TA Fitness B.V. Terms and Conditions

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TA Fitness B.V.
Terms and Conditions

Article 1 General Provisions

1.1 The present Terms and Conditions contained in this document apply to all services provided by
TA Fitness B.V. or Next Level AMS © (hereinafter referred to as “TAF”), a company incorporated
under Dutch law, with Kvk Number: 73351873, providing Fitness Group Classes and Personal
Training services to private individuals and companies interested in building, maintaining,
improving or regaining their physical strength, condition, ideal weight or simply creating a healthy
and dynamic lifestyle, adapted to their own or their employees’ specific needs and goals.
1.2 Any derogation from the present Terms and Conditions must be agreed upon and drawn up in
writing between TAF and the Client(s).
1.3 TAF reserves the right to change, amend and update the present Terms and Conditions without
any prior notice.
1.4 Any and all changes to the present Terms and Conditions will be published on
https://nextlevelams.nl/terms-and-conditions/ and a link to the updated Terms and Conditions
will be communicated to the interested parties as soon as possible.

Article 2. Definitions

The following definitions will be used in the course of the present Terms and Conditions:
a) TAF: the owner of the present Terms and Conditions, Tal Assa Fitness, a company incorporated
under Dutch law under KvK number: 73351873 and its contractual collaborators and employees.
b) Client: any natural and/or legal person who makes use of the services of Tal Assa;
c) Services: Fitness Group Classes, PT (hereinafter referred to as “PT”), gym training, as well as any
and all related services and workshops offered by TAF;
d) Business Day: any day except any Saturday, any Sunday as well as any day of the week which is
a national legal holiday in the Netherlands or any day on which banking institutions in the
Netherlands are authorized or required by law or other governmental action to close.
e) Fitness Studio: the fitness and gym area located on Eleanor Rooseveltlaan 108, 1183CL
Amstelveen or Biesbosch 225, 1181 JC, Amstelveen;
f) TAF website: http://www.nextlevelams.nl
g) Location: the Fitness Studio or the location(s) chosen by the Client(s) in consultation with TAF
for the delivery of services provided by TAF or any other location where TAF may choose to
provide services;
h) Fees: any and all payments due for services rendered by TAF for its Clients.

Article 3 Cooling-off period

3.1 For all the TAF Memberships a cooling-off period of 14 calendar days applies, calculated from
the date the Client purchased a TAF Membership for one of the TAF services via the TAF website or
over the phone.
3.2 The Fees requested by Clients under this Article shall be refunded by TAF to the Client’s bank
account within fourteen (14) calendar days from the date the refund request was filed and
approved.

Article 4 Services

4.1 TAF offers Group Classes and PT Sessions to private individuals and company employees.
4.2 For the provision of its services, TAF employs highly qualified, experienced, motivated and
inspirational trainers, who believe in the principles of a balanced and active life put forward by
TAF.
4.3 All individuals who wish to apply for any of the services provided by TAF must be at least
sixteen (16) years of age. Persons younger than sixteen (16) may apply for the services of TAF
upon providing a written permission signed by their legal guardian(s).
4.4 These services shall be provided only at the Fitness Studio, unless agreed upon otherwise with
the client.
4.5 For locations other than mentioned at article 4.4 an extra fee will be applied.
4.6 The personal training hours of TAF are between 07:00 and 22:00, where 07:00 is the time the
first class begins and 21:00 the time where the last class finishes.
4.7 Any derogation from the hours mentioned in paragraph 4.6 shall be set in consultation between
TAF and the Client(s).
4.8 TAF must ensure the delivery of the Services as they were offered to and contracted by the
Client, at the time(s) and location stipulated.
4.9 TAF reserves the right to terminate a service with a fourteen (14) calendar days notice to the
Client and a refund of the amount paid by the Client in advance, either in full or calculated pro rata
in the case of the Stripe Card and Bundle Memberships and Monthly Memberships.
4.10 Should a Trainer become unavailable, TAF shall provide the Client(s) with an alternative
Trainer until the original Trainer becomes available again.
4.11 In order to increase the efficiency of the training and to add increased variety to the exercise,
TAF provides its Clients with the opportunity to experience the styles and expertise of different
trainers as part of their training regime at TAF.
4.12 TAF may from time to time and subject to Client’s approval, make suggestions for changing the
Client’s Fitness Schedule so as to improve its efficacy and/or stay in tune with the Client’s ongoing
goals.

