TERMS AND CONDITIONS
General terms and conditions Fitness Center Artisport Version - July 2023
Article 1: Subscription form
- The agreed-upon subscription types within Artisport are four weeks (flex subscription) or 52 weeks.
- The cost of a basic, flex and together subscription includes the following facilities; training in the (cardio) fitness room, use of sanitary facilities, 24/7 exercise and use of sauna. An All-in subscription includes the add-ons: Egym, live classes and massage chair.
- Use of the facilities and any add-ons is strictly personal and therefore non-transferable.
- Upon subscription, a one-time payment of €20.00 is required for administration costs and purchase of a TAG. In case of a joint subscription, the co-user also buys a TAG (€5.00). In case of loss of the TAG, €5.00 will be charged.
- A family subscription requires a one-time payment of €20.00 for administrative costs and a TAG. Each family member buys a TAG (€5.00). In case of loss of the TAG, another €5.00 will be charged.
Article 2: Subscription duration and termination
- The subscription is concluded for the duration of four weeks (flex subscription) or 52 weeks, which is stated and agreed upon. This minimum subscription duration starts from the effective date of the agreement.
- The other party is entitled to terminate the subscription during the first 14 days from the effective date. Provided that the days during which use has been made of the facilities and or add-ons must be paid.
- If the membership is started earlier than the effective date of the agreement and the other party can therefore start using Artisport's facilities a few days earlier, the effective date of the agreement will shift to the actual start date.
- The subscription cannot be terminated by the member during the minimum subscription period. If the other party wishes to terminate his subscription by the end of the minimum subscription period, the provisions of Articles 2.4, 2.5 and 2.6 shall apply.
- The notice period after the agreed minimum subscription period is one payment period (four full weeks), counting from the next applicable payment date and excluding any dues arrears.
- Cancellation of a fully paid subscription by the other party must be made by filling out a cancellation form at the reception desk. The contribution due for the notice period of one full term (four full weeks) and any arrears must be paid at once in cash/pin or by one-time direct debit at the reception desk. Upon signed cancellation, the member must pay the notice period and any arrears immediately. Oral, telephone or email cancellations will not be accepted.
- Cancellation of a subscription by the other party with a direct debit must be made by completing a cancellation form at the reception desk. The contribution due for the notice period of one full term (four full weeks) and any arrears must be paid at once in cash/pin or by one-time direct debit at the reception desk, or with a signed notice of cancellation, after which Artisport will collect the contribution due for four weeks and any arrears in contribution in one time by direct debit.
- Written cancellations should always be made "by letter. Written cancellations will always be confirmed by e-mail by Artisport. If the other party has provided Artisport with an authorization for the automatic collection of subscription fees, this will be revoked after the other party has fulfilled all his obligations.
- If cancellation is not made in accordance with Articles 2.5, 2.6, and 2.7, the subscription will be automatically renewed indefinitely.
- Until the end date of the subscription, the other party may continue to use the facilities.
- Prepaid membership fees and remaining subscription fees, which relate to the period after the agreed date of cancellation, will not be refunded. Accrued training credits cannot be offset against outstanding and/or overdue subscription fees (see also article 2.9 and 3.2)
- When moving further than 15 km away from Artisport, the agreement can be terminated prematurely, subject to four weeks' notice. This is only possible upon presentation of registration with the new municipality. Any membership fees paid in advance will be refunded after a recalculation.
- If, as a result of a demonstrable injury or illness, it has become impossible for the other party to continue practicing sports, the agreement may be terminated. A doctor's statement may be requested for this purpose.
- When entering into the subscription, a minimum membership period of four (flex subscription) or 52 weeks applies. After this the other party is entitled to stop the subscription every four weeks. If the other party later decides to enter into a new period, the minimum period of four or 52 weeks again applies before the other party is entitled to the four-week cancellation period.
Article 3: Changing the Basic subscription form and Arti Add-Ons
- The subscription type cannot be changed during the minimum subscription period if otherwise determined by management.
- If chosen for the youth subscription, upon reaching the age of 17, the remaining contract period will be automatically converted to an adult membership with the applicable terms and rates.
- After the expiry of the minimum subscription period, the subscription form may be changed at the request of the other party provided a transition period of four full weeks is observed, whereby arrears in contributions are not counted and the effective date of the subscription is decisive and whereby the changed subscription cannot be terminated or cancelled during a period of four weeks after the effective date of such change.
