Terms and conditions

In these terms and conditions, the following definitions apply:

• Blaricum's Fit Boutique: Blaricum's Fit Boutique B.V., established and having its office at Meentweg 37F (1261 XS) in Blaricum, registered with the Chamber of Commerce under number 81268041, which offers the opportunity to use its facilities in its sports centre.
• the Member: legal entities, associations of persons and natural persons who have concluded an agreement with Blaricum's Fit Boutique to use, or have others use, the facilities in the sports centre of Blaricum's Fit Boutique, or natural persons who use the facilities in the sports centre of Blaricum's Fit Boutique on the basis of such an agreement.
• Membership Agreement and Agreement: the agreement between Blaricum's Fit Boutique and the Member that sets out the arrangements between the parties on how the Member can use the facilities in the sports centre of Blaricum's Fit Boutique.
• Start Date: the date on which the membership starts, as entered on the Membership Agreement.

These terms and conditions apply to the formation, performance and termination of every Membership Agreement.

You can become a member of Blaricum's Fit Boutique by fully completing and signing the digital Membership Agreement:

(a) on the website of Blaricum's Fit Boutique (www.blaricumsfitboutique.nl); or

(b) at the Blaricum's Fit Boutique location, via the digital registration system on a tablet or computer provided for this purpose.

The Membership Agreement is concluded at the moment the Member has signed the Membership Agreement. When collecting the club card, the Member identifies themselves with a valid proof of identity.

Young people under the age of 16 cannot become a Member. Young people aged 16 and 17 can only become a Member with the approval of Blaricum's Fit Boutique. In that case, the Membership Agreement is co-signed by a parent or guardian, who is jointly and severally liable with the Member for the payment obligations under the Agreement.

Regardless of whether registration took place via the website or at the location, the Member has the right to withdraw from the membership, i.e. to revoke the Membership Agreement, within 14 days of the day on which the Membership Agreement was signed, without giving any reason. The Member can exercise this right of withdrawal via the withdrawal function on www.blaricumsfitboutique.nl, via the model withdrawal form, at the reception desk at the location or in any other unambiguous way, for example by email. Creating an account is not required for this. Blaricum's Fit Boutique will send the Member an acknowledgement of receipt of the withdrawal without delay to the email address provided by the Member.

If the 14th day falls on a weekend or a nationally recognised public holiday, the 14-day period runs until the end of the next working day.

If the Member has expressly requested that the membership start within the cooling-off period and then revokes the Agreement within the cooling-off period, the Member owes an amount proportional to the membership fee for the period from the Start Date until the moment of withdrawal. If the Member has not requested an earlier start, no membership fee is owed upon withdrawal. Blaricum's Fit Boutique will refund any amounts paid in excess within 14 days of the withdrawal.

If the maximum number of members has been reached, the membership may be refused or cancelled within seven days of signing the Membership Agreement. If desired, the person concerned can be placed on a waiting list. Whether the maximum number of members has been reached is at the sole discretion of Blaricum's Fit Boutique.

Changes in the Member's personal situation and in the details the Member provided on registration, including address or bank details, must be passed on to Blaricum's Fit Boutique by email immediately (info@blaricumsfitboutique.nl). If the Member does not pass on such changes in time and Blaricum's Fit Boutique has to incur costs to trace the new details, Blaricum's Fit Boutique has the right to charge these costs to the Member.

When taking out the membership, the Member is required to purchase a Blaricum's Fit Boutique club card. The club card costs a one-off € 10. No deposit applies.

The club card remains at all times the property of the Member who purchased it when taking out the membership. The club card is not transferable.

The Member remains at all times responsible and liable for the use and/or misuse of the club card.

In the event of loss, theft or other misplacement of the club card, the Member reports this to Blaricum's Fit Boutique immediately, after which the club card is blocked for access to the location. The Member's payment obligation remains in full force.

After loss or theft, the club card can be replaced free of charge at the Member's request.

The Member is only granted access to the location of Blaricum's Fit Boutique on presentation of a valid club card. The Member must be able to identify themselves, and Blaricum's Fit Boutique is entitled to ask the Member for identification.

Blaricum's Fit Boutique may at any time refuse or deny a Member access if their behaviour gives reason to do so.

Blaricum's Fit Boutique determines the opening hours during which the Agreement can be used. The opening hours are listed on www.blaricumsfitboutique.nl.

Blaricum's Fit Boutique is entitled to close its location in whole or in part during generally recognised public holidays and school holidays.

