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GENERAL TERMS AND CONDITIONS ONEFIT UNLIMITED B.V.

Having its seat of business at Overschiestraat 182, 1062 XK Amsterdam

Registered with the Chamber of Commerce under number 64538044

Article 1. Definitions

In these General Terms and Conditions will be understood under:

  1. App : the mobile application and/or mobile Website of OneFit.
  2. Account : the personal overview page of a Member on the Website and/or App, which page is accessible after registration and after the Member has logged in on the Website or App.
  3. Activity : the lesson, location, workshop, individual or group training as well as each other activity or facility where to the Membership offers access.
  4. Proof of payment : the proof from which shows that a paid payment has been executed, for instance a bank or credit card statement.
  5. Member : the natural person that has registered an Account with OneFit.
  6. Member Card : the membership card which belongs to the Membership and with which access can be obtained to the Activities of Sports providers affiliated with OneFit.
  7. Membership : a membership with the name “OneFit Unlimited” that against periodic payment right is given to the use of the Activities of the affiliated Sports providers.
  8. OneFit : the private limited liability company under the Laws of the Netherlands, OneFit Unlimited B.V., having its seat of business at Overschiestraat 182, 1062 XK Amsterdam, registered with the Chamber of Commerce under number 64538044.
  9. Reservation : the registering for, recording or booking of Activities of Sports providers affiliated with OneFit via the Website or the App.
  10. Reservation : the making of a reservation via the Website and/or App.
  11. Sports provider : an enterprise affiliated with OneFit that offers Activities under the Membership.
  12. Terminal : the equipment connected via the Internet with the database of OneFit, which is located on the location of the Sports provider and with which after the scanning of the Member Card the access will be registered.
  13. Website : the website of OneFit which can be reached via http://onefit.nl.

Article 2. Applicability

  1. These General Terms and Conditions are applicable to the OneFit Unlimited Membership, as well as each participation to Activities and each use of the Account, the Website, the App or the Member Card by the Member.
  2. If one or more stipulations from these General Terms and Conditions prove to be invalid or not binding, then the other stipulations shall remain fully in force. The invalid or non-binding stipulations shall in that case be replaced by OneFit by new stipulations which as much as possible shall approach the objective and the tenor of the stipulations to be replaced.

Article 3. OneFit Unlimited

  1. OneFit Unlimited concerns a Membership whereby the Member, against payment of a fixed amount per 30 days, has access to the Activities of Sports providers such as stated on the Website or App.
  2. Per person one Membership can be applied for. It is therefore not possible to own several Memberships.
  3. Membership can be (re-)activated on each day of the month. The (re-)activation of the Membership takes place by the ordering via the App or Website of the Membership and the payment for the first term of 30 days. Payment takes place by means of iDeal or credit card.
  4. Members that solely shall make use of the App or that already have the disposition over a Member Card (and therefore do not apply for a Member Card), can direct after the (re-)activation make use of the Activities of Sports providers affiliated with OneFit. For these Members, the first period of 30 days starts immediately after the (re-)activation of the Membership.
  5. Members that wish to make use of the Member Card, the first period of 30 days starts on the first following day after receipt of the payment, if the payment has taken place on working days. In case of an order made in the weekend and whereby a Member Card has been ordered, the Membership starts on the first following Tuesday. This in connection with the sending of the Member Card.

Article 4. Offer and Activities

  1. The offer of Sports providers and Activities of which use can be made with the Membership can differ from time to time. This applies also for the available time and the number of lessons that is available for Members.
  2. The Membership solely gives right to the use of Activities of Sports providers within the Netherlands (therefore not abroad).

