Terms and Conditions
Article 1. General provisions
These general conditions apply to all services, courses and/or workshops of Tal Assa Fitness.
Deviation from these terms is only possible if this has been agreed in writing.
In these general conditions the following terms are used:
participant (or client): a natural person or company enrolled at Tal Assa Fitness. A private individual or a company who wishes to participate in a Tal Assa Fitness organized course, workshop, group class, or want to follow individual training or thereabouts enquiries.
Business Day: means the day of the week in which banks in the Netherlands are open.
Fitness Studio/Club: refers to Tal Assa fitness studio altogether and separate part of Tal Assa Fitness.
Workshop, training, course, lesson: all courses, workshops, seminars, personal training, trainings, lectures, in the broadest sense of the word.
Cost: the fee that the participant pays to Tal Assa Fitness due for participating in a course, workshop, seminar or consultation.
Tal Assa Fitness is the trading name of Tal Assa, these general conditions apply to all contracts for participants of the workshops, course or private lesson. Deviations from these conditions shall only be binding if they have been confirmed in writing by Tal Assa Fitness.
Article 2. Offers
The lessons: the program of the course is adapted to the learning needs of the participant. The groups are small with a maximum of 10 participants (with restriction regarding workshops, which have no limit on the number of participants). Each is working on a project on his or her own level. In general, we work with existing patterns from brands such as Les Mills® or TRX®. These patterns are present and do not need to be purchased by the participant. Each class has its own unique way in which it is being given with the goal to keep the participant safe of injuries and to train so that a progress is being shown in an adequate time, taking into counts that the participant was following the given program the trainer uniquely prescribed for that individual.
For the workshops/lessons proposals: the making of a first quote and making changes are non-binding and free of charge. All other costs incurred workshops and classes of Tal Assa Fitness, including other work expressly understood the conduct of follow-up calls, consultation, preparation time and making further changes, will be charged at the client or participant in accordance with the Tal Assa Fitness charges applied by Tal Assa.
Article 3. Gym conditions – when applicable
1) A member must be 16 years old or over on the date a member agrees to enter into this Agreement or issue a guardian approval if under age.
2) The Membership Fee is nonrefundable and after any initial payment shall be paid either on a monthly basis on the first Business Day of each month by way of direct debit or on an annual pre-paid basis
3) A member’s membership of the Tal Assa Fitness studio applies to such member personally and a member is not permitted to lend, assign or transfer membership of the Tal Ass Fitness studio to any other person.
4) By entering into this Agreement a member agrees to pay all of the Joining Fee and the Membership Fee on time.
5) If a member elects to pay the Membership Fee by monthly direct debit, the Club reserves the right to increase the Membership Fee on 30 days’ prior notice. If a member chooses to pay the Membership Fee on an annual pre-paid basis, the Membership Fee due shall be reviewed only on renewal. Membership payments, once made, cannot be refunded.
6) If Membership Fee remains unpaid for a period longer than thirty (30) days after the due date and such a breach is not remedied by the member within seven days after being notified by the Club, the member’s membership shall be terminated by the Club immediately.
Tal Assa Fitness Studio gym usage:
1) A member must wear appropriate clothes and shoes in the studio.
2) Whilst in the Club, a member must not engage in any of the following behavior (each “Prohibited Behavior”):
a. behave in a violent, rude or threatening way or in a manner which distresses or causes discomfort to other members or personnel of Tal Assa Fitness studio;
b. smoke in any part of the Club, bring alcoholic drinks, drugs or other mood-altering substances into the fitness studio;
c. use the fitness studio while under the influence of alcohol, narcotics or other mood-altering substances.
d. The Club may suspend or terminate at its sole discretion a member’s membership without liability of the fitness studio to refund any of the Joining Fee and/or Membership Fee to such a member if the Club determines that a member has engaged in Prohibited Behavior.
3) In the absence of any negligence or its willful default or breach of any legal duty by the Club, the use by the member of any of Tal Assa Fitness studio’s equipment at the Club, is entirely at the member’s own risk.
4) No member shall use any of Tal Assa Fitness studio’s equipment at the Club unless such member is satisfied that he or she is competent to do so safely and properly and in consideration of a member’s own health and safety and that of other members. The Club will not be responsible for any loss or injury to the member to the extent that it is caused by a member’s own unsafe or improper use of any equipment at Tal Assa Fitness studio.