Blaricum's Fit Boutique is entitled to change the opening hours of its location temporarily or permanently.

Blaricum's Fit Boutique is entitled to close its location (in part) for repair and maintenance work. If a closure under this article lasts longer than 14 consecutive days, the membership is extended free of charge by the duration of the closure. Membership fees are not refunded.

If Blaricum's Fit Boutique is unable to open its location in whole or in part due to force majeure, for example due to government measures, a pandemic, fire, flooding or a utility outage, the Member is compensated in time: the membership is extended free of charge by the duration of the closure. In that case, membership fees are not refunded.

An Agreement with Blaricum's Fit Boutique is entered into for the type and duration set out in the Membership Agreement. If the Member does not cancel the membership no later than one month before the end date of the initial contract term, in accordance with article 8, the membership is automatically extended for an indefinite period. If the initial contract term is longer than twelve months, the Member may cancel the Agreement at any time after the first year with a notice period of one month.

The membership starts on the Start Date, as entered on the Membership Agreement. The Start Date is not before the date of signing and no later than one month thereafter. The Member owes the membership fee from the Start Date.

The membership fee owed depends on the chosen type and duration of the Agreement and is set out in the Membership Agreement. Payment of the membership fee and of additional costs, including the fees for late cancellation and no-shows under article 7.4, is made by SEPA direct debit, unless agreed otherwise. By signing the Membership Agreement, the Member authorises Blaricum's Fit Boutique to debit the membership fee and these additional costs from their account.

The membership fee is paid in advance in one go or paid in advance in monthly instalments. If no choice has been made, payment in advance in monthly instalments applies. All amounts are due and payable in advance.

If Blaricum's Fit Boutique does not receive amounts owed on time, for whatever reason (for example a reversal or insufficient balance), the direct debit will be presented again. If the Member, even after having been given notice of default with a period of fourteen days to pay the amount owed and stating the consequences of non-payment, does not meet the payment obligation, the Member is in default and extrajudicial collection costs will be charged.

From that moment, Blaricum's Fit Boutique is also entitled to hand the claim over for collection. In that case, the Member is obliged to pay the full claim due, including the extrajudicial collection costs, in one go. As long as the initial contract term is running, Blaricum's Fit Boutique may in addition claim the instalments remaining until the end of the initial contract term in one go. After extension for an indefinite period, at most the instalments for the one-month notice period may be claimed in one go.

Blaricum's Fit Boutique has the right to index its rates for current Agreements annually as of 1 January on the basis of the consumer price index (CPI) of Statistics Netherlands (CBS), up to a maximum of 5%. Blaricum's Fit Boutique announces the indexation by email at least one month before it takes effect. If the Member is a natural person, Blaricum's Fit Boutique may only exercise this power once three months have passed since the Agreement was concluded.

If the Member does not make use of the Agreement, the membership fee will not be refunded.

Blaricum's Fit Boutique has the right to adjust the group class facilities from time to time. This includes (temporarily) offering an adjusted group class timetable, adjusting the number of hours and times at which group classes are given, the types of group classes and their content, the materials used and cancelling one or more group classes. These adjustments or cancellations do not entitle the Member to a refund of the membership fee or early termination of the Agreement, except as follows. If a class type permanently disappears from the offering and that class type was an essential part of the Member's membership, the Member may cancel the Agreement early with a notice period of one month. The current group class offering is listed on www.blaricumsfitboutique.nl.

The group classes have a limited number of participants per class. Once the maximum number of participants has been reached, no further participants will be admitted. First come, first served applies, at the discretion of the person teaching the group class.

A booked group class can be cancelled free of charge up to 1 hour before the start of the class via the booking app or the website of Blaricum's Fit Boutique.

The following fees apply to booked group classes:

• Late cancellation: if the Member cancels a booked group class within 1 hour before the start of the class, the Member owes a fee of € 2.50 per class.
• No-show: if the Member does not attend a booked group class without cancelling, the Member owes a fee of € 5.00 per class.

These fees apply regardless of the type of membership, including an unlimited membership.

The fees under article 7.4 are additional costs as referred to in article 6.3. Blaricum's Fit Boutique informs the Member by email of the date and time of the class concerned and the amount. The Member may object by email within 14 days of this notification; Blaricum's Fit Boutique will assess the objection before the debit. The fee is collected by SEPA direct debit with the first direct debit after the objection period has ended.