Article 5 Categories of Memberships

5.1 The memberships to the services offered by TAF are strictly personal and non-transferrable.
5.2 The Fitness Group Classes can be purchased as:
a. Monthly Membership giving access to 1 or 2 or 3 or unlimited classes per week for a minimum
fixed term one (1) calendar month; or
b. Stripe Card of either eight (8) or ten (10) classes to any of the Group Classes offered by TAF with
validity up to 3 months of use; and
c. Single Day Entry to use for one group class and the use of personal fitness area during one
business day.
5.3 The PT Sessions can be purchased as:
a. Single Session Membership of thirty (30), forty-five(45) or sixty(60) minutes;
b. PT Bundle Membership of ten (10) or twenty (20) Sessions; or
c. Monthly Memberships including, four (4), eight (8) or twelve (12) PT Sessions of sixty (60)
minutes to be consumed in a term of maximum 4 weeks for a minimum fixed term of three (3) months and up to two (2) years.
5.4 The full description of the Services provided by TAF and the way they are structured and
packaged, as well as the specific conditions that apply to them and to any and all add-on services
and special offers is published and maintained on the TAF website: www.nextlevelams.nl.

Article 6 House Rules and Prohibited Behavior

6.1 While using the Fitness Studio, clients must:
a. Wear fitness outfits that allow for the free movement of the body as well as sports shoes;
b. Wear protective equipment if advised to do so by their TAF Personal Trainer, Coach or Group
Trainer;
c. Change their outdoor shoes with indoor ones;
d. Make use of a towel whenever using an accessory or equipment;
e. Wipe off any sweat from equipment and/or accessory they’ve used and sanitize it with the
provided cleaner;
f. Make sure the lockers they used are unlocked before leaving the studio;
g. Refrain from chewing gum inside the fitness studio and during the work-outs;
h. Make sure to book into a class at least 30 minutes before the class begins;
i. Set an appointment before coming to the fitness studio either for a consultation or to make use
the personal fitness area;
j. Bring their own water bottle – we do not use cups or glasses;
k. Only change clothes in the designated changing room area;
l. Bags and other personal belongings are not allowed in the work-out fitness studio area;
m. Store their personal items in the lockers located in the changing rooms;
n. Be kind to your surrounding, always shower and make use of an antiperspirant before coming to
the fitness studio;
o. If your shoes are dirty, kindly take them off before entering the fitness studio;
p. Refrain from throwing weights on the floor and also take all measures to avoid having bumper
plates drop on the floor at all times;
r. Refrain from smoking on the premises of TAF;
s. Ensure they are alcohol and drug-free during the training at TAF and be aware that the carrying
and use of illegal substances is strictly forbidden on the premises of TAF;
t. Always consult their family doctor and/or other applicable specialists under whose care they are
before working out or signing up for any of the TAF services;

u. Be aware that acting irresponsibly or violently with the equipment and location amenities or
creating a disturbance to other clients or the TAF staff is strictly prohibited and will result in the
immediate cancelation of membership by TAF, alongside an immediately enforceable and payable
claim for the damages produced.
6.2 In order to make use of the TAF Classes and Sessions, all Clients must pay the fees due timely
and in their entirety.
6.3 The Client must timely inform TAF of any changes in their health that are or might be relevant
to their training schedule(s).
6.4 Always use our app to be informed of any last minute changes with the group classes and to
sign up to class before coming over to the fitness studio.

