- The Agreement
1.1. The Agreement shall come into effect following an arrangement made by telephone, e-mail or in person regarding participation in Pilates training sessions.
1.2. Before the sessions commence, a completed, signed registration form must be handed in to the Bodyvita trainer.
- 2. Own risk and liability
2.1. The Client shall take part in Pilates training sessions entirely at their own risk.2.2. Bodyvita shall not be responsible for and cannot be held liable for damage and/or loss and/or theft of the Client’s property or for any form of physical injury incurred before, during or after the Pilates training sessions.
- 3. Payment
3.1. The Client shall pay the costs of the course before commencing Pilates classes. The payment can be made by bank transfer to Bodyvita’s account, by debit card or in cash at the Bodyvita studio. 3.2. In the event that a ticket for 10 or 20 classes is purchased, the Client must pay the course costs before commencement of the first Pilates training session stated on the ticket.
3.3. In the event that the Client fails to pay on time, he/she shall be deemed to be in default without a notice being required, and shall be charged interest at a rate of 4% per month, unless the statutory interest rate is higher than this, in which case the statutory interest will be charged. The interest on the due amount shall be calculated from the moment that the Client is in default until the moment that he/she has paid the amount due in full. In the event of non-payment or late payment, an administrative fee of €40 shall also be charged.
3.4. In the event that Bodyvita is forced to pass on its claim to a debt-collection agency as a result of non-payment, all judicial and extra-judicial costs arising as a result of this shall be charged to the Client and Bodyvita shall be able to recover these costs from the Client.
4. Period of validity of tickets for multiple classes
4.1. The period of validity of tickets for 10 classes shall be 6 months. (balance on account)
4.2. The period of validity of tickets for 20 classes shall be 6 months. (balance on account)
4.3. The start date of the ticket for multiple classes shall be the date of the first class on the ticket.
4.4. In the event that a class is cancelled due to the absence of the trainer (e.g. as a result of illness), the period of validity shall be extended by 1 week.
4.5. Prior notice of absence given by the Client shall not influence the validity of the ticket for multiple classes, irrespective of the reason.
4.6. Refunds will not be given in the event that the period of validity expires.
5.1. If Bodyvita has not received a signed registration form, studio regulations and general terms and conditions, the Client shall not be permitted into Pilates training sessions.
5.2. Bodyvita shall be entitled to refuse the Client entry to a training session if the Client has not complied with its payment obligations on time.
5.3. Bodyvita shall be entitled to refuse the Client entry to a training session if the Client does not comply with the studio regulations.
5.4. Bodyvita shall be entitled to refuse the Client entry to a training session if the Client’s physical condition is such that attending the session would entail irresponsible risks. The trainer shall reserve the right to make this assessment.
6. Cancellation by the Client
6.1. Pilates training sessions shall be held exclusively in consultation with the trainer and by appointment.
6.2. If notice of cancellation is provided more than 24 hours before commencement of the Pilates training session (on working days), the Client shall not be charged.
6.3. If notice of cancellation is provided less than 24 hours before commencement of the Pilates training session (on working days), the Client shall be charged the full fee.
- Cancellation by Bodyvita
7.1. Bodyvita shall be entitled to change the dates and times of training sessions without giving any reason.
7.2. Bodyvita shall be entitled to cancel a Pilates training session or a ticket for 10 or 20 sessions, or to refuse the Client entry without giving any reason, in which case the Client shall be entitled to reimbursement of the amount paid for the class in question or for other sessions that may already have been paid for.
7.3. If circumstances should prevent a trainer from being able to lead one or more sessions, Bodyvita shall organise a replacement.
7.4. In the event that Bodyvita is unable to provide a replacement trainer, any session(s) that have been or will be missed shall not be charged for.
7.5. In the event that 4 or fewer people take part in a mat class on a regular basis, Bodyvita shall reserve the right to drop a session and to find another suitable mat class that they can take part in at another time.
7.6. In the event that a suitable mat class is not available, the ticket for multiple classes shall be terminated and the remainder of the fees already paid for the classes shall be reimbursed.
- Recording data
8.1. Clients’ personal data is strictly confidential and shall be used by Bodyvita’s trainers exclusively for administrative and training-related purposes. Bodyvita’s General Terms and Conditions
9. Amendments by the Client
9.1. In the event that the Client’s contact details change, he/she shall be required to inform Bodyvita immediately.
9.2. Each Client shall be required to inform the trainer immediately of any changes to their physical condition or use of medications, even if this may not seem relevant.
9.3. Possible consequences that result from non-compliance with these terms and conditions shall not be borne by Bodyvita.
10. Modifications by Bodyvita
10.1. Bodyvita shall reserve to right to amend the studio regulations at any time.
10.2. Bodyvita shall reserve to right to amend these General Terms and Conditions at any time.
10.3. Bodyvita shall be entitled to alter its rates at any time. This shall only apply to individual classes and tickets for multiple classes that the Client buys after the rates have been altered.
10.4. A copy of the applicable Studio Regulations and the applicable General Terms and Conditions shall be handed out at registration. These documents are also available on Bodyvita’s website and are on display in a clearly visible place in the studio.
10.5. In any unforeseen circumstances, Bodyvita shall reach a decision.
10.6. The publication of these General Terms and Conditions shall replace the previous version, which shall no longer be valid.
- Applicability and disputes
11.1 These terms and conditions shall apply to all of Bodyvita’s agreements regarding participation in training sessions, mat classes, courses and other forms of training or the provision of advice in the broadest sense of the word.
11.2. Any deviations from this Agreement shall only be binding if confirmed by Bodyvita in writing.
11.3 Bodyvita’s teaching material is and shall remain the property of Bodyvita. Reproduction and/or publication of the content of the classes shall be forbidden in any form and any manner, be it electronically, mechanically, recordings or any other way, without the prior written consent of Bodyvita.
11.4 Dutch law shall apply to all of Bodyvita’s agreements and offers.