- Artisport reserves the right to increase subscription prices on January 1 of each calendar year and will provide timely notice of such change.
- Concluded promotional prices only apply for the concluded subscription duration. After the concluded duration, the normal rates charged by Artisport automatically apply.
- Subject to the four-week notice period of the Arti add-ons, the service may be changed at the request of the other party.
- Upon discovery of misuse of the group lesson, massage chair and/or EGYM add-on, a €25.00 fine will be charged. Reservation of group lessons is mandatory as well as timely cancellation in case of inability to participate.
Article 4: Temporary termination of subscription
- In case of an injury longer than four weeks or in case of pregnancy, the other party must fill out a sick report form at the reception desk with a medical statement. After approval by the Artisport management, the subscription will be temporarily stopped.
- The minimum subscription period is automatically extended for that period equal to the duration of discontinuation.
- In the case of a subscription with direct debit, the payment obligation is suspended during the period of discontinuation. However, the payment obligation for the agreed minimum subscription period remains unchanged.
- Arrangements for temporary discontinuation of the subscription will be confirmed by Artisport management at all times.
Article 5: Subscription fees and regulations.
- The chosen subscription and amount due must be paid in advance. Payment per four weeks is possible against payment of a surcharge of €0.50 per four weeks, for this the SEPA Direct Debit form must be signed.
- If the other party has opted for payment based on direct debit, by signing the SEPA authorization form he provides Artisport with an authorization to collect the subscription fees and/or a one-time debit for consumptions, deposits or additional services or products purchased.
- If payment is made by direct debit, it will be made on a four-weekly basis. The other party must ensure an adequate balance in the bank/giro account at the time of collection. If, for any reason, the amount due cannot be collected, a first reminder note will be sent. For the second reminder note and for each subsequent reminder note €5.00 in storno or administration costs will be charged.
- For a fully paid subscription or subscription with direct debit, the first subscription period, including administration fee (€20.00), must be paid in advance. This includes our TAG. If the subscription is renewed, the amount due must be paid no later than 10 days before the start of the new period. In case of late payment, the other party will owe an administration fee. From the second and subsequent reminder(s), €5.00 will be charged.
- With the family subscription, a minimum of three people must participate in the subscription. With the family subscription, one person is the main subscription holder. Any add-ons can be added person by person, but will be charged to the main subscription holder's account at all times. The minimum age for participation within a family subscription is 12 years. From the age of 21, participation in the family subscription is no longer possible and an individual membership must be taken out.
- For youth ages 12 to 14, use of the gym is allowed only when accompanied by a parent.
- Independent use of the cardio & life fitness equipment is allowed on the first floor for youth ages 14 and up until 7 p.m. and on weekends. After 7 p.m., training is allowed only under the supervision of a parent.
- Youth ages 16 and older are permitted to train independently and participate in group classes.
- For all youth under the age of 18, parents are responsible for behavior within the fitness center at all times. They are also required to take an intake in order to maintain responsible exercise. The intake costs €20.00 and must be paid at registration. For youth up to 16 years the intake is free. In case of undesirable behavior such as group formation, noise, vandalism, dominant or sexual statements, etc., access to the fitness center may be refused. Any monies already paid will not be refunded. Any damages resulting from non-compliance with the regulations will in all cases be recovered from the other party. For all youth under 18 years of age, parents will be held responsible at all times for late payments and these will be recovered from the parents/guardian as well as any additional collection costs.
- During vacations and holidays of the other party and/or Artisport, the costs for the subscription period must also be paid. It is possible to freeze the subscription for a vacation period of at least four weeks, with a maximum of 12 weeks. Payment will be frozen during that period and the contract will be extended for the total absent period.
- If the other party fails to fulfill its payment obligation, the management has the right to deny the other party access to the fitness center until the amount due is paid.
- Pre-paid membership fees that relate to the period after the agreed upon date of cancellation will be refunded.
- If Artisport is forced to outsource her claim for collection, taking into account the notice period as mentioned in article 2, the interest of 1% per month, or the legal interest if this is higher, and the extrajudicial costs of 15% of the claim increased by the expired interest, as well as the judicial costs and the costs of enforcing a obtained legal judgement will be for the account of the customer. The subscription will be considered terminated based on that ruling.
- The other party hereby explicitly declares that he/she is aware that as long as the agreement has not been terminated in the manner prescribed in Article 2, he/she is obliged to pay the agreed upon monies to Artisport, even if, for whatever reason, he/she does not participate in the sports lessons or does not use the accommodation.