Article 5. Reservation of Activities

  1. The Membership offers Members the possibility to make use to a maximum of twice per day of an Activity with various Sports providers. Twice per day an Activity with the same Sports provider is therefore not permitted.
  2. The Member can place a reservation in advance for an Activity via the Website or the App. For some Activities it is necessary to make a reservation in advance to get access to the Activity. There are also Activities for which a reservation cannot or must not be made. In that case, the Member must report on location.
  3. Per period of 30 days, the Member may make use for a maximum of 4 times of an Activity of a Sports provider affiliated with OneFit. The Member may therefore make use 4 times of an Activity of one and the same Sports provider, irrespective of whether the Member chooses each time for the same or for another Activity.
  4. A Member can on any moment have a maximum of 5 reservations outstanding in his/her Account. A following reservation can only be made, when the Member has made use of a reserved Activity or when the Member cancels one of the reservations.
  5. If a Sports provider has several establishments, then for the assessment as to whether use is made of the same Sports provider the enterprise, not the location, will be decisive. Sporting twice per day with the same Sports provider, but on various locations, is therefore not permitted. The same applies for making use the 4 times per month of an Activity with a certain Sports provider.

Article 6. Cancellation of a reservation

  1. Each Sports provider establishes the term within which reservations for certain activities can be cancelled. In most instances, cancellation is possible no later than 2 hours before the start of the Activity. In other instances, cancellation is possible no later than 8 hours before a start.
  2. A Member must cancel a reservation no later than before the set term, if the Member is not able to make use of the Activity or wishes to make no use thereof. If the Member omits to timely cancel the reservation or does not show up, then the Member receives from OneFit a warning per e-mail.
  3. The first time that a Member does not timely cancel a reservation or does not show up, then OneFit brings no costs into account to the Member for this. Upon each subsequent time that the Member cancels too late or does not show up, then OneFit brings a no-show fee to the Member into account of € 10.00.
  4. On the moment that a Member is liable to pay the no-show fee, the Member can from that moment, make no further reservations anymore. Also, the Member can from that moment make no use anymore of the Membership until the moment that the Member has paid the no-show fee to OneFit. Made reservations shall be kept for no more than 24 hours. Should the no-show fee not have been paid within this term, then the outstanding reservations will be forfeit in order to prevent further no-show fees.

Article 7. Access to Activities

  1. The Membership is bound to one person and not transferable. The Member must therefore each time be able to identify himself at the Sports provider.
  2. Access to a certain Activity, the Member acquires by registering his participation in the App or by passing the Member Card along the Terminal. Because of this, the participation of the Member to the Activity will be registered. This process will be named hereafter: “check-in”.
  3. If the Member uses the App to check-in for a certain Activity, then there is no Member Card required and the Member will gain access to the Activity on the moment that the Member has checked-in via the App.
  4. If the Member makes no use of the App, then the Member must check-in with the Member Card. Without Member Card, it is not possible to gain access to an Activity. For the check-in with the Member Card, the same terms and conditions apply as for the check-in with the App.
  5. For some Activities, it is necessary to make an advance reservation to acquire access. Check-in for these Activities can therefore only if the Member has reserved in advance. Check-in can take place from 30 minutes before the start of the Activity until 5 minutes after the start.
  6. From 5 minutes after the start of the Activity, the Member cannot check-in anymore and a no show fee will be brought into account to the Member. Unless it is the first time that the Member did not check-in timely. In that case the Member receives a warning per e-mail.
  7. All Activities can be visited without additional payment. It can happen, that for use of materials, such as yoga mats, towels, boxing gloves etc., a small contribution will be asked. This will be stated on the Website and/or the App.
  8. The Member must no later than 15 minutes before the start of the Activity be present and ready in the correct clothing at the location of Sports provider where the Activity takes place. The Sports provider has the right to refuse Members that are not present on time, access to the Activity.

