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TERMS AND CONDITIONS

TERMS AND CONDITIONS

APPLICABILITY GENERAL TERMS AND CONDITIONS OF PRIME SHAPE

1.1 Every participant is obliged to take note of these participant terms and conditions of Prime Shape. If there is a participant agreement between Prime Shape and a participant, these terms and conditions are part of it and are inextricably linked to it.

1.2 If the Participant is a legal entity or a natural person who does not actually participate in the lesson, the participant is obliged to hand over the terms and conditions to the natural person who actually participates in the lesson.

1.3 Only if deviated from in writing, these general terms and conditions will be wholly or partially disapplied or may be amended.

1.4 Prime Shape reserves the right to change the total number of participants in a lesson, as well as the opening hours of the studio, the times of the classes, the number of classes, the specific trainer or instructor of a Lesson and the rates. To the extent possible, changes will be communicated through the website or VirtuaGym.

1.5 Prime Shape also reserves the right to refuse participants in case of abuse of the subscription system or of the facilities of Prime Shape. If a participant causes such a nuisance or inconvenience that, in the opinion of the relevant trainer, proper performance of a class is hindered as a result, the relevant trainer may unilaterally decide to exclude the participant in question from the class. All resulting costs shall be borne by the participant.

1.6 Persons under the age of 18 are not permitted access to Prime Shape. Any injury to children or damage to children's property caused by (unauthorized) access to Prime Shape is at your own risk.

1.7 Pets are allowed at Prime Shape only after clear communication. 

1.8 These participant terms and conditions apply to all legal relationships between Prime Shape and a participant who has purchased credits and/or actually participates in a class offered and/or provided by Prime Shape.

1.9 All clauses in these terms and conditions have also been drafted for the benefit of all natural persons involved in the organization of Prime Shape and all persons employed by Prime Shape and/or engaged by Prime Shape.

  1. 10 If a provision or part of a provision in these terms and conditions is contrary to any decision, law, regulation, treaty or European directive, is deemed unreasonably onerous or is null and void or is annulled on the basis of any decision, law, regulation, treaty or European directive, only the void or annulled provision or the void or annulled part of the provision concerned will remain inapplicable and Prime Shape will be permitted to apply a substitute provision that is legally permissible and as close as possible to the purport and content of the (partially) void or annulled provision. Such nullity or nullification does not affect the other provisions of these terms and conditions.

AGREEMENT

2.1 An agreement between Prime Shape and a participant arises by agreement between the two parties, which must be evidenced by (online) registration of a Participant or written confirmation of an agreement. During registration, a Participant will receive a login name and password for the Prime Shape registration system.

2.2 No obligations arise forPrime Shape under a participant agreement until all obligations, including payment, have been fulfilled by the participant.

2.3 Modification of a participant agreement once established can only be done with the prior written consent of Prime Shape. Modification of a participant agreement may incur costs for a participant.

2.4 An agreement between Prime Shape and a Participant consists of one or more credit(s), which entitles the participant to participate in a (limited number of) class(es) during the term. Credits are therefore of limited validity. The individual validity is stated in a participant's account on the Website. Once a credit and/or a bundle of credits has expired or been used up, a participant can no longer sign up for a class.

SUBSCRIPTIONS AND TICKETS

3.1 Each participant agreement is personal and the participant is not entitled to transfer the rights and obligations arising from the participant agreement concluded under these participant terms and conditions to third parties in whole or in part.

3.2 a. A monthly subscription can be terminated in writing with due observance of one calendar month's notice, which begins on the 1st of the month. Written termination is possible by sending an email to info@primeshape.nl.

  1. A quarterly-year subscription has a minimum term of 3 months starting on the day of sign up. When a subscription is purchased halfway through the month, the 3 months start running from the day of sign up. It is not possible to cancel the subscription in the interim. Six weeks before the subscription expires, the participant will automatically receive an email with the options for a new subscription. If there is no response, we will assume that the participant wishes to remain a member and the subscription will be renewed for another 3 months.
  1. A half-year subscription has a minimum term of 6 months starting on the day of sign up. It is not possible to cancel the subscription in the interim. Six weeks before the subscription expires, the participant will automatically receive an email with the options for a new subscription. If there is no response, we will assume that the participant wishes to remain a member and the subscription will be renewed for another 6 months.
  1. An annual subscription has a minimum term of 12 months starting on the day of sign up. It is not possible to cancel the Subscription in the interim. Six weeks before the subscription expires, the participant will automatically receive an email with the options for a new subscription. If there is no response, we will assume that the Participant wants to remain a member and the subscription will be renewed for another 12 months.

