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GENERAL TERMS AND CONDITIONS ANYTIME FITNESS BENELUX (NL)<\/strong> 1.1\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Club: the entrepreneur who runs an Anytime Fitness location (listed at the Chamber of Commerce). 1.2 \u00a0\u00a0\u00a0 Member\/Members: the person who has entered or possibly will enter into a membership agreement with the club. 1.3\u00a0\u00a0\u00a0\u00a0\u00a0 Agreement: the membership agreement\/the membership 1.4\u00a0\u00a0\u00a0\u00a0 Membership conditions: the general terms and conditions of Anytime Fitness or the Club as laid down in the following stipulations. 2.1\u00a0\u00a0\u00a0\u00a0\u00a0 Anytime Fitness is a trademark of Anytime Fitness LLC. The Club has obtained a licence and is independently managed and operated. 2.2\u00a0\u00a0\u00a0\u00a0 Members receive a copy of these Membership conditions on registration. The Membership conditions can also be inspected at the Club. On entering into the Agreement Members are deemed to read the Membership conditions and state their acceptance of the content of the Membership conditions by signing the Agreement. 2.3\u00a0\u00a0\u00a0\u00a0 By signing the Agreement the Member also accepts the content of the facilities regulations to which the Agreement refers, as well as the (if any) applicable (internal) regulations of the Club which from time to time may be amended by the Club at its own discretion. 2.4\u00a0\u00a0\u00a0 The Member will be granted access to the Club and its facilities if he complies with the membership payments as included in the Agreement. 2.5\u00a0\u00a0\u00a0\u00a0 Anytime Fitness strives to provide any (new) Member with good coaching and training in order to guarantee a safe and correct use of the fitness equipment in the Club. The Member him\/herself sees to it that he\/she makes an appointment with a team member of the Club for a tour or coaching. If Members are not familiar with (a part of ) the fitness equipment or certain exercises, they should ask a team member of the Club for advice. 2.6\u00a0\u00a0\u00a0 The member understands that (group) fitness activities and the use of fitness equipment are not without risk. Members exercise at their own risk at the Club. 3.1\u00a0\u00a0\u00a0\u00a0\u00a0 The offer of the Club is done in writing or electronically and is valid for the term as indicated by the Club or during a promotion period. If no term has been defined for the offer, then the offer remains valid for a period of two weeks after the date of the offer. After the offer has been made the member completes a (medical) questionnaire which is provided to him by the Club. \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The offer should at least contain: 3.2 \u00a0\u00a0 The description of the offer should be sufficient for a good assessment of the offer by the member. 3.3\u00a0\u00a0\u00a0\u00a0 The offer \u2013 written or electronically \u2013 will be accompanied by a copy of the Membership conditions. 4.1\u00a0\u00a0\u00a0\u00a0 The Agreement is person-related and therefore non-transferrable, non-negotiable and non-refundable. 4.2\u00a0\u00a0\u00a0 The Agreement entitles Members the 7 days per week, 24 hours per day use of all available exercise facilities within the chosen type of membership. 4.3\u00a0\u00a0\u00a0 The membership fee will be charged every 4 weeks, which amounts to 13 times per year 4.4\u00a0\u00a0\u00a0 When entering into an Agreement, the membership will commence on the first day of the next 4-week period. If the Member starts during an ongoing 4-week period, they will pay a portion of the current 4-week period (remaining amount), and the membership duration will begin on the first day of the next consecutive 4-week period. 4.5\u00a0\u00a0\u00a0 If the member loses his access key, he will inform the Club thereof as soon as possible. The member must then buy a new access key. 4.6\u00a0\u00a0\u00a0 For the purpose of identification and security a digital photo of the member will be taken on registration. 4.7 \u00a0\u00a0 The member may use no more than one (if any) discount scheme at the same time. 4.8\u00a0\u00a0\u00a0 Anytime Fitness reserves the right to refuse a request for membership. 4.9 \u00a0\u00a0 If the member has chosen a membership period longer than 12 months and after these 12 months, but before the expiry of the initial membership period, wishes to terminate his membership, then the club will recalculate the membership fee based on the actual consumed period and the accompanying demonstrable (higher) membership contribution and\/or registration fee. The member will pay the amount of the recalculation before the end date after termination. For termination always a notice period of 1 month applies. 