1.1. In these general terms and conditions, the following terms are used with the meanings given, unless expressly stated otherwise or context indicates otherwise:
a. Physicum: the user of these general terms and conditions: Physicum registered with the Chamber of Commerce under registration number 75229374;
b. agreement: the agreement between Physicum and the client;
c. client: the natural person entering into an agreement with Physicum;
d. training: the (personal) training session provided by Physicum;
e. personal trainer: the natural person providing the training on behalf of Physicum.
2.1. The general terms and conditions mentioned here apply to every agreement between Physicum and the client.
2.2. Any deviations from these general terms and conditions are only valid if agreed upon in writing or via email.
2.3. If, for certain subjects regulated by these general terms and conditions, deviating provisions are agreed upon, these general terms and conditions remain in force for the rest of the agreement. Agreed deviations apply never to more than one agreement.
2.4. If one or more provisions in these general terms and conditions are void or declared invalid, the other provisions in these general terms and conditions remain fully applicable. Physicum will replace the void or invalid provisions, taking into account the purpose and scope of the original provision(s) as much as possible.
2.5 These conditions apply to the services of Physicum and govern the legal relationship between Physicum and the member.
2.6 Physicum has the right to change the conditions applicable to the agreement. Physicum will inform the client in a timely manner. The changes take effect one calendar month after the announcement, unless a different statutory term is required, in which case it will be applied. If the client does not wish to accept a disadvantageous change, he can terminate the agreement from the date the new conditions come into effect. The oral termination must be received by Physicum before the effective date of the change.
3.1. All offers and quotations are non-binding unless otherwise indicated.
3.2. Offers or quotations are not automatically valid for future agreements.
3.3. Obvious errors or mistakes in publications, agreements, email messages, and quotes from Physicum do not bind Physicum.
3.4. Stated rates include VAT.
4.1. The agreement is concluded orally.
4.2. Each agreement is strictly personal and can only be transferred with the consent of Physicum.
4.3. In the case of minority, a signature or oral declaration of a parent or guardian is required.
5.1. The following cancellation conditions apply to every client, regardless of the agreement entered into:
a. Sessions must be completed within the period of 3, 6, or 12 months.
b. Upon agreement, the duration can be postponed in case of illness/injuries/vacation. This is always at the discretion of Physicum and will be determined on a case-by-case basis.
c. A maximum of 1 session per week can be rescheduled.
d. Cancellation is possible up to 24 hours in advance; the session can then be rescheduled by mutual agreement if a suitable time can be found.
e. Sessions canceled within 24 hours cannot be rescheduled and are the responsibility of the client.
f. In duo-training, no refund will be provided for individuals who cannot attend.
5.2. Cancellation can be done in the following ways:
a. Via a telephone call;
b. Through an SMS message;
c. Via a WhatsApp message;
d. Via email to firstname.lastname@example.org.
6.1. In case of the personal trainer's vacation or illness, we will seek a replacement. If preferred, the training sessions will be postponed. In the event that the client purchases a package of 3, 6, or 12 months, the package's duration will be extended by the time the personal trainer is on vacation or sick.
6.2. If the personal trainer is ill, the client will be notified as soon as possible through a telephone call, SMS message, email, or WhatsApp message.
6.3 In case of force majeure (e.g., due to government measures), Physicum is not obliged to provide any form of compensation for canceling appointments.
6.4. If Physicum cannot continue the service for a longer period due to force majeure, initially, a replacement will be sought. If this is reasonably not possible, Physicum is not obliged to fulfill the agreement, and the agreement will be terminated. Already paid sessions will be refunded.
6.5. The client understands that appointments will start and end exactly at the scheduled time and place and acknowledges that delays in starting a scheduled appointment are not a reason to extend the service beyond the remaining duration of the scheduled time.
7.1. Physicum is normally open throughout the year, except for certain public holidays. On other officially recognized public holidays, as well as unofficial holidays and during the school vacations of primary schools, opening hours and class schedules may be changed.
