Subscription Conditions of High Five Fitness Network (HFFN), 25 March 2019.
Article 1 Definitions
Vitality Providers: providers of one or more sports activities or services in the area of vitality with which High Five Fitness Network has a partnership and which are listed on the Website.
Organisation: an organisation that has made contractual agreements with High Five Fitness Network to provide the Vitality Offer of the various Sports Providers to its clients through the High Five Fitness Network portal.
Clients: client of the Organisation interested in using the Vitality Offer, who has created an account and who is an approved member of the High Five Fitness Network or a future member of the High Five Fitness Network
Vitality Offer: specific sports, fitness or other itality activities or services offered by the providers The Agreement: Agreement between the Vitality Provider and the Client in respect of the Vitality Offer
In writing: in writing means both physical (paper) and digital documents.
Article 2 Scope of Application
1. These subscription conditions apply to the conclusion and performance of all Agreements formed via the portal of High Five Fitness Network between the Vitality Provider and the Client.
Article 3 The Vitality Offer
1. The Vitality Provider provides the Vitality Offer electronically via the High Five Fitness Network portal.
2. The Vitality Offer comprises at least:
- the cooling-off period referred to in Article 5;
- the available facilities and coaching;
- the days and times on which the facilities can be used;
- the subscription prices. The Vitality Offer clearly states whether periodic or one-off charges are made;
- the payment method and the payment term;
- the period of the Agreement and the corresponding notice period and/or renewal period, in case of a multiple visit card, the term of validity.
3. The description of the Vitality Offer must be sufficient for the Client to properly assess the Vitality Offer.
4. These subscription conditions are provided in electronic form with the Vitality Offer.
Article 4 The Agreement
The Agreement is concluded when the Client accepts the Vitality offer. The Agreement is strictly personal.
Article 5 Cooling-off Period
1. The Agreement concluded via the portal is subject to a cooling-off period of fourteen calendar days. During this period, the Client may revoke the Agreement free of charge. The Client may have the Agreement commence immediately, at their request. Should the Client subsequently make use of the right of withdrawal within the cooling-off period, they will owe a pro rata payment for the period from the start of the Agreement to the moment of Withdrawal.
Article 6 Duration and Termination
1. The portal of High Five Fitness Network indicates the duration and renewal period for each Vitality Offer. If the client wishes to terminate an Agreement for one year or less that does not end by operation of law, he must do so - unless otherwise agreed - effective the end of the subscription period, with due observance of a notice period of one month, in accordance with paragraph 3 of this Article. Subscription fees will not be refunded to the client if an annual contract is actually not used in the interim.If the Client does not terminate on time, the Agreement will continue for an indefinite period, after the agreed period of time. The Client may terminate an indefinite Agreement at any time, subject to a notice period of one month, in accordance with paragraph 3 of this Article.
2. The Client may terminate the Agreement during its term if:
- the Client moves to a different home address and demonstrates this in writing, and for that reason is no longer able to make use of the Vitality Offer owing to the increased travel time.
- the Client can no longer make use of the Vitality Offer for the remainder of the subscription period as a result of a demonstrable injury or illness, at the time of termination.
3. Interim termination is effected by giving one month's notice, effective the end of the month, by e-mail addressed to email@example.com . In the event of a termination on the grounds of a demonstrable injury and/or illness, the notice period commences on the last day of the month. The date of termination must be accompanied by the submission of documents (medical statement issued by a doctor or other recognised specialist) minimally proving that the Client is unable to take part in sports due to an injury and/or illness.
4. The Organisation may terminate the Agreement during its period of validity in the event the Client leaves the Organisation.
5. Interim notice must be given via the Organisation by the end of the relevant subscription period as stipulated in the contract between High Five Fitness Network and the Organisation.
6. The Client must terminate the Agreement through the High Five Fitness Network Portal. Notices of termination sent directly to the Vitality Provider cannot be accepted.
7. In the case of termination as referred to in paragraph 2, High Five Fitness Network is entitled, in consultation with the Vitality Provider, to recalculate the contribution for the expired subscription period on the basis of the actual subscription period completed and the corresponding demonstrable subscription fee and/or registration fee. Subscription fees will not be refunded to the Client if an annual contract is actually not used or terminated in the interim on the basis of Article 6 paragraph 2.
8. High Five Fitness Network may terminate the Agreement prematurely and with immediate effect if:
- the Client violates one or more provisions of these terms and conditions or of the applicable internal regulations, unless the violation does not justify premature termination or;
- the Client acts unlawfully towards High Five Fitness Network, towards the Vitality Provider or towards a contracting party of the Sports Provider.
High Five Fitness Network will not refund the remaining subscription fees in these cases. This is without prejudice to any obligation on the part of the Client to pay compensation for the damages attributable to them.
10. If the Vitality Provider terminates its business, the Vitality Provider may terminate the agreement prematurely with due observance of a notice period of one month. In this event, the Vitality Provider will reimburse the remaining subscription fee via High Five Fitness Network.
Article 7 Prices and Price Changes
1. The payment for the Vitality Offer to be purchased is agreed upon prior to the conclusion of the Agreement.
2. High Five Fitness Network and the Vitality Provider will announce any price increases to the Client four weeks prior to the increase.
3. In the event of a price increase, the Client has the right to terminate the Agreement within four weeks of the announcement of that increase being made by High Five Fitness Network. High Five Fitness Network will refund the prepaid subscription fee for the period after dissolution of the Agreement. The subscription fee payable by the Client will then be recalculated based on the actual subscription period.