4.10\u00a0 If the member has chosen a membership period longer than 12 months (13 4-week periods) and wishes to cancel after 12 months but before the end of the originally agreed membership period, the club will recalculate the membership fee based on the actual period used and the corresponding applicable (higher) membership fee and\/or registration fee. The member must pay the recalculated amount before the termination date following the cancellation. A notice period of one 4-week period always applies when cancelling. 5.1\u00a0\u00a0\u00a0\u00a0\u00a0 By entering into the Agreement the member accepts the minimum membership period from the agreed on starting date until the agreed-on end date (the \u201cMembership period\"). After the agreed on end date the membership and the payment obligation will always be extended automatically with a full 4-week period, unless the member terminates his membership by issuing a written statement which should have been received by the Club at least one full 4-week period before the expiry of the end date. 5.2\u00a0\u00a0\u00a0\u00a0 If the member becomes a member of the Club prior to the opening of the Club, the membership period will start as from the first full 4-week period after the opening of the Club. 6.1\u00a0\u00a0\u00a0\u00a0 The membership fee is agreed on by entering into the Agreement. 6.2\u00a0\u00a0\u00a0 The Club will communicate any price increase to the Members at least 2 weeks in advance. 6.3\u00a0\u00a0\u00a0 If a price increase takes place, the member has the right to annul the Agreement within 4 weeks after its communication. The membership fee paid in advance will be refunded. 6.4\u00a0\u00a0\u00a0 The possibility to annual within the meaning of article 6.3 does not apply to price adjustments based on the price index for household consumption nor to price adjustments that ensue directly from the law, such as those with regard to VAT. This indexation applies to all current memberships regardless their duration. If this price increase takes place within 3 months after the conclusion of the Agreement, then there is a right to annulment within the meaning of paragraph 6.3. 6.5\u00a0\u00a0\u00a0 The Club has a partnership with an invoicing company or Billing Company. The latter sees to it that the periodic payments are being collected via sepa-legislation. The name of this company, currently the Harlands Group, shall be indicated on your bank statements.\u00a0 6.6\u00a0\u00a0\u00a0 Registration fees will be paid on registration together with the purchase price of the access key at the start of the membership. 6.7\u00a0\u00a0\u00a0 When reaching the maximum age, age-restricted memberships shall automatically be transferred into the regular \u2013 non age-restricted \u2013 membership with all accompanying \u00a0membership prices. 7.1\u00a0\u00a0\u00a0\u00a0\u00a0 The membership fees due will be charged and paid in the agreed manner. 7.2\u00a0\u00a0\u00a0\u00a0 If the member remains in default for any payment as agreed on in the Agreement, the Club has the right to claim the remaining outstanding amount. The allowed interest and all costs of collection, including but not restricted to, costs of the collection agency, legal costs and any lawyers\u2019 costs, will be charged to the member. 7.3\u00a0\u00a0\u00a0\u00a0 If a 4-weekly payment or a payment according to another agreed term is met after the due date, any additional costs for the late payment , including the costs of collection by the hired agency, will be for the account of the member. 7.4\u00a0\u00a0\u00a0 Additional service costs may be charged to the member for each audit, credit card, or not executable payment due to insufficient assets or for another reason. If the member pays his 4-weekly contribution via electronic transfer (EFT), the appointed Billing Company reserves the right to collect via EFT all amounts due including all recent costs and service costs. 7.5\u00a0\u00a0\u00a0\u00a0 If the member does not meet his payment obligation, the Club is entitled to deny the member access to the Club and facilities. The payment obligation remains intact. 8.1\u00a0\u00a0\u00a0\u00a0 If the member is not able to use the facilities of the Club due to illness or demonstrable injury, he may temporarily have the Agreement suspended for a consecutive period of at least one 4-weekly period and not longer than three 4-weekly periods. In this case the Club is entitled to evidence which proves the illness or injury, e.g. a statement of the attending physician or specialist or a treatment specification. 8.2\u00a0\u00a0\u00a0 The temporary suspension within the meaning of article 8.1 shall prolong the duration of the Agreement with the length of the suspension period. 8.3\u00a0\u00a0\u00a0 The Agreement cannot be terminated during the temporary suspension period. 8.4\u00a0\u00a0\u00a0 Temporary suspension can never be implemented with retroactive effect. 