7.2. Trainings that would normally take place on one of the days mentioned in article 7.1 can be rescheduled or postponed.
7.3 Physicum is authorized to close all or part of the location temporarily or permanently during general, recognized public holidays, and/or school vacations.
7.4. Physicum is authorized to temporarily or permanently change the opening hours of (or parts of) the location.
8.1. Physicum is obliged to fulfill its obligations to the best of its ability and with due care and expertise. Physicum does not guarantee that the intended result will be achieved with its activities. Success depends on the client's commitment.
8.2. Physicum determines the manner in which and by whom the agreement is executed.
9.1. The client ensures that all data, indicated by Physicum as necessary or which the client reasonably should understand is necessary for the execution of the agreement, are available in a timely manner.
9.2. The data and information provided by the client to Physicum must be complete and contain no inaccuracies and/or falsehoods.
9.3. The client must refrain from behaviors that make it impossible for Physicum to properly execute the agreement.
9.4. The client is obliged to inform Physicum immediately about facts and circumstances that may be relevant to the execution of the agreement.
9.5. During training, the client must wear suitable sportswear and sports shoes.
9.6. The client is obliged to follow the instructions of Physicum during the training.
9.7. The client must report health complaints before the start of training to Physicum.
9.8. The client declares that he is healthy and physically capable of participating in the training and following Physicum's instructions. If the client doubts this, he must first consult a doctor before starting the training.
9.9. The client must stop training in case of pain, illness, and/or condition of which the client reasonably should understand that continuing the training could be harmful to his health.
9.10. If the client considers himself unsuitable for training, the client must consult with Physicum before the start of the training.
9.11. The client is responsible for his own health and must bear the costs himself if an injury occurs during or after training.
9.12. The client is obliged to behave properly in and around the location.
9.13. The client must ensure that he arrives at the location 5 minutes before the start of the training and leaves the location no later than 5 minutes after the end of the training.
9.14. The client is obliged to report changes to his personal data to Physicum in writing or via e-mail.
10.1. The agreed prices are binding and include VAT.
10.2. Physicum has the right to adjust its prices annually on the 1st of January.
10.3. If the client has not paid the amount due within the agreed term, he is in default by operation of law, without any further notice of default being required.
10.4. The client is obliged to pay the amount due to Physicum within the agreed term.
10.5. Physicum has the right to suspend its services if the client is in default with the payment of the amount due to Physicum.
10.6. All judicial and extrajudicial costs, including the costs of lawyers, bailiffs, and collection agencies, are at the expense of the client.
10.7. Payments made by the client always serve to settle all due interest and costs, and subsequently, to settle payable invoices that have been outstanding for the longest period, even if the client states that the payment relates to a later invoice.
10.8. Payments made by the client are credited to settle the oldest outstanding invoices, regardless of any statement made by the client regarding the settlement of the payment.
11.1. Physicum is authorised to dissolve the agreement or suspend the performance of the agreement if the client does not comply with the obligations under the agreement.
11.2. Furthermore, Physicum is authorised to dissolve the agreement if circumstances arise which are of such a nature that the performance of the agreement is impossible or can no longer be required according to standards of reasonableness and fairness or if other circumstances arise which are of such a nature that the unchanged maintenance of the agreement can no longer reasonably be expected.
11.3. The client is authorised to terminate the agreement at the end of the month with a notice period of one month via email@example.com.
12.1. Physicum cannot be held liable for any damage which is a direct or indirect result of:
a. an event, which is in fact beyond its control and thus cannot be attributed to its acts and/or omissions, as described among others in article 13.2;
b. any act or omission of the client, such as, but certainly not limited to, not having adequate health or fitness, overestimation of own abilities and ignoring instructions.
12.2. Physicum is not liable for damages of any kind due to the fact that Physicum relied on incorrect and/or incomplete data provided by the client.
