Reformer Pilates Terms and Conditions

Terms and Conditions | General Terms and Conditions of Delivery

These General Terms and Conditions of Delivery of NL Actief have been drawn up in consultation with the Dutch Consumers' Association within the framework of the Coordination Group for Self-Regulation Consultation of the Social and Economic Council and will come into effect on January 1, 2012.

Article 1 Definitions

Article 2 Applicability

These General Terms and Conditions of Delivery apply to the conclusion and execution of all agreements concerning Reformer Pilates, which are concluded between SCH and the Member.

Article 3 The offer

1. SCH's offer is made in writing or electronically and is valid for a period specified by SCH. If no period for acceptance is specified, the offer remains valid for two weeks after the date of issue.
2. The offer shall include at least:

• The mention of the possibility to view the Reformer Studio and facilities;
• The cooling-off period, as referred to in Article 5;
• The facilities and guidance that can be used;
• The days and times when the facilities can be used;
• The costs for the subscription and the consequences for the costs in the event of early termination on the basis of Article.

4. The offer clearly states whether the costs are periodic or one-off;

• At what point the costs may be increased annually by SCH pursuant to Article 7;
• The method of payment and the payment term; – The term of the Agreement and the associated notice period or, in the case of a strip card, the period of validity; and
• The internal regulations.

5. The description of the offer must be sufficient to enable the Member to properly assess the offer.
6. The offer shall be accompanied—in writing or electronically—by a copy of these general terms and conditions.

Article 4 The Agreement

Article 5 Cooling-off period

Article 6 Duration and termination

5. Interim termination shall take place with due observance of a notice period of one month, effective at the end of the calendar month.

Form of termination

1. 1. SCH is entitled to terminate the agreement with immediate effect if:
      • the Member violates one or more provisions of these terms and conditions or the internal regulations, unless the violation does not justify termination;
      • the Member behaves unlawfully or seriously inappropriately towards SCH, employees, or other members.
   2. In such cases, the remaining subscription fee will be refunded, less any demonstrable damages.
   3. If SCH terminates its business, the agreement may be terminated by SCH with a notice period of one month. Any subscription fees paid in advance will be refunded.

Article 7 Price and price changes

1. The subscription fee is agreed in advance.
2. Any price increases will be announced by SCH two weeks in advance.
3. If a price increase occurs, the Member has the right to terminate the Agreement within 4 weeks of the announcement. The prepaid subscription fee will be refunded.
4. The option to terminate the Agreement referred to in paragraph 3 does not apply to price adjustments based on the CBS price index for household consumption, nor to price adjustments that result directly from legislation, such as those relating to VAT. If this price increase takes place within 3 months of the conclusion of the Agreement, there is a right to terminate the Agreement as referred to in paragraph 3.

Article 8 Obligation of SCH

1. SCH guarantees that the facilities and services provided comply with the Agreement.
2. SCH subjects the facilities to the required maintenance.
3. SCH guarantees that Reformer teachers have sufficient knowledge that can reasonably be expected.
4. SCH ensures that sufficient first aid supplies are available.
5. SCH will adhere to the quality protocol of NL Actief, namely: "Lerf Basis" (source: www.keurmerkfitness.nl), which also includes the anti-doping agreement.
6. SCH takes measures to prevent damage to or loss of members' property.

Article 9 Obligations of the Member

1. The Member shall comply with the instructions given by SCH and the (internal) regulations.
2. The Member must notify SCH of any medical contraindications to fitness.
3. The Member must follow the instructions of SCH or its designated employees. The Member is not permitted to use equipment or facilities with which the Member is unfamiliar. If the Member is unfamiliar with one or more pieces of equipment or facilities, he must inform SCH so that SCH can provide an explanation.
4. Members are not permitted to use the equipment and facilities if they are under the influence of alcohol, drugs, medication, or substances classified as doping.
5. Members are not permitted to smoke in the fitness room provided by SCH.
6. The Member must notify SCH in writing or digitally of any changes to their postal address, email address, bank account number, and telephone number in a timely manner.