Article 8. House rules

  1. Members declare agree by the use of a OneFit Membership with the house rules of the visited Sports provider, under whichever name. The house rules are available for viewing in general on the location or can be found on the website of the concerned Sports provider.
  2. The Member shall in each case comply with the below (house) rules of OneFit, also if these are not explicitly mentioned in the house rules of the visited Sports provider:
    1. the Member must familiarise himself in advance with the house rules of the Sports provider, in particular the prescriptions regarding clothing and conduct and possible age requirements;
    2. the Member must follow up the instructions of the employee(s) and the management of the Sports provider;
    3. the Member must make in all instances a possible medical indication known in advance to the employee(s) or the management of the Sports provider;
    4. if the Member is not familiar with (certain) equipment, aids, exercises or activities, then the Member must make this known in advance, so that the employee(s) of the Sports provider can give clarification;
    5. the Member shall make no use of the Activities of the Sports provider if the Member is under the influence of drink, drugs or medication.
  3. The employee(s) and the management of the Sports provider have the right to request each Member, that does not comply with the applicable (house) rules and present General Terms and Conditions, to leave the concerned location or Activity, and if desired also exclude from future visits. The Member has in that case no right to refunding of payments that already have been made for the Membership. The Sports provider is required to inform OneFit about this, whereby OneFit has the right to exclude the Member in case of multiple violations from further use by blocking of the concerned App, the Account and the Member Card of the Member. The Member has in case of exclusion of visit or blocking of the App, the Account or the Member Card no right to entire or partial refunding of payments that already have been made for the Membership.

Article 9. Theft, loss, abuse or fraud

  1. If the Member suspects that the App, the Account or the Member Card is being used without his consent or if the Member loses his Member Card or when the Member Card is stolen or embezzled, then the Member must immediately notify OneFit via its Website, per e-mail: info@onefit.nl or by phone: 020 – 210 31 40. OneFit shall in that case block the App, the Account or the Member Card.
  2. If OneFit suspects that with an App, Account or Member Card is defrauded or an attempt thereto is undertaken, then the concerned App, Account or Member Card shall be blocked. The release in use of the Member Card to someone else (loan/share) or otherwise jointly make use of a Member Card, shall each time be regarded as fraud.
  3. OneFit can recover the costs that emerge by fraudulent or improper use from the Member.
  4. OneFit accepts no liability for damage that the Member suffers, which damage is the consequence of loss, theft, embezzlement or improper use of a App, Account or Member Card.
  5. OneFit is authorised to bring (administration) costs into account to the Member for replacement of the Member Card. Costs possibly brought into account to the Member shall each time clearly be indicated in advance by OneFit.

Article 10. Term for consideration

  1. OneFit offers new Members the possibility to dissolve the agreement within 14 days after the activation of the Membership, free of charge.
  2. If the Member within 14 days after activation of the Membership wishes to make use of this possibility, the Member must make this known via the Website, App or e-mail: info@onefit.nl to OneFit.
  3. OneFit shall refund the Member subsequently within 14 days with the proportional amount. If the Member has made no use of the Membership, the full amount of the invoice shall be refunded. If the Member however, has made use of the Membership, meaning: the Member has taken part to a minimum of one Activity, then the amount of the invoice shall be refunded proportional to the number of days after which dissolution takes place. If the Member dissolves after 10 days, then the amount of the invoice will be refunded, decreased with 10/30.
  4. The term for consideration is solely applicable for new Members, meaning: Members that activate the Membership for the first time. OneFit reserves the right to refuse Members or to terminate a Membership, if OneFit suspects that the concerned Member repeatedly makes use of the term for consideration (abuse).

Article 11. Duration and cancellation

  1. The Membership is a subscription that is concluded for unlimited duration and that can be cancelled each time against the end of the current period of 30 days in compliance with a notice period of 10 days.
  2. Cancellation takes place via the Website or App. If a Member omits to cancel the Membership timely and in compliance with the applicable notice period, then after expiry of 30 days again a new period of 30 days starts within which the Member can make use of the Membership.
  3. The Member can view in the Account on each desired moment how long the present period of 30 days still lasts.
  4. Irrespective of the moment of cancellation, in no case refunding takes place of already paid fees for the current period.
  5. The Membership can within a current period of 30 days not be paused, unless there is an instance of heavy weighing medical circumstances. The Member must present for this as soon as possible a medical declaration of a competent physician, after which the Membership shall be paused. On the moment that the Member indicates this, the Membership shall be activated again, because of which the remaining days can be used. Refunding for not used days is not possible.