No fee under article 7.4 is owed if the Member was unable to cancel in time or to attend the class due to force majeure. Force majeure means an unforeseen circumstance for which the Member is not to blame, such as:

• sudden illness or injury of the Member;
• an acute medical emergency or hospital admission of the Member or of a partner, child or parent of the Member;
• the death of a loved one;
• a traffic accident or serious, unforeseen traffic or transport disruption on the way to the class;
• a malfunction in the booking app or website of Blaricum's Fit Boutique that made it impossible to cancel in time.

The Member reports the force majeure by email (info@blaricumsfitboutique.nl) within 48 hours of the start of the class and makes it plausible. Medical details or a diagnosis do not need to be provided. Blaricum's Fit Boutique assesses reasonably whether force majeure applies. Blaricum's Fit Boutique may also waive the fee in other special circumstances.

The Agreement can be cancelled by the Member and by Blaricum's Fit Boutique no later than one month before the end date of the initial contract term.

If the Member does not cancel the Agreement no later than one month before the end date of the initial contract term, the Agreement is automatically extended for an indefinite period. The Member and Blaricum's Fit Boutique are then entitled to terminate the Agreement with a notice period of one month from the day of cancellation. Example: if the membership is cancelled on 10 July, the end date of the Agreement is 10 August.

The Member can cancel online via the cancellation form on www.blaricumsfitboutique.nl, by email (info@blaricumsfitboutique.nl) or with the staff of Blaricum's Fit Boutique by completing a form. Cancelling by phone is not possible. When cancelling, the Member states their full name, date of birth and address details. Blaricum's Fit Boutique confirms the cancellation without delay in writing or by email, stating the date on which the membership ends.

If an Agreement extended for an indefinite period is cancelled by the Member, Blaricum's Fit Boutique refunds any amount paid in advance in excess. The rate owed for the period up to the termination is recalculated to the amount that would have been owed with payment in instalments; the financial advantage of annual payment therefore lapses.

Suspension (freezing) of the membership is not possible, except as provided in article 8.7.

If the Member moves to a municipality where there is no Blaricum's Fit Boutique location, the Member is entitled to terminate the Agreement early from the moment of moving, with a notice period of one month from the day of cancellation. The Member provides an official document showing that the Member is registered in that municipality.

If, due to illness or injury, the Member is unable to use the Agreement for a period of more than one month and demonstrates this with a statement from a doctor or physiotherapist, the membership is suspended for that period, up to a maximum of six months. No membership fee is owed for the period of suspension. The initial contract term is then extended by the duration of the suspension. The statement does not need to include a diagnosis.

If, due to illness or injury, the Member is permanently unable to use the Agreement and demonstrates this with a statement from a doctor or physiotherapist, the Member is entitled to terminate the Agreement early with a notice period of one month from the notification. The statement does not need to include a diagnosis.

The Member can buy out the initial contract term by repaying the price advantage enjoyed. This price advantage is the difference between the monthly membership fee of the shortest-running membership and that of the chosen membership, multiplied by the number of months taken. After the buy-out, the Agreement ends with a notice period of one month. The Member receives an invoice for the buy-out amount, which must be paid within fourteen days of the invoice date.

Blaricum's Fit Boutique is entitled to deny the Member access to the location and to terminate the Agreement in the event of: (a) repeated violation of the house rules, after a written warning; (b) aggression, intimidation, discrimination or other inappropriate behaviour towards staff or other members; (c) theft, vandalism or fraud, including misuse of the club card; (d) serious or repeated breach of contract by the Member, other than payment arrears (see article 8.11). In the cases under (b) and (c), termination may take effect immediately and without prior warning. In the event of termination under this article, Blaricum's Fit Boutique refunds the membership fee paid in advance for the period after termination, without prejudice to its right to compensation for damage suffered.

If the Member does not meet their payment obligations and, after notice of default in accordance with article 6.5, leaves payment arrears outstanding, Blaricum's Fit Boutique may terminate the Agreement with immediate effect. The Member remains liable for the claim outstanding at that moment. If the termination takes place during the initial contract term, Blaricum's Fit Boutique may in addition collect (or have collected) the instalments remaining until the end of the initial contract term in one go. After extension for an indefinite period, at most the instalments for the one-month notice period are also owed.

If Blaricum's Fit Boutique ends its business, or for whatever reason can no longer use the premises in which the sports centre is located, Blaricum's Fit Boutique may cancel the Agreement early with a notice period of one month. Any remaining membership fees paid in advance will in that case be refunded to the Member.

