Terms & Conditions
1 Scope, Realization of the Agreement & Mutual Obligation
1.1 These conditions shall apply to all activities performed by NEXXT GYM for the customer, hereinafter to be referred to as: participant, with regard to attending EMS Training, and/or other services/activities from the offer of NEXXT GYM.
1.2 These general conditions do not only apply in the legal relationship between NEXXT GYM and the participant, but also between the participant and third parties involved by NEXXT GYM in the execution of this agreement, such as but not limited to trainers, supervisors and consultants, including their heirs, if any.
1.3 These general terms and conditions have also been written for the employees of NEXXT GYM's management.
1.4 The agreement is valid from the moment that the registration form completed and transferred by the participant has been received by NEXXT GYM.
1.5 NEXXT GYM is obliged, in view of the purpose of the NEXXT GYM Training, to supervise the participant as well as possible during the NEXXT GYM Training. The content of the NEXXT GYM Training is determined by the Personal Trainer. NEXXT GYM will carry out the activities within the framework of the assignment to the best of its insight, expertise and ability. However, this is an obligation to perform to the best of one's abilities.
1.6 The participant declares that he/she is healthy to the best of his/her knowledge and physically able to follow the instructions of the Personal Trainer without damage to his/her health. In case of doubt, the participant undertakes to consult his/her doctor before entering into the agreement with NEXXT GYM.
2 Training Conditions, Time of Exercise and Prevention
2.1 There is always training under the supervision of a Personal Trainer and a maximum of two participants per session. Training times are set by NEXXT GYM. During public holidays NEXXT GYM is closed. NEXXT GYM is entitled to adjust the training times.
2.2 The participant is requested to inform NEXXT GYM at least 24 hours prior to the appointment if he is unable to attend. If this is not the case, the costs of the discussed training will be charged to the participant.
2.3 For a NEXXT 12, 25, 50 or 75 subscription the participant can use the number of trainings during a specific period (12 = 12 months, 25 = 24 months, 50 = 36 months, 75 = 48 months).
2.4. With a NEXXT FIT and NEXXT FITCARDIO subscription the participant may not come for 3 weeks within a subscription period of 6 months and train at a later time within the subscription period.
2.5 If it is not possible to train due to force majeure (e.g. government measures due to Corona), the validity of the subscription will be extended by this time.
3 Prices and Payment
3.1. NEXXT GYM prices vary according to tariff and shall be agreed in the contract.
3.2. The prices of NEXXT GYM are including sales tax.
3.3. NEXXT GYM is entitled to adjust prices.
3.4. Payments shall be made by direct debit.
4 Liability of NEXXT GYM
4.1 In the unlikely event that during the execution of the agreement an event occurs which leads to liability on the part of NEXXT GYM, such liability shall at all times be limited to the amount insured under the liability insurance taken out in respect thereof, increased by any excess payable by NEXXT GYM under the insurance policy.
4.2 Contrary to the provisions of article 4.1, NEXXT GYM excludes any liability arising from or (in)directly related to: the incorrect or incomplete information of any nature whatsoever provided by or on behalf of the participant; with or on behalf of the participant. is due to the participant not following a verbal or written instruction given by or on behalf of NEXXT GYM; with or as a result of the physical or mental condition of the participant, insofar as this has not been demonstrably (timely) communicated to NEXXT GYM by the participant;
4.3 If, for any reason whatsoever, no insurance payment is made, the liability of NEXXT GYM shall be limited to the amount charged by NEXXT GYM in connection with the service in question up to a maximum of 1,000.00 Euros, except in the case of intent or gross negligence.
4.4 NEXXT GYM expressly excludes any liability for damage suffered indirectly, as well as for damage resulting from the theft of goods from participants.
5 Contract Duration, Termination or Dissolution
5.1 The agreement between NEXXT GYM and the participant is concluded for the period of validity of the contract and the last training session used.
5.2 Notice of termination of subscriptions must be given in writing at the latest six weeks before the end of the subscription period. Cancellation reasons are either medical reasons or a move/job change that results in a journey to the studio of more than 30 minutes. Shop owners and customers who have lost their jobs can cancel their contract at any time.
5.3 NEXXT GYM is entitled to immediately dissolve the agreement in whole or in part without any obligation to pay damages if the participant does not, or only partially, fulfil his obligations under the agreement.
5.4 In case a NEXXT GYM studio closes permanently, the contract with the participant ends automatically on the closing day. Training sessions that have already been paid for but not yet completed will be refunded.
6 Debt collection
Customers authorise (A) NEXXT GYM to send standing debit instructions to your bank to debit an amount from the account each month and (B) the bank to debit an amount from the account continuously in accordance with NEXXT GYM's instruction. If the customer does not agree with this debit, he can have it reversed. To do so, contact the Bank within 8 weeks after the debit has been made.
7 Consent for Data Protection
NEXXT GYM customers agree that personal data will be collected, stored, mechanically processed and used by NEXXT GYM for administrative and evaluation purposes; NEXXT GYM may also use the data for its own advertising purposes. In addition, they agree that NEXXT GYM may transfer these data to third parties for data processing, central administration, compilation of business comparisons, monitoring of evaluations, benchmarking and evaluation by service providers bound by confidentiality. The partners used for this purpose are contractually obliged by NEXXT GYM to handle personal data with care, taking into account data protection regulations and in accordance with the specifications, to process and use them exclusively within the framework of the instructions given by NEXXT GYM and not to pass them on to third parties. Further use of data and disclosure of personal data to other third parties shall not take place unless the customers give their express consent or NEXXT GYM is legally obliged to disclose such data.
8 Applicable Law and Disputes & Final Provisions
8.1 All agreements with NEXXT GYM shall be governed by Dutch law.
8.2 All disputes which may arise between NEXXT GYM and the other party as a result of an agreement or as a result of agreements which may be the result thereof shall be adjudicated by the competent court of the District Court of The Hague, unless NEXXT GYM chooses to submit the dispute to another court.
8.3 All judicial and extrajudicial costs reasonably incurred as a result of non-fulfilment by the other party of obligations arising from the agreement shall be for the account of the other party.
8.4 NEXXT GYM shall be authorised to amend these general terms and conditions. The most recently deposited version on the website of NEXXT GYM shall always apply.
8.5 In the event that one or more provisions of these general terms and conditions prove to be null and void or are annulled, the remaining provisions shall remain in full force. In such a case, a legally valid provision shall take the place of the invalid or annulled provision(s), which shall come as close as possible to the invalid or annulled provision(s) in terms of content, purpose and effect.