Article 12. Prices and payment

  1. For the Membership, the Member is liable to pay each time per 30 days a fixed compensation to OneFit. OneFit reserves the right to introduce price changes on a term of 60 days. OneFit shall notify the Member in writing of a planned price change. If a Member does not wish to agree with a planned price change, then the Member must cancel the Account before the date in which the price change enters into force and in compliance with applicable agreements concerning cancellations that have been included in these General Terms and Conditions.
  2. Payment for the Membership is only possible by means of payment with credit card or iDeal via the Website or App. At the payment of the first term, the Member gives until further cancellation permission to OneFit for direct debit of the subsequent terms. The direct debit of due terms takes place each time per 30 days and at the beginning of the term to which the payment relates.
  3. If the instalment could not be debited, for instance because there is an insufficient balance on the stated bank account on the moment of debiting or because the Member has stated incorrect payment data, as well as in the case that a Member recounts the payment for a period, the further use of the Membership will be blocked. The Member can after all pay via the Account the due costs for the Membership and possibly choose an alternative payment manner. The Member remains however liable to pay all appeared term payments until the moment that the Membership is cancelled in accordance with the terms and conditions.
  4. Members can change the payment method in the Account. To a change of payment method, administration costs of € 0.50 are connected. Changes shall be effective at the first following payment period, in compliance with a term of one week.
  5. The Member receives each time per period a digital invoice in the Account.

Article 13. Promotions and discount for friends

  1. OneFit frequently offers promotions for new Members whereby a discount applies for the first month(s) of the Membership. These promotions are not available for existing Members and refunding or compensation because of not used or missed promotions is not possible.
  2. OneFit Members receive a unique personal friends’ link that can be shared with friends, acquaintances and family via e.g. e-mail, Facebook or Twitter. Anyone that registers via this friends’ link for the Membership receives a one-time discount of € 20.00 on the first term. The Member whose friends’ link is used, receives as thanks for the introduction of a new Member a discount for friends of € 10.00. This discount for friends will be settled with the payment of the first following period.
  3. The discount for friends will be processed automatically and is only applicable if the introduced Member was not yet registered earlier with OneFit as a Member. An introduced Member can use only one friends’ link; if several friends’ links have been received, then the discount will only be allocated to the Member connected to the friends’ link used for the registration. This discount cannot be combined be with other discounts and promotions.
  4. The maximum discount for friends that a Member can receive per term of 30 days, is the height of one term payment for the Membership. The compensation will never be paid out in cash, but shall each time be used as a reduction on the term payment.
  5. The discount for friends will be settled after the new Member has paid the first term and only if the Membership will not be terminated direct after the first term. If the Membership is cancelled or dissolved by the introduced Member during the first period, then the discount for friends will be forfeit.

Article 14. Use of the Website and App

  1. Members can write after each Activity a review, which will be placed on the Website and/or App. Affronting, gross or otherwise unsuitable reviews will be removed by OneFit.
  2. The Website and the App contain social elements that enable Members to enjoy exercising together. Members can look for other Members and get in contact with each other. Members that have entered into contact with each other, can view each other’s reservations and send each other invitations to take part in certain Activities.
  3. On the Website and the App, with the Sports providers, reviews will be displayed and with the available Activities it will be stated which Members have reserved these Activities. At these statement, the name and the profile picture of Members will be displayed. If the Member wishes to be not visible, then in the Account the setting 'anonymous' must be selected.
  4. The uploading of a profile photo in the Account is obligatory. This profile photo will be used for the identification of Members by the Sports providers at the check-in. The profile photo must be authentic, personal and recognisable. In case a profile photo does not meet these requirements, then the Sports provider or OneFit shall point the Member to this. In that case, the Member must upload a new profile photo via the Website or App. If the Member does not modify the profile photo in accordance with the set guidelines, after having been advised to do so, then OneFit and the Sports provider reserve the right to refuse the Member to take part in Activities.

Article 15. Removal Account

When a Member activates the Membership, then an Account for the Member is created. When the Membership ends, then the Account of the Member remains stored. If the Member wishes that his/her Account will be removed from the systems of OneFit, then the Member must hereto submit a request in writing per e-mail with OneFit.