Practising sport involves risks. Taking part in activities and using the facilities of Blaricum's Fit Boutique is at the Member's own risk, without prejudice to the provisions of article 9.4.

The Member follows the instructions of Blaricum's Fit Boutique and of the persons working for it or on its behalf.

The Member reports medical contraindications for exercise to Blaricum's Fit Boutique. If the Member is not familiar with one or more machines or facilities, the Member makes this known to Blaricum's Fit Boutique so that an explanation can be given. The Member is not permitted to use machines or facilities they are not familiar with. Blaricum's Fit Boutique advises the Member to have a sports medical examination carried out regularly, especially in case of doubt about their own health.

Blaricum's Fit Boutique is not liable for damage the Member suffers while exercising, unless the damage is the result of a shortcoming or unlawful act of Blaricum's Fit Boutique or of the persons working for it or on its behalf. If Blaricum's Fit Boutique is liable, that liability is limited to the amount paid out in the case concerned by its liability insurance, plus the excess. If the insurance does not pay out, the liability is limited to the membership fee the Member has paid over the last twelve months. These limitations do not apply in the event of intent or gross negligence on the part of Blaricum's Fit Boutique or of the persons working for it or on its behalf.

The Member is liable for damage they cause through their own actions to Blaricum's Fit Boutique, its staff, other members or third parties, including damage to equipment and fixtures through careless or improper use.

Blaricum's Fit Boutique is not liable for damage to, loss or theft of the Member's belongings, including in the changing rooms, unless there is intent or gross negligence on the part of Blaricum's Fit Boutique or of the persons working for it or on its behalf. The Member is advised not to bring valuables.

In the event of complaints relating to Blaricum's Fit Boutique, the Member first contacts the club manager of Blaricum's Fit Boutique, preferably by email (info@blaricumsfitboutique.nl). Blaricum's Fit Boutique responds to the complaint within 14 days of receipt. If handling requires more time, the Member receives an acknowledgement of receipt within that period with an indication of when a substantive response will follow.

Blaricum's Fit Boutique processes the Member's personal data within the framework of the applicable laws and regulations on the protection of privacy, in particular the General Data Protection Regulation (GDPR).

Blaricum's Fit Boutique processes the Member's personal data that is necessary for the performance of the Agreement, such as name, address, contact and payment details. Health data, such as medical contraindications (article 9.3), InBody measurements and data for nutritional advice, is only processed with the Member's separate, explicit consent. The Member may withdraw this consent at any time. More information can be found in the privacy statement on www.blaricumsfitboutique.nl, which is also available on request.

Camera surveillance takes place in and around the location of Blaricum's Fit Boutique to protect people and property, to promote safety and for insurance and evidence purposes. Signs indicate the camera surveillance. There are no cameras in the changing rooms, showers and toilets. Camera footage is not kept longer than necessary, in principle for a maximum of four weeks, unless it is needed to handle an incident.

Blaricum's Fit Boutique only uses photos or videos in which the Member is recognisable for the website, social media or other promotional material if the Member has given separate prior consent for this. The Member may withdraw this consent at any time.

These terms and conditions and all agreements entered into by or with Blaricum's Fit Boutique are governed exclusively by Dutch law.

Disputes arising from the Agreement or further agreements between the Member and Blaricum's Fit Boutique are submitted to the court with jurisdiction under the law.

By signing the Membership Agreement, the Member declares that they accept these terms and conditions and the house rules of Blaricum's Fit Boutique and will act accordingly.

These terms and conditions and the house rules of Blaricum's Fit Boutique can be found on www.blaricumsfitboutique.nl and requested at the reception desk of Blaricum's Fit Boutique.

These terms and conditions, together with the Agreement, govern the legal relationship between Blaricum's Fit Boutique and the Member.

By signing the Membership Agreement, the Member confirms having taken note of these terms and conditions and the house rules of Blaricum's Fit Boutique.

In the case of special promotions, Blaricum's Fit Boutique may declare additional promotional terms applicable.

Blaricum's Fit Boutique is entitled to amend these terms and conditions and will inform the Member of this in good time. The amendments take effect one calendar month after announcement, unless a different statutory period is required; in that case that period applies. If the Member does not wish to accept an amendment that is unfavourable to them, the Member may end the membership as of the date on which the new terms take effect. Cancellation takes place in accordance with article 8.3, before the effective date of the amendments.