Article 7 Fees and Payment

7.1 The fees applicable to all the packages are published and maintained on the TAF website:
http://www.nextlevelams.nl.
7.2 In case of any discrepancies in the prices quoted by email or phone to clients and those
published on the TAF website, the latter prevail, with the exception of personal discounts and/or
tailored offers made by TAF to those respective Client(s).
7.3 Payment of the TAF services can be made via the TAF app, the TAF website, by direct bank
transfer (see http://www.nextlevelams.nl for current details) or in person at the Fitness Studio.
7.4 To ensure the timely booking of the necessary schedule time slot(s), the Fitness Group Lessons
must be paid for in full no later than two (2) hours prior to the date of the respective Group
Class.
7.5 To ensure the timely booking of the necessary schedule time slot(s), the PT Sessions must be
paid in full for no later than twenty-four (24) hours prior to the date of the respective PT
Session.
7.6 When making a bank transfer to pay for a TAF Service, Clients must take into account the rules
of their respective bank on the duration of a money transfer, so that the payment will be visible in
the TAF account at least two (2) or twenty-four (24) hours prior to the Class or Session booked, as
applicable.
7.7 Clients must pay for the Fitness Group Classes and the PT Sessions in full before making a firm
booking for the first Group Lesson or PT Session, with the exception of the Free Trial Class and the
Free Intake Session.
7.8 If a Client chooses to pay the Membership Fee by monthly direct debit, the payment must be
scheduled for the last Business Day of each month.
7.9 Any and all expenses incurred as a result of an incomplete application for the monthly direct
debit by a Client shall be charged to that respective Client and the statutory interest rate will be
applied by TAF on the owed amount, in accordance with the applicable legal provisions.
7.10 When the fixed-term Monthly Membership of either a Group Class or PT Session ends, the
Client shall bear the responsibility to cancel the authorization of the direct debit, as well as to
perform any and all related acts and operations.
7.11 A payment reminder shall be emailed to the Client by TAF fourteen (14) days after payment
was due and it shall be valid for a grace period of fourteen (14) calendar days.
7.12 After the fourteen (14) days grace period of the payment reminder set in Article 7.10 expires
and the Client has not made the due payment, TAF has the right to immediately and effectively end
the Client’s Membership and to withdraw any privileges and special offers made to that respective
Client.
7.13 TAF shall make all payments or refunds within fourteen (14) calendar days from the date the
respective payments or restitutions become due, provided that the Client entitled to such a
payment or refund has provided TAF with their bank details or with an alternative preferred
payment method.

Article 8 Termination of Membership

8.1 When the fixed-term Monthly Membership expires, the Client may terminate the Monthly
Membership with a one-month written notice sent to empower@nextlevelams.nl
8.2 The one-month notice referred to in Article 8.1 may be given on the first Business Day of the
month and will continue until the last day of that same month.
8.3 Where the one-month notice referred to in Article 8.1 is given after the first Business Day of the
month, the notice period will only commence on the first calendar day of the following month and
will continue until the last calendar day of that same month.
8.4 After the fourteen days grace period referred to in Article 7.7 expires, TAF has the right to
immediately terminate the Membership of the non-paying Client, who forfeits all the remaining
services and fees paid in advance.
8.5 TAF has the right to immediately and unilaterally terminate the Membership of a Client if the
respective Client engages in Prohibited Behavior, as defined in Article 6.1 of the present Agreement.

