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Terms and conditions

General Terms and Conditions Pro Fit Nederland B.V.

Article 1 – General

In these terms and conditions, the following definitions apply:

  • General Terms and Conditions: the present terms and conditions.
  • Pro Fit Nederland B.V. (hereinafter: Pro Fit): the contractor (including its employees and any auxiliary persons engaged by Pro Fit).
  • Customer/Member: the natural person or company entering into an agreement with Pro Fit.
  • Agreement: the agreement formed between Pro Fit and the Customer upon registration by the Customer.
  • Business activities: provision of personal training and corporate bootcamp training.
  • In writing: by letter, email, or any other form of communication that is considered equivalent in accordance with prevailing standards of technology.

Article 2 – Scope

  1. These General Terms and Conditions apply to all legal relationships between the Customer and Pro Fit.
  2. They also apply to all agreements with Pro Fit requiring the involvement of third-party services.
  3. The applicability of the Customer’s or any third party’s general or other terms and conditions is expressly excluded.
  4. If one or more provisions of these terms are void or annulled, the remaining provisions shall remain fully applicable.
  5. Deviations from these terms are only valid if agreed in writing in advance by Pro Fit and the Customer.
  6. These terms may be amended or supplemented at any time. Amended terms shall also apply to existing agreements, subject to a notice period of one month following written notification of such amendment.

Article 3 – Offers and Quotations

  1. All offers, quotations, and price lists are non-binding unless a term for acceptance is specified.
  2. If a non-binding offer is accepted, Pro Fit has the right to revoke it within two working days after receiving the acceptance.
  3. Offers or quotations do not automatically apply to future assignments.

Article 4 – Agreement

  1. The Agreement is concluded by written confirmation from Pro Fit to the Customer or by signing a registration form.
  2. If the registration form has not yet been signed, the Agreement is deemed concluded if the conduct of the parties demonstrates that the Agreement is being performed in practice.
  3. Duration, rates, and further conditions are agreed and recorded in the registration form.
  4. Upon signing the registration form, membership fees are due from the moment of registration. If automatic debit is agreed, this shall take effect from that moment.
  5. The Agreement commences on the date the registration form is signed.
  6. If the Customer is a natural person registering via Pro Fit’s website, the Customer has a 14-day right of withdrawal without stating reasons.
  7. This cooling-off period does not apply if registration takes place on-site and does not apply to companies.

Article 5 – Amendment of the Agreement

  1. If during the term the Customer wishes to extend the Agreement, the parties shall adjust it in mutual consultation.
  2. If changes have financial or qualitative consequences, Pro Fit shall inform the Customer in advance.
  3. If a fixed price is agreed, Pro Fit shall indicate the extent to which changes exceed that amount.
  4. If the Customer does not accept a rate increase, the Customer may terminate the Agreement in writing within seven days after notification.

Article 6 – Duration of the Contract

  1. The Agreement is entered into for the period stated in the registration form.
  2. A one-year subscription is automatically extended for an indefinite period after one year.
  3. Termination during the first year is only possible at the end of that year.
  4. After the initial fixed period of one year, the Agreement may be terminated monthly with one month’s notice.
  5. Termination must be in writing.
  6. Pro Fit may suspend or terminate the Agreement without notice of default if the Customer fails to fulfil its obligations or is declared bankrupt or subject to debt restructuring.
  7. In such cases, outstanding invoices become immediately payable.
  8. In case of early termination, Pro Fit retains the right to payment for the elapsed period.
  9. In case of medical inability to use the membership, the Agreement may be frozen for a mutually agreed period.

Article 7 – Rates

  1. A fixed price may be agreed. All prices are in euros unless stated otherwise.
  2. Website prices are subject to typographical errors.
  3. Pro Fit may adjust prices at any time unless agreed otherwise in writing.
  4. Annual rate increases may be applied in line with the CBS Service Price Index (DPI) and do not constitute grounds for termination.

Article 8 – Payment

  1. Payment must be made in advance without deduction or set-off.
  2. If automatic debit fails, Pro Fit will retry collection.
  3. Failure to pay entitles Pro Fit to suspend services without liability.
  4. Repeated reversals may lead to termination and denial of access.
  5. All reasonable judicial and extrajudicial collection costs are borne by the Customer.
  6. Statutory interest may be charged on overdue amounts.

Article 9 – Advance Payment / Security

Pro Fit may require advance payment or security before performing services. If the Customer fails to comply, Pro Fit’s obligation lapses without prejudice to its right to compensation.

Article 10 – Intellectual Property

  1. Unless agreed otherwise in writing, Pro Fit owns all intellectual property rights to works, services, and documentation developed.
  2. If a third party claims infringement, the Customer must inform Pro Fit immediately.
  3. Pro Fit may use knowledge gained from executing agreements for other purposes, provided no strictly confidential information is disclosed.

Article 11 – Confidentiality

Each party shall maintain confidentiality regarding all confidential information obtained from the other party.

Article 12 – Complaints

  1. Complaints regarding invoices must be submitted in writing within 30 days.
  2. Complaints do not suspend payment obligations.
  3. In justified complaints, Pro Fit may adjust fees, re-perform services, or refund proportionally.

Article 13 – Liability and Risk

  1. The Customer remains solely responsible for the manner in which sports activities are performed.
  2. Sports involve risks and participation is at the Customer’s own risk.
  3. Pro Fit is not liable for material or immaterial damages resulting from accidents or injuries during training or use of facilities.
  4. Pro Fit is not liable for theft, loss, or damage of personal belongings.

Article 14 – Force Majeure

  1. In cases of force majeure, performance shall be suspended or the Agreement may be terminated after a period of three months, without any obligation to pay damages.
  2. Force majeure does not constitute a culpable failure.

Article 15 – Privacy

  1. Pro Fit processes personal data in accordance with applicable data protection laws (GDPR).
  2. A privacy statement is available.
  3. Appropriate technical and organizational measures are taken to protect personal data.
  4. Third parties (sub-processors) may be engaged, with written agreements regarding data protection.
  5. Personal data is processed within the European Economic Area unless agreed otherwise.
  6. Pro Fit is not liable for fines if the Customer fails to comply with data protection laws.

Article 16 – Transferability

  1. The Customer may not transfer rights or obligations without written consent from Pro Fit.
  2. Transfer of rights and/or obligations is only possible after the Customer has notified Pro Fit thereof and has obtained Pro Fit’s explicit written consent.

Article 17 – Limitation Period

  1. Claims expire one year after the Customer became aware or could reasonably have become aware of the claim.

Article 18 – Applicable Law and Competent Court

  1. Dutch law applies to all Agreements.
  2. The court in Pro Fit’s place of establishment has exclusive jurisdiction, unless mandatory law provides otherwise.