Article 10 Interim changes

1. SCH may make interim changes to the facilities offered, class schedules, programs, and opening hours. SCH will announce the proposed changes at least 4 weeks in advance in a satisfactory manner.
2. In the event of changes as referred to in paragraph 1 that are to the detriment of the Member, the Member has the right to terminate the subscription without notice within four weeks of notification, unless the change does not justify termination. If the aforementioned termination is justified, the prepaid subscription fee will be refunded.

Article 11 Proof of participation

1. After payment of the amount due and upon presentation of valid identification, the Member will receive a certificate of participation. Upon request, the certificate of participation will be used to register the visit upon arrival.
2. If the proof of participation has been lost or damaged, a new proof can be requested. SCH is entitled to charge reasonable costs for this.

Article 12 Payment

1. The subscription fees owed will be charged and paid in the manner agreed upon.
2. In the event of late payment, the Member shall be in default by operation of law. SCH shall notify the Member of this in writing, and the Member shall then still have the opportunity to pay the outstanding amount within two weeks.
3. After the new payment date has passed, SCH is entitled to charge statutory interest and reasonable (extrajudicial) costs pursuant to Article 6:96(2) of the Dutch Civil Code, all this from the date on which the original payment date expired. Furthermore, SCH is authorized to deny the Member access to the fitness facilities.
4. If the Member fails to meet its payment obligations, SCH is entitled to take legal action.

Article 13 Liability

1. SCH is liable to the Member for damage resulting from an attributable failure to fulfill its obligations under the Agreement and for damage that is at SCH's expense and risk. SCH is not liable for damage to or loss of property, insofar as SCH has taken measures to prevent damage to or loss of property.
2. SCH will take out adequate insurance against its business risks. The coverage of this insurance amounts to at least €1,000,000 per case. SCH's liability is limited to the insured amount, plus the deductible.
3. The Member is liable to SCH for damage resulting from an attributable failure to fulfill its obligations under the Agreement and for damage that is at the expense and risk of the Member.

Article 14 Complaints

1. SCH has a sufficiently publicized complaints procedure and handles complaints in accordance with this procedure.
2. The Member must submit complaints about the performance of the Agreement to SCH as soon as possible—but no later than two months after the Member has discovered the defects—unless this cannot reasonably be expected of him. These complaints must be fully and clearly described and accompanied by any evidence.
3. Failure to submit a complaint in a timely manner may result in the Member losing their rights in this regard.
4. SCH will respond to complaints submitted by Members as quickly as possible, but no later than four weeks from the date of receipt. If a complaint requires a foreseeable longer processing time, SCH will respond immediately with a confirmation of receipt and an indication of the period within which a more detailed response can be expected.
5. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the Dispute Resolution Procedure.

Article 15 Disputes Committee

1. Disputes between SCH and Member relating to:

• the conclusion of agreements or;
• The implementation of agreements may be brought before the Sports & Exercise Disputes Committee, Bordewijklaan 46, 2509 LP The Hague (www.degeschillencommissie.nl), by either the Member or SCH.

2. A dispute will only be considered by the Disputes Committee if the Member has first submitted their complaint to SCH in full and clearly described in accordance with Article 14.
3. A dispute must be submitted to the Disputes Committee within 12 months of the date on which the consumer submitted the complaint to the entrepreneur. The dispute must be submitted in writing, stating the name of the Member and SCH, a clear and complete description of the dispute, and any evidence.
4. When the Member submits a dispute to the Disputes Committee, SCH is bound by this choice. If SCH wishes to submit a dispute to the Disputes Committee, it must ask the Member to indicate within five weeks whether it agrees to this. SCH must announce that, after the aforementioned period has expired, it will consider itself free to bring the dispute before the court.
5. Disputes relating to non-payment of the subscription fee that are not based on a substantive complaint, or relating to death, physical injury, or illness, shall be settled by the court, to the exclusion of the Disputes Committee.
6. The Disputes Committee will issue its ruling in accordance with the provisions of its regulations. The regulations of the Disputes Committee will be sent on request. A fee is payable for the handling of a dispute.
7. The committee issues its ruling in the form of a binding opinion. The ruling is binding on both parties. The binding opinion can only be overturned by submitting it to the court within two months of its dispatch. The court can only overturn the binding opinion if the ruling is unacceptable in terms of its content or the manner in which it was reached in the given circumstances, according to standards of reasonableness and fairness.