3.3 Pausing a subscription is allowed for a maximum of 1 month during a subscription period. A break is only possible per calendar month, and must be requested in writing at info@primeshape.nl. The period of the break will be added to the end of the subscription period.

3.4 Only in case of a serious injury, prolonged illness, pregnancy or a prolonged stay abroad (at least six weeks) for work, the validity of a subscription can be suspended. The Workout Lab has the right to require proof of this before a request for suspension is granted. At the request of the participant, Prime Shape may also approve suspension of a subscription. suspension is only possible for the period of one or more calendar months.

3.5 If the participant decides to purchase a new/additional subscription with Prime Shape then the terms of the participant agreement and these participant terms and conditions will continue to apply in full, unless expressly agreed otherwise in writing.

3.6 If a participant has entered into a participant agreement with Prime Shape, then the participant is entitled to revoke the participant agreement entered into with Prime Shape for 14 days after signing.

3.7 If participant revokes the participant agreement in accordance with these terms and conditions, then participant will receive a refund of all payments made by participant to Prime Shape, unless participant has already used Prime Shape's facilities.

3.8 Prime Shape has the right to terminate the participant agreement with immediate effect if:

  • The participant, in the opinion of Prime Shape, is guilty of unacceptable behavior;
  • If the participant violates the rules of Prime Shape; or
  • The participant damages Prime Shape in any way. 

ENTRY FEES, PRICES AND PAYMENT.

4.1 The current prices of one credit or a bundle of credits or subscription are listed on the website. The latest prices are always the prevailing ones and these are always available on the website. Price increases do not affect concluded and paid credits and/or bundles of credits or subscriptions.

4.2 Unless otherwise agreed, payments must be made through the online payment system, payment terminal or by direct debit. A credit and bundles of credits or subscription must be paid in advance.

4.3 By purchasing a subscription, the participant authorizes Prime Shape to charge an initial subscription period and a recurring monthly subscription fee at the then current rate. Increases in the current rate will be notified to the participant by email or other notification. The participant also authorizes Prime Shape to charge other fees that the participant may incur in connection with use of the classes, such as any registration or cancellation fees, or a fee (no show fee) for a late canceled class.

4.4 Payments already made by the participant will not be refunded unless there is a valid cancellation by the participant.

4.5 Prime Shape reserves the right to index and change its prices and rates.

4.6 No rights can be derived from special offers before or after the event. 

PARTICIPATION AND CANCELLATION OF A WORKOUT

5.1 A participant must register prior to a class through the appropriate online registration system: VirtuaGym, OneFit and Classpass. Without registration, a participant is not entitled to participate in a class.

5.2 Deregistration before the start of a class is possible, provided it is done before the indicated time as communicated through the online registration systems. Without timely deregistration, the participant will be deemed to have participated in the lesson and will be charged a fee.

5.3 A participant using a subscription may forget to timely unsubscribe from a class no more than once per calendar month. As of the second time, a compensation amount of EUR 10 will become due for each enrolled class in which the member does not participate. This amount is due and payable immediately after the relevant class without notice of default. 

5.4 Prime Shape is entitled to adjust the schedule and/or locations in the interim without giving any reason. The latest schedules and locations are always the valid ones and these are always available on the website.

5.5 Until the time of commencement, Prime Shape has the right to cancel a class in case of insufficient interest. In that case, the participant is deemed never to have registered for the relevant class so that no credit will be consumed either.

5.6 If the facilities of Prime Shape cannot be used or not fully used due to circumstances beyond the control of Prime Shape, the costs owed by the participant for the use of the facilities of Prime Shape will not be refunded.

5.7 Exceptional circumstances always constitute force majeure for Prime Shape and relieve Prime Shape of its obligations. In case of permanent force majeure, Prime Shape is relieved of its obligation to fulfill the participant agreement.

5.8 In the event of hazardous weather conditions, including thunderstorms, storms, extreme heat, snow or sleet, a class may be canceled. Prime Shape is not liable for cancellation due to hazardous weather conditions.