Article 9 Liability and Prescription

9.1 Whereas TAF values the physical integrity and welfare of their Clients and it ensures that
Clients are educated regarding the safety rules for using the equipment during the Group Classes
and the PT Sessions respectively, it is the responsibility of the Clients to make the decision to
engage the Services of TAF, as well as to make sure they fully understand and apply the safety
regulations and house rules as they are explained to them by the TAF Trainers and staff, as
applicable.
9.2 TAF is not responsible for losses or damages of personal property of the Clients while in the
Fitness Studio or during Classes and/or Sessions held on other locations.
9.3 The TAF Trainers and staff are not qualified and not allowed to give Clients any medical advice.
9.4 Except for the situations of gross negligence of its Trainers and staff, TAF is not responsible for
the physical injury of a Client during the use of the TAF services, if the said injury is the result of the
Client’s improper use of the equipment provided or the improper application of the exercise
instructions received from the Trainers and staff.
9.5 Whereas TAF prides itself with a company culture of Fitness excellence and achievement, given
the fundamentally personal nature of the process and the complexity of factors that determine the
achievement of the goals that Clients set for themselves in connection to the TAF Services they
employ, TAF does not warrant and is not responsible for the achievement of a specific result by the
Client.
9.6 TAF is not liable for damages and losses caused to Clients and any and all other third parties as
a result of a force majeure event.

Article 10 Intellectual Property

10.1 All content included in or made available through any of the TAF Services to either Clients,
staff or any other third parties, including, inter alia: drawings, nutrition charts, training schedules
and schemes, text, graphics, logos, videos, audio files, data compilations, trade names, slogans
trademarks and software is and remains the exclusive property of TAF and is protected by the
Dutch and E.U. copyright law
10.2 The publication of any TAF intellectual property materials without the express, written
consent of TAF is strictly forbidden.

Article 11 Cancellation Policy

Cancellation by TAF

11.1 In the situation when TAF must cancel a Class or Session, the Client shall be offered the
possibility to postpone that Class or Service to a later date.
11.2 If the postponement referred to in Article 11.1 is not possible, then the Client is entitled to a
one hundred percent (100%) refund of the amount paid in advance by the Client and limited to a
maximum representing the price of that respective Class or Session.
11.3 The cancellation by TAF of a Class or a Session does not qualify as non-performance under this
agreement and it does not entitle the Client to request the cancellation of a Fitness Group Class
Stripe Card Membership or a PT Stripe Card Membership on grounds of non-performance.
11.4 No compensation other than the price of the Class or Session as paid by the Client is owed by
TAF for the Classes or Sessions it cancels.

Cancellation by the Client

11.5 The Client may cancel a Class or Session under the conditions in Articles 11.6 to 11.9 either by
using the TAF app or by email, at empower@nextlevelams.nl or by phone at +31 6 251 84 899.
11.6 The Client may cancel a Fitness Group Class up to two (2) hours before the Class is scheduled
to start and be entitled to a full refund of the cost of the Class paid in advance.
11.7 The Client may cancel a PT Session up to twenty-four (24) hours before the Session is
scheduled to start and be entitled to a full refund of the cost of the Session paid in advance.
11.8 If the Client cancels a Fitness Group Class less than two (2) hours before the scheduled time,
the Client will be charged the full fee of the Class.
11.9 If the Client cancels a PT Session less than twenty-four (24) hours before the scheduled time of
the Session, the Client will be charged the full fee of the Session.
11.10 A Client that purchased a PT Sessions bundle may “freeze” and postpone a PT Session to the following month under these conditions: a) A holiday which was notified to TAF a month before its planned date. b) A business trip which was notified to TAF a month before its planned date. c) A medical condition which temporarily prevents from the Client to participate in the PT sessions.

Illness and Relocation

11.11 A Client may cancel a TAF Monthly Membership before the fixed term expires if they suffer an
injury that renders them medically unfit to use the TAF Services contracted, provided that the
Client presents TAF with a medical certificate to that extent.
11.12 A Client may cancel a TAF Monthly Membership before the fixed term expires if they relocate
to a different city, located at more than twenty (20) kilometers from the Fitness Studio, provided
that the Client presents TAF with a certificate from the new municipality proving their newly
acquired resident status.

Article 12 – Choice of Law

The present Agreement is governed by Dutch law and any and all disputes arising out of or in
connection with this Agreement shall fall under the exclusive jurisdiction of the Court of
Amsterdam District.