TERMS &
CONDITIONS
We are BTY CLB, part of the Urban Gym Group B.V. (BTY CLB). BTY CLB offers single classes (Single Class) and class packages (Sparkle Package) online to join BTY CLB’s (physical) classes. BTY CLB also offers memberships to join the online BTY CLB at Home video’s via Instagram. The Single Class, Sparkle Packages and Memberships are collectively called Products. For more information about BTY CLB and the different packages, visit the website: https://www.bootyclub.nl/ (Website).
IN GENERAL
These general terms and conditions (Terms) apply to the legal relationship between BTY CLB and every natural person who purchases a product or service through the Website (Customer)
1. BTY CLB offers to Customer fitness group classes (the Services).
2. These Terms also apply to every person who uses the Services of BTY CLB, regardless of any other agreement has been concluded with BTY CLB. Thus, these Terms apply, inter alia, to the by BTY CLB offered group classes.
3. BTY CLB offers Services under the condition that a Customer, and any other user of the Services, accepts these Terms.
PACKAGES
4. BTY CLB offers different kind of packages. An up-to-date overview of the various packages are available on the Website
5. The duration of every Spark Package starts on the day of the purchase. Expiry dates are as follows:
· EXPLORE - 3 Spark Package: 1 month after purchase
· VIP - 5 Spark Package: 2 months after purchase
· ELITE - 10 Spark Package: 5 months after purchase
· ULTIMATE - 20 Spark Package: 10 months after purchase
6. The Single Class and Spark Packages are personal and non-transferable. The products can only be used by the Customer.
7. The Spark Package can - in consultation with BTY CLB - be frozen on medical grounds. BTY CLB reserves the right to request additional evidence from a Customer when requesting a freezing.
RESERVATIONS
8. Reservations for the BTY CLB classes can be made 14 days in advance through the Website.
RIGHT TO CANCEL
9. Customer can cancel the booked class 12 hours prior to the start time of the booked class. When the cancellation is in time, Customer’s sparkle will be added to his/her account. Cancellations made less than 12 hours in advance are fully charged, which means Customer loses the sparkle.
CHANGES TO THE WEBSITE AND PROMOTIONS
10. Although BTY CLB strives to only provide correct and up-to-date information on the Website, BTY CLB is not liable for any inaccuracy and no rights can be derived therefrom.
11. The current schedule is mentioned on the Website. BTY CLB remains the right to change the schedule at any time. If possible, any changes are announced in advance by mentioning them on the Website or by communicating via email.
12. BTY CLB reserves the right to cancel a class that has been scheduled or to change the BTY CLB instructor mentioned in the schedule. In case of a cancellation, the Sparkle will be refunded.
13. BTY CLB reserves the right to change the pricing for all Products.
LIABILITY
14. Customer uses BTY CLB’s Services at their own responsibility and risk.
15. Member remains personally responsible for their own behavior within BTY CLB’s locations. BTY CLB is not liable for the conduct of a Customer and any resulting damages.
16. BTY CLB is not liable for any personal injury, accident or death of a Customer during BTY CLB’s classes.
17. Customer indemnifies BTY CLB against any liability to third parties for damages suffered by the third party in question during his or her attendance at the BTY CLB as a result of acts or omissions by a Customer.
18. BTY CLB is not liable for damage to - or loss of property, as well as thefts of property in BTY CLB’s locations
19. If BTY CLB can in any event, in any way be held liable for Customers damages, BTY CLB’s liability is limited to the amount paid out by the insurer of BTY CLB in that specific case.
20. Nothing in these Terms shall exclude or limit BTY CLB’s liability where it cannot be excluded or limited under applicable law, such as in the event of willful intent or gross negligence by BTY CLB.
21. BTY CLB provides the following guidelines for reducing the risk of an injury: Always consult a doctor before starting classes if you are not sure that you’re physically capable to join the class or when you (expect) to be pregnant. If you have any other injury or any other physical inconvenience, always inform the instructor. If in the subjective opinion of the BTY CLB instructor, you would be at physical risk participating in the classes, you understand and agree that you may be denied access to the classes until you furnish BTY CLB with a letter from your doctor, at your sole cost and expense, specifically addressing BTY CLB’s concerns and stating that BTY CLB’s concerns are unfounded.
PRIVACY
22. BTY CLB considers the protection of personal data to be important. BTY CLB acts in accordance with the General Data Protection Regulation (GDPR).
23. Our privacy policy tells you what personal data TrainMore processes and what we do with it: https://trainmore.nl/privacy-policy/.
APPLICABLE LAW AND COMPETENT COURT
24. These Terms and all other agreements between Customer and BTY CLB are governed exclusively by Dutch law.
25. If BTY CLB and Customer cannot resolve a dispute between themselves, disputes between the Customer and BTY CLB shall be submitted to the Geschillencommissie Sport en Beweging, Bordewijklaan 46, 2509 LP Den Haag (www.degeschillencommissie.nl) (Geschillencommissie Fitness) or to the competent court of the District Court of Amsterdam.
QUESTIONS, COMMENTS AND SUGGESTIONS
If you have a question, comment or suggestion, please contact us by the contact form on the website or by email: info@btyclb.com