4. The possibility of dissolution under paragraph 3 does not apply to price adjustments based on the CBS price index for household consumption or to price adjustments arising directly from the law, such as a VAT increase.
Article 8 Obligations of the Vitality Provider
1. The Vitality Provider guarantees that the facilities and services provided comply with the Agreement.
2. The Vitality Provider ensures that the facilities are properly maintained.
3. If the Vitality Provider makes use of the services of instructors and/or coaches, it guarantees that the instructors and/or coaches possess the knowledge that can be reasonably expected of them.
4. The Vitality Provider ensures that sufficient first aid equipment is available.
Article 9 Obligations of the Client
1. The Client adheres to the instructions given by the Vitality Provider and the internal regulations.
2. The Client must report a medical contraindication for Fitness Training to the Sports Provider.
3. The Client must follow the instructions of the Vitality Provider or its appointed employees. The Client is not permitted to use machines or facilities with which the Client is not familiar. If the Client is not familiar with one or more machines or facilities, they must inform the Vitality Provider of this, so that the Vitality Provider can provide an explanation.
4. Clients are not permitted to use the machines and facilities if they are under the influence of alcohol, drugs, medicines or substances designated under doping.
5. The Client is not permitted to smoke in the smoking-free areas provided by the Vitality Provider.
6. The Client must notify the Sports Provider of changes to contact information and any payment information in a timely manner, by electronic means via the portal of High Five Fitness Network.
Article 10 Interim Changes
1. The Vitality Provider may make interim changes to the facilities offered, timetables, programmes and opening hours. The Vitality Provider shall give adequate notice of the intended changes at least four weeks in advance.
2. In the event of changes as referred to in paragraph 1 that are made to the detriment of the Client, the Client has the right to terminate their subscription without notice, during a period of four weeks after the announcement, unless the change does not justify termination. The Client must submit a request to this end to High Five Fitness Network via firstname.lastname@example.org . If the termination is justified, the prepaid subscription fee will be refunded.
Article 11 Proof of Membership
1. After the start date of the subscription, the Client receives a membership card from the Vitality Provider on presentation of valid proof of identity. The membership card may be requested upon arrival in order to register the visit.
2. A new membership card may be requested if the original is lost or damaged. Vitality Providers are entitled to charge a reasonable fee for replacement cards.
Article 12 Payment
1. The fees due will be charged by High Five Fitness Network to the Client and/or the Organisation and paid in the manner agreed when accepting the Vitality offer in the Portal.
2. In the event of late payment, either the Client or the Organisation is in default, after having been notified in writing by the High Five Fitness Network and having been given the opportunity to pay the outstanding amount within two weeks.
3. On expiry of the new payment date, High Five Fitness Network is entitled to charge statutory interest and extrajudicial costs pursuant to Book 6, Article 96 (2c) and (5) of the Dutch Civil Code. High Five Fitness Network is further authorised to deny the Client access to the facilities of the Vitality Provider.
Article 13 Liability
1. The Vitality Provider is liable to the Client for any damages resulting from an attributable failure to comply with its obligations under the Agreement and for any damage that is at the risk and expense of the Vitality Provider. The Vitality Provider is liable for damage to or loss of property, unless otherwise agreed by the Vitality Provider. High Five Fitness Network is not liable for any damage or loss of property during the use of the Vitality Offer.
2. The Vitality Provider will take out adequate insurance against its business risks. The coverage of this insurance amounts to at least €1,000,000 per case. The liability of the Vitality Provider is limited to the sum insured, plus the excess.
3. The Client is liable to the Vitality Provider and High Five Fitness Network for damages resulting from an attributable failure to comply with their obligations under the Agreement and for damages at the risk and expense of the Client.
Article 14 Complaints
1. High Five Fitness Network has a complaints procedure and handles any complaints it receives in accordance with this procedure. Complaints can be submitted via the following link https://www.highfive.fit/nl/suggestie-klacht. This complaints procedure may also be used to file complaints concerning the Vitality Provider's service after unsuccessfully attempting to find a direct solution in consultation with the Vitality Provider.
2. The Client must lodge complaints about the performance of the Agreement as soon as possible, but no later than four weeks after the Client has identified the defects, with High Five Fitness Network, unless they cannot reasonably be expected to do so. These complaints must be fully and clearly described. High Five Fitness Network may request supporting evidence.
3. Failure to submit a complaint on time may result in the Client forfeiting their rights in this respect.
4. High Five Fitness Network will respond to the Client's complaints as soon as possible, but no longer than four weeks after receiving the complaint. If a complaint requires a foreseeably longer processing time, High Five Fitness Network will respond immediately with an acknowledgement of receipt and an indication of the period within which the Client can expect a more detailed response.
Article 15 Amendment Clause
1. High Five Fitness Network has the right to make amendments or additions to the subscription conditions. In the event of amendments being made, the Client will be informed in advance of their content and will be given the opportunity to dissolve the Agreement in accordance with Book 6, Article 237(c) of the Dutch Civil Code. High Five Fitness Network will inform the Client at least two months in advance of the amended conditions and their effective date. If the Client wishes to terminate the Agreement as a result of the amendment, they must do so at least one month before the effective date of said amendment. The cancellation will take effect one month after receipt of the cancellation by High Five Fitness Network.
Article 16 Applicable Law
1. All Agreements to which these terms and conditions apply are declared subject to Dutch law, unless otherwise determined under mandatory law.