9.1\u00a0\u00a0\u00a0\u00a0 Under the following circumstances the member may terminate the Agreement: 9.2 \u00a0\u00a0 Early termination by the Club is possible with immediate effect if: \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 -\u00a0\u00a0 the member violates one or more stipulations of these conditions, or of the applicable club regulations, unless the violation does not justify an early termination or \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 -\u00a0\u00a0 the member is guilty of wrongful behaviour towards the Club or towards another club member or team member of the Club. \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 In these cases, the remaining membership fee will not be refunded. 9.3\u00a0\u00a0\u00a0 If the Club terminates its enterprise, then early termination by the Club is possible with due regard to a notice period of one 4-weekly period. In that case the remaining membership fee will be refunded. 10.1\u00a0\u00a0\u00a0 On registration the member buys an access key, either a physical or a digital version (via the Anytime Fitness app), thus becoming and remaining the owner of this access key. The costs for the purchase of the access key should be paid by the member at the start of the Agreement. This access key shall only be exclusively by the member personally for gaining access to the Club. Access keys are not transferable. 10.2 In case of loss or theft of the access key the member should inform the Club and buy a new substitute access key. 10.3\u00a0\u00a0 Members who are not in possession of their access keys during unmanned hours will not be granted access to the Club. Nor should they be allowed access by other Members. 11.1\u00a0\u00a0\u00a0\u00a0\u00a0 The Club will be monitored 24 hours per day by means of video cameras. 11.2\u00a0\u00a0\u00a0\u00a0 The security regulations of the Club have been incorporated in the facility regulations. Members should observe these facility regulations. 11.3\u00a0\u00a0\u00a0\u00a0 Members are obliged to observe the safety functions of the equipment. If a Member is not sure how to operate a device, he may ask for assistance from the personnel of the Club. 11.4\u00a0\u00a0\u00a0 The member is supposed to understand the operation of the alarm devices and agrees to only use them in case of emergency. In case of abuse of the alarm devices the Club may recover the related costs from the member, whether in combination or not with a fine of \u20ac 150,00. 11.5\u00a0\u00a0\u00a0\u00a0 Members are expected to read \u2013 in addition to the facility regulations \u2013 all safety announcements that are displayed at the Club. In particular Members should follow all instructions regarding to safe and correct use of the equipment in the Club. Members are aware of the fact that at certain times the Club is unmanned. At such times the member should not use fitness equipment that is unfamiliar to him. 11.6\u00a0\u00a0\u00a0 Members with complaints (physical\/mental) and\/or a medical history should only exercise during manned hours, unless they are accompanied by another Member during unmanned hours. Therefore, for these members unaccompanied exercise<\/em> during unmanned hours is not permitted. 11.7\u00a0\u00a0\u00a0\u00a0 Members between 16 and 18 years old are only allowed to exercise between 08:00 am and 22.00 pm, unless they are accompanied by an adult Member. Members between 14 and 16 years old are only allowed to exercise during manned hours, unless they are accompanied by an adult Member. Members between 12 and 14 years old are only allowed to exercise during manned hours, together with an adult Member. 11.8\u00a0\u00a0\u00a0 For the purpose of security and recognizability it is not allowed to wear a cap or hood. 12.1\u00a0\u00a0\u00a0\u00a0 Members should use the equipment and facilities in compliance with the rules and instructions. Members should not abuse the equipment or facilities of the Club. 12.2\u00a0\u00a0\u00a0 Offensive, insulting threatening or violent conduct, misuse of equipment, the use of alcohol or illegal substances and smoking is prohibited in the Club and may result in suspension or termination of the Agreement within the meaning of article 9.2. 12.3\u00a0\u00a0\u00a0 It is the responsibility of the member that the equipment used by him (or his guest) will be left behind clean and that the weights and other attributes used by him (or his guest) are put back at their original places. 12.4\u00a0\u00a0 Members should wear clean sport shoes which are only used indoors. 12.5\u00a0\u00a0\u00a0 Taking photographs by Members (including image creation by means of a mobile telephone or similar device) is forbidden in all Club areas. 13.1\u00a0\u00a0\u00a0\u00a0 During the duration of the Agreement Members have the opportunity to make use of other Anytime Fitness Clubs all over the world. 13.2\u00a0\u00a0\u00a0 As soon as the member exercises more than 50% at another Anytime Fitness Club he is eligible for a transfer. In that case the member will be transferred via this transfer arrangement. At that moment the member is expected to pay his membership fee to the other Club, that may charge more or less membership fee than on the basis of the Agreement. If the member does not abide by the transfer arrangement, he will be denied the opportunity to use other Anytime Fitness Clubs. 