Article 6: Actions and cooling off period
- The other party has the right of withdrawal. This means that the agreed contract may be canceled within 14 days. Subject to that the other party must pay the days in which he has been a member. Any partial payment due will be offset against this.
- If you have taken advantage of one of our promotions and have not fulfilled the complete contract period due to relocation, you are not actually entitled to the promotion period and it will be settled, with duration of the promotion period, upon termination.
Article 7: Safety and liability
- The other party hereby waives all rights to bring an action for damages against Artisport for compensation of costs, damage, accident or injury incurred as a result of sports practice or use of the fitness equipment of Artisport as well as loss of clothing and/or objects.
- The other party hereby declares that exercise and use of the accommodation is at his/her sole and exclusive risk. The cost of any accident or injury shall be borne by him/her.
- Artisport is not responsible for theft and/or loss of personal property in the fitness center. Any found property can be picked up at the front desk. If in doubt, the staff member may refuse the request and ask for a receipt or title deed.
- The other party indemnifies Artisport for all claims from others for the damages and/or costs referred to in this article.
- In case of force majeure, by which is meant any circumstance beyond Artisport's control, which makes its service provision impossible, Artisport is discharged from its obligations of the concluded agreement. In the event of force majeure, the other party cannot claim compensation for damages suffered by the other party from Artisport.
Article 8: Opening hours
- The opening hours/staffing hours of Artisport are determined by the management of Artisport. Should these change, the other party will be informed in a timely manner through publication in the fitness center. During official holidays and any days to be determined, the fitness center will be unmanned, without this leading to a reduction or refund of the subscription fee. If the other party cannot agree to this, he must cancel the subscription in accordance with Article 2 of these terms and conditions, without this leading to a refund of subscription fees paid in advance / already paid.
Article 9: Order, house rules and rules of instruction
- Use of Artisport's facilities is done entirely at your own risk. Artisport accepts no liability for damages in any form whatsoever.
- By signing the contract, the other party declares to be aware of the General Conditions of Artisport. The General Conditions and contract were sent via email upon registration.
- In the event of theft or vandalism, Artisport will use its camera footage for evidence and always report it to the police.
- Abusing and/or damaging the materials and equipment on hand, offensive language, threatening, offensive or violent behavior toward staff and or members of Artisport are not permitted. Such behavior may result in suspension or termination of membership. All consequential damage to material and equipment will be recovered from the perpetrator.
- In the sports areas, you must be dressed in proper sportswear at all times.
- Men wear a shirt with sleeves while training.
- The use of a towel while exercising is mandatory.
- Phoning is prohibited in the gym and group classrooms.
- It is not permitted to use magnesium in any form during exercise.
- After using the cardio equipment, it should be cleaned again.
- Do not drop dumbells, discs, weights and dumbbells during exercise.
- Dumbells, discs and small equipment should be properly disposed of after use.
- It is not allowed to use alcohol, drugs, or in general stimulants (such as anabolic steroids). Use of such substances will result in immediate termination of the subscription, without the other party being entitled to any refund of subscription fees already paid. Per the termination date of the subscription, access to the facilities of the fitness center will also be denied.
- Any form of (sexual) harassment, aggression and/or violence in the fitness center will not be tolerated in any way.
- Group formation within Artisport is prohibited.
- Artisport determines on which days and hours sports instruction can be enjoyed and/or use can be made of the facilities and the other party must comply individually.
- The other party must adhere to the regulations, order, house rules and instructional rules established by Artisport. If these regulations are violated, Artisport is entitled to deny the other party access to the fitness center and to terminate the subscription immediately, without any reduction of subscription fees or refunds. Any damages caused by non-compliance with the regulations will in all cases be recovered from the other party.
Article 10: Change in NAW data.
- Changes in NAW data should be communicated to Artisport as soon as possible. Members' personal information is strictly confidential and used solely for Artisport administrative purposes.
Article 11: Personal Data Protection Act and AVG.
- In compliance with the Personal Data Protection Act, Artisport will handle the other party's personal data with strict confidentiality. The personal data will not be made available to third parties, unless the other party gives permission to do so and to hand over an outstanding debt for collection to the bailiff's office. We collect your health data only for security reasons and for the preparation of appropriate fitness advice. You can find this AVG statement on our website and it will be sent along with your registration. Of course, you can request this statement at Artisport reception at any time.