5) A member shall be responsible for any harm or injury caused to another member or to the Club to the extent that it is caused through a member’s own unsafe or improper use of the of Tal Assa Fitness studio‘s equipment at the facility. The Club reserves the right to suspend or revoke membership at any time if a member does not adhere to safe and proper use of the of Tal Assa Fitness studio’s equipment at the facility. The Club shall not be responsible for or liable to the member for any loss or damage to a member’s possessions within the Club.
6) Any warranties and other terms implied by statute or common law are excluded from this Agreement to the fullest extent permitted by law.
7) Unless notified otherwise, using the gym is permitted only after coordinated with Tal Assa Fitness owner.
Article 4. Risk and liability
1) A membership may be terminated by the Club or by the member at the end of a monthly or annual payment period as applicable, subject to at least 30 days’ notice in writing prior to the end of such period.
2) In the event a member’s membership is terminated by the member and the member is paying the Membership Fee by monthly direct debit, the termination shall take effect at the end of the month for which the last direct debit payment has been paid.
3) In the event that a member’s membership is terminated by the member and the member has paid the Membership Fee by an annual pre-payment the termination shall take effect on the anniversary of the first payment date. In the event of a termination of a member’s membership, it shall be the member’s sole responsibility to cancel the Direct Debit authority with such member’s bank. For the avoidance of doubt, if a member’s membership is terminated and on a subsequent date the same member re-joins the Club, the Joining Fee will be payable again on renewal of such member’s membership.
4) In case the client purchased a stripe card (of 10 or 8 classes) and decided to stop their participant in the classes and quit, refund for the stripe card will be applicable in cases of leaving the country (show flight ticket) or direct order from the doctor (in writing) you may no more participate in the classes.
Article 5. Agreement
The agreement between Tal Assa Fitness and the participant is established by the client or by the receipt of a completed and signed entry form. Or in case Tal Assa Fitness received a completed and sent by e-mail registration form available at the website. In special cases, Tal Assa Fitness has the right to cancel an agreement or participation in a course or workshop etc. Tal Assa Fitness has the right to have certain work done by third parties.
Article 6. Prices
The prices for courses, workshop etc. are 6% VAT included.
To get the listed discount (where and if listed) the client must pay for the registered period or by a debited credit (incasso).
In order to join a partner for extra €30,00 per a session – both participants must have the same goals and requirements from the training/nutrition plan.
Extra private sessions (out of your package), will be calculated at the price of a single private session.
An additional traveling fee will be added to the basic fee when traveling distance is further than 6 km. from the trainer’s home. The rate will be 10€ extra for an additional 3 km. over the mentioned above 6 km. per session.
Article 7. Program and program change
1. For personal training clients – in case you chose to join the E4F program – you will be training with 3 different professional personal trainers for the first month (in each session/appointment a different trainer will give you the training session and only one). After the first month you may choose to continue in the same manner or choose to focus on one or more trainers.
2. Tal Assa Fitness reserves the right, in consultation with the client and/or their participant to make changes to the program, if it is relevant to the learning path of the participant. Costs for consultations on changes in the program will be charged in proportion by Tal Assa Fitness.
3. While the original client’s trainer working for Tal Ass Fitness isn’t available to train an alternative trainer will be offered to the client/s until the original trainer is available once again.
4. Clients that have purchased a personal training monthly plan, longer than a single month, are allowed to freeze up to 2 PT sessions per a month to be used in the following month, if those haven’t been used in the following month, they will be canceled unless concluded otherwise with the client.
Article 8. Cancellation, modification
Tal Assa Fitness expressly reserves the right – to change the planned course days and times and location/accommodation of a course or training with giving reasons to modify, Tal Assa Fitness is not liable for any damage. The already paid teaching and course fees are reserved for this purpose.
Cancellation of all or part of an agreement by the client or participant should always be done in writing, which is decisive for determining the date of receipt of the cancellation.
In case the agreement by the client or participant will be cancelled:
· The costs of the course will be fully charged at the client or participant when the cancellation takes place after the beginning of the training course, for which is registered.
· Administrative fee (10% of the total amount) will be charged to the client and/or participant, when the cancellation takes place 24 hours before the start of the training course, for which is registered.
· Cancelations of less than 24 hours will be fully charged and considered as though the participant forfeited to participate.
Lessons that are submitted before the start of the first lesson and were missed can be caught up during the same period at a different time or day. Lessons missed, after the start of the first lesson cannot be made up, unless the participant is absent or must cancel the course by an incurable illness to him- or herself.
Lessons cannot be made up by another person.