5.9 In the event of a conflict between the information available in VirtuaGym and on the website, the information on VirtuaGym will prevail. Participants are expected to check the website for the most recent and accurate information.

LIABILITY 

6.1 The use of the facilities at Prime Shape for, among other things, but not limited to strength and conditioning training and/or taking any class(es), training program and/or activities of any kind at Prime Shape is entirely at the participant's own expense and risk.

6.2 Prime Shape, its organization, employees and trainers are not liable for personal injury or damage to property of a participant.

6.3 Also for possible material and/or immaterial damage caused by other services or advice from Prime Shape, its organization, employees and trainers, Prime Shape is not liable.

6.4 Prime Shape is not liable for any injury or other damage a participant may sustain during, or as a result of, a class. Advice is always without obligation and is followed at your own risk.

6.5 Every participant is obliged both before, during and after any class to report his or her physical condition such as injuries, illnesses and/or other physical conditions and/or to provide information which the participant should reasonably understand is necessary for the exercise. Participant is responsible for reporting this information.

6.6 Prime Shape is not liable for damage to and/or loss of property by whatever cause, occurring during or in connection with a class. A class is intensive and can possibly lead to injuries. A participant should assess for him/herself whether he/she is fit to participate in a class. If a participant has health issues, or if a participant has any other reason to doubt participation, the participant should seek advice from a physician and/or specialist.

6.7 Prime Shape reserves the right, at its discretion, to exclude unsuitable participants from participating in a class.

6.8 Each participant, contract partner or other party declares that he/she is insured for damages suffered as a result of participation in a class insofar as these damages are not the result of gross negligence or intent on the part of Prime Shape.

6.9 The participant hereby unconditionally and irrevocably waives his/her right to compensation for any direct or indirect damages (whether from contract or tort) that has arisen, arises or will arise in connection with participation in a workout.

6.10 A participant is liable for damage caused to property of Prime Shape, if such damage is the result of the participant's negligence and/or fault.

6.11 The exclusions and limitations of liability as stated in these terms and conditions are equally stipulated for and on behalf of subordinates of Prime Shape and anyone else whose assistance Prime Shape makes use of in the execution of the participant agreement or a class.

PERSONAL DATA AND PRIVACY POLICY

7.1 Each participant is aware that he/she is providing certain personal data to Prime Shape, including, but not limited to, name, age, address and email address. Participants' personal data is strictly confidential and will be used solely for administrative purposes of Prime Shape and to improve a participant's training results.

7.2 If the participant agrees to these terms and conditions, the participant gives Prime Shape permission to process his/her personal data in connection with Prime Shape's use for commercial purposes. Any processing of personal data by Prime Shape will be done in accordance with the general data protection regulation and its implementing legislation. Prime Shape will destroy all data relating to participant's personal data upon participant's written request.

7.3 The participant, by agreeing to these terms and conditions, unambiguously grants permission to Prime Shape to receive offers from Prime Shape by email and otherwise.

7.4 Only after explicit consent of a participant will personal data in the form of his/her own photographs be used for commercial purposes of Prime Shape. Photographs and film recordings made during a class can always be used byPrime Shape for commercial purposes, such as posting on social media or the website.

7.5 For security reasons, Prime Shape may use video and audio surveillance equipment to observe the studio. Video and audio surveillance is limited to the gym areas, and is not present in the restroom and changing areas.

COMPLAINTS

8.1 A participant must report a complaint regarding any performance of Prime Shape to Prime Shape as soon as possible after the complaint arises. In the case of any damage or defect in the performance of a class, notification must be made no later than fourteen days after the participant discovers the damage or defect. The complaint shall be made by telephone or in writing to Prime Shape, stating the relevant Lesson and a description of the complaint.

8.2 The complaint must be complete, clearly described and accompanied by any evidence.

8.3 Prime Shape will respond to the complaint submitted by the participant as soon as possible, but no later than four weeks from the date of receipt. If Prime Shape expects to need a longer time to process the complaint, it will mention this immediately by email to participants after its discovery.

8.4 If the complaint cannot be resolved by mutual agreement, a dispute arises in accordance with Article 9 of these General Terms and Conditions. 

DISPUTES AND APPLICABLE LAW

9.1 Dutch law applies to this agreement and all resulting legal relationships.

9.2 Disputes arising from this agreement which cannot be resolved by mutual agreement shall be submitted to the competent court in Amsterdam.

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