12.3. Participation in the activities during the training is entirely at your own risk. The client is personally liable for all damage caused to himself or third parties during the training. Physicum can never be held liable for any injuries, wounds, broken bones or other physical injury or mental harm caused during the training or caused by following the training advice or instructions given by Physicum. The costs arising from any accident or injury sustained during the training shall be borne entirely by the client.
12.4. The client must at all times behave in accordance with the instructions and rules of conduct given by Physicum. If the client refuses to follow these instructions or rules, the client is responsible for any resulting damage. Physicum is not liable if the client suffers damage in any other way and this damage is due to the failure to follow verbal or written instructions or the physical or mental condition of the client.
12.5. Physicum can never be held liable for damage, loss, theft or loss of property of the client on the premises where the training/treatment takes place.
12.6. Each agreement is subject to an obligation of effort on the part of Physicum and on the part of the client. Physicum cannot be held liable for the client not achieving a certain desired result.
12.7. Physicum accepts no liability to the client for indirect or consequential damages.
12.8. If Physicum should be liable for any damage, Physicum's liability is limited to the amount paid out by Physicum's insurer. If in any case the insurer does not pay out or the damage is not covered by the insurance, the liability of Physicum is limited to the amount paid by the client to Physicum for the performance of the agreement.
12.9 Physicum shall not be liable for damage resulting from incorrect and/or incomplete information provided by or on behalf of the client.
13.1. Physicum is not obliged to fulfill one or more obligations under the agreement if there is a case of force majeure.
13.2. Force majeure includes, among other things: an unavoidable failure of third parties involved, virus infection and computer intrusion by third parties, illness of the personal trainer, traffic disruptions, traffic accidents, weather conditions, natural disasters, internet failure, power outage, fire, theft, government measures, as well as any other situation over which Physicum cannot (decisively) exercise control.
14.1. Both parties are obligated to maintain confidentiality regarding all confidential information obtained from each other or from another source in the context of their agreement. Information is considered confidential if it has been disclosed by the other party or if it arises from the nature of the information. The party receiving confidential information shall only use it for the purpose for which it was provided.
14.2. Physicum processes personal data in accordance with the GDPR.
14.3. The physiotherapists are obligated to maintain confidentiality regarding any secret they know or reasonably suspect they are obliged to keep due to their task or profession (Article 16 confidentiality).
15.1. Physicum processes the member's personal data within the framework of applicable laws and regulations regarding the protection of personal privacy, especially the Personal Data Protection Act, in a manner and for the purposes as described below.
15.2. Physicum processes personal data for purposes such as invoicing, accounts receivable administration, handling complaints and dispute resolution, preventing, detecting, and combating fraud and irregularities, for market research, and commercial purposes such as sales activities related to Physicum's services and/or services of third parties related to Physicum's services.
15.3. The member has the right to access, correct, and object to the processing of their personal data. Physicum may charge fees for access and/or making corrections and/or for handling objections up to the legal maximum. The client can object to the processing of their personal data and request access, correction, and objection to Physicum.
16.1. All intellectual property rights to training and publications developed by Physicum remain with Physicum.
16.2. Without prior consent from Physicum, it is not allowed to make recordings in image and/or sound of the training.
17.1. Changes in the member's personal situation (e.g., address or bank details) must be reported to Physicum immediately in writing.
17.2. In case of failure to report these changes in a timely manner, and when Physicum incurs costs to obtain the new (personal) data, these costs will be charged to the client.
17.3. In case of complaints regarding Physicum, the client should first contact their head trainer.
18.1. The client is familiar with the house rules applied by Physicum. These house rules are present in the club and are stated on Physicum's website. The client is obliged to adhere to these house rules.
18.2. Physicum reserves the right to deny or revoke access to individuals whose behavior gives cause for it at any time.
19.1. Dutch law exclusively applies to all rights, obligations, offers, and agreements to which these general terms and conditions apply.
19.2. All disputes between the client and Physicum arising from or in connection with the agreement will be exclusively settled by the competent court in Amsterdam, to the exclusion of any other.
19.3. If any of the above provisions is invalid or illegal, this does not affect the validity of the other provisions.