Article 16. Regulation of complaints

  1. The Member concludes directly an agreement with OneFit concerning the use of the Membership. OneFit has, in its turn, concluded agreements with Sports providers with regard to the access to the Activities of Sports providers. By the mere making use of the Membership or the Activities of a Sports provider, the Member does not enter into an agreement with the Sports provider.
  2. In case of complaints, the Member can turn each time to OneFit. In addition, the Member can turn to OneFit in case of a dispute with a Sports provider or with questions about refunding subscription fees.
  3. Complaints with regard to Sports providers, the services or products of OneFit, the use of the App, the Account, the Website or the Member Card must as soon as possible be reported in writing or via e-mail to the Customer Service of OneFit.
  4. The correspondence address of the Customer Service of OneFit is: Overschiestraat 182, 1062 XK Amsterdam. The e-mail address is: info@onefit.nl. In case of urgent matters or if direct consultation is desired, during office hours (9.00 to 18.00) also contact by phone can be sought via phone number 020 – 210 31 40.
  5. Complaints can be reported no later than 15 days after the incident. Members are requested to describe a complaint clearly and to send along possible proof. OneFit shall make an effort to resolve each complaint as soon as possible and to satisfaction.

Article 17. Privacy

  1. OneFit observes the requirements and guidelines for careful acting such as described in the Dutch Law Protection Personal data. Members declare to agree with the storage of use data and personal information by OneFit.
  2. OneFit is authorised to use the personal data stored by it for the execution of the Membership and for marketing-purposes.
  3. OneFit uses the personal data of the Member solely for the own conduct of enterprise and does not make this data available to other parties.
  4. The Member agrees to receive via e-mail and social media or in another manner (for instance a message via the App) relevant news and offers of OneFit. The Member can deregister via the Account for each of these information facilities.
  5. OneFit makes on its Website use of cookies, for a complete use of Website of OneFit, permission of the Member for this is necessary.

Article 18. Liability

  1. The liability of OneFit only goes as far as the correct execution of agreements concluded by it, more in particular the Membership.
  2. In case of an imputable shortcoming of OneFit in the compliance with its obligations deriving on the basis of an agreement concluded with the Member; OneFit is only required to compliance after all with the obligations for OneFit from the agreement with Member as well as the payment of a compensation proportional to the period in which Member as a consequence of this imputable shortcoming has not been able to make use of the services of OneFit. The height of this compensation shall in all instances be limited to a maximum of the amount that the Member has paid during this period to OneFit on the basis of the agreement concluded between parties.
  3. Except for in case of wilful intent or conscious recklessness of OneFit or its subordinates, the liability of OneFit for damage, both direct and indirect, on the basis of any agreement or delivery of goods or services, including among others the use of the Member Card, is excluded.
  4. OneFit accepts no liability for damage, both directly and indirectly, that the Member suffers, before, during or after or as a consequence of a visit to a location and/or participation to an Activity of a Sports provider, including injury damage or damage as a consequence of loss of income. Use of the Activities offered by affiliated Sports providers is explicitly for the own risk of the Member.

Article 19. Changes and location

  1. OneFit has the right to change these General Terms and Conditions on each desired moment.
  2. Unless stated otherwise, the changed terms and conditions enter into force 30 days after notification to the Member. The changed terms and conditions come in the place of the previous version of the General Terms and Conditions. If the Member does not wish to accept the new terms and conditions, then the Member is authorised to cancel the agreement with OneFit against the date on which the changed terms and conditions enter into force. Cancellation on the basis of these stipulations takes place in writing per e-mail to: info@onefit.nl.
  3. The latest new version of the General Terms and Conditions are available on the Website of OneFit. In addition, these terms and conditions have been filed with the Chamber of Commerce. Upon request, OneFit will send the Member free of charge a copy of its General Terms and Conditions.

Article 20. Applicable right and choice of court

  1. The Laws of the Netherlands are applicable to all relations between the Member, the Sports provider and/or OneFit.
  2. All disputes that cannot be resolved according to the complaints procedure of article 16, and which emerge further to an agreement to which these General Terms and Conditions are applicable in whole or in part, or further to other agreements which derive from such an agreement, shall be resolved by the competent court in the court district in the seat of business of OneFit, unless a mandatory stipulation of the law objects hereto. This leaves unaffected, that OneFit can agree with the Member or the Sports provider to let the dispute be resolved by means of independent arbitration.