Article 12: Sports 24/7 during unmanned hours
- Unmanned exercise means that by means of a provided access pass/TAG one can make use of the accessible fitness rooms and equipment without an Artisport employee being present in the building, during predetermined times. Unmanned exercise at Artisport is entirely at your own risk.
- If you are exercising alone, for your own safety you should wear one of the keycords provided with an emergency button. These hang near the emergency button near the entrance. In the event of an emergency, you can press the button and the appropriate person in charge will be notified.
- During unmanned exercise at Artisport, carrying a cell phone with you is mandatory.
- With cameras, recordings are made continuously. In case of misconduct, these images are handed over to the justice department if necessary. All camera images are kept for three weeks and then overwritten.
- Unmanned sports are available for ages 17 and up.
- If payment is more than one period in arrears, access will be cancelled and you will no longer be able to play unmanned sports.
- Artisport reserves the right to withdraw access to unattended sports in the event of misconduct without refund.
- Per visit during unmanned hours, you must use your personally assigned pass or TAG to open the door.
- Bringing in members or non-members with your pass is not allowed. If you do allow (non)members inside, you will be immediately charged a €350 fine. This does not apply to any unauthorized use of your pass as a result of loss or theft, provided you have reported this to us within five days.
- Consequences of failures in/to the access system and/or fitness equipment can never be grounds for compensation in any form.
- The existing house rules and conditions remain unchanged.
- When using the emergency button and/or panic button on the keycords, the person responsible will be called to come to Artisport urgently. Misuse of this will incur a charge of €100 and the person's pass will be confiscated.
- Exercising with a towel is mandatory.
- The locker rooms cannot be used between 6:15 a.m. and 7:15 a.m. due to cleaning activities.
Article 13: Safety regulations
- By requesting and using the Artisport door access, you are aware that 24-hour (video and audio) monitoring is taking place. These recordings are kept for three weeks after which they are overwritten.
- You may not grant access to visitors during unmanned hours, nor may you grant access to members who have forgotten their Artis Sports Pass.
- All windows and doors must remain closed; opening windows and doors is not permitted.
- You must use the equipment in accordance with applicable rules and instructions. Damage to Artisport property in any form will be recovered from the persons causing such damage.
- Serious defects in materials and or equipment that prevent safe use should be reported immediately and these defective devices should then not be used to avoid injury.
- You are required to observe the safety features of the equipment. If you are unsure of how equipment should be used, you should make an appointment with one of the instructors during staffed hours so they can explain how to use the equipment safely.
- In case of an emergency, you are required to report it to the respective person in charge via the emergency button. A voice connection will then be established.
- Use of the locker rooms is at your own risk, as we are not allowed camera surveillance here and therefore cannot monitor your safety.
- You must comply with all safety notices present on the premises. In particular, you should use only equipment whose operation and safety instructions you know.
- Independent use of equipment, intended for two users for safety reasons, is not permitted.
- Members with complaints (physical and/or mental) and/or a medical history should consult their primary care physician before using our unmanned exercise service.
- Members with complaints of any kind do well to never use the unmanned exercise area alone but to do so with someone else for safety reasons.
- In life-threatening situations, such as cardiac arrest, you should first call the emergency number 112 using the phone at the front desk. You should also press the emergency button to inform the club manager. Then you take care of the victim and start giving first aid as far as you are able.
Article 14: Use of Artisport Wellness
- You can make unlimited use of our saunas if you have a subscription with us. Of course, you can also use the sauna if you have not been exercising, but just want to relax.
- Wearing swimwear is mandatory.
- Before using the sauna, you must shower.
- There is no access to the sauna during unmanned hours.
- The massage chairs can be used with the All-in subscription or purchased separately as an add-on. They may be used once per day.
- When using the massage chair, please sit in clean clothes. For reasons of hygiene, please do not sit in the chair with sweaty clothes.
- Both entering the sauna and using the massage chairs are entirely at your own risk.
Article 15: Other provisions
- All cases and/or situations not covered by the above regulations will be submitted to the Artisport management for review and decision.
- All agreements are governed by Dutch law.
- The member declares that he has read and understood the general terms and conditions, as well as that they are declared applicable in their entirety to the agreement concluded with Artisport.
Click on the link below for a PDF file of our Terms and Conditions:
Terms and Conditions Fitness Center Artisport Version JULY 2023