14.1\u00a0\u00a0\u00a0 If the Club is taken over by another owner, the Agreement will be continued with the new owner as contract party. 14.2\u00a0\u00a0 In the case as described in article 14.1 the Agreement remains in force. The member will continue to pay the membership fees provided that the rules of the new Club do not have a financially negative effect on the member\u2019s use of the Club. 15.1\u00a0\u00a0\u00a0\u00a0 The Club guarantees that the facilities and provided services are in conformity with the Agreement. 15.2\u00a0\u00a0\u00a0 The club subjects the equipment and other facilities to the required maintenance. 15.3\u00a0\u00a0\u00a0 The club guarantees that the instructors and\/or assistants have the knowledge that reasonably might be expected of them. 15.4\u00a0\u00a0 The club sees to it that sufficient First-Aid materials are available. 16.1\u00a0\u00a0\u00a0 The member should adhere to the stipulations of the Agreement, the facility regulations, these Membership conditions and any other (internal) regulations of the club. 16.2\u00a0\u00a0 The member should follow the instructions and directions of the club or the employees of the club. 16.3\u00a0\u00a0 In case of a medical contra-indication for Fitness<\/em>, \u00a0<\/em>the member should inform the club thereof. 16.4\u00a0\u00a0 The member should inform the club timely, in writing or electronically, of changes in his personal information, such as the postal address, email address, bank account number and telephone number. 17.1\u00a0\u00a0\u00a0\u00a0 Towards the member the club is only liable for damage as a result of imputable failure to observe its obligations within the meaning of article 15 of these conditions and for damage that is for the account and risk of the club. The club is not liable for damage to or loss of properties, unless in case of wrongful acts of the Club. The latter also applies for cars, and anything present in the cars, that are parked in the parking lot of the club or elsewhere on the grounds of the club. 17.2.\u00a0\u00a0 The club shall take out sufficient insurances for his company risks. The club\u2019s liability is limited to the insured amount, increased with the excess. 17.3\u00a0\u00a0\u00a0 Towards the club the member is liable for damage as a result of imputable failure to observe his obligations within the meaning of article 16 of these conditions and for damage that is for the account and risk of the member. 18.1\u00a0\u00a0\u00a0 The club may implement interim changes to the presented facilities and opening hours. The club shall communicate the intended changes at least 4 weeks in advance. 18.2\u00a0\u00a0 In case of changes, within the meaning of article 18.1, to the detriment of the member, the member has the right during 4 weeks after the announcement to terminate the Agreement without a notice period, unless the change does not justify a termination. If aforementioned termination is justified, the membership paid in advance will be refunded. 19.1\u00a0\u00a0\u00a0 An Anytime Fitness club might use \u00a0a club improvement program, if it does the following applies: 19.2\u00a0\u00a0 The club improvement program entails a twice per year (on 20 May and 20 November) collection from the member of a contribution of \u20ac 15,00. This amount may be indexed annually. These contributions will be used for new investments. 19.3\u00a0\u00a0 Members may actively contribute ideas to the manner of investment of the contributions based on the club improvement program. 20.1\u00a0\u00a0 The Club processes personal information responsibly in compliance with the applicable (inter)national laws and legislation, including in any case the General Data Protection Regulation (GDPR). 20.2\u00a0 In the Privacy policy, to be found on the club\u2019s website, it is stated which personal information is processed by the club, to which purpose and how the personal information is handled. \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 All Agreements to which these Membership conditions have been declared applicable, are governed by Dutch Law. 22.1\u00a0\u00a0\u00a0 If the club is linked up with NL Actief it will observe the quality protocol of NL Actief, being: \u201cLERF Basis\u201d (to be found at: www.keurmerkfitness.nl<\/a>), including its doping covenant. may be brought before the Complaints Boards \u2018Sport en Beweging\u2019, Bordewijklaan 46, 2509 LP Den Haag (www.degeschillencommisie.nl<\/a>), both by the Club as well as the Member. 22.3\u00a0\u00a0 If the club is linked up with NL Actief, NL Actief guarantees the observance of the binding advice. 22.4\u00a0 If a Club is linked up with NL Actief may be checked on the website of NL Actief (www.nlactief.nl).<\/div>