participate in the activities that fall within the package in the prepaid period.

  • The Participant must make the first payment via Ideal or direct debit, from this date the Subscription will continue and be debited monthly.

  • If it is not possible to debit the desired amount from the account of the Participant, ROOTS will charge administration costs for this at the next attempt.

  • PT and other processes run via invoicing, the Participant receives the invoice for the personal training courses taken over the agreed period. The invoice must be paid on time.

  • When paying by invoice, you can choose to pay in installments, if this is chosen the full package must be paid before it expires.

  • In the event of late payment, the agreement can be dissolved by ROOTS and collection and other costs will be for the account of the Participant.

  • From the 4th day of delay up to and including the 8th day, the increase increases by 5% per day, and then by 1% per day. After 34 days the maximum of 50% is reached. art. 7:625 CC.

 

Article 6 – Participation in Activities and PT

  • A Participant must register prior to an Activity via the designated online registration system. Without registration, a Participant is not entitled to participate in an Activity.

  • A Participant can unsubscribe free of charge up to four (4) hours before the start of an Activity. If the activity is not canceled in time, the credit used will be charged. When deregistering before the deadline of four (4) hours, the credit will be returned.

  • When participating in PT, an appointment is made for the next time after each training session. A free cancellation period of twelve (12) hours before the start of the PT applies for this.

  • ROOTS is entitled to adjust the training schedule and/or the training locations in the interim without stating reasons. The latest schedules and locations are always the current ones and are always available on the ROOTS website and in the registration system intended for that purpose.

  • ROOTS has the right to cancel a regular training or training course in the event of insufficient interest until the time of commencement. In that case, credits charged will be credited.

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

  • In dangerous weather conditions, including thunderstorms, storms, extreme heat, snow or sleet, a training may be canceled. ROOTS is not liable for the failure of an Activity due to hazardous weather conditions.

  • If any materials or facilities that ROOTS Offers are misused during or in connection with the Activity. Any damage to property, caused intentionally or through demonstrable fault, must be fully compensated by the relevant Participant.

  • If a Participant causes such nuisance or inconvenience that the proper execution of an Activity is thereby made more difficult, ROOTS may exclude him from the Activity. All ensuing costs will be borne by the Participant.

 

Article 7 – Liability

  • Participation in an Activity is at your own risk.

  • ROOTS, its employees and trainers are not liable for personal injury or damage to property of a Participant in an Activity.

  • ROOTS is also not liable for possible damage caused by other services or advice from ROOTS, its employees and trainers.

  • ROOTS is not liable for any injury or other damage that a Participant may incur during, or as a result of, an Activity. Advice is always without obligation and is followed at your own risk.

  • ROOTS is not liable for damage to and/or loss of personal property for whatever reason, arising during or in connection with an Activity.

  • ROOTS is not insured for damage caused by a Participant. A Participant, contract partner or other party declares that it is insured for damage suffered as a result of participation in an Activity.

  • The Participant hereby unconditionally and irrevocably waives its right to compensation for any direct or indirect damage (whether from contract or tort) that has arisen, arises or will arise in connection with participation in an Activity.

 

Article 8 – Health

  • An Activity is intensive and prone to injury. A Participant must assess for himself whether he/she is suitable for participation in an Activity.

  • If a Participant has health problems, or if a Participant has any other reason to doubt participation, a Participant should seek advice from a doctor.

  • ROOTS reserves the right, in its sole discretion, to exclude ineligible participants from participating in an Activity.

 

Article 9 – Dissolution and Cancellation

  • ROOTS is entitled to immediately deny participation in whole or in part without any obligation to pay compensation if the participant does not, or only partially, fulfills its obligations under these General Terms and Conditions.

  • Cancellation by the Participant for (part of) the training is only possible by submitting a written statement from his/her doctor. The training will be resumed on a date to be agreed upon, provided it falls within 5 months from the date of the doctor's statement. The invoiced or authorized amount cannot be reclaimed unless there are long-term conditions or limitations that prevent successful completion of the training courses in a reasonable manner.

 

Article 10 – Website and Privacy

  • ROOTS respects the privacy of its Participant and ensures that the personal and/or confidential information provided and/or obtained (the Data) is treated confidentially.

  • ROOTS only uses the Data to execute the agreement with a Participant as quickly and effectively as possible. For the rest, ROOTS will only use this data with the prior consent of the Participant.

  • ROOTS will not sell the Data to third parties and will only make it available to third parties that are involved in executing the agreement.

  • The employees of ROOTS and third parties engaged by it are obliged to respect the personality and/or confidentiality of the Data.

  • The Participant gives ROOTS permission to use photographic and other recordings of groups and/or individuals, unless objected to in writing, for publication of editorial or promotional purposes.

  • The websites of third parties to which hyperlinks are included on the website www.rootspremiumgym.com are not controlled, created and/or maintained by ROOTS. ROOTS therefore accepts no liability whatsoever for the content of these linked websites.

  • The www.rootspremiumgym.com website and its contents are protected by copyright, trademark law and other intellectual property rights. No part of this website or its contents may be reproduced, stored in a retrieval system, or made public in any form or by any means, electronic or mechanical, by photocopying, recording or in any other way, without the prior permission of ROOTS.

 

 

 

 

Article 11 – Applicable law 

  • These General Terms and Conditions can only be deviated from if confirmed in writing by BGF.

  • Dutch law applies to this agreement.

  • Disputes arising from this agreement that cannot be resolved by mutual agreement will be submitted to the competent court in Utrecht.

 

By registering you agree to the above conditions.