Missed classes cannot be deducted from the course period that follows after the period in which a lesson is missed. Missed classes will not be refunded.
Canceling a participant in a group class must be notified minimum of 2 hours in advance or it will be fully charged.
Article 9. Liability
The participant or individual held itself (do) examine whether the physical and/or mental fitness owns and retains to the course, workshop etc. to follow Tal Assa Fitness.
Tal Assa Fitness accepts no liability for the direct or indirect consequences of the absence of that capability.
Tal Assa Fitness shall indemnify any claims by third parties, including but not limited to, fellow participants. Tal Assa Fitness is not liable for any psychological damage or personal injury which the client, participant or individual wants to occupations related to activities of Tal Assa Fitness.
Tal Assa Fitness accepts no liability for loss, theft or damage of private-property of client, participants etc. or other materials during the process or otherwise stay on location where the courses or workshops are given.
Tal Assa Fitness is never required to compensate for damage by the sponsor and/or the participant, unless said damage has been caused by intent or gross negligence on the part of Tal Assa Fitness.
Taking into account the previous provision extends the liability of Tal Assa Fitness never further than the height of the invoice amount of the relevant agreement, while the liability of Tal Assa Fitness never extends beyond the coverage of the Tal Assa Fitness closed liability insurance.
Tal Assa Fitness accepts liability to the client or participant for any damage as a result of an attributable shortcoming Tal Assa Fitness in the implementation of the agreement or by an unlawful act, but only if its liability insurance is covered and as far as the insurer pays.
The client or participant will be liable in case Tal Assa Fitness suffered damage which is caused by a participant.
Tal Assa Fitness can guarantee the client will reach their goals, but for that they must follow the training/menu plan to its full extent, including increasing their activity level, avoid suggested food/drinks, log their daily intake in the suggested app/website/notebook, minimum suggested training days during the week.
If a client decides to take the extra nutritionist offer, Tal Assa Fitness takes absolutely no responsibility to whatever the nutritionist suggests and decides to them. Anything discussed between the nutritionist and the client is under the nutritionist responsibility.
The use of the equipment, the following of the program and activities by Tal Assa Fitness is solely on the client responsibility. Tal Assa Fitness, the general manager and other employees are in any way will not hold responsible for material and/or immaterial damage, due to accident, injury of the client or third party, in any way whatsoever. The general manager and all the employees of Tal Assa Fitness are not responsible for any damage, loss or theft of clients or third party belongings.
Article 10. Copyright
The copyright of the training materials and other documents issued rests with Tal Assa Fitness, unless the name of another holder of the work itself is mentioned. Without prior written permission of Tal Assa Fitness, the client or participant is not allowed to publish documents referred to or in any way to multiply.
Photos and/or videos of you, taken by Tal Assa Fitness employee/owner may be used publicly and/or for promotional reasons, in the various social medias, such as Instagram, Twitter, Facebook, YouTube, Vimeo etc.
Article 11. Payment at the courses
Workshops are listed in all the directories and on the website costs and conditions binding for both parties. The payable costs are deposited into Bank account NL 25 INGB 0007 6420 06, Attn. Tal Assa announcing the invoice or proposal number or the name of the course.
The participant needs to pay the statutory interest on the outstanding amount, maximum of 14 days after the first reminder.
The height of the interest is 10% of the total amount of the invoice including the VAT.
The participant or client must pay at currency agreed in advance without deduction and suspension due to an alleged or actual shortcoming Tal Assa Fitness. In case of liquidation, bankruptcy or receivership of the client or participant will the claims of Tal Assa Fitness and the obligations of the principal or participant towards Tal Assa Fitness are repayable on demand.
If timely payment is not made, Tal Assa Fitness is to give quite the claim. In those situations are all costs, both judicial and extrajudicial (collection) costs for the participant or client. This includes the cost of collection agencies, the cost and the salary of lawyers and judicial officers, even if they exceed the costs of the assigning process costs in straight. In any case, will be due to late payment for extrajudicial collection costs 10% of the amount due.
Article 12. Confidentiality
The principal, the participant and Tal Assa Fitness are required to act carefully with data and information and other documents, related to the work and activities of Tal Assa Fitness. Tal Assa Fitness is not voluntarily as a witness in a legal procedure for the principal or the participant. It is the principal and the participant not allowed releasing reports, other documents of Tal Assa Fitness, in a legal procedure.
Article 13. Applicable
Law and competent court on all offers made under these conditions or contracts Dutch law is applicable.