Article 16 Performance guarantee

1. NL Actief guarantees compliance with the binding opinion unless one of the parties submits the binding opinion to the court for review within two months of its dispatch. This guarantee is revived if the binding opinion remains in force after review by the court and the judgment confirming this has become final. Up to a maximum amount of €10,000 per binding opinion, this amount will be paid by NL Actief to the Member on condition that, at the same time as honoring the appeal to the performance guarantee, the Member assigns its claim under the binding opinion to NL Actief in the amount of the amount paid. For amounts exceeding €10,000 per binding opinion, the Member will be paid an amount of €10,000. For the excess amount, NL Actief has a best efforts obligation to ensure that the Member complies with the binding opinion. This best efforts obligation means that the Member will be offered the option of transferring its claim to NL Actief, after which this organization will, in its own name and at NL Actief's expense, seek payment in court in order to satisfy the Member, or the Member will be offered the option of NL Actief conducting the (extrajudicial) collection procedure on behalf of the Member and at NL Actief's expense, all of which is at the discretion of NL Actief.
2. NL Actief does not provide a performance guarantee if, before the dispute has been heard by the Sports and Exercise Disputes Committee and a final decision has been issued in the dispute at this hearing, one of the following situations applies: – SCH has been granted a moratorium on payments:

• SCH has been declared bankrupt;
• SCH's business activities have effectively ceased. The decisive factor in this situation is the date on which the cessation of business was entered in the Commercial Register or an earlier date, which NL Actief can demonstrate to be the date on which the business activities effectively ceased.

General supplementary terms and conditions of delivery SCH

These General Additional Terms and Conditions of Delivery SCH were drawn up on October 4, 2021.

Article 17 Reservations for Group Lessons

Article 18 Membership

1. The Agreement is entered into by the applicant completing and signing the SCH registration form fully and truthfully, presenting valid identification, and SCH subsequently accepting the application.
2. The Member is required to have a photograph taken of themselves, which will be included in the customer database.
3. The Member is obliged to provide SCH with a valid email address. 

Article 19 Additional payment terms

1. Payment of all amounts owed by the Member to SCH must be made in advance, either by direct debit, by transfer to one of SCH's account numbers, or by an equivalent transaction, unless SCH and the Member have agreed in writing on a different method of payment.
2. Payment must be made without discount, claim for compensation or otherwise and, if applicable, within the payment term set by SCH.
3. Payment in installments is possible by means of advance payment per month on terms to be agreed in writing between the parties, including an authorization for the debit of the installments.
4. Recurring SEPA direct debits are processed every business day of the month, depending on the payment date of the subscription.
5. Once the registration form has been signed and the subscription fee has been received, the Member is entitled to use the facilities offered by SCH within the agreed framework.
6. Any price increase will take place once per calendar year (see also Article 7).

Article 20 Other provisions

1. For reasons of safety and prevention, specific areas of SCH are equipped with security equipment, including (video) cameras. SCH guarantees the Member that audio and/or video material will not be made available to third parties for inspection and/or use and will only serve as evidence for the purposes of justice in the event of reprehensible and/or criminal acts being detected at SCH. The Member hereby declares that they have no objection to this.
2. In the case of minors, a signature from a parent or guardian is required.
3. The Reformer studio may have a different class schedule during holidays, school vacations, and special occasions. For the current class schedule, check the SCH Reformer app or website.

Article 21 Applicable law

All agreements to which these terms and conditions apply are governed by Dutch law, unless otherwise stipulated by mandatory law.

Internal regulations SCH

1. Lockers

To store your clothing and valuables, you can use the lockers in the changing rooms free of charge. To use a locker in the hallway, you need a 2 euro coin, and in the changing room, you need a 1 euro coin or a locker coin, which you will get back after use. You may not take the locker keys home with you. Use of the lockers is entirely at your own risk. SCH is not liable for loss, theft, or misappropriation of goods stored in the lockers (see also Article 13).

3. Anti-slip socks

Please note: for your own hygiene and safety, it is mandatory to wear non-slip socks during this class. Our own Sportcentrum Hoorn socks are available at our reception desk.

4. Device hygiene and cleaning

5. Mobile calling

It is not permitted to use your phone in the Reformer Studio. To respect the privacy of visitors, it is not permitted to use your mobile phone to take photos and/or videos in the changing rooms.

6. Reservations

Reservations for Reformer classes can be made via the SCH Reformer app. Your attendance at the reservation will be confirmed by the instructor, who will go through an attendance list before the start of the class. Once the Reformer class has started, you will no longer be able to participate. If, in exceptional circumstances, you need to leave the class early, please discuss this with the instructor before the start of the class.

You can reserve a group class 4 weeks in advance via the SCH Reformer app.

In the unlikely event that you are unable to attend the class, you can cancel free of charge up to 12 hours before the start of the class via the SCH Reformer app.

No-shows will be dealt with within five working days. If you cancel too late or do not show up, one trip will be deducted from your ticket, and for subscriptions, we will send you a one-time reminder about the rule, after which you will be charged €19.50 per missed lesson.

7. Sauna and changing rooms

After exercising, it is wonderful to relax in a clean sauna. Or perhaps you just want to take a refreshing shower in the fresh shower room. Please use these areas for these purposes and not for shaving, cutting your nails, or coloring your hair.

8. Prohibited to carry or use

• All types of glassware, (glass) bottles, food, alcoholic beverages, drugs, and similar items.
• Objects and items that could cause physical injury to guests and fellow visitors, such as weapons, knives, syringes (except for medical use).
• Other items that do not belong in a sports center. This is at the discretion of the employee on duty.

9. Refusal of access and/or removal from the Sports Center

Access may be denied, or persons may be removed from the Sports Center, by the persons authorized to do so:

• In the event of failure to follow instructions/directions from staff and/or failure to comply with the rules and regulations and/or failure to comply with the instructions/directions stated on the signs displayed in the Sports Center.
• If one or more goods as mentioned under point 11 are carried.
• If one is under the influence of alcohol and/or drugs.
• In case of misconduct.
• When suffering from infectious disease(s) or open wounds.
• In the event of failure to comply with one or more of the aforementioned general terms and conditions.

10. Stay at the Sports Center

Emergency doors/fire hoses: These may only be used in emergencies. In the interests of your own safety and that of other visitors and staff, please ensure that emergency doors remain free of chairs, tables, and similar items.

Smoking: Smoking is only permitted at the designated smoking tables.

General: Offices, staff rooms, and technical rooms are not accessible to visitors.

Safety: If the Sports Center becomes too crowded, the number of visitors may be limited. In order to maintain visitor safety, or for periodic maintenance, management reserves the right to change the opening hours of the Sports Center and to close the complex in whole or in part.

11. Complaints

In the unlikely event that you have a complaint during your stay, you can report this at the reception desk of our Sports Center. If it cannot be resolved on site as you would expect, we request that you inform the management in writing as soon as possible. You can do this using the complaint form available at the reception desk. It is also possible to send a letter or email to Sportcentrum Hoorn, attn. management, Holenweg 14a, 1624 PB Hoorn, contact@sportcentrumhoorn.nl (see also Article 14 of the general terms and conditions).

12. Sexual harassment

In this context, sexual harassment refers to unwanted/inappropriate sexual activities, or sexually suggestive behavior between visitors. Sexual harassment can occur in various ways. The behavior varies from sexual comments and propositions, unwanted touching, indecent exposure, sexual assault, rape, etc. If sexual harassment is reported, or if a person is caught doing so by staff, management will be called in immediately. The situation will be assessed and a decision will be made as to whether the police should be notified.

13. Denial

Visitors are responsible for complying with the internal regulations and the supervision plan, which are available for inspection at the Sports Center reception desk. The supervision plan is also part of the internal regulations. Individuals and/or groups who appear or are expected to disturb the peace and order may be denied access to the Sports Center. All visitors must behave in such a way as to ensure order, safety, and hygiene. In the event of misconduct, vandalism, theft, and/or violence by visitors toward employees and/or violence by visitors toward employees and/or third parties who are not employees